PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PLACEWORKS
This Agreement is made and entered into as of this 16 day of September, 2020 by and to individually as "Party" and collectively as the "Parties."
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
To prepare a comprehensive update to the General Plan, the creation of a Downtown Specific Plan, an update of the Development Code and other related services (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant 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.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." 1 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Three Million Five Hundred Ninety-Seven Thousand Nine Hundred Eighty-Five Dollars ($3,597,985.00). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. 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.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit "A," unless the Agreement is previously terminated as provided for herein ("Term").
7. Maintenance of Records; Audits.
a. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a 2 reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
Standard of Care. Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 3 vidence satisfatury to the Gily it has secured all ince ore required under this so prod it addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant's and its subconsultants' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(ill) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
4 The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability
Agreement, the Consulant shal mall aine during th liperformance of tor bork undery thi property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
d. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The 5 policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (ili) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- s'or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. 6 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
i. Qualifying Insurers
All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in th business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
The foregoing requirements as to the types and limits of insurance overage to be maintained by Consultant, and any approval of said insurance by the City, is no ntended to and shall not in any manner limit or qualify the liabilities and obligations otherwis assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
7 (i) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other 8 proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seg. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless trom any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days' written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be 9 entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys' 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's Office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this Agreement.
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 under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Mark Teague, AICP as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. • This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
10 CITY: CONSULTANT:
City of San Bernardino PlaceWorks
Vanir Tower, 290 North D Street 3 MacArthur Place, Suite 1100 San Bernardino, CA 92401 Santa Ana, CA 92707
Attn: Michael Huntley, Attn: Kara Kosel, Contracts Manager Director of Community & Economic
Development
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit "A," represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which is not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party 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 11 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.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
Headings. Paragraphs and subparagraph headings contained in this Agreement re included solely for convenience and are not intended to modify, explain, or to be a full o ccurate description of the content thereof and shall not in any way affect the meaning c interpretation of this Agreement.
38. Amendments. Only a written executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
City's Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. 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 Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PLACEWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO CONSULTANT
Approved By:
In Yadnt
Teri Ledoux
City Manager Brun Tuld
Name
Approved as to Form:
milanging Praisel
for Sonia Carvalho
City Attorney
Attested By:
Rache
over
Genoveva Rocha, CMC
City Clerk
13 EXHIBIT A
14 EXHIBIT B
15 Outmach Adviso.
TOTAL
Total TASK
Hourty Rate: Total Hrs! Total Dollars Markup Subconsultants! BUDGET TASK 1. PROJECT FOUNDATION, INITIATION, AND COORDINATION Kick-off Meeting and City Tour 28 $6,038 960 $96 $1,056 $7,094 Project Management and Tracking System 312 $61,730 4,655 $466 $5,121 $66,851 Coordination Meeting with City Staff $56,375 $o $O $56,375 Coordination with City Staff 350 $71,308 4,950 $495 $5,445 $76,753 Meetings with City Council Members 53 $11,475 $O $o $11,475
1.2 Document Templates and Base Maps 40 $6,701 $0 So $6,701 Review of Existing General Plan 112 $19,196 SO SO $19,196 Task 1. Subtotal 1153 $232,823 $10,565 SO SO $1,057 $11,622 $244,445 TASK 2 EXISTING CONDITIONS/BACKGROUND REPORT (Database and analyses supporting the GPU. DISP. Development Code, and PEIR) Perspective of San Bernardino's History 44 $6,079 SO so $6,079 The Built Environment
2.1 Land Use 180 $29,192 SO $0 $29,192
• •
2.2 Urban Design and Public Places SO $0 $0
2.3 Housing 740 $101,143 3,000 $300 $3,300 $104,443
2.4 Historic Resources 8 $1,591 19,920 $1,992 $21,912 $23,503 Infrastructure and Public Services
2.5 Mobility/Circulation $3,774 81,775 $8,178 $93,727
2.6 Infrastructure 17,000 $1,700 $18,700
2.7 Police and Fire 9 $989 88% 11 $O $989
2.B Parks and Recreation $17,993 •0. SO $17,993
2.9 Education $8,486 $8,486
Economy and Jobs
2.10 Local Economy $9,589 So $o $9,588
2.11 Market Demand 130 $19,023 $19,023
The Community
2.12 Population and Demographics $12,658 $0 $o $12,658
2.13 Equity, Environmental Justice, and Health 344 $56,855 SO $56,855 The Natural Environment
2.14 Biological Resources 18,000 $1,800 $19,800 $19,800
2.15 Cultural Resources So 9,960 $996 $10,956 $10,956
2.16 Hydrology and Water Quality So $o So
2.17 Air Quality $10,853 888 $10,853
2.18 Climate and Climate Change $11,179 $11,179
Hazards and Vulnerability
2.19 Noise $9,200 SO $9,200
2.20 Geologic and Seismic Hazards $1,725 $1,729
Flooding $913 $913
Fire and Wind $4,723 $4,723
Public Safety 12 $1,510 88888888
$1,510
Geology $694 $694
2.21 Existing Conditions Report $33,793 $33,793
2.22 Community Snapshot $18,625 $O $18,625
Task 2. Subtotal $360,590 $3,000 $81,775 $17,000 $47,880 $14,966 $164,621 $525,211 TASK 3, PUBLIC OUTREACH STRATEGY (Phases: Vsioning, Collaboration, Decision-Maling, Monitoring and Evalualion)
3.1 Public Engagement Plan 70 $12,880 480 $48 $528 $13,408
3.2 Citywide Workshops (4 rounds @ 3 locations -12 total) 486 $86,557 3,200 16,920 $2,012 $22,132 $108,689
3.3 Focus Area Workshops (3 total) $39,500 1,200 $120 $1,320 $40,820
3.4 Pop-Up Events (Assume 3 events) 206 $33,966 3,200 $320 $3,520 $37,486
3.5 Stakeholder Interviews or Roundtables $30,722 1,200 $120 $1,320 $32,042
3.6 General Plan Advisory Committee (14 meetings) $91,882 2,910 $291 $3,201 $95,083
3.7 Project Branding and Collateral Materials $60,588 SO $O $60,588
3.8 Project Website $36,271 So $36,271
3.9 Social Media, Online Surveys (3) and Outreach Coordination 298 $49,980 24,000 $2,400 $26,400 $76,380 Task 3. Subtotal 2473 $442,346 $33,280 $19,830 $0 $5,311 $58,421 $500,767 TASK 2 VISION STATEMENT
Public Visioning Events (Addressed by Task 3)
4.2 Draft Vision Statement and Guiding Principles 100 $18,972 $18,972
4.3 Review Preliminary Vision Statement $1,683 ..° 000 ..° 8000 8 8 88 $1,683
4.4 Final Vision Statement and Guiding Principles $6,691 $6,691 Task 4. Subtotal 148 $27,346 so 527,346
TASK 5. LAND USE PLAN UPDATE
5.1 Confirm Areas of Conservation and Change 65 $11,868 so $11,868
5.2 Develop Focused Area Land Use Concepts 474 $91,535 $0 $o 591,535
5.3 Evaluate Comparative Impacts of Plan Alternatives
5.3.1 Economic Analyses 200 $30,345 0 0 : $o $o $30,345
5.3.2 Fiscal Impacts 192 $2B,550 so $28,550
5.3.3 Pubkc Facilities and Services 50 $5,865 : $o $o $5,865
5.3.4 Traffic Model/Forecasts 6 $1,377 98,534 $9,853 $108,387 $109,764
5.3.5 Infrastructure 2 $398 7,500 $750 $8,250 $8,648
5.3.6 Natural Environment 36 $5,202 $o so $5,202
5.3.7 Climate Change/GHG Emissions $6,008 $0 $6,008
5.4 Land Use Alternatives Report 102 $20,665 so so $20,665
5.5 Review Alternatives 50 $9,751 67,980 $6,798 $74,778 $84,529 Select Preferred Plan 96 $19,105 0 So $19,105
Task 5. Subtotal 1311 $230,669 So $166,514 $7,500 $17,401 $191,415 $422,084 PROPOSAL FOR SERVICES | PLACEWORKS J-3
The PlaceWorks Team
solonial
TOTAL
Oncanizatiom
Subconsultant Total TASK
Hourty Rate: Total Hrs | Total Dollars Markup Subconsultants| BUDGET TASK 6. GENERAL PLAN UPDATE
6.1 General Plan Format $15,606 SO $15,606
• o • 0
Writing Guide $3,978 $o $3,978
6.2 Administrative Draft General Plan Goals ad Policies Introduction 22 $4,447 So $o $4,447
Vision and Guiding Principles 12 $2,366 $2,366
6.2.1 Land Use and Urban Form 272 $49,388 $o $49,388
6.2.2 Community Design So $o SO
62.3 Economic Development 144 $24,562 $0 $24,562
6.24 Housing 242 S41,667 $0 So $41,667
6.2.5 Circulation 86 $16,381 71,895 $7,190 $79,085 $95,466
6.2.6 Utilities/infrastructure $1,632 9,500 $950 $10,450 $12,082
6.2.7 Public Services and Facilitles 156 $22,012 $0 $22,012
6.2.8 Parks, Recreation, and Trails 168 $23,664 $O $23,664
6.2.9 Energy and Water Conservation 26 $5,314 SO $5,314
6.2.10 Historic and Archaeologic Rescurces 14 $2,876 $0 $o $2,876
6.2.11 Noise 18 $3,672 $0 So $3,672
6.2.12 Safety 70 $9,262 SO $o $9,262
6.2.13 Climate and Adaptation 102 $15,412 SO SO $15,412
6.2.14 Environmental Justice and Health 154 $29,692 $29,692
6.3 Implementation Programs 212 $45,104 $45,104
6.4 Outside Agency Review (HCD, CALFIRE, CAG, ALUC, OTHER) 212 $31,865 80000 18888 $31,865
6.5 Review Administrative Draft General Plan and Implem. Pgms. $10,445 $10,445 Task 6. Subtotal 2064 $359,345 $71,895 $9,500 $8,140 $89,535 $448,880 TASK 7. DRAFT COMPREHENSIVE GENERAL PLAN DOCUMENTATION
7.1 Confirm Plan Organization/Layout (Review Options) 524 $91,504 $91,504
7.2 Administrative Draft 476 $75,664 $75,664
7.3 Final Public Draft 168 $24,786 $24,786
7.4 Responses to Comments/Input for PC and CC Staff Reports $17.524 88888 88888 $17,524
7.5 PC Recommended Revisions $4,162 $4,162
Task 7. Subtotal 1280 $213,640 $0 So $213,640
TASK 8. DOWNTOWN SPECIFIC PLAN
8.1 Framework for Planning $15,055 $15,055
8.2 Supplemental Existing Conditions and Urban Design Analysis $27,479 12,500 $13. $41,229
8.3 Vision, Objectives, and Planning Principles 50 $9,823 $9,823 Alternative Land Use/Urban Form Plan Concepts 98 $18,727 8,500 $9,350 $28,077 Economic/Development Pro Forma Analyses 242 $35,945 000 $5,500 $41,445 Prepare Land Use Plan 84 $17,840 $O $17,840
Draft Specific Plan $1,285 $1,285
8.7.1 Preferred Land Use Pian. 74 $13,189 $0 $13,189
8.7.2 Mobility Plan. 132 $21,583 $16,632 $38,215
8.7.3 infrastructure Plan 64 $10,404 $1, $24,154
8.7.4 Development Standards 110 $21,604 $21,604
8.7.5 Design Guidelines 126 $22,583 $22,583
8.7.6 implementation Plan and Economic Development Strategy 72 $15,392 $15,392
8.8 Public Review 210 $31,722 $31,722
Task 8. Subtotal 1488 $262,631 $5,000 $33,500 So $5,362 $321,613 TASK 9. DEVELOPMENT CODE
9.1 Review Partial Draft Updated Code 108 $20,461 6,850 $27,996
9.2 Stakeholder Outreach $16,106 $16,106
9.3 Draft Zoning Code Sections 428 $74,725 $74,725
9.4 Design and Operational Standards 148 $26,887 $26,887
9.5 Zoning Map and Districts 64 $12,587 80000000 81555055558 $12,587 Public Review Draft Code 46 $8,446 $8,446
Public Hearings 20 $4,039 $4,039
9.8 Final Development Code 66 $10,486 $10,486
Task 9. Subtotal! 978 $173,737 $o $6,850 $181,272
TASK 10, PROGRAM EIR
10.1 CECA Project Description $15,932 6,000 $600 $6,600 $22,532
10.2 Technical Analysis 825 $67,646 45,420 $4,542 $49,962 $117,608
10.3 Environmental Impact Report 1001 $134,757 12,450 $1,245 $13,695 $148,452
10.4 Final EIR & Certification Documents 356 $45,145 5,000 $500 $5,500 $50,645 Task 10. Subtotal 1882 $263,480 SO SO $68,870 $6,887 $75,757 $339,237 TASK 11. PUBLIC REVIEW AND ADOPTION
11.1 Planning Commission (Assume 3 study sessions/hearings) 152 $32,069 1,260 $126 $1,386 $33,455 City Council (Assume 3 study sessions/hearings) 152 $32,069 630 $63 $693 $32,762
11.2 Adopted and Certified Documents 88 $12,444 So $12,444 Task 11. Subtotal 392 $76,582 So $1,890 $189 $2,079 $78,661 TASK 12 POST-ADOPTION ACTIVITES
12.1 Training Sessions (Staff, PC, CC, Other) 224 $48,103 $0 $48,103 Implementation Tracking and Modifications $47,858 0 0 0 0 $o $0 $47,858
12.2 248
12.3 Contingency $48,868 SO so $48,868
Task 12. Subtotal 472 $144.829 $0 $O $0 $0 $o $144,829
Labor Hours Total 16,109
Labor Dollars Total $2,788,018 $41,280 $367,589 $67,500 $123,600 $59,998 $659,967 $3,447,985 PlaceWorks Percent of Total Labor 100.0%
PlaceWorks Reimbursable Expenses $150,000
Subconsuftants' Reimbursable Expenses
EXPENSES TOTAL $150.000
GRAND TOTAL $3,597,985
Unspent balances for line item work tasks may be re-allocated to Task 12.3 Contingency or other work tasks based on mutual agreement of the City of San Bernardino and PlaceWorks
PROPOSAL FOR SERVICES | PLACEWORKS J-4
B. Background and Project Summary
PROJECT UNDERSTANDING
The City of San Bernardino. To understand the history of San Bernardino is to understand what this project is all about.
