HomeMy WebLinkAbout1/19/2011 - STAFF REPORTS - 2.L. A.pF PALM S.0
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STAFF REPORT
DATE: January 19, 2011 CONSENT CALENDAR
SUBJECT: APPROVE A CONTRACTUAL SERVICES AGREEMENT WITH MIG,
INC. FOR THE FACILITATION OF THE COMMUNITY DESIGN
ELEMENT AND THE PREPARATION OF THE CONCEPTUAL MASTER
PLAN RELATED TO THE AGENCY'S POTENTIAL ACQUISITION OF
THE DESERT FASHION PLAZA AND TOWN & COUNTRY CENTER
PROPERTIES
FROM: David H. Ready, Executive Director
BY: Community & Economic Development Department
SUMMARY
This action would approve a Contractual Services Agreement in the amount of $75,887
with MIG, Inc. to conduct and facilitate a community design process and develop a
conceptual master plan for the potential future development of the Desert Fashion Plaza
and Town & Country site, in Downtown Palm Springs. The City Council has undertaken
steps that would enable it to make an offer on the property in order to purchase it from
the developer and undertake the master planning and development of the site. These
actions included commissioning an appraisal of the property and making an offer to the
current property owner. This community outreach process would provide the public an
opportunity to have input into the potential public use of the site in a structured way.
RECOMMENDATION:
1. Approve the Contractual Services Agreement with MIG, Inc. in the amount of
$75,887.00 for community design and master planning services for the Desert
Fashion Plaza and Town & Country properties in Downtown Palm Springs.
2. Authorize the Executive Director or his designee to execute all necessary
documents.
STAFF ANALYSIS:
The City Council approved a Specific Plan for the Desert Fashion Plaza (Museum
Market Plaza) site in November, 2009 and then proceeded to negotiate with the current
ITEM NO.—). — -.-
City Council Staff Report
(January 19, 2011)-- Page 2
(MIG, Inc. Contract for Community Design Services)
owner, Wessman Development, on an Owner Participation Agreement to provide
development assistance in the project. Those negotiations concluded unsuccessfully in
June, 2010, Since September, 2010 the Council has undertaken steps that would
enable it to make an offer on the property in order to purchase it from the developer and
undertake the master planning and development of the site, including an appraisal of
the property.
The Council's vision is to undertake many of the elements in the Specific Plan, including
the development and construction of the street grid described in the plan, as well as the
creation of the public open space. In addition, the City Council has affirmed its interest
in eliciting wide community input in the ultimate design and development of the project
in a facilitated community design process. At this point the Council's expressed desire
is to expand the amount of public space in the plan, extend the east-west connection
through the project, possibly reconnect Belardo Road through the north-south axis of
the project and consider other civic uses on the site. There would also be some
element of commercial/retail/restaurant that is complementary to the overall public uses
in the project.
To pay for the acquisition and ultimate redevelopment of the project, the City Council is
considering placing a tax increase, possibly sales tax, on the June 7 ballot. The desire
is to raise enough tax annually to service a bond issue that would cover acquisition,
creation of the streets through the site, demolition, tenant relocation and development of
public amenities there.
The community input process would occur during January and February. To make the
June, 2011 ballot, the Council would need to vote on March 2, 2011, to put the tax
measure on the ballot.
There is a need to have a credible concept in hand at the conceptual level at that time,
in order to demonstrate the necessity for acquiring the property and to have some
confidence in the viability and public acceptance of the proposal. Further work to clean
up drawings and refine some of the concepts could occur after March 2. If the measure
is approved by the voters, the firm could be engaged to finalize the site plan and other
aspects of the master plan.
As the entity involved in the negotiation of the property purchase, the Agency invited
two highly qualified professional urban design and land use planning firms to submit
qualifications and conceptual proposals to facilitate the community design process for
the project. These firms were selected for their sound and in-depth understanding of
contemporary commercial retail, mixed-use and entertainment center development, as
well as extensive experience in the design of quality projects within downtown
entertainment districts.
The two firms were:
City Council Staff Report
(January 19, 2011)-- Page 3
(MIG, Inc. Contract for Community Design Services)
Moule & Polyzoides, Architects and Urbanists
Moule & Polyzoides, Architects and Urbanists was founded in 1990 with the goal of
providing their clients the highest standard of comprehensive architectural services.
They helped forge a new approach to architecture, landscape architecture, and
urbanism that reunites and redefines these now separate aspects of design practice.
The firm supports both newness and continuity. Their view is that knowledge of
architectural history need not lead to reproductions of the past, but rather to the subtle
transformation of its precedents.
Central to the firm's practice is the idea of coherence. They co-founded with four other
like-minded architects the Congress for the New Urbanism, a national organization
dedicated to reconstructing the American metropolis and preserving natural resources,
and also co-wrote the Ahwahnee Principles, a set of new community planning
guidelines for the State of California. In both forums and in our work, the firm has
promoted the imperative of linking community with sustainability in town-making and
architecture.
Moule & Polyzoides' proposal was for $139,040 plus $5,000 for reimbursable expenses.
They also proposed a $35,000 allowance for several sub-consultants.
MIG, Inc.
MIG was a subcontractor to The Planning Center on the City's Downtown Urban Design
Plan in 2005, conducting the public outreach and participation portion of the project.