San Bernardino's story is one of a thriving past, recent decades of economic and social challenges and renewed opportunity and investment.
Over the last 50 years, San Bernardino has experienced a number of economic challenges, including most notably the gradual decline of Downtown, the closure of Norton Air Force Base in 1994 with the loss of over 10,000 direct and indirect jobs, the last "Great Recession," and the ongoing COVID pandemic. Each of these setbacks has placed enormous fiscal constraints on the City; combined, they have made it incredibly difficult for the City to respond and put it on a path toward a long-term, prosperous future. Throughout this period, there have been a few promising windows of opportunity and regional economic prosperity, but for the most part, San Bernardino has realized only limited or temporary periods of economic success.
Despite these challenges, however, San Bernardino is now poised to change its trajectory. This plan will build upon the City's successes over the last few years: new leadership, solid governance, significant public and private investment, and a growing coalition of partners focused on economic prosperity and a renewed quality of life for all segments of the community. San Bernardino is ready to plan for the future in a way it has never done before and effectively implement its plan over the coming years.
Project Understanding, In addition to its history, a new planning context will shape this effort: changing demographics; countless new State mandates since the last general plan update in 2005, including but not limited to sustainability, global warming, air quality, housing, transportation and environmental justice; new economic, environmental and technological trends at the global, national and regional levels; a ward-based Council structure; and new environmental and public health threats.
To respond to these conditions, the City of San Bernardino is initiating this comprehensive effort to update its General Plan (last updated in 2005), complete its Development Code update (approximately 75% complete), develop a specific plan for Downtown with tailored direction and development standards, and certify CEOA clearance for these efforts.
Thorough technical analyses- including traffic, air quality, noise, environmental justice, market, economic and fiscal analyses, among others—will support these efforts and serve as a foundation for new goals, policies, standards and implementation measures.
As we develop strategies and solutions for this effort, we will examine them through the following filters:
• How do they facilitate new housing and economic opportunity? Are land uses and development standards, for example, crafted in such a way to respond to changing short term market conditions without compromising the vision? • What underlying conditions need to exist to promote new investment and make San Bernardino a destination choice for these opportunities? What strategies can be employed in the Downtown, for example, that improve actual and perceived safety to stimulate investment?
• Do they effectively and legally respond to new State mandates? • Are they sensitive to San Bernardino's unique local context, in terms of its diverse social and physical environments? While many goals, policies and standards will apply Citywide, tailored solutions will need to be crafted for the many diverse places that define San Bernardino. Places like Downtown, suburban and rural neighborhoods, SBIA environs, CSUSB, and Hospital Lane all demand context-sensitive solutions.
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• Are they fiscally, environmentally, and socially sustainable? Will short-term benefits come at the cost of long-term benefits for future generations of San Bernardino residents and businesses? • Do they make San Bernardino more resilient to future unanticipated environmental, social, and economic challenges? • Are they leveraging past and present assets, investments, and partnerships? • Are the tools used to convey them accessible by decision-makers, staff, the public, the business community, and other agencies to help them make more informed decisions? Will a web-based general plan, for example, provide greater access to users and allow them to extract and repurpose information for their own use? • Do they support a long-term implementation framework that works the way the City works and that uses progress toward long-term goals as an evaluation criterion?
PROJECT OBJECTIVES
The City has clearly articulated a lengthy list of objectives in the RFP. We will use all of them as a checklist for the effort. But rather than repeat them here, we have summarized them below into what we believe are the driving factors for the overall effort:
• Vision. Translate a new San Bernardino Vision that is voiced by the community and will serve as the foundation for the City's investment of human and capital investment by the City. • Planning Tools. Provide a system of planning tools that:
• Serve as effective and consistent guides to implement the positive, long-term vision of San Bernardino • Provide certainty for the development community and the public alike (e.g., what is allowed, what is prohibited, what is encouraged or discouraged, etc.); in turn, this will streamline the effort of those involved in implementing these tools • Are legally defensible
• Effectively address changing State mandates through the lens of San Bernardino's local context • Appropriately respond to local issues beyond those mandated by State law • Address all legs of sustainability (i.e., economic development, social equity and environmental protection) • Result in a more resilient San Bernardino to withstand environmental changes, economic downturns, and societal changes
• Housing. Create a General Plan, Downtown Specific Plan, and Development Code that expand creative housing opportunities in Downtown and other areas of the City that are context-sensitive, meet affordable housing goals and mandates, respond to changing market demands, capitalize on existing and planned infrastructure, and enhance the community.
• Economic Development. Employ economic strategies and incentives in the General Plan and Downtown Specific Plan based on sound market analysis and future trends (e.g., anticipated retail shifts, changing demographics, new methods of goods and service delivery, etc.) and understand what it will take to change current market trajectories if inconsistent with the vision. Market and economic analyses will examine opportunities for housing, retail, industrial, hospitality, and mixed use, among other types of development.
• Outreach and Engagement. Develop and implement a public outreach and engagement program that:
• Provides meaningful input opportunities for all segments of the community • Builds trust of local government and the consultant team • Informs stakeholders of the opportunities, challenges and tradeoffs that underlie the project, • Helps manage overall expectations of the community
• Creates partnerships with those who are committed to helping implement the Vision 4 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE • Technology and Innovation. Evaluate and utilize new technologies that provide better access to and leverage information created during the project. At a minimum, these would include a web-based General Plan, a system of web maps that exponentially increase the use of geospatial information, and online outreach tools that can last beyond project adoption
• Environmental Clearance. Develop an Environmental Impact Report that is legally defensible and allows for streamlined environmental review for future projects to the extent possible • Project Management. Ensure the project remains within budget and on schedule (36 months).
The remainder of our proposal lays out the steps to meet and exceed these objectives and demonstrates how the PlaceWorks team is uniquely qualified for this effort.
C. Methodology
PROJECT MANAGEMENT CONTROLS
PlaceWorks will serve as the primary consultant and point of contact, responsible for coordination with the City, all subconsultants, and local, regional, and state agencies. Woodie Tescher will be principal-in-charge and overall visionary leader, and Jonathan Nettler will be the day-to-day project manager. They will also be the points of contact for all communications with the City. For this effort, we recommend some key strategies and tools.
On-Site Presence. Managing this complex project requires coordination of consultant teams, conversations with City staff, dialog with other constituencies, and strategic alignment of interests. The seamless flow of information and product accountability requires direct, frequent, personal communication. Woodie and Jonathan will spend 1 to 2 days per week at City Hall or virtual meetings to meet informally with City staff and other stakeholders. PlaceWorks can also host meetings at our Ontario office, which is about 20 minutes from City Hall and shared with team member Fuscoe Engineering.
Web-Based Tools. PlaceWorks will use web-based tools to allow City staff and all members of the consultant team to access and participate in the daily review and management of staff and deliverables, ensuring quality control and adherence to schedule and budget. PlaceWorks will work with the City to determine the most appropriate tools that can be accessed 24-7 through a computer or mobile device.
Project Guidance and Coordination. PlaceWorks will prepare a project guidance document to build a shared understanding of the General Plan, Specific Plan, Comprehensive Code, and PEIR work programs and provide administrative and communication protocols; roles and responsibilities; and a living version of the scope, schedule, and budget. PlaceWorks will lead weekly coordination meetings and periodic milestone meetings, working with City staff to determine appropriate participants, purpose, and structure. We envision four recurring meeting types: project management, technical advisory, executive management, and external coordination.
Subconsultant Management. Most of the work effort will be conducted by PlaceWorks, but our team of subconsultants brings greater expertise on specific topics. PlaceWorks requires —at a minimum —quarterly status meetings with all subconsultant project managers and biweekly or monthly status meetings with subconsultants during periods of activity (City staff attendance optional). With this approach and web-based project management tools, PlaceWorks can more efficiently communicate; manage team members internally and externally; and identify tasks, responsibilities, deadlines, and materials.
CLIENT SATISFACTION APPROACH
PlaceWorks' core values of quality, responsiveness, respect, creativity, results, and integrity are inextricably tied to client satisfaction. We also have a passion for solving problems on behalf of our clients, and we believe the PROPOSAL FOR SERVICES | PLACEWORKS 5l
following approaches to the San Bernardino General Plan Update, Specific Plan, and Development Code will ensure that we exceed your expectations:
• Rigorous project management abilities, procedures, and tools described in the preceding section ensure that your budgetary and schedule goals are achieved. Our track record for leading highly complex, long-range projects like yours is unparalleled.
• Our commitment to provide high-level expertise wherever it is needed ensures solutions are creative, pragmatic, and the highest caliber. Not only will the project be overseen by Woodie Tescher, with decades of General Plan experience, you will also have principals that are leading in-house experts in the areas of climate adaptation and resiliency, housing, environmental justice, economics, and environmental analysis to name a few. • Immediate access and frequent participation from both our principal-in-charge and statewide managing principal of planning will ensure that we meet your needs and quickly facilitate any changes in direction.
PROJECT SCHEDULE
A chart showing our detailed project schedule is provided in the Appendix.
APPROACH TO THE WORK SCOPE
The approach to the updated General Plan (GP), Downtown Specific Plan (DSP), and Development Code (DC) can transform legislatively mandated documents into tools that will be instrumental in realizing the "new San Bernardino" that has been long-desired by its residents and community officials. PlaceWorks is thrilled at the prospect of collaborating with the City to move it forward into a new generation of livability, prosperity, and wellness for all. To meet these objectives, PlaceWorks proposes several imperative:
A Holistic Approach to Planning. To achieve aspirations for San Bernardino's future, the City's physical development cannot be separated from a viable economy; a healthy, safe, and equitable community; and a sustainable environment. PlaceWorks recognizes these important interdependencies and will develop a vision, policies, and realistic implementation actions that clearly articulate how they work together.
Focus on the City's Neighborhoods, Districts, and Opportunity Areas for Change. We will focus on the unique identity, character, and needs of San Bernardino's diverse neighborhoods and districts and develop policies to address them while distributing growth citywide. Our approach will be "place-based," and the degree of change will vary by area. Some will remain the same; others, such as the downtown and commercial corridors, can expect to change over time. Working with City staff and based on public input, PlaceWorks will identify, analyze, and develop a thorough understanding of the neighborhoods and places in San Bernardino and identify which are stable and which exhibit opportunity for change. For the former, the planning team will develop policies for maintenance and enhancement. For the latter, we will identify and evaluate options and recommend strategies for uses, densities, and urban form in consideration of community objectives and market demands.
An Accessible and User-Friendly General Plan and Downtown Specific Plan. PlaceWorks will prepare an updated GP and Downtown SP that provoke interest and are easily accessible and used by everyone. They will use online, interactive technology to document goals, policies, and implementation programs; performance management (tracking and communicating indicators); protocols for adjustments and updates; and links to other policy and regulatory documents and municipal budgeting processes. By leveraging GIS and dynamic web-based technologies, we can incorporate dynamic maps, infographics, and hyperlinks to create documents that are highly customizable and easy to navigate. E.g., users could click on a parcel on the Land Use Plan Map and retrieve information regarding permitted uses, development standards, and applicable policies. 6 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE A Plan Integrating Policies to Address Important Issues and Themes. A key objective for the GP update is to add policies that address legislative requirements, community needs, and best practices that have emerged since the current plan's adoption. Sometimes these are entirely new topics, such as environmental justice. They can be addressed through new elements or by integrating policies throughout existing elements. We recommend the latter approach when feasible to avoid redundancy and inconsistent content.
General Plan and Specific Plans with an Immediate Focus on Implementation. PlaceWorks proposes a robust implementation program for the GP update and DSP. Although the GP is a long-term document, implementation programs have shorter time spans due to new legislation, funding availability, market conditions, community needs and priorities, and political realities. We propose to prepare implementation programs that effectively inform decision-making and are adaptable as short-term actions are completed and new priorities arise.
We will collaborate with City staff to identify the most effective way to organize the implementation section, considering the differences between implementation tasks (one-off actions, such as updating infrastructure master plans), implementation programs (programs that are part of the City's day-to-day business and work toward general plan goals), and implementation objectives (measurable objectives with detailed action plans for long-term goals).
We propose a tracking and feedback system that will measure progress toward the General Plan's goals and realizing the vision. Tied into the City's annual budget process, this system is a means to connect short-term decisions with long-range planning. The City can use the information in decisions about priority actions and programs for investment. We will collaborate with City staff to identify five or more priority General Plan goals. For each of these, we will define measurable outcomes, contextual indicators, and a process for collecting and analyzing data and reporting performance. In the first-year implementation program, we will work with City staff to assist them with replicating this process for other goals.
A Downtown Specific Plan Prepared in Collaboration with the City's Selected Developer. The Carousel Mall will be part of the larger DSP area, and future development of the mall site will be a catalyst for new investment in the greater downtown area. It is important that the mix of uses, urban form, connectivity, and public realm improvements for the DSP and Carousel Mall be thoughtfully considered and integrated. This entails ongoing collaboration with the mall developer from conceptual design through plan preparation. Also, we understand that the Council would like the mall project to move forward as quickly as possible, so we have structured our scope and schedule to fast-track the overall project. Our team is ready to explore options with the City and selected developer to further fast-track the schedule.
A Modernized Development Code. A development code should be graphicly rich, flexible to allow innovative design, and firm in the areas important to the City. The administrative draft of the code is nearly complete.
PlaceWorks will thoroughly review the current draft code and recommend adjustments to match the General Plan and changes to reflect state law. We recommend that the revised draft code be reviewed with planners responsible for working with the public and contractors. These planners can provide valuable insight into issues that are most confusing to the public. The current draft has undoubtedly been reviewed before, and this review would be for edits needed to implement the GP and DSP. Development code updates are an iterative process and we expect some recommendations to be reviewed multiple times. Development codes also benefit from regular staff and stakeholder review, and our scope includes time for reviewing the code with stakeholders, answering questions in two workshop/hearings, and affirming that staff understands how the code is drafted.
An Active, Engaged, and Inclusive Program of Public Engagement. In coordination with the City, PlaceWorks will generate a three-phase outreach and engagement strategy to connect with the community: (1) educate and PROPOSAL FOR SERVICES | PLACEWORKS
inform, (2) gather and analyze input, and (3) approval and implementation. Individual outreach strategies will intorm, consult, collaborate with, or empower participants (IAP2 Spectrum of Participation) using communication techniques, formats, and messaging tailored to the audience. To jump-start the planning process, our program will educate the public about the roles and purposes of the plans; instill a sense of its importance and relevance to their lives; and generate interest, excitement, and active participation. Our objective will be to expand the participant base-from those who typically show up at City Council meetings to a broader representation of members and interests in the community. PlaceWorks will work with staff to gather community intelligence and with community- based organizations and other established stakeholder groups to develop the most effective and creative approach to encourage participation in the update process, especially by underrepresented groups and neighborhoods.
Our engagement process will strive to reach people the way they need and want to be reached and at multiple levels-online or in person, in small groups or large, on topics big or small. We recommend a multifaceted program of outreach and engagement activities that pairs more traditional forms of outreach-GPAC meetings, public workshops, open houses, and study sessions —with interactive online and "in your neighborhood" forums to solicit input and feedback from participants.
Shared Understanding of Plan Options and Recommendations. A variety of tools will enable San Bernardino's residents and decision-makers to clearly understand the implications and potential trade-offs of options under consideration and final recommendations. Plan options will be illustrated with maps depicting areas where existing development will be conserved and where new development is targeted, site plan concept sketches, 3D massing models and simulations, hand-drawn sketches, and/or photographs of comparable projects and public realm improvements. Unique among planning firms, PlaceWorks uses drone photography as the base for visual simulations to compare existing conditions and future scenarios.
The visual presentations will be coupled with a summary of the comparative impacts of plan options based on metrics of importance to the community-such as traffic, fiscal costs, and revenue-and legislative mandates, such as greenhouse gas emissions and air pollution. This will enable the community to give informed feedback for selecting a preferred plan.
A Self-Mitigating General Plan and Program EIR. The updated GP, DSP, and Program EIR will be prepared concurrently so that the environmental analysis can inform the content of the plans. To the extent possible, these will be "self-mitigating" by incorporating mitigation measures as policies and programs. Preparation of the plans and Program EIR will be a parallel process, with information in each document informing the other. Both plan and CEQA documents will be written to allow streamlined project-level CEQA review after the General Plan is adopted.
SCOPE OF SERVICES
The following presents an overview of our proposed work tasks and methodologies that we are confident will achieve these objectives.
TASK 1. PROJECT FOUNDATION, INITIATION, AND COORDINATION
1.1 Project Kick-off and Organization. This task will set the stage for preparing the updated GP, DSP, Development Code, and Program EIR and will include the following:
• A kick-off meeting and orientation tour with City staff. • Implementation of the project management and tracking system (described above). • Scheduling of bi-weekly coordination meetings with City staff. 8 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE • Scheduling of meetings with representatives of City departments at key project benchmarks to review work products, test ideas, and confirm plan recommendations.
• Conduct one-on-one meetings with City Council members to confirm objectives for the work program and provide input for issues and visions for the future.
1.2 Document Templates and Base Maps. PlaceWorks will develop a design template for digital files and hard-copy reproduction of working memoranda and studies and GIS mapping products to ensure a consistent image and quality for the project. We will prepare a base map of the city and its sphere of influence to be used for presenting data, analyses, plan alternatives, and selected plan components. We use ArcGIS Online, Esri ArcMap version 10.6.1, and ArcGIS Pro 2.0. We will work with the City to coordinate mapping systems and establish protocols for data.
1.3 Review Existing General Plan. PlaceWorks will conduct an audit of the existing general plan elements for their consistency with state legislation, usability and relevance, and best planning practices. We will identify best practices based on our knowledge and review of plans prepared throughout the state and the experience of our project manager as a member of the California Planning Roundtable. PlaceWorks will survey City staff to assess their experience with the existing plan—its understandability, ease of application, and feasibility.
TASK 2. EXISTING CONDITIONS STUDY
PlaceWorks will prepare a comprehensive description of San Bernardino's existing conditions and trends as: a) background information to inform development of the updated GP's and DSP's plans, goals, policies, and implementation programs; b) testing of alternative growth and development scenarios; and c) as input for the "existing conditions" sections of the Program EIR. For each category of data, we will summarize key issues, opportunities, and constraints that will guide the update of goals, policies, and actions.
Our intent is to present the baseline information in technical background reports supplemented by ESRI Story Maps or similar electronic, web-accessible platform and a summary report (Community Profile). The Story Map platform enables us to present existing City information and regional data in a geographic context accessible to the public and provides an efficient display of existing information and the resulting analysis.
2.1 Land Use. PlaceWorks will prepare a descriptive profile of existing and planned land uses in San Bernardino and its SOI. At a minimum, this will encompass:
• Mapping, description, and analysis of the mix of existing land uses using categories differentiated by use type, density (units per acre), and intensity (floor area ratio). • Quantification of the acreage and built development for each category. • Description and mapping of definable community "places" —e.g., Downtown, International Airport and Trade Center, University Area, rail station areas, and residential and mixed-use neighborhoods. • Maps depicting General Plan and zoning land use designations, quantification of acreage and potential buildout, and comparison with built development.
• Description and maps of pending and approved development projects. • Description and map of opportunity parcels for re-use and new development (see Task 5.1). • Implications of the current land use mix and urban form for climate change, sustainability, and healthy cities, considering development patterns, mix of uses, densities, and public transit.
2.2 Urban Design and Public Places. Place Works will analyze and document San Bernardins's urban form as defined by its physical envirenmental setting and form of development. For the latter, we will develop typological categeries based on the street netwerk and grid; bleck size and configuration; building footprints, relatienship to street frontages,
PROPOSAL FOR SERVICES PLACEWORKS
and height; parking location; and public realm (strectscapes, plazas, and parks). We will assess how these typologies influence place identity, cconomic prosperity, and the environment and climate change.
2.3 Housing. PlaceWorks will analyze and document background data for the housing element update (HEU) that complies with legislation enacted from 2017 to 2020 and technical guidance from the Department of Housing and Community Development. The contents will include:
• Community Profile. A detailed assessment of population characteristics, housing characteristics, economic and income characteristics, and special needs that affect the demand for housing in San Bernardino; an inventory and analysis of the City's inventory of affordable projects assisted with public funds and options and resources for preserving them.
• Housing Constraints. An inventory and analysis of potential constraints-governmental constraints (land use, development standards, local ordinances, etc.), market factors (fees, land availability, overall cost of development), and environmental considerations. We will also address potential fair housing issues in accordance with AB 686.
• Disadvantaged Unincorporated Community (DUCs). An analysis of DUCs is required by AB 244. We will use the work we completed as part of the countywide general plan update and the ongoing municipal service reviews to assess the housing and related infrastructure and service needs (fire, water, sewer, etc.) of DUCS in the City's sphere of influence.
• Inventory of Land for Housing. Identification and analysis of residential and mixed-use sites for new housing to meet the City's RHNA, and vacant and underused land based on criteria in HCD's soon-to-be released technical memorandum. This will include an analysis of alternative sites credits and compliance review items passed in the 2017-2020 legislative packages.
• Housing Program Evaluation. Evaluation of progress in implementing the 2013-2021 element based on the annual progress report, outreach for the GP update, and other recent housing planning efforts. This will reveal strengths and the gaps in addressing San Bernardino's housing needs, and the need to modify or add housing programs to address them.
2.4 Historic Resources. San Bernardino's historic buildings and sites will be documented based on information available from the City's Historic Resources Reconnaissance Survey and county, state, and national databases. The City's existing policies and programs for the identification and protection of historic and cultural resources will be described. The review and analysis for will use readily available resources. It is assumed that the project team will not conduct an independent survey or update the City's existing reconnaissance survey.
2.5 Mobility and Circulation. A scoping effort with City staff at the start of the project will define the final details of the existing conditions study (number and location of intersections); count time frames; details of vehicle, pedestrian, and bicycle volume data; operations analysis methodology; and method for analyzing the GP and DSP area land uses.
After the scoping process, count data will be compiled for the study area. It is assumed that the mobility analysis will incorporate data for vehicle, pedestrian, and bicycle volumes as well as transit ridership data. A multimodal approach must be undertaken to provide for a balanced transportation system and for Complete Streets planning where justified. The Specific Plan mobility analysis study area will include up to 20 intersections for this analysis. The General Plan area outside of the Specific Plan area will include up to 32 intersections. A roadway segment analysis will be included, and daily vehicle volumes will be the input to that analysis • Note on Traffic Data. If we are unable to collect new traffic data due to the continuation of COVID-19 quarantining requirements, alternative data sources will be used. This may include recent vehicle, pedestrian, and bicycle 10 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE counts collected for City project studies and CEQA documents, and historical counts available from data vendors and big data sources. Counts that are five years or more old will be applied to the analysis and factored to the existing conditions year based on an ambient growth rate confirmed in discussions with the City. With anonymous mobile device data available at a conglomerated level from specialized data vendors, historical mobility data can be provided for all major modes, and extrapolations can be made for drivers, pedestrians, and bicyclists. Big data sources will be researched, and the reliability of such data will be checked by comparing with available historical counts.