Since it was founded in 1981, MIG has focused on planning, designing and sustaining
environments that support human development. The firm embraces "inclusivity" and
encourages community and stakeholder interaction in all of their projects. For each
endeavor — in planning, design, management, communications or technology --- the
firm's approach is strategic, context-driven and holistic, addressing social, political,
economic and physical factors to ensure our clients achieve the results they want.
MIG's philosophy is that successful planning brings diverse groups together in
collaborative work efforts, balancing critical thinking, analytical tools, and technology
with economic vitality and community needs. MIG actively engages stakeholders and
community members in design projects, issues and goals. Their diverse staff of
landscape architects, urban planners and designers, graphic designers, public policy
experts and environmental specialists takes client projects successfully from
conceptualization through construction.
MIG worked on the strategic development plan for Downtown Los Angeles and the
Downtown Sacramento Strategic Action Plan to guide future development there. The
Plan included a development framework that linked the area's existing assets with key
opportunity sites to catalyze development and create a mixed-use, pedestrian, transit-
oriented Downtown core.
3
City Council Staff Report
(January 19, 2011)-- Page 4
(MIG, Inc. Contract for Community Design Services)
RECOMMENDATION:
Both firms provided excellent proposals and would undertake an exciting and fruitful
community design process. Staff reviewed both proposal and recommends selecting
MIG, Inc. to undertake the work. The first community meeting would be January 26th,
followed by February 3 and February 9. The work program gives the consultant enough
time to complete a conceptual master plan of the site by March 2.
FISCAL IMPACT:
The $75,887 contract amount would come from the Agency's Merged Project Area No.
1, contractual services account. There are sufficient funds in this account to cover the
full contract amount.
-/J-rJ -
ohn R y d, Director Tom Wilson Assistant City Manager
David H. Ready, Execu ector
Attachments:
Contractual Services Agreement
Agency RFP
PROFESSIONAL SERVICES AGREEMENT
(MIG, Inc.)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made
and entered into, to be effective this th day of January, 2011, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public
body, corporate and politic, (hereinafter referred to as "Agency") and MIG, Inc., a California
Corporation, (hereinafter referred to as "Consultant"). Agency and Consultant are sometimes
hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the
"Parties."
RECITALS
A. Agency has determined that there is a need for professional services to facilitate
the community design process related to the potential acquisition and redevelopment of the
Desert Fashion Plaza and Town & Country Center in Downtown Palm Springs, by the Agency
(the "Project"); and preparation of a conceptual-level Master Plan, which incorporates elements
of the Museum Market Plaza Specific Plan and the City's Downtown Urban Design. Plan.
B. Consultant has submitted to Agency a proposal to provide planning and public
participation services to Agency for the Project pursuant to the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided
herein.
D. Agency desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations,
covenants, and conditions contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit "A," which is attached hereto and is incorporated herein by
reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the
Agency entering into this Agreement, Consultant represents and warrants that Consultant is a
provider of first class work and professional services and that Consultant is experienced in
performing the Work and Services contemplated herein and, in light of such status and
experience, Consultant covenants that it shall follow the highest professional standards in
performing the Work and Services required hereunder. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice recognized as high
MIG,Inc.Community Design Process 1
quality among well-qualified and experienced professionals perfonning similar work under
similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2) the Scope of Services; (3) the Agency's Request for
Proposals; and, (4) the Consultant's signed, original proposal submitted to the Agency
("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract
Documents." The Agency's Request for Proposals and the Consultant's Proposal, which are
both attached hereto as Exhibits "B" and "C," respectively, are hereby incorporated by reference
and are made a part of this Agreement. The Scope of Services shall include the Consultant's
Proposal. All provisions of the Scope of Services, the Agency's Request for Proposals, and the
Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist
in the Contract Documents, the conflict or inconsistency shall be resolved by applying
the provisions in the highest priority document, which shall be determined in the following order
of priority: (P) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the
Agency's Request for Proposal (Exhibit "B"); (3rd) the terms of this Agreement; and, (4`h) the
provisions of the Consultant's Proposal (Exhibit"C").
1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder
shall be perfon-ned in accordance with all applicable federal, state, and local laws, statutes, and
ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants
to Agency that it has obtained all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession and perform the Work and Services
required by this Agreement. Consultant represents and warrants to Agency that Consultant shall,
at its sole cost and expense, keep in effect at all times during the term of this Agreement, any
license, permit, qualification, or approval that is legally required for Consultant to perform the
Work and Services under this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Consultant's performance of the Work and
Services required by this Agreement, and shall indemnify, defend, and hold harmless Agency
against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed
against Agency hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the Services should be performed, and (c) fully
understands the facilities, difficulties, and restrictions attending performance of the Services
under this Agreement. If the Services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services hereunder. Should the Consultant
discover any latent or unknown conditions that will materially affect the performance of the
Services hereunder, Consultant shall immediately inform the Agency of such fact and shall not
proceed except at Consultant's risk until written instructions are received from the Agency.