• Data Compilation. KOA will review the previous General Plan and other more recent City and private development traffic studies to compile historical data as needed for comparison purposes and base data.
Compilation of data will be conducted for congested locations and safety issues based on previous studies, including the SSARP effort.
• Data on pedestrian, bicycle, and vehicle collisions will be reviewed to assess safety issues. Mobility issues for existing conditions will include safety, congestion, and access across all modes. The existing conditions analysis will include vehicle volumes, vehicle delay and level of service, pedestrian and bicycle volume patterns, and transit ridership patterns. Overlays of vehicle volumes and operations, pedestrian and bicycle volumes, transit ridership, and collisions/safety data on figures to will illustrate a cumulative mobility activity analysis. • Collision heatmaps will be produced for vehicle collisions and collisions involving pedestrians and bicyclists.
Information will be incorporated from the San Bernardino Police Department. A vehicle-miles traveled (VMT) analysis is discussed in a later task and will be applied to the land use scenarios for future development projections.
• Future Trends. KOA will document regional trends in mobility and modes and document estimated needs for new and upcoming modes for the future. The transit network, hubs, and ridership patterns will be reviewed; ridership estimates for the future and long-range transit plans will be input to an analysis of where transit service can be embellished in the future.
2.6 Infrastructure. Fuscoe will obtain from the City existing master plans (sewer, water, storm drain) and any other regional infrastructure studies within the past five years covering the entire city. It will also obtain current Capital Improvement budgets for infrastructure improvements, as provided by the City, and compare with areas subject to potential land uses changes. Infrastructure master plans and Capital Improvement Plans related to wet infrastructure will be reviewed and existing deficiencies identified, with a focus on opportunity areas.
2.7 Police and Fire. PlaceWorks will consult with the City's Police Department and San Bernardino County Fire District to identify current facilities, personnel levels, response times, improvement plans, rates of criminal activity and fire incidence, and perceived issues affecting their operations and services. Programs to educate and engage the community will be described.
2.8 Parks and Recreation. PlaceWorks will prepare a descriptive profile of existing and planned parks, recreational facilities, trails, and recreational programs based on information from the City. Park locations will be depicted on a base map, analyzed for their accessibility to residential neighborhoods—in particular to low income and disadvantaged communities. The sufficiency of existing facilities and programs to meet resident needs will be discussed with City staff, including their perceptions of resident demands for specific facilities and programs.
2.9 Education. Schools serving San Bernardino's residents will be identified based on information available from the San Bernardino Unified School District. Both youth and adult education facilities and programs, facility capacities, and enrollment will be described. Educational programs offered by Cal State San Bernardino, San Bernardino Valley College, and other higher education institutions serving the City will be described.
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2.10 Local Economy. PlaceWorks will analyze the structure of the local economy, its role and potential in the regional economy, its prospects for growth and development, and larger socioeconomic trends. The analysis will focus on the skills and qualifications of the local labor force, employment opportunities in San Bernardino, and challenges facing local businesses in attracting and retaining a skilled workforce. This analysis will assess the role of and potential opportunities for key economic assets such as: San Bernardino International Airport; Cal State San Bernardino, San Bernardino Valley College, and other educational assets; the 10, 215, and 210 freeways, the BNSF Intermodal Yard, and other goods movement infrastructure; the National Orange Show Event Center and other hospitality facilities; and Metrolink and Downtown San Bernardino. Finally, the analysis will identify current and potential economic development partners, such as the Inland Empire Small Business Development Center and the San Bernardino County Workforce Development Board
2.11 Market Demand. PlaceWorks will analyze current and future market conditions, such as sales values trends, lease and vacancy rates, development trends, retail leakage, and market sentiment. The market analysis will quantify short-, mid-, and long-term demand for residential, retail, office, lodging, and industrial and logistics. It will assess the economic and market demand impacts of the COVID-19 pandemic based on what is reasonably anticipated at the time the analysis is prepared. In addition to a citywide assessment, the market analysis will focus on the opportunities and constraints for up to six subareas plus an in-depth analysis to support the DSP.
PlaceWorks will base this analysis on a variety of public data sources, City-provided data, and some proprietary data.
We will engage with City staff and relevant public agencies and conduct up to 12 interviews with businesses, developers, property owners, and other stakeholders. We will collaborate early on with City staff to identify appropriate interviewees, define subareas for analysis, and refine the content of the analyses. The economic and market analysis will summarize the key issues to be considered in the General Plan update and provide concrete recommendations for land use planning, goals and policies, and implementation for both the GP update and the DSP.
2.12Population and Demographics. PlaceWorks will analyze the socioeconomic characteristics of the City's residents and will address a range of trends, such as population, age, education, language, number of households, household type, household size, income, employment, and commuting. This analysis will provide a comparative context with data from comparable cities and the region, and the context of larger societal trends. While generally focusing on citywide characteristics, we will provide data for selected subareas and analyze the socioeconomic opportunity and constraints for the Downtown Specific Plan.
2.13 Equity, Environmental Justice, and Health. PlaceWorks will analyze existing health conditions and environmental justice (EJ) issues consistent with the requirements of SB 1000. This will include analysis of the built environment and social indicators that impact health, EJ, and social equity. Reports and datasets to be reviewed will include CDC 500 cities project, Healthy San Bernardino City studies, CalEnviroScreen and equity data, City GIS datasets, County public health data, etc. Our analysis will conform to the latest OPR regulations and SB 1000 implementation toolkit.
We will conduct up to 10 informal interviews with knowledgeable stakeholders to identify and clarify local health and EJ issues. This will include interviews with state and county government departments, local health care and service providers, City representatives, and community-based organizations. Analyses will present:
• Overview of City of San Bernardino's basic health conditions, providing the context for the relationship of current health conditions, environmental justice, and social equity. • Assessment of health and environmental issues, including the results from CalEnviroScreen and other sources for different areas of San Bernardino and identification and mapping of disadvantaged communities. • Identification of policy issues and opportunities to improve health, EJ, and social equity in San Bernardino. 12 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE
2.14 Biological Resources. ECORP will review and update as necessary existing information regarding the City's natural communities. This will include a desktop analysis using data collected from available planning and environmental documents, updated spatial data from resources such as the California Natural Diversity Database and California Native Plant Society Electronic Inventory, Federal Register documents regarding policies that protect biological resources, and references regarding the status of federal- and state-listed species.
2.15 Cultural Resources. ECORP will assist the City in consulting with California Native American tribes under Senate Bill 18 (SB 18), which requires local agencies, including cities and counties, to contact and consult with California Native American tribes prior to amending or adopting a general plan or specific plan or designating land as open space.
ECORP will draft all required notification letters, coordinate tribal meetings, maintain the SB 18 administrative record, and provide technical support to the agency in responding to or acting upon comments from tribes.
2.16 Hydrology and Water Quality. Information will be reviewed and updated as necessary for lakes and lakeshores; streams and creeks; floodplains; stormwater retention and debris basins; and water supply, reclamation, and conservation.
2.17 Air Quality. PlaceWorks will prepare an air quality and greenhouse gas (GHG) emissions analysis for the General Plan Update and EIR. The analysis will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects in the South Coast Air Basin (SoCAB). PlaceWorks will prepare a communitywide criteria air pollutant and GHG emissions inventory and forecast for the General Plan Update. The results of the technical modeling will be compiled into the EIR. Model outputs will be included as an appendix.
2.18 Climate and Climate Change. The PlaceWorks team will assess San Bernardino's GHG emissions for current and future years. SCTA/SBCOG is working to make the 2014 Regional GHG Reduction Plan consistent with SB 32, and it will include current year GHG inventories and forecasts to 2030. The PlaceWorks team will review the updated plan to assess the change in San Bernardino's emissions since 2008 and its progress toward regional targets. We will also assess the plan's and inventories' consistency with current protocols, guidance, and best practices. We anticipate adding emissions from rail activity, changes in land uses, and carbon sequestration. If not already updated, PlaceWorks will update the global warming potentials in the 2008 inventory. For cost savings and efficiencies, we will update existing inventories and forecasts from SBCTA/SANBAG for the Existing Conditions Report. As a supplement to the 2030 and 2050 forecasts, we will quantify GHG reduction benefits from existing and planned state, regional, and local efforts to identify how much reduction can be "credited" to San Bernardino and how much remains to be achieved.
2.19 Noise. PlaceWorks will analyze existing noise levels for stationary and mobile sources, including major arterials and highways, the Amtrak/Metrolink corridors, and San Bernardino International Airport. Noise levels for roadways will be projected by modeling traffic volumes along these routes. COVID-19 permitting, this will be supplemented by an ambient noise measurement survey at up to 14 short-term (15-min.) locations and 6 long-term (48-hr.) locations.
Noise contours for the Airport will be documented based on information available from the Airport Authority.
2.20 Hazards and Climate Change Vulnerability | Geologic and Seismic Hazards, Flooding, Fire and Wind, Public Safety, Geology, and Climate Change Effects. The PlaceWorks team will prepare an assessment of hazardous conditions and other public safety considerations, using Resilient IE Climate Adaptation and Resiliency Toolkit (prepared for WRCOG and SBCTA by PlaceWorks) to prepare a climate change vulnerability assessment. We will use the information in the toolkit, the City's local hazard mitigation plan (2016), emergency operations plan, flood shelter plan, mass care and shelter plan, and other resources to summarize public safety issues. This assessment will ensure that the General Plan Safety Element complies with all relevant State requirements, including Senate Bill 379. Using information from regional toolkits will better position the City to work collaboratively across the region.
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2.21 Existing Conditions Report. On completion of the preceding tasks, PlaceWorks will compile the data and analyses into an Existing Conditions Report and submit it to City staff for review. We assume that City staff will coordinate internally, consolidate all comments into a single document, and transmit to the consulting team for revisions and preparation of a final Existing Conditions Report (printed and digital on-line/Esri Story Map versions).
2.22 Community Snapshot. Using maps, photos, illustrations, text, and infographics, we will prepare a "community snapshot" summarizing key data and findings in a creative, informative, and easily accessible product. It will be designed as a highly graphic brochure or large-format poster and formatted for posting on the GP website. It is intended to provide a framework for understanding the City, its attributes, and relevant issues in planning its future.
TASK 3. PUBLIC OUTREACH STRATEGY
A constructive dialogue with the community is especially important for both the General Plan update and Specific Plan process. At the forefront of this work program is community-driven planning and a human services-centered approach. PlaceWorks has teamed with National Community Renaissance (National CORE) to jointly conduct the community engagement effort, due to their trusted relationships within the community and our joint experience with the City. We will leverage National CORE's partnerships with SCUSD (ELAC, Family Engagement Centers, and Promotoras), neighborhood associations, resident networks in the faith community (Inland Congregations United for Change), small business providers, public safety representatives (Coffee with a Cop), and health practitioners (Dignity Health and the Accelerating Investments for Healthy Communities Initiative). We can also leverage any community connections that the City has generated in its recent Census efforts. Our outreach approach assumes a mix of in- person and virtual engagement options, which may need to be adjusted depending on the City's ability to host in- person events over the duration of the update due to COVID-19. Translation of materials will be conducted either by Place Works staff or, depending on the extent needed, will be conducted by others and billed as a reimbursable.
3.1 Public Engagement Plan. Prepare a Public Engagement Plan that provides detailed guidance for conducting community outreach programs and strategies to achieve successful results. The Public Engagement Plan includes:
objectives for public involvement; guiding principles to conduct the outreach process; an assessment of potential project issues and stakeholders; messaging (purpose, timing, and approach); the role, charge, and anticipated meeting topics for the General Plan Advisory Committee; communication techniques and established city protocols for website postings; and email blasts, tweets, etc.
3.2 Citywide Workshops. Community workshops will be conducted in each ward to make opportunities for the community to contribute, to serve as sounding boards for ideas, and to ensure the transparency of the planning process. It is important to provide incentives (e.g., raffles), food, and childcare as well as Spanish translation when needed. Community workshops in each ward are envisioned at four stages of the process: developing the Vision Statement; Alternative Land Use Plans, Element Goals and Policies and publication and release of the draft Plan and PEIR (up to 12 total citywide workshops are assumed).