MIG,Inc.C.'onununity Design Process 2 (�
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers,
documents, plans, studies, and/or other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the Work by
the Agency, except such losses or damages as may be caused by Agency's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care
and diligence to perform their respective obligations under this Agreement. Both Parties agree to
act in good faith to execute all instruments, prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. Agency shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to, or deducting from
such Work. No such extra work may be undertaken unless a written order is first given by the
Agency to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract
Amount, as defined below, and/or(ii) the time to perform this Agreement, which adjustments are
subject to the written approval of the Consultant. Any increase in compensation of up to twenty-
five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the
time to perform of up to thirty (30) days, may be approved by the Executive Director, or his
designee, as may be needed to perform any extra work. Any greater increases, occurring either
separately or cumulatively, must be approved by the Palm Springs Community Redevelopment
Agency Board. It is expressly understood by Consultant that the provisions of this section shall
not apply to the services specifically set forth in the Scope of Services or reasonably
contemplated therein, regardless of whether the time or materials required to complete any work
or service identified in the Scope of Services exceeds any time or material amounts or estimates
provided therein.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
Agreement, Consultant shall be compensated by Agency in accordance with the Schedule of
Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference,
but not exceeding the maximum contract amount of Seventy Five Thousand Eight Hundred Eight
Seven Dollars, ($75,887.00) (hereinafter referred to as the "Maximum Contract Amount"),
except as may be provided pursuant to Section 1.8 above. The method of compensation shall be
as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs,
telephone expenses, and transportation expenses must be approved in advance by the Contract
Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also
specified in the Schedule of Compensation. The Maximum Contract Amount shall include the
attendance of Consultant at all Project meetings reasonably deemed necessary by the Agency.
Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending
these meetings. Consultant hereby acknowledges that it accepts the risk that the services
identified in the Scope of Services may be more costly and/or time-consuming than Consultant
anticipates, that Consultant shall not be entitled to additional compensation therefor, and that the
provisions of Section 1.8 shall not be applicable to the services identified in the Scope of
P,y
MIC,Inc.Community Design Process 3 i
Services. The maximum amount of Agency's payment obligation under this section is the
amount specified herein. If the Agency's maximum payment obligation is reached before the
Consultant's Services under this Agreement are completed, consultant shall nevertheless
complete the Work without liability on the Agency's part for further payment beyond the
Maximum Contract Amount.
2.2. Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, no later than the tenth (10) working day of such month, Consultant shall submit to the
Agency, in a form approved by the Agency's Finance Director, an invoice for services rendered
prior to the date of the invoice. Such requests shall be based upon the amount and value of the
services performed by Consultant and accompanied by such reporting data including an itemized
breakdown of all costs incurred and tasks performed during the period covered by the invoice, as
may be required by the Agency. Agency shall use reasonable efforts to make payments to
Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is
reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services
is requested by the Agency, the Parties shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional professional fees. An amendment may be entered into: (a) to provide for revisions or
modifications to documents or other work product or work when documents or other work
product or work is required by the enactment or revision of law subsequent to the preparation of
any documents, other work product, or work; and/or (b) to provide for additional services not
included in this Agreement or not customarily furnished in accordance with generally accepted
practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefor by the Palm Springs Community Redevelopment Agency Board for each
fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall
automatically terminate without penalty to the Agency.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition
of this Agreement. Consultant shall prosecute regularly and diligently the Work of this
Agreement according to the agreed upon Schedule of Performance (Exhibit"E").
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to
this Agreement upon receipt of a written notice to proceed and shall perform all Services within
the time period(s) established in the Schedule of Performance, which is attached hereto as
Exhibit "E" and is incorporated herein by this reference. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the Agency shall not be obligated to grant such an extension.
MIG.Inc.Community Design Process 4 y
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence of
the Consultant (financial inability excepted), including, but not limited to, acts of God or of the
public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency,
including the Agency, if Consultant, within ten (10) days of the commencement of such delay,
notifies the Executive Director in writing of the causes of the delay. The Executive Director
shall ascertain the facts and the extent of delay, and extend the time for performing the Services
for the period of the enforced delay when and if in the judgment of the Executive Director such
delay is justified. The Executive Director's determination shall be final and conclusive upon the
Parties to this Agreement. In no event shall Consultant be entitled to recover damages against
the Agency for any delay in the performance of this Agreement, however caused, Consultant's
sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall commence upon the effective date of this Agreement and continue in full force
and effect until completion of the Services but not exceeding three (3) years from the date
hereof, except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant
to Section 3.2 above, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the Services to be performed under this Agreement and make all decisions in
connection therewith: Chris Beynon, AICP, Principal. It is expressly understood that the
experience, knowledge, education, capability, expertise, and reputation of the foregoing principal
is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing
principal shall be responsible during the term of this Agreement for directing all activities of
Consultant and devoting sufficient time to personally supervise the services performed
hereunder. The foregoing principal may not be changed by Consultant without prior written
approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the Executive Director of Agency, and is subject to change by the Executive
Director. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept
fully informed of the progress of the performance of the Services, and the Consultant shall refer
any decisions which must be made by Agency to the Contract Officer. Unless otherwise
specified herein, any approval of Agency required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of
the Agency required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and employees,
were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant
MIG,Inc.Community Design Ptoccss Jr
shall not assign the performance of this Agreement, nor any part thereof, nor any monies due
hereunder, voluntarily or by operation of law, without the prior written consent of Agency.