3.3 Focus Area Workshops. PlaceWorks will collaborate with National CORE and the City to set up, promote and facilitate up to three Focus Area workshops for locations in the City that need further discussion with the community before arriving at a land use recommendation. We anticipate needing at least three additional workshops solely focused on the Specific Plan. These would be held during the visioning phase, preparation of concept alternatives, and selection of the Preferred Plan. This task budgets for a total of six Focus Area workshops.
3.4 Pop-Up Events. Pop-ups are a fun, quick, and sometimes spontaneous way to interact with the public, usually in an environment where people naturally gather and are most comfortable. We recommend pop-up events at popular local destinations-commercial centers, parks, schools, and colleges or during annual City events. PlaceWorks will conduct up to three Pop Up sessions (times to be determined in the Public Engagement Plan). 14 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE
3.5 Stakeholder Interviews or Roundtables. Stakeholder interviews are one of the best ways for the team to quickly assess perspectives on project issues, opportunities, and challenges as well to solicit input on the best ways to reach various members of the community, stakeholder organizations, and the city at large. Stakeholders could include local business owners, developers, students, educators, faith-based organizations, nonprofits, and government leaders.
PlaceWorks and National CORE will consult with City staff to develop a list of stakeholders to interview, coordinate meeting schedules, facilitate interviews, and create a summary identifying major themes from the discussions. For cost efficiency, the meetings are assumed to occur in one-hour blocks over the course of two days (including evenings as needed). Alternatively, to increase the number of participants interviewed, the City could host Stakeholder Roundtables for groups of stakeholders with similar areas of interest.
3.6 General Plan Advisory Committee. GPAC members serve as ambassadors-educating, promoting, and gathering support among their networks for the General Plan update. The GPAC will help promote outreach events, interpret community comments, review products, and provide directions at key milestones. Place Works will prepare for and jointly facilitate up to fourteen GPAC meetings with City staff. We will also work with City staff to define the GPAC'S charge, the processes and protocols for committee meetings, and meeting objectives and agendas. It is assumed that City staff will arrange meeting venues and record committee comments. Meeting attendance (in addition to that stated above) will be billed extra to contract on a time-and-materials basis.
3.7 Project Branding and Collateral Materials. To be effective and encourage participation In today's media-sawy environment, collateral materials must be compelling, interesting, and understandable (translation of technical planning information into language that is relatable for the everyday reader). In this task, PlaceWorks will develop a project brand (logo and tagline) and prepare content and design materials for print and digital distribution (such as the City's Newsletter). Print and electronic materials may include fact sheets, FAQs, brochures, posters, blog posts, and flyers, which will be translated into Spanish (if other languages are required, the City shall provide translation). A more specific list of materials (commensurate with the budget allocated) will be identified during the preparation of the Public Engagement Plan.
3.8 Project Website. PlaceWorks will create and manage website content for the General Plan Update that provides an overview of the process, meeting dates, documents and materials, planning resources, and project updates. This task assumes approximately four hours per month in labor for monthly updates and management of a standalone website (in addition to the initial creation of the website platform) and assumes the City will secure the domain name.
Alternatively, the City could add a new page to the existing Community and Economic Development Navigation pane and our team can provide content for the City to post (text, downloads, interactive mapping, etc.).
3.9 Social Media, Online Surveys and Outreach Coordination. Prepare a diverse digital marketing and social media strategy that includes drafting content for Facebook, Twitter, Instagram, NextDoor, content for the City's newsletter, discussion boards, and other social media tools such as the City's Go Request app, partnering with the School District to get the word out through their robocall or text notifications system, and email blasts to encourage community participation at project events. PlaceWorks will work closely with National CORE to regularly create content and strategies to keep the community engaged and will keep a pulse on the online discussions related to the update to assess what people are talking about. We will identify topics for posting, identify groups to reach out to and the best ways to do so, facilitate review of social media postings, and provide post engagement evaluation of success of the engagement event and utility of each digital and social media campaign and adjust, where needed. This task assumes that PlaceWorks will create, administer, and summarize up to three surveys over the duration of the project.
TASK 4. VISION STATEMENT
The update of goals and policies will be guided by an overarching vision for San Bernardino-"who we are and what we want to be." A vision is idealistic, appropriate, inspirational, purposeful, and ambitious. It may address general PROPOSAL FOR SERVICES | PLACEWORKS 15
topics such as use, form and character, places, economy and prosperity, environment, livability, health, and equity.
Though a vision covers the entire city, it can also provide specific direction for important districts such as the Downtown, corridors and districts, neighborhoods, and vacant lands.
Place Works will develop a draft Vision Statement in consultation with City staff based on input received through public engagement activities described in the preceding task. It will be reviewed with the GPAC and presented to the Planning Commission and City Council for feedback. A final version will incorporate revisions based on input. Draft and final versions will be robustly illustrated with photographs and other imagery in a variety of formats to optimize distribution and viewership, including printed copies and posting on the project website and social media platforms.
TASK 5. LAND USE PLAN UPDATE
In this task series, the Place Works team will develop the updated land use plan diagram and standards that will guide future growth and development citywide and in focused opportunity areas.
5.1 Confirm Areas of Conservation and Change. Our first task will be development of a cityside growth strategy. We will identify and map areas that will be conserved and area where new development will be targeted based on research for the Existing Conditions Report and input from City staff and the public. In conservation areas, existing uses will be retained and improved through renovation or replacement of existing buildings as they age, and/or accessory dwelling units may be developed in accordance with state statutes. "Focused areas" will be properties where new development may be targeted in the future and that represent opportunities to catalyze significant economic transformations, such as the downtown, airport, transit, university, and office park areas.
5.2 Develop Focused Area Land Use Concepts. The PlaceWorks team will develop a maximum of three land use alternatives for each focused area of change to reflect needs and opportunities identified through the background research, market analyses, and public engagement. We anticipate the concepts will depict various approaches for land use distribution, density/intensity, and urban form. Plan scenarios may range from continuing and enhancing prevailing patterns of development to transforming to higher intensities and mixed-use development. For these, we will prepare maps depicting the distribution of uses, illustrative sketch plans, and diagrams depicting intentions for urban form, including street network; blocks; public realm character; and building siting, scale, massing, and use. As an option, PlaceWorks will create dynamic and interactive 3-D parametric models using ArcIS Urban and share interactive web scenes through ArcGIS Online and Hub. These will be accompanied by photographs of comparable development prototypes so that residents, developers, and decision-makers clearly understand the anticipated scale, quality, and character of development. For each scenario, the amount of potential development that would be accommodated will be calculated.
5.3 Evaluate Comparative Impacts of Plan Alternatives. The PlaceWorks team will analyze the comparative impacts of the plan alternatives so that City staff, the public, and decision-makers understand their implications and potential trade-offs. PlaceWorks will document these analyses citywide and for the Focused areas. Existing conditions, the current land use plan, and land use alternatives will be compared using Esri-based modeling tools. We will identify the metrics to be evaluated based on input received in public meetings, will be confirmed with the City, and may include:
• Financial feasibility pro forma analysis for up to two development prototypes for each concept plan. • Fiscal analysis based on a model quantifying the revenues and expenditures of each new housing unit (by type); square footage of retail, office, and industrial buildings; and new lodging room. • Demands for parks, schools, libraries, and police and fire services based on standards established for each and compare these with their existing and planned capacities.
• Citywide changes in trip generation, distribution, and modal split, including transit and bicycling, by traffic analysis zone citywide.
16 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE • Evaluation of the ability of existing and master planned drainage, sewer, and water systems to accommodate growth and estimate of costs for improvements.
5.4 Land Use Alternatives Report. The PlaceWorks team will prepare a report describing the land use alternatives and evaluations of their comparative impacts. It will be organized and designed to promote public interest and excitement about the city's future possibilities. It will describe the themes that underlie the plans, concepts for citywide growth and land use distribution, and options for targeted opportunity sites. Plan maps and graphics illustrating each alternative will be incorporated, including images of planning and design concepts prioritized as models for the future of the city and site development concept sketches. Findings of the comparative impact analyses will be described, with supporting infographics.
5.5 Review Land Use Alternatives and Select Preferred Plan. Alternative land use concept plans and analyses of their comparative impacts will be reviewed with the GPAC, at public workshops, and with the Planning Commission and City Council. Based on the feedback, we will develop a "preferred plan," which may be one of the alternatives or a hybrid of preferred elements from multiple alternatives. For this plan we will prepare descriptive text, GIS maps, and supporting diagrams, photographs, visualizations, and other illustrations and calculate its development capacity.
TASK 6. GENERAL PLAN ELEMENT UPDATE
In this task, the PlaceWorks team will update the goals, policies, and implementation programs of the General Plan to reflect current legislative requirements, conditions and issues, trends, best practices, and values and priorities of the community expressed through the public engagement program.
6.1 General Plan Format. The PlaceWorks team will develop a template and style guide for the organization, content, and layout of the updated General Plan. Examples from other communities will be reviewed with staff for feedback, and final formats will be selected, and a template developed for preparing plan documents.
We will review with the City innovative, interactive, and extremely user-friendly web-based formats (refer to Task 7) as an alternative to a printed document. PlaceWorks is on the cutting edge of developing web-based plans through our unique partnership with Esri and use of the Esri Story Map application. The Story Map platform is highly suited for land use planning documents because it can combine dynamic and interactive maps with narrative and/or regulatory text, diagrams, images, and a full range of multimedia content. The digital platform would allow the City to regularly and seamlessly update the plan following adoption and into implementation.
6.2 Administrative Draft General Plan Goals and Policies. Goals and policies will be prepared for each General Plan element/topic based on the issues, Vision and Guiding Principles, and growth and land use plan developed in preceding work tasks. We will start by reviewing the existing plan's goals and policies and identify those that continue to be applicable or can be modified for clarity, implementation, legal adequacy, and state-of-the-art practices. These will be supplemented as necessary to ensure that issues and visions defined during the planning process are fully addressed, as are recent legislative requirements.
The following describes the scope of policy updates generally based on the organization of the current General Plan.
These may be reorganized according to common topics and themes.
6.2.1 Land Use and Urban Form. PlaceWorks will develop a Land Use chapter to reflect the Land Use Plan selected in Task 5.5. In updating existing goals and policies, we will link policies for physical development with objectives for economic development, climate change and resilience, healthy communities, environmental justice/equity, and safety. We propose to organize land use content into four subsections.
Land Use Diagrams. Two plan maps will be prepared. The first will depict the distribution of land uses by land use designation, and the second will illustrate the growth strategy, identifying areas where existing uses and densities/ PROPOSAL FOR SERVICES | PLACEWORKS 17
intensities will be retained and those where growth will be accommodated. PlaceWorks will review existing Land Use Plan categories with the City and consider the alternative of "place-based" designations that integrate traditional definitions of use and density/intensity with provisions for the form and character of development. The latter would address such characteristics as building locations, relationships to street frontages and buildings on adjoining properties, mass and modulation, heights, street-fronting design, connectivity to parking, etc. The amount of acreage in each category and maximum buildout will be quantified.
Goals and Policies Applicable Citywide to All Uses and Locations. These may address such topics as growth and development capacity; land use mix; jobs-housing balance; land use and economic development relationships; citywide urban form (downtown neighborhoods, centers, and corridors); and distribution and form of development correlated with objectives for sustainability/climate change, community health, and environmental justice/ equity.
Goals and Policies Applicable to Land Use/Urban Form Designations. These will address unique issues and objectives related to each category of use and urban form. For example, in residential neighborhoods we may address accessory dwelling units, ancillary supporting uses such as small convenience and grocery stores, day-care facilities, and/or shelters.
Goals and Policies Applicable to Specific Subareas, Corridors, and Districts. These provide additional guidance for the intent, uses, and character of specific targeted areas of the city, such as the Downtown, transit corridor and stations, and revitalized commercial centers.
6.2.2 Community Design. The form and design of San Bernardine's built districts and their contribution to the identification of "place" will be addressed, as described in Task 6.2.1. In this element, Place Werks will update pelicies addressing the design and character of its public realm (streets, entries, pedestrian active streetscapes; etc.), and the overall design and character of its neighborhoeds, districts, and corridors.
6.2.3 Housing. Using the housing technical report from Task 2.4, PlaceWorks will update the 2021-2029 Housing Element (HEU). We will update goals, policies, programs, and quantified objectives (pursuant to Gov't. Code §§ 65583 et seq. and recent changes to state law) to address identified housing needs and constraints based on the effectiveness and continued appropriateness of existing programs, information received through public outreach, analysis of constraints, and findings from the needs assessment. Programs will describe specific steps for implementation and will identify a time frame and responsible department.
HCD Review. We will submit the draft HEU to the Planning Commission and City Council for review and comment.
Following incorporation of comments, we will submit the draft HEU to HCD for review. PlaceWorks will be the City's representative and liaison to HCD during this review. Typically, two iterations of documentation and HCD review are needed to obtain a letter of compliance. With the HCD review timelines, required public hearings, and current HEU adoption deadline (October 15, 2021), the HEU should be submitted to HCD for its first review by mid-January 2021.
If this timeline is not feasible, state law allows a 120-day grace period.
Final Housing Element. Following the public hearings before the Planning Commission and City Council, two HCD reviews cycles, and other input from stakeholders, we will revise and provide a final 20212029 HEU. This will contain the housing plan (goals, policies, and programs) with an appendix of the housing technical report.
6.2.4 Economic Development. With our in-house economic expertise, PlaceWorks will weave economic development as a strategy throughout all pertinent elements of the updated GP. With our proposed database approach, users can access all goals and policies relevant to economic development. Also, the implementation program can be easily updated as economic and market conditions change and the City achieves short-term objectives. Thus, the Economic Development Element will focus on the long-term policy framework that supports 18 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE the City's economic development program. We will collaborate with City staff to identify the specific topics and content. However, we envision this element addressing: business retention, attraction, and startups; fiscal vitality; training and education; communications and marketing; tourism; development and redevelopment; and economic development culture.
6.2.5 Circulation. KOA will review the previous General Plan circulation policies and implementation. Goals, policies, and recommended programs that support land use plan and identified mobility needs will be developed based on the analysis in previous tasks. The land use plan scenarios will be reviewed for mobility and transit networks.
Improvements could include potential new transit center locations, new or embellished major transit corridors, or potential areas of micro transit investment to provide new links to major corridors. Curb management policies will be developed for denser urban areas. Policies will also be developed to support automated vehicles at parking facilities and on City roadways.
Other goals and policies to be addressed are traffic calming for neighborhoods near major travel corridors, wayfinding signage, maintenance and evaluation of truck traffic, technology and traffic signal network improvements to increase capacity without widening roadways, multimodal standards, and methods to promote active transportation.
6.2.6 Utilities/Infrastructure. Fuscoe will coordinate with the Public Works staff to determine necessary infrastructure improvements to support future land uses. Sustainable solutions for proposed areas of adaptive reuse of vacant and underutilized commercial space will be identified, including a mixed-use development program with multibenefit water quality and quantity features. This will include water quality features to ensure that parks, public areas, and landscaping are clean and free of trash/other debris.
Fuscoe will assist in identifying sustainable goals and policies that contribute to the City's goal of increasing stormwater retention and infiltration for future groundwater use. It will also work to identify how infrastructure can assist with optimizing public right-of-way and stormwater landscaping for aesthetic and environmental benefits.
Fuscoe will provide insights on how artificial intelligence and computer visioning can assist with mandatory citywide stormwater and public works inspections for efficiencies and improved data collection.
6.2.7 Public Services and Facilities. PlaceWorks will update goals and policies for public services and facilities, including police and fire protection and emergency services, schools, community centers, libraries, cultural facilities, etc. Meetings with representatives of the police department, county fire district, local school districts, and higher education institutions will review the updated Land Use Plan's capacity for growth, discuss issues, confirm desired performance levels, and strategize additional policy directions to ensure continued provision of services at or exceeding these levels
6.2.8 Parks, Recreation, and Trails. Policies and programs in the existing element will be reviewed and updated to reflect analyses of existing conditions and needs, best practices, and potential funding sources. As appropriate, strategies will be defined for expanding existing or developing new parklands and recreational facilities in areas with an inequitable distribution. Standards for the amount of parkland supporting residents will be confirmed and augmented as appropriate to account for new development typologies that may be accommodated, such as mixed- use projects.
6.2.9 Energy and Water Conservation. PlaceWorks will update existing goals and policies addressing water and energy conservation in consideration of new legislation, standards, and best practices for land development, building design, and infrastructure. For new development, these will be based on the California Green Building Standards Code, California Energy Code, and California Water Code. We will also consult with City staff to assess the appropriateness of endorsing more aggressive site development and building design policies and standards PROPOSAL FOR SERVICES | PLACEWORKS 19
specified by such codes and rating systems as the Living Building Challenge, Leadership in Energy and Environmental Design (LEED), Well Building Standard, and Passive House Institute.
6.2.10 Historic and Archaeological Resources. PlaceWorks will review the City's current policies and goals for historic and archeological resources. We will develop creative policy solutions to protect, preserve, restore, and enhance areas, sites, and structures possessing architectural, historical, archaeological, and/or cultural significance, and to reaffirm their continuing value as resources contributing to the vitality and diversity of San Bernardino.
6.2.11 Noise. PlaceWorks will update the technical components of the noise element, including revised future noise contour maps, based on the updated land use plan and its traffic modeling. These technical studies will be used to assess land use compatibility and application of mitigation standards, such as insulation. They also will serve as a basis to review existing policies and update as needed to appropriately mitigate excessive noise impacts in the City.
6.2.12 Safety. The PlaceWorks team update the Safety Element to comply with all State laws. We will update background information; hazard-specific information and details, including applicable mapping; and goals, policies, and strategies. The element will incorporate the Climate Change Vulnerability Assessment and other relevant analyses. We expect it will address hazards such as drought, extreme weather, flooding and wildfires, seismic and geologic hazards, hazardous materials, crime and public safety, etc. Policies will meet requirements of the California Government Code. We emphasize a "no regrets" approach that builds short- and long-term community resiliency and provides cobenefits such as financial savings, conservation of natural resources, and improvements to public health. We will streamline the element by creating policies that address multiple issues of concern and provide multiple benefits. The Safety Element will be a framework to support integration of the 2016 Local Hazard Mitigation Plan Update.
6.2.13 Climate and Adaptation. Although climate adaptation and resiliency goals and policies have an obvious home in the Safety Element, achievement of these goals requires a cross-sector approach. We thus anticipate that GHG reduction goals and policies will be integrated into several other elements. As part of the Existing Conditions Report in Task 2, we will identify key GHG emissions sources and climate change vulnerabilities, and through staff and public engagement, we will identify goals and strategies to reduce GHGs and increase resilience. We anticipate equitable goals and policies to reduce waste and to encourage energy and water conservation and efficiency, green infrastructure, and active transportation.
6.2.14 Environmental Justice and Health. The EJ and Health Element will address state law and topics of concern to the community. Among the topics to be addressed will be:
• Pollution exposure. Includes policies to prevent exposure to air pollution/toxic pollutants and protect sensitive populations. • Public facilities. Provision of infrastructure, parks, community facilities, and health care facilities and equitable access to all. • Food access. Policies to promote healthy food access through grocery stores, local agriculture, community gardens, and other programs.
•Safe and sanitary homes. Policies to ensure healthy and safe housing that contributes to healthful living conditions for residents.
• Promote physical activity. Policies to promote physical activity, access, and equitable distribution of parks, bikeways, trails, and recreational facilities.
• Ensure civil engagement in developing and implementing of policies and programs to address environmental justice.
6.3 Implementation Programs. As described in the Approach, PlaceWorks will develop a robust program of actions implementing General Plan policies, plans, and development standards. For each, we will describe the action, identify responsible individuals/agencies, and prescribe the timeline for implementation. During this process, PlaceWorks will 20 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE facilitate meetings with City staff and the City Council to prioritize outcomes for implementation. Based on these, we will identify five to ten implementation actions that will be most effective in achieving these results.
We recommend that the implementation programs be prepared as a separate document that can be used as a tool to track progress and modified for changing legislation, funding resources, economic and market conditions, emergent new practices, and changing community needs and priorities.
TASK 7. DRAFT UPDATED COMPREHENSIVE PLAN DOCUMENTATION
PlaceWorks' team will prepare the public hearing draft updated GP in light of public comments and input from City departments on the administrative draft in Task 6. The revised draft will incorporate an introduction describing the statutory authority, purposes, and applications of the plan; the vision statement; and goals and policies. The Implementation Program and technical appendices will be formatted as companion documents. Three iterations of the document will be produced: an initial draft for staff review and comment, a second draft incorporating revisions in response to comments received, and a final version for publication and posting on the project website.
We will review with the City innovative, interactive, and user-friendly web-based plan formats. PlaceWorks is on the cutting edge for web-based plans, and we can use various platforms to suit our clients' and their users' requirements.
In a collaborative, iterative process, we will use analogues, use-case scenarios, wireframes, focus groups, and technical advisory committees to better define your requirements. Understanding what needs to be accessed quickly and the search functionalities required by staff, decision-makers, and the public, will result in design solutions that lead to greater use of the GP, DSP, and Development Code. We can also integrate tested tools for tracking the progress of the long-term goals to better inform shorter-term decision-making, like implementation and annual budgeting and future revisions to the plans and code. This feedback loop transforms the General Plan and related components into a "living" tool or system for continuous improvement.
We have the experience in multiple platforms to respond to your unique needs—e.g., a database approach that allows you to search, retrieve, and repurpose extensive plan documents and related content; a largely geospatial/map-driven tool like Esri's StoryMap; or a highly graphical web-based tool that mimics a parallel hard copy document. Also, our in- house graphic design experience ensures that the General Plan, Downtown Specific Plan, and Development Code are unified in style and function but individually distinct.
Until we begin the design process, we cannot determine which approach ultimately is the best fit for San Bernardino. For purposes of this scope of work and budget, however, we assume that we will proceed with a StoryMap approach. Using an alternative platform for the General Plan and related content could require a rescope and budget augmentation or reallocation. The budget for this task includes both the design and implementation of the StoryMap version of the Plan and related content.
TASK 8. DOWNTOWN SPECIFIC PLAN
Preparation of the DSP will be conducted in parallel with the GP. We have combined certain GP and DSP tasks for efficiency and to streamline the overall schedule. The DSP is intended to provide the foundation for desired development building and leverage planned improvements at the Carousel Mall site.
8.1 Framework for Planning. The framework for the DSP process will be set at a series of meetings with City staff. The meetings will define the DSP boundaries, identify the City's objectives for the document, and establish the working relationship between the City, the selected developer for the mall, and the consultant team. Redevelopment of the Carousel Mall site will be a catalyst for new investment in the greater downtown area. Therefore, the boundaries of the DSP area may extend to adjacent areas where change is expected and desired, such as around the Downtown PROPOSAL FOR SERVICES | PLACEWORKS 21
Transit Station and north of the mall site along 5th Street. The initial meetings will also include a deeper dive into planned or proposed projects in the Downtown, including capital improvement projects.
8.2 Supplemental Existing Conditions and Urban Design Analysis. The Existing Conditions Analysis in Task 2 will encompass the area within the DSP, and its results will inform the Specific Plan. This task will involve a more detailed opportunities and constraints analysis for the study area based on integrating concepts for the mall site and implications for improved connectivity, public realm character, public spaces access, and urban form. Fuscoe will conduct a site walkover and offer ideas on "opportunities or constraints" for infrastructure, green streets, stormwater BMP, and other sustainable travel way features. This analysis will be used to develop the alternatives in Task 8.4.
8.3 Vision, Objectives, and Planning Principles. Based on the initial round of public outreach (Task 3), and working sessions with staff and the selected developer, we will draft a vision for the DSP. The Vision statement will be supported by a series of objectives and planning principles to guide the plan's recommendations.
8.4 Alternative Land Use/Urban Form Plan Concepts. In conjunction with Task 5.2, focused areas of change will be identified in the Specific Plan area for preparing alternative concepts. These concepts will include land use mix, circulation, site design and other urban form characteristics. A one- or two-day charrette will be conducted to engage the community, developers, City staff, and other interested parties in formulating initial concepts. These will be presented to the Planning Commission and City Council for review and feedback.
8.5 Economic/Development Pro Forma Analyses. We will conduct a financial feasibility pro forma analysis for each alternative concept. The analysis will determine the degree to which the City can expect developers to be interested in pursuing the development prototype, the impacts of zoning standards and requirements on financial feasibility, and recommend changes, if any, to incentivize the desired types of development. We will also assess the fiscal impacts of each development prototype using the fiscal model described in Task 5.3.