Consultant shall not contract with any other entity to perform the Services required under this
Agreement without the prior written consent of Agency. If Consultant is permitted to
subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for
the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly
employed. Nothing contained in this Agreement shall create any contractual relationships
between any subcontractor and. Agency. All persons engaged in the Work will be considered
employees of Consultant. Agency will deal directly with and will make all payments to
Consultant. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written consent of Agency. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in concert
of more than twenty five percent (25%) of the present ownership and/or control of Consultant,
taking all transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved
transfer shall release Consultant or any surety of Consultant from any liability hereunder without
the express written consent of Agency.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Consultant an Agency employee. During
the performance of this Agreement, Consultant and its officers, employees, and agents shall act
in an independent capacity and shall not act as Agency officers or employees. The personnel
performing the Services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees,
or agents shall have control over the conduct of Consultant or any of its officers, employees, or
agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall
not maintain an office or any other type of fixed business location at Agency's offices. Agency
shall have no voice in the selection, discharge, supervision, or control of Consultant's
employees, servants, representatives, or agents, or in fixing their number, compensation, or hours
of service. Consultant shall pay all wages, salaries, and other amounts due its employees in
connection with this Agreement and shall be responsible for all reports and obligations
respecting them, including but not limited to social security income tax withholding,
unemployment compensation, workers' compensation, and other similar matters. Agency shall
not in any way or for any purpose be deemed to be a partner of Consultant in its business or
otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation,
or liability against Agency, or bind Agency in any manner.
C. No Agency benefits shall be available to Consultant, its officers,
employees, or agents in connection with any performance under this Agreement. Except for
professional fees paid to Consultant as provided for in this Agreement, Agency shall not pay
salaries, wages, or other compensation to Consultant for the performance of Services under this
MIG,Inc,Community Dcsign FTOCeSS 6 1 0"
Agreement. Agency shall not be liable for compensation or indemnification to Consultant, its
officers, employees, or agents, for injury or sickness arising out of performing Services
hereunder. If for any reason any court or governmental agency determines that the Agency has
financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature
relating to salary, taxes, or benefits of Consultant's officers, employees, servants,
representatives, subcontractors, or agents, Consultant shall indemnify Agency for all such
financial obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to Agency, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work
hereunder by Consultant, its agents, representatives, or employees. In the event the Agency
Manager determines that the Work or Services to be performed under this Agreement creates an
increased or decreased risk of loss to the Agency, the Consultant agrees that the minimum limits
of the insurance policies may be changed accordingly upon receipt of written notice from the
Executive Director or his designee. Consultant shall immediately substitute any insurer whose
A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below
for professional liability (errors and omissions) insurance, all insurance provided pursuant to this
Agreement shall be on an occurrence basis. The minimum amount of insurance required
hereunder shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the Agency that
Consultant is unaware of any professional liability claims made against Consultant and is
unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant
does not provide the certification pursuant to (a), Consultant shall procure from the professional
liability insurer an endorsement providing that the required limits of the policy shall apply
separately to claims arising from errors and omissions in the rendition of services pursuant to this
Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the
policy shall be continued in full force and effect at all times during the term of this Agreement,
and for a period of three (3) years from the date of the completion of the Services provided
hereunder. In the event of termination of the policy during this period, Consultant shall obtain
continuing insurance coverage for the prior acts or omissions of Consultant during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for complete
MIG.Inc.Community Design Process 7 .
coverage, either of which shall be subject to the written approval by the Executive Director.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the tern of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the Agency and to require each of its
subcontractors, if any, to do likewise under their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the Agency's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and completed
operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Executive Director prior to commencing any
work or services under this Agreement. Consultant guarantees payment of all deductibles and
self-insured retentions. Agency reserves the right to reject deductibles or self-insured retentions
in excess of $10,000, and the Executive Director may require evidence of pending claims and
claims history as well as evidence of Consultant's ability to pay claims for all deductible
amounts and self-insured retentions proposed in excess of$10,000.
MIC,Inc.Community Design Process Is 12
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects Agency and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained
by the Agency and its officers, council members, officials, employees, agents, and
volunteers shall be in excess of Consultant's insurance and shall not contribute
with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to Agency and its
officers, council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including
additional insureds, against whom a claim is made or suit is brought to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to the Agency or its operations shall limit the application of
such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs
the coverages set forth herein (e.g., elimination of contractual liability or
reduction of discovery period), unless the endorsement has first been submitted to
the Executive Director and approved in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to
delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the endorsements.
In the event Consultant submits to Agency insurance documents that contain the
exculpatory wording described above, Consultant acknowledges and agrees that
Consultant has an affirmative duty to advise the Executive Director of any notice
of cancellation of insurance within five (5) days of Consultant's receipt of such
notice and that Consultant shall secure substitute insurance that will become
effective no later than the effective date of cancellation, thereby ensuring that
there is no lapse in coverage. Failure to so advise the Executive Director of the
notice of cancellation or the failute to secure substitute insurance shall be deemed
a material breach of this Agreement. Certificates of insurance will not be
accepted in lieu of required endorsements, and submittal of certificates without
required endorsements may delay commencement of the Project. It is
Consultant's obligation to ensure timely compliance with all insurance submittal
requirements as provided herein.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved
MIG.Inc.Community Design Process 9 � `l
with the Project who are brought onto or involved in the Project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the Project will be submitted to the
Agency for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part
of the Agency to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on the Agency nor does
it waive any rights hereunder in this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring
during the teen of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. Endorsements as required in this
Agreement applicable to the renewing or new coverage shall be provided to
Agency no later than ten (10) days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be limiting
or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant arising out of the Work performed under this Agreement and
for any other claim or loss which may reduce the insurance available to pay
claims arising out of this Agreement. Agency assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve Agency, or to reduce or dilute
insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible
for the payment of damages resulting from the Consultant's activities or the
activities of any person or person for which the Consultant is otherwise
responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by
MCG,Inc.ConUnunily Ilcsip Process 10
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or
better, unless such requirements are waived in writing by the Executive Director or his designee
due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish Agency with both certificates
of insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the Agency before work commences. Agency reserves the right to
require Consultant's insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and Omissions
and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the Community Redevelopment Agency of the City of
Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved
Additional Insured Endorsement with the following endorsements stated on the certificate:
l. "The Community Redevelopment Agency of the City of Palm Springs, its
officials, employees, and agents are named as an additional insured... " ("as respects City of
Palm Springs Contract No. or "for any and all work performed with the Agency" may be
included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self=
insurance the Agency may have..." ("as respects City of Palm Springs Contract No. it or "for
any and all work performed with the Agency" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date theregf,' the issuing company will mail 34 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of Agency, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the Community Redevelopment Agency of the City
of Palm Springs shall be named the certificate holder on the policies. All certificates of
insurance and endorsements are to be received and approved by the Agency before work
commences. All certificates of insurance must be authorized by a person with authority to bind
coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain
the required documents prior to the commencement of work shall not waive the Consultant's
obligation to provide them.
MIG,Inc.Community Design Process 11
h. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend (at
Consultant's sole cost and expense), protect and hold harmless Agency and its officers, council
members, officials, employees, agents and volunteers and all other public agencies whose
approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified
Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs,
demands, orders, and penalties (collectively "Claims"), including but not limited to Claims
arising from injuries or death of persons (Consultant's employees included) and damage to
property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or
willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from
Consultant's negligent, reckless, or willful performance of or failure to perform any term,
provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's
liability for Indemnified Claims shall be reduced to the extent such Claims arise from the
negligence, recklessness, or willful misconduct of the Agency, its officers, council members,
officials, employees, or agents.
Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each
Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified
Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party
all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified
Claims, whether or not Consultant is named as a party to the Claim proceeding. The
determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims"
shall be based on the allegations made in the Claim and the facts known or subsequently
discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or
other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate
to the negligence, recklessness, or willful misconduct of Consultant to any extent, then Agency
shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against
such Claims, except Agency shall not reimburse Consultant for attorneys' fees, expert fees,
litigation costs, and expenses that were incurred defending Consultant or any parties other than
Indemnified Parties against such Claims.
Consultant's indemnification obligation hereunder shall survive the expiration or earlier
termination of this Agreement until all actions against the Indemnified Parties for such matters
indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit of third.
party Indemnified Parties not otherwise a party to this Agreement.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the
Services required by this Agreement and to enable the Contract Officer to evaluate the
performance of such Services. The Contract Officer shall have full and free access to such books
MIG,Inc.Cnuununity[k igu Process
12 16
and records at all reasonable times, including the right to inspect, copy, audit, and make records
and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement as the
Contract Officer shall require. Consultant hereby acknowledges that the Agency is greatly
concerned about the cost of the Work and Services to be performed pursuant to this Agreement.
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances,
techniques, or events that may or will materially increase or decrease the cost of the Work or
Services contemplated herein or, if Consultant is providing design services, the cost of the
project being designed, Consultant shall promptly notify the Contract Officer of such fact,
circumstance, technique, or event and the estimated increased or decreased cost related thereto
and, if Consultant is providing design services, the estimated increased or decreased cost
estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall
be the property of Agency and shall be promptly delivered to Agency upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by Agency of its
full rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of incomplete documents without specific written
authorization by the Consultant will be at the Agency's sole risk and without liability to
Consultant, and the Agency shall indemnify the Consultant for all damages resulting therefrom.
Consultant may retain copies of such documents for its own use. Consultant shall have an
unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its
subcontractors shall provide for assignment to Agency of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
Agency for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without Agency's prior written
authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of Agency, Consultant shall provide Agency, or other agents of
Agency, such access to Consultant's books, records, payroll documents, and facilities as Agency
deems necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Consultant's performance under this Agreement.
Consultant shall maintain such books, records, data, and documents in accordance with generally
accepted accounting principles and shall clearly identify and make such items readily accessible
MIG,hu.Community Design Process 13 1
to such parties during the term of this Agreement and for a period of three (3) years from the date
of final payment by Agency hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such County, and Consultant covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. Agency may terminate this Agreement for its convenience at any
time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice.
Upon such notice, Agency shall pay Consultant for Services performed through the date of
termination. Upon receipt of such notice, Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further
claims against the Agency under this Agreement. Upon tenmination of the Agreement pursuant
to this section, Consultant shall submit to the Agency an invoice for work and services
perfonmed prior to the date of termination. In addition, the Consultant reserves the right to
terminate this Agreement at any time, with or without cause, upon sixty(60) days written notice
to the Agency, except that where termination is due to material default by the Agency, the period
of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the Executive Director, or his designee, determines that Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as Agency may designate, to cure the default by rendering satisfactory performance. In
the event Consultant fails to cure its default within such period of time, Agency shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice of any remedy to which Agency may be entitled at
law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable
M►G,Inc.Community Design Process
14
costs incurred by Agency as a result of such default. Compliance with the provisions of this
section shall not constitute a waiver of any Agency right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit Agency's right to terminate this
Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, Agency may, after compliance with the provisions of Section
8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for completion of the Services required
hereunder exceeds the Maximum Contract Amount (provided that the Agency shall use
reasonable efforts to mitigate such damages), and Agency may withhold any payments to the
Consultant for the purpose of set-off or partial payment of the amounts owed the Agency as
previously stated. The withholding or failure to withhold payments to Consultant shall not limit
Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless
in writing and signed by a duly authorized representative of the Party against whom enforcement
of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other Party.