8.6 Prepare Land Use Plan. Based on the results of the pro forma analysis of the opportunity sites, the urban design analysis of the study area, and the development plan for the mall site, PlaceWorks will prepare a draft Land Use Plan for the DSP area. We will coordinate with staff on the application of existing and new zoning designations and correlation to the land use/urban typologies of the General Plan. A summary of the Draft Land Use Plan will be prepared identifying key urban form components, including number of stories, intensity, mix of uses, street and open space elements, that can be used for public engagement activities (described in Task 3). The Draft Land Use Plan will undergo several rounds of refinements before becoming the basis for the CEQA analysis.
8.7 Draft Specific Plan. We will prepare an annotated outline of the Specific Plan for review and approval by City staff.
8.7.1 Preferred Land Use Plan. This section will incorporate the vision, guiding principles, and key urban design concepts that are the foundation of the plan. Existing land use conditions will be described at a high level. The Preferred Land Use Plan (zoning classifications) will be defined, including parameters/ranges for land use mix and intensity, street and block networks, and public realm character. We will prepare a statistical summary of potential buildout and a potential incentive/density bonus program. Relevant City, County, and other agency plans/programs will also be documented.
8.7.2 Mobility Plan. The Mobility Plan for the DSP will set forth the plan for vehicular circulation and access, pedestrian and bicycle access, future bus and rail service, and parking demand and supply strategy for the area.
Plans for infrastructure improvements in the study area, including those proposed in the GP and Active Transportation Plan, will be incorporated into this section. We will coordinate with City staff to determine if any other streets can be improved by traffic-calming measures, parking, or streetscape enhancements to expedite development opportunities. Based on this input, cross-sections will be prepared and incorporated for the streets to 22 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE be improved in the plan area. PlaceWorks will also identify future connections to the Metrolink station from areas of proposed development and roadway enhancements that will need to be implemented as new development occurs. Incentives to encourage development adjacent to transit through Transit Demand Management policies will also be outlined in this plan. This may include modifying parking standards; promoting incoming development to participate in the use of emerging technologies, such as bike share and car share; and developing strategies for allocation of curb space for shared use vehicles.
Transportation policies, development incentives, and roadway infrastructure improvements proposed will be summarized by PlaceWorks into in a comprehensive Mobility Plan for the Downtown Specific Plan.
8.7.3 Infrastructure Plan. The Infrastructure Plan will set forth a plan for water, sewer, and storm drainage for the area. Fuscoe will evaluate the preferred Land Use Plan and compare projected land uses (proposed water and sewer generation) against the infrastructure master plans to determine required improvements for drainage, water and sewer services. The Infrastructure Plan will include exhibits identifying any required improvements. Fuscoe will also work with Public Works staff to provide rough order of magnitude costs for infrastructure improvements related to wet utilities. Fuscoe will identify the water quality treatment requirements, potential BMPs within the LID hierarchy, and potential areas for BMP locations.
8.7.4 Development Standards. To streamline the entitlement process for future development, we recommend a hybrid form-based code. For each of the zoning classifications/place types, standards are expected to address minimum and maximum number of stories, minimum and maximum setbacks by street, minimum and maximum block sizes, street frontage requirements, parking placement, detailed open space requirements and design standards, and ground floor height and façade design requirements. For residential uses, we will incorporate objective design standards to address architectural treatment and site planning. The use of incentives will also be explored with staff based on the financial feasibility analysis conducted in Task 8.5.
8.7.5 Design Guidelines. Design guidelines will be prepared for commercial, office, residential, mixed-use, and any industrial development within the study area. We will focus on the key elements of façade design, massing, and site planning. Landscape design for public streets will also be prepared.
8.7.6 Implementation Plan and Economic Development Strategy. We will work closely with staff to develop an application process that streamlines approvals. With a form-based code and design standards, it should be possible to allow development by-right for some uses. The DSP process provides an opportunity to provide a future streamlined entitlement process that includes a level of certainty that does not exist today. The Implementation Plan will also include a comprehensive approach to fostering development, including public/private partnerships, interdepartmental collaboration, creative infrastructure financing, shared/managed parking districts, and other measures to help remove obstacles to the community's vision.
8.8 Public Review Draft Specific Plan. The DSP will be submitted to staff for review and comments. We will meet with staff to review comments and then prepare a public review draft document.
TASK 9. DEVELOPMENT CODE
Timing. While we update the General Plan, we will also think about how the Development Code would implement the goals. We know that for much of the city, the new code will not change standards or requirements. In other areas we may develop specialized zoning to allow a unique land use or expand design flexibility. The concurrent update of plan and code ensures consistency and allows for real-world testing of projects against the draft code.
9.1 Review of Partial Draft Updated Code. PlaceWorks will review the present partial draft of the revised code in the context of the proposed changes to the General Plan, state laws such as SB 35 and SB 330, and any changes the City PROPOSAL FOR SERVICES | PLACEWORKS 23
needs to help review development projects. After our review we will discuss our observations with staff and schedule stakeholder outreach.
9.2 Stakeholder Outreach. We recommend reaching out to key stakeholders (property owners, developers, local architects, neighborhood leaders, environmental advocates, interested City residents) associated with the land development process. Either as part of a focused meeting or a series of phone interviews, we will learn about the strengths and weaknesses of the current code and review possible revisions.
9.3 Draft Zoning Code Sections. We view this work effort as helping to finish the Development Code rather than starting anew. After our outreach, PlaceWorks will add text in track-change mode to the draft code to aid in staff review. We will conduct bi-weekly conference calls to help with review and feedback.
9.4 Design and Operational Standards. State law supports objective design standards for certain types of land uses.
PlaceWorks can provide examples of objective design that would be consistent with the General Plan and could be included in the code. We will also include operational criteria for permitted uses when requiring a conditional use may be too restrictive. The design standards will appear as graphics in the document and may also reflect examples from the General Plan or Downtown Specific Plan. As part of this subtask we will develop a preliminary list of uses requiring special standards and regulations and definitions for all land use categories.
9.5 Zoning Map and Districts. The zoning district map will be updated for consistency with the General Plan and completed as separate GIS layers. We will ensure that the resulting zoning map is readily accessible and that the data presented enable analysis. This effort will also highlight parcels that are inconsistent with the General Plan so the EIR can evaluate zoning changes.
9.6 Public Review Draft Code. We recommend circulating the draft Development Code along with the Draft General Plan for the public to review concurrently. PlaceWorks will prepare the draft code in PDF for posting on the City's website. Following the review period, PlaceWorks will discuss the comments with staff, make changes as directed, and produce a final draft for consideration by the Commission and Council. We will also summarize the changes for the Staff report and draft the ordinance, and public notices.
9.7 Public Hearings. PlaceWorks has scoped for two Planning Commission and one City Council hearings on the draft code. Ideally, these hearings would occur along with the General Plan adoption.
TASK 10. PROGRAM ENVIRONMENTAL IMPACT REPORT
10.1 CEQA Project Description. In addition to the project itself, the EIR should clearly state the City's intent to:
• Streamline consideration of future projects. In this context streamlining means that future projects consistent with the General Plan can tier from the EIR and dispense with cumulative analyses, be covered by a mitigation strategy for off-site impacts, and focus only on site-specific issues like biology or cultural resources. • Provide digital records. All information used for the EIR will be available online, allowing an applicant to evaluate their project they make an application.
• Customized CEQA. We will modify the existing CEQA process to eliminate checklist questions that clearly do not apply and include thresholds that are specific to the City. These modifications will be part of the project description and will be evaluated in the EIR.
Once we have a project description, we will prepare the notice of preparation (NOP) and schedule a scoping meeting.
10.1.1 Meetings and Coordination. In addition to the kick-off meeting for the EIR, we have scoped six in-person meetings: Scoping, Admin Draft #1, two Planning Commission, and two City Council meetings. PlaceWorks will prepare all requisite notices and work with the City to publish and distribute as required. PlaceWorks will also help 24 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE staff with meeting materials, PowerPoints, and display materials for each meeting. PlaceWorks will distribute notices as required and directed by the City.
10.2 Technical Analysis. PlaceWorks will use Story Maps to present the environmental setting information from the background report (Task 2) as setting. This reduces the size of the EIR and allows us to easily update the information.
Our environmental team includes ECORP for cultural, biological, and paleontological analysis, and we will use the results from Fuscoe and KOA engineering in the EIR. All technical studies and model results will be used in writing the EIR and attached as appendices.
10.2.1 Air Quality and Greenhouse Gas Emissions Analysis (PlaceWorks). We will use SCAQMD methodology to prepare a community-wide criteria air pollutant and GHG emissions inventory and forecast.
10.2.2 Noise and Vibration (PlaceWorks). The noise analysis will include a field study and development of updated traffic and rail noise contours. An ambient noise measurement survey will consist of up to 10 short-term (15-minute) and 5 long-term (48-hour) locations.
10.2.3 Biological Resources (ECORP). A desktop analysis will be prepared using data collected from existing environmental documents, with spatial data from readily available resources (e.g., CNDDB, CNPS) regarding the status of federal- and state-listed species. Targeted reconnaissance in the plan area will be conducted to verify and update vegetation community information where needed.
10.2.4 Paleontological Resources (ECORP). A background literature review on the geology and paleontological sensitivity will inform a constraints-level background report. The report will discuss geologic formations and their potential for containing paleontological resources.
10.2.5 Cultural Resources (ECORP). Cultural resources records from standard sources (e.g., SCCIC, CHRIS) will be used to develop a cultural and historic sensitivity model reflecting zones of high, moderate, and low sensitivity. As part of this effort, ECORP will guide the SB 18 and AB 52 Tribal Consultation process, ensuring the process is properly documented in the EIR.
10.2.6 Transportation (KOA). PlaceWorks will use information from the larger KOA General Plan effort to inform the EIR AQ/GHG/noise and vibration analyses. Emphasis will be on the newly adopted VMT threshold and the ability to screen out future projects.
10.3 Environmental Impact Report. A General Plan EIR is an opportunity for innovation because mitigation and sensitivity can all be displayed in GIS and presented in Story Map, allowing the reader to select the information of interest to them. We propose that the EIR be designed to evaluate the Development Code revision and Downtown Specific Plan in stand-alone sections. This approach allows these project elements to be considered as discrete tasks.
The EIR contents will follow the CEQA guidelines, including all required chapters, but with a design and style that reflects the needs of the City.
While the General Plan EIR will rely on policies, existing regulations, ordinances, and adopted standards, the DSP may result in more project-based mitigation. The EIR will include analysis and discussion of the mitigation strategy.
Upon City approval of the Draft EIR as the public draft version, we will prepare a Notice of Availability (NOA) and distribute the EIR for 45-day public review. We assume electronic distribution, with only a few copies for local use.
10.4 Final EIR and Certification Documents. The response to comments will describe the public review process and will include copies of all comment letters received, written responses to comments, and any revisions to the Draft EIR.
Place Works will prepare findings of fact and mitigation monitoring and reporting programs for the General Plan PROPOSAL FOR SERVICES | PLACEWORKS 25
Update and Downtown Specific Plan. Overriding considerations will also be drafted, if needed, and a separate Notice of Determination (NOD) and completion (NOC) for the City to file with the County Clerk and the State Clearinghouse.
TASK 11. PUBLIC REVIEW AND ADOPTION
11.1 Public Hearings. Formal hearings with the Planning Commission and City Council will be held to adopt the updated GP, DSP, and Development Code and certify the Program EIR. The PlaceWorks team will participate in three public hearings each with both the Planning Commission and City Council (maximum of six hearings). We will work with City staff to develop content for their staff reports and prepare PowerPoint presentations. At the hearings, we will be available for presentations and responding to comments. This task includes preparation for the hearings (PowerPoint shows, presentation boards, and collateral materials) and attendance by up to four members from the PlaceWorks team.
11.2 Adopted and Certified Documents. On adoption of the updated GP, DSP, and Development Code and certification of the Final Program EIR, PlaceWorks will revise the draft documents, incorporating any changes approved by the City Council. This will include revised files for printed reproduction and interactive online access and use.
TASK 12. POST-ADOPTION ACTIVITIES
Our proposal includes an optional year of consultant assistance to ensure the plan works as anticipated. Tasks could include ongoing website assistance, development of protocols and procedures for GIS maintenance, plan amendments, performance tracking and feedback, etc.
Implementation Assistance. Based on our experience in other communities, PlaceWorks recommends the inclusion of a full year of implementation assistance. To maintain and expand buy-in, PlaceWorks would continue educating those in the City organization (especially those who are new or were not involved with the effort) on the purpose and applications of the updated GP, DSP, and Development Code.