8.7 Le2al Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses, including but not limited to reasonable attorney fees,
expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding. To the extent authorized by law, in the
event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding
within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be
the prevailing Party in such litigation or proceeding,
9. AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
M 16,Inc,Community Design Process 15
9.1 Non-liability of Agency Officers and Employees. No officer or employee of the
Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of
any default or breach by the Agency or for any amount which may become due to the Consultant
or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the Agency shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership, or association in which he/she is, directly or
indirectly, interested in violation of any state statute or regulation. Consultant warrants that is
has not paid or given and will not pay or give any third party any money or other consideration
in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, marital status, ancestry, national origin, or
sexual orientation. Consultant shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to their race, religion, color, sex, age, marital
status, ancestry, national origin, or sexual orientation.. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or tennination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other
warranty by Agency or Consultant against patent or copyright infringement, statutory or
otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against
Agency on account of any allegation that any item furnished under this Agreement, or the nonnal
use or sale thereof arising out of the performance of this Agreement, infringes upon any
presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages
finally awarded in any such suit or claim, provided that Consultant is promptly notified in
writing of the suit or claim and given authority, information and assistance at Consultant's
expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is
related to the negligence, recklessness or willful misconduct of Consultant. However,
Consultant will not indemnify Agency if the suit or claim results from: (1) Agency's alteration of
a deliverable, such that Agency's alteration of such deliverable created the infringement upon
any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in
combination with other material not provided by Consultant when it is such use in combination
which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify
MIG,Inc.Community Design Process 16 20
Agency under any settlement made without Consultant's consent or in the event Agency fails to
cooperate in the defense of any suit or claim, provided, however, that such defense shall be at
Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim,
Consultant, at no expense to Agency, shall obtain for Agency the right to use and sell the item, or
shall substitute an equivalent item acceptable to Agency and extend this patent and copyright
indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission, and shall be deemed received upon
the earlier of (i) the date of delivery to the address of the person to receive such notice if
delivered personally or by messenger or overnight courier; (ii) five (5) business days after the
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed as
follows:
To Agency: Community Redevelopment Agency of the
City of Palm springs
Attention: Executive Director&Assistant Secretary
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Telephone: (760) 323-8204
.Facsimile: (760) 323-8332
To Consultant: Christopher J. Beynon, AICP, Principal
MIG, Inc.
800 Hearst Avenue
Berkeley, California 94710
Telephone: (510) 845-7549
Facsimile: (510) 845-8750
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in
writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be determined to be invalid by a final judgment or decree of a
court of competent jurisdiction, such provision shall be ineffective only to the extent of such
prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
MIG,Inc.Community Design Process 17 2
provisions of this Agreement unless the invalid provision is so material that its invalidity
deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
1.0.6 Third Party Beneficiary. Except as may be expressly provided for herein,
nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed
as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or
otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party acknowledges and agrees that such
Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
MICA,Ine.Community Design Process
18 r�
4 c;
IN WITNESS WHEREOF, the Agency and the Contractor have caused this Agreement to
be executed the day and year first above written.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CA
ATTEST:
By By
Assistant Secretary Executive Director
Date: Date:
DRAFTED AND REVIEWED BY:
By
Director of Community & Economic Development
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
Agency Counsel
Date:
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or
Chief Financial Officer.
CONTRACTOR NAME:
Check one Individual Partnership____Corporation
Address
By By
Signature(Notarized) Signature(Notarized)
MI6,Inc.Community Design Process 19 2 J
CALIFORNIA ALLoPURPOSE ACKNOWLEDGMENT
State of California
County of
On before me,
paw ....._....�.„."• Here Insert Name WA760 W IM CNfM �.
personally appeared ........__ _......_�
/al er s�Flse
who prated to me on the basis of satisfactory evidence to
be the parson(s) whose name(s) is/are sadscribed to the
within instrument and acknowledged to me that
helsheAhey wtecuted the same in his/her/their authorized
capacity(ies),and that by hisAwrltheir sigr►AA(s) on the
Instrument ttte person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand and official seal.
Signature
P�iec Notaryr s;tum of rosary 1"crfeC
OP77ON►4L
7-hough the tnfcvmat[on befav k not rep~by la v,It tnw pvw vWuaUe to parsers relying on the docwnwM
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Description of Attached Cocurnent
'ntla or lype of twurnent:...................................................._.._. .,m.,...w..........................................
Document.Date: ........_w...............................................................__.Number of Pages:
Signer(s)Other Than Named Above ___.. .....
Capaicity(les)Claimed by Signer(s)
Signer's Name.._. Signer's l*tame:.----.....-.................................
Individual 7 lncrnrldual
Corporate Officer—Title(s): -I Corporate Officer—T'rtle(s):
u Partner—U Limited U General El Partner-- ;J Limited L General
* Attorney in Fact Attorney in Fact
tcp,€thurrh here Too 04 ftr*hone
Trustee M.:I Trustee
L] Guardian or Conservator ❑Guardian or Cservator
0 Other:_...............__....._ ?Other:„ ...._................ �
I
Signer Is Representing; Signer Is Representing�
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MIG.Inc.Community Design Process 20 2
EXHIBIT "A"
SCOPE OF SERVICES
SEE NEXT PAGE
524762.1
EXHIBIT "B"
AGENCY'S REQUEST FOR PROPOSALS
,524762.1
Master Planning and Community Design
Process for 15 Acres in
Downtown Palm Springs:
The Desert Fashion Plaza
January 6, 2011
IN
1P1.
wYQIII ,y "If
iidll
fIY
INFORMAL REQUEST FOR
PROPOSALS
MASTER PLANNING AND COMMUNITY DESIGN
FOR THE DEVELOPMENT, REDEVELOPMENT
AND/OR RE-USE OF
THE DESERT FASHION PLAZA AND ADJACENT PROPERTY
LOCATED IN THE HEART OF
DOWNTOWN PALM SPRINGS, CALIFORNIA
THE DESERT FASHION PLAZA
I. BACKGROUND AND GENERAL DESCRIPTION
The Community Redevelopment Agency of the City of Palm Springs ("Agency") and City of Palm
Springs are inviting qualified professional land use planning or planning firms to submit qualifications
and conceptual proposals to facilitate the community design process for an exciting downtown
redevelopment project that will create a lively and exciting downtown entertainment destination to
anchor Downtown Palm Springs, as shown on the map in Attachment A("Project"). Qualified firms
should have a sound and in-depth understanding of contemporary commercial retail,mixed-use and
entertainment center development,as well as extensive experience in the design of quality projects
within downtown entertainment districts.
The City Council approved a Specific Plan for the site in November,2009 and then negotiated with
the current owner on an Owner Participation Agreement that would provide development assistance
in the project. Those negotiations were concluded unsuccessfully in June,2010. Since September,
2010 the Council has proceeded on a path that would enable it to make an offer on the property in
order to purchase it from the developer and undertake the master planning and development of the
site. To that end,the City is interested in undertaking a process that would elicit community input in
the ultimate design and development of the process. At this point the Council's desire is to expand
the amount of public space in the plan, extend the east-west connection through the project, and
reconnect Belardo Road through the north-south axis of the project.
To pay for the acquisition and ultimate redevelopment of the project,the City Council is considering
placing a sales tax increase on the June 7 ballot. The desire is to raise enough sales tax to service
a$50 million dollar bond issue that would cover acquisition,creation of the streets through the site,
demolition,tenant relocation and development of public amenities there. The current appraisal on
the two parcels is approximately$18 million.
The Council anticipates conducting a community input process during the January and February
period. On March 2,2011,the vote to put the tax measure on the ballot,as well as any resolution of
necessity for eminent domain, need to occur. There is a need to have a credible concept in hand at
the conceptual level at that time, in order to demonstrate the necessity for acquiring the property.
Further work to clean up drawings and refine some of the concepts could occur between March and
late May leading up to the June vote. If the measure is approved by the voters, the firm would be
engaged to finalize the site plan and other aspects of the master plan.
Project Site
The Project Site is located in the heart of Downtown Palm Springs. The project area consists,in the
aggregate,of approximately 15 acres of separately parceled and contiguous parcels, representing
approximately an entire city block bounded by Tahquitz Canyon Way on the south, Palm Canyon
20
Drive on the east, Museum Drive to the west, and the Hyatt Hotel on the north. In addition, the
Town&Country Center on the east side of Palm Canyon Drive, located mid-block but extending to
Indian Canyon Drive, is considered part of the project site.
Parking Structure Numbers
The total development site is estimated to be 555,000 s.f. on the Desert Fashion Plaza site and
approximately 2 acres at the Town & Country.
Table 1.
Existing Parking Structure Numbers
Plaza Hyatt Hotel Total
At Grade 282 282
Above Grade 109 109
Below Grade 670 175 845
(100 Reserved)
Totals 1,061 175 1,236
Of the hotel's 175 spaces, only 100 are reserved for sole use by the hotel and the other 75 are
shared with the other sections of the parking structure.
Retail Space
The current Desert Fashion Plaza is approximately 288,000 square feet. This figure includes the
50,000 s.f. former Saks Fifth Avenue store, the 40,000 s.f. former I. Magnin store, the 25,000 s.f
Bank of America building, and about 175,000 s.f. of additional shop space.
DeBartolo Corporation, a Youngstown, Ohio-based developer, re-built the present mall in the
1980's. In March, 1998,the Desert Fashion Plaza was purchased by AZ Partners and Excel Legacy
Corporation to be revitalized and remarketed as a new entertainment center venue. Agency and
City staff negotiated with AZ Partners from that time through May, 1999 on a package of Agency
assistance. At that time, AZ Partners' position in the project was replaced by Excel Legacy, and a
new cycle of negotiations began. These negotiations ceased in May,2000,when Excel withdrew its
project and decided to place the project for sale to a new developer.
AZ prepared plans to remodel and rename the Fashion Plaza.AZ has planned to remove the central
roof and create an open-air shopping experience,with pedestrian access to the Desert Museum on
the west. It would be named The Promenade.