Tracking and Feedback. The tracking and feedback system will be the primary means to measure progress toward meeting plan visions and goals and enable databased decision-making. It will use data already in the City's hands and supplemented by outside sources, as necessary. PlaceWorks will collaborate with City staff to identify indicators that realistically relate to the GP's goals and policies, evaluate suitability and availability, and select those with the most utility in moving the GP forward. For these, we will determine benchmarks and targets based on current conditions.
In building this system, we will meet with staff from departments throughout the City that have a direct or indirect role in implementing plan policies. These meetings would include not only department heads but GIS staff, database administrators, internal auditors, and anyone with "research" or "analyst" in their title. This process will create a citywide data inventory that will be used to the extent feasible. PlaceWorks will document data sources, purposes, timeliness, and reliability. Most importantly, we will document the format in which the data are stored.
We will design real-time dashboards that provide the information and indicators that enable City staff to support decision-making. It will allow the City to define and revise report formats and generate reports using any of the data incorporated into the system. In addition, the system will provide a public dashboard that will enable residents and investors to see progress and will promote accountability for implementation of the GP, DSP, and Development Code.
Website Platform. PlaceWorks will also be available to assist the City as necessary in the content management and technical maintenance of the website. This could take the form of materials such as a training and operations manual, the development of amendment protocols and procedures, and on-call technical support.
GIS Data and Mapping. PlaceWorks will be available to assist the City to update or add features to web-based mapping tools or the GIS data itself. PlaceWorks will ensure that our GIS manager and other staff, as necessary, are on call to support the City in updating, maintaining, or correcting GIS datasets or web-based mapping tools. 26 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE
WORK PRODUCTS
The following summarizes the principal work products to be prepared for the General Plan Update, Downtown Specific Plan, Development Code, and Program Environmental Impact Report. In addition, meeting agendas and summaries, memoranda, preliminary discussion papers, public engagement collateral materials, and miscellaneous "working" documents will be prepared. All documents will be submitted in digital formats and files compatible with San Bernardino's software and programs. Formats will include Word, Excel, InDesign, and ArcGIS (as described in the preceding work scope). Printed copies will be limited to those necessary for distribution to state, regional, and local agencies, public engagement meetings, and City Council and Planning Commission study sessions and public hearings.
Task Work Product/Deliverable
Project Foundation and • Project schedule, management, and tracking system Coordination • Summary of City Council meetings
• General Plan review findings
Existing Conditions • Base map and templates
Study • Technical studies, map atlas, StoryMaps
• Existing Conditions Report: Administrative Draft, Revised Draft, and Final • Community Snapshot: Administrative Draft, Revised Draft, Final Snapshot Public Outreach • Public Engagement Plan
Strategy • Web site and social media content
• Meeting/event outreach media: flyers, website/social media postings, fact sheets, etc. • Meeting/event collateral: Agendas, presentations, activity media (maps, use icons, etc.) • Meeting and event summaries
Vision Statement • Administrative draft, revised draft, and final Land Use Plan Update • Maps: Areas of change, land use options, and preferred plan • Concept alternatives and preferred plan visualizations • Alternatives Report: Administrative Draft, Revised Draft, and Final Updated Elements • Working draft Elements for internal review General Plan • Public Draft GPU: Administrative Draft, Revised Draft, and Final Document • Plan Maps/Diagrams: Land Use, Circulation, Open Space, Other (as described in scope) • Implementation Plan: Administrative Draft, Revised Draft, and Final • On-Line and StoryMap versions
Downtown Specific • Existing conditions and data base: Framework for planning Plan • Maps: Areas of change, land use options, preferred plan (use, urban design, mobility, etc.) • Species aeroien printerie rate ratan Final
Development Code • Draft Code review
• Draft Code sections, zoning map and districts, public review Code Program EIR • Notices: Preparation, Completion, and Determination • Administrative, revised, and final public draft PEIR
• Final PEIR and certification documents
Post-Adoption • Implementation Tracking and Reporting System
CITY STAFF ROLES
We see ourselves as a seamless extension of City staff and will actively collaborate with staff on the GP work program.
Tasks will predominantly be completed by our team, with City staff responsible for: participation in project management meetings; transfer of available source data; commenting on consultant work products; participating in PROPOSAL FOR SERVICES | PLACEWORKS 27
Place Works-facilitated meetings and charrettes to "brainstorm" direction for the Vision Statement, identification of opportunity areas, selection of a preferred land use plan, and setting overarching goals and policies for plan elements; securing venues and providing supporting staff for public engagement activities; and serving as liaison with City Council and Planning Commission. These roles are more specifically described for each task in the work program.
D. Staffing
Provided below is a list of key staff members who will work on this project with title, function, and years of experience. Shaded rows indicate component managers. Detailed qualifications for each staff member may be found in their full resumes in J. Appendix. We understand that should the need arise to assign different key staff members to the project, we must submit their names and qualifications to the City for approval before they begin work.
Key Role in Total Years
Staff Name/Title Function(s) GP ZC DTSP EIR Experience
WOODIE TESCHER
Principal-in-Charge, Project Manager, Land Use Lead 35+ Principal, Planning + Urban Design
JONATHAN NETTLER, AICP | LA Regional Director Assistant Project Manager, Historic Architecture Lead BRIAN JUDD | Managing Principal, Planning Strategic Advisor 25 WENDY NOWAK, AICP | Principal Community Outreach Lead 20
ALEXA WASHBURN, LEED AP ND
Strategic Advisor, Housing and Specific Plan 20
Sr. VP & Acquisitions, National CORE
SANDRA ESPADAS | Community 20
Community Liaison and Outreach Facilitator
Development Manager, National CORE
STEVE GUNNELLS | Chief Economist Economics, Market/Fiscal Analysis Lead 26 MARK HOFFMAN | Associate Principal Housing, Health, and Environmental Justice Lead TAMMY L. SEALE | Associate Principal Climate Adaptation & Resiliency/Safety Element Lead 25 MICHAEL NILSSON, AICP | Sr. Associate Circulation Element Lead + Active Transportation 22 JOEL FALTER | Principal, KOA Traffic/Transportation Principal 38 BRIAN MARCHETTI | Senior Planner, KOA Traffic/Transportation Lead 23 KAREN GULLEY | Managing Principal, Design Specific Plan Manager 32 ALAN LOOMIS | Principal, Urban Design Community Design Lead 20 Zoning Code Update Manager and 37
MARK TEAGUE, AICP | Associate Principal CEQA Compliance Manager ROBERT KAIN | GeoSpatial Services Mgr. Zoning Code Update, Web Platforms, GIS 22 NICOLE VERMILION | Principal PlaceWorks' CEQA Technical Studies Quality Control 12 DON MITCHELL | Principal Biologist, ECORP Biological Resources Manager 30 LISA WESTWOOD | Director of Cultural Cultural Resources Manager Resources, ECORP
E. Qualifications
As allowed per Question 1.7 in the Questions & Answers released on April 23rd, Qualifications are excluded from page limits. Therefore, Qualifications are provided in J. Appendix. 28 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE F. Fee Proposal
Because the Fee Proposal is a large table (11x17), and per the RFP tables do not count toward the page limit, our Fee Proposal is provided in J. Appendix.
HOURLY RATES FOR ADDITIONAL WORK
PlaceWorks - 2020 Standard Fee Schedule
STAFF LEVEL HOURLY BILL RATE
Principal $215-$335
Associate Principal $190-$235
Senior Assaciate/Senior Scientist $160-$215
Associate/Scientist $135-$170
Project Planner/Project Scientist $105-$145
Planner/Assistant Scientist $BO-$110
Graphics Specialist $90-$135
Administrator $145-$200
Clerical/Word Processing $45-$150
Intern $75-$95
Mileage reimbursement rate is the standard IRS-approved rate.
Last Update: 2020-01-03
G. Insurance
A summary of PlaceWorks standard insurance coverage is provided below. If you need any additional information, please let us know.
PlaceWorks 2020 Standard Insurance
Commercial General Liability Insurance Excess Liability Insurance (only extends to Auto Liability Amount of Liability Insurance: $5,000,000 Deductible $5,000.00 and Employee Liability) Name of Insurer/Surety Agent: Crum & Forster Specialty Insurance Amount of Liability Insurance: $4,000,000 Co. (AMB Rating A XIII) Policy No. EPK127413 Name of Insurer/Surety Agent: Travelers Property Casualty Co of Expiration Date: 07/01/2020 America (AMB Rating At+ XV) Policy No. EX6J3287561943 Professional Liability/Contractors' Pollution Insurance Expiration Date: 7/1/2020 Amount of Liability Insurance: $5,000,000 Deductible $25,000.00 | Excess Liability Insurance (only extends to GL, PL, and E&O) Name of Insurer/Surety Agent: Crum & Forster Specialty Insurance Amount of Liability Insurance: $1,000,000 Co. (AMB Rating A XIII) Policy No. EPK127413 Name of Insurer/Surety Agent: Crum & Forster Specialty Expiration Date: 07/01/2020 Insurance Company (AMB Rating A XIII Policy No.
Automobile Liability Insurance EX6J3287561943
Amount of Liability Insurance: $1,000,000 Deductible $1,000.00 Expiration Date: 7/1/2020 Name of Insurer/Surety Agent: Travelers Property Casualty Co of Cyber Liability Insurance America (AMB Rating At+ XV) Policy No. BA1N96406A19CAG Amount of Liability Insurance: $1,000,000 Deductible Expiration Date: 07/01/2020 $10,000.00
Worker's Compensation /Employer's Liability Insurance Name of Insurer/Surety Agent: Lloyds of London (AMB Rating Amount of Liability Insurance: $1,000,000 A+ XV)
Name of Insurer/Surety Agent: Travelers Property Casualty Co of Policy No. W1C012180301 America (AMB Rating At+ XV) Policy No. UB7K7286761943G Expiration Date: 7/1/2020 Expiration Date: 07/01/2020
PROPOSAL FOR SERVICES | PLACEWORKS 29
H. Litigation
PlaceWorks has filed no claims nor have we had any claims filed against us within the past 5+ years.
National Community Renaissance of California (National CORE) has no litigation history related to the provision of planning services in the last 5 years.
KOA Corporation has no past or pending litigation, or claims filed against its firm, principals of the firm, or each of its key consultants, related to services performed for public agencies, or in actions that may affect its performance under a contract with the City current or within the last 5 years.
In the matter of Brasada Homes Land, LLC v. Fuscoe Engineering, Inc. Brasada claims professional negligence and resulting damages in relation to Fuscoe Engineering Inc.'s engineering work performed at a project in San Dimas, California. Fuscoe is in the information gathering stage and is locating relevant documents for counsel review and to produce to the claimants. Otherwise, it is too early to determine whether the matter will be resolved through settlement or arbitrated. It is far too early to determine the likely outcome of this matter.
Under contract to a client, ECORP Consulting participated in a design/build project involving construction of mitigation wetlands. A small portion of those wetlands did not meet the performance success criteria defined by the US Army Corps of Engineers. Although the failure was attributable to erroneous soil data provided by another of the client's contractors, the client filed a claim against ECORP's professional liability insurance, and a settlement was reached out of court.
I. Other Information
Demonstration of Staffing Tasks Efficiently and Completing Projects on Time and Within Budget. PlaceWorks has never failed to complete a project, nor have we ever been terminated for cause. We encourage you to ask questions of the contacts we provided in the References section.
Community Involvement. None at this time.
Previous Involvement with the City. PlaceWorks has performed the following projects for the City: Waterman Gardens TOD Overlay District/Neighborhood Housing Charrette; TOD Overlay District Station Area Meetings with Council Members; San Bernardino Housing Element Update; 3rd Party Peer Review for Norton Science & Language Academy MND/MRP and Ono Lead Extension EIR; Application for 2009-2010 Community Based Transportation Planning Grant; Master On-Call Environmental Services Contract; General Plan and Arrowhead Springs Specific Plan and EIR; Addendum to the General Plan EIR
Conflicts of Interest. PlaceWorks has no known conflicts of interest in connection with providing the services in this proposal. It should be noted that we are on the City's qualified consultants list to provide Environmental, however, our protocol is to check every project with all potential parties prior to committing to pursuits. There are no projects in process that would conflict, and until we learn this results of this proposal, we will hold off on pursuing others. 30 CITY OF SAN BERNARDINO | GENERAL PLAN AND DEVELOPMENT CODE UPDATE