In addition to the retail space calculations, the current owner had proposed a 60,000 s.f. multiplex
cinema (12 to 16 screens) in the center; the current developer did not propose constructing the
theaters,but making a 50,000 s.f.site in the middle-rear of the site available for the City to negotiate
with a third-party developer to build theaters there. With 1,236 spaces in the center and a need for
only 473 for retail, there is more flexibility to encourage parking-intensive uses such as movie
theaters in the center; or,the City could use the"excess"spaces to accommodate employee parking
as part of the downtown parking program.
2
The Project/ Development plan should:
• Be a comprehensive plan that incorporates the entire Project Site into a well designed
attractive environment of related uses, linking individual parcels into the unified plan.
• Be a unique and desirable commercial destination that enhances the relationship and
support for the present and future environment of Downtown Palm Springs and Section 14
throughout the adjacent neighborhoods.
• Be a positive development that will attract new businesses interests and commercial
developments that will enhance the Downtown area.
• Emphasize exceptional architectural design using high-quality materials that promote the
image of the designated commercial corridor as an urban entertainment environment that is
competitive with other commercial/entertainment areas within the City of Palm Springs.
• Be a commercial/entertainment development that provides a safe and secure commercial
environment that will be an incentive to encourage quality infill developments in the area.
The City adopted an Interim Downtown Urban Design Plan in July, 2005, which is the blueprint for the
development of the downtown area. [Note: new General Plan is adopted as well as Specific Plan for the
Project; should include those by reference or include a link on the City's website.]
In looking at the Master Planning opportunity, the firm should examine the Downtown Speck Plan to
understand the vision of the City and the Agency in drafting the plan. The City and Agency desire to
strengthen the retail core of the downtown area and have worked on the development of several large
mixed use projects as gateway or anchor projects. For the past several years,the community has pursued
an arts and entertainment strategy for the downtown,with many of the amenities described below as major
community assets. The planning firm should anticipate that the redevelopment of the projectwould include
a significant arts and entertainment component.
II. PURPOSE
The Purpose of this Informal Request for Proposals is for the City to select a highly qualified
planning and urban design firm to undertake the task of facilitating the community design process
and developing the conceptual site plans for the renovation of a key downtown property into an
intensively-used public-private space. Firms' experience in the community design process,
downtown master planning, and mixed use projects are key. The Consultant will be expected to
incorporate the public- and Council input into a strong design statement for the Desert Fashion
Plaza property.
III. SCHEDULE
Deadline for receipt of qualifications ............. 4:00 P.M., Wednesday, January 12, 2011
Contract award (anticipated) ..........................Wednesday, January 19, 2011
A preliminary contract in an amount not to exceed$25,000 could be executed prior to January 19 to
have the Consultant under contract to begin to perform the tasks described in the scope.
IV. TENTATIVE SCOPE OF WORK OF SELECTED CONSULTANT
The City of Palm Springs is looking for a land planner/urban designer(collectively"Consultant")to
facilitate the community design process and develop the conceptual site plans for the renovation of
the Desert Fashion Plaza in downtown Palm Springs.
The Consultant should examine the Museum Market Plaza Specific Plan and the Downtown Urban
Design plan for context about the site,general plan considerations, historic preservation issues,and
zoning. Additional information shall be available based on site visits and interviews with staff, the
Council subcommittee and key downtown stakeholders. The Consultant also needs to coordinate
with the City's Department of Planning Services to ensure general plan and specific plan conformity.
Other site constraints exist, such as the construction of the existing plaza over an underground
parking structure,the physical linkage to the unrelated Hyatt hotel,the potential site of the Museum's
expansion, and the street alignment of the proposed hotel on the east side of Indian Canyon Drive.
The Consultant needs to prepare a conceptual site plan for public discussion and for public
education use during the period of voting on a potential tax increase to fund the project. These
plans will include loosely drawn conceptual site plans and at least one alternative, character
sketches of street scenes and pedestrian usage in the plaza, photographic examples or vignettes of
key elements of the plan; plus, a narrative description and analysis of the opportunities and
constraints presented by the plans.
V. TENTATIVE DELIVERABLES OF SELECTED CONSULTANT
These deliverables are not to be included as part of the Informal Request for Proposal submittal,but
are included in this packet for firms to understand the basis of the City's request. While the final
Scope of Work and Deliverables shall be negotiated, the Consultant shall likely be expected to
deliver the following items:
❑ A process for facilitating the City Council's and community's input into the potential
development of the Desert Fashion Plaza and Town & Country Center properties in
downtown Palm Springs. All community input and dialogue shall be conducted in evening
meetings conducted on January 27, February 3 and February 10, 2011, held in downtown
locations including the Hilton Palm Springs Resort,the Hyatt Regency Suites,and the Palm
Springs Convention Center.
❑ An opening presentation describing the overall Council goal,the development history of the
site, and how the proposed community design process would work for the participants.
❑ Interim site plan drawings to elicit further community response, and voting or decision-
making tools to focus the community's ideas into a small set of alternative site plans.
❑ An informal master plan document that will contain a set of site alternatives forthe Council to
consider at its March 2, 2011 meeting, plus a narrative description and analysis of the
opportunities and constraints presented by the plans, character sketches of street scenes
and pedestrian usage in the plaza,and photographic examples or vignettes of key elements
of the plan. The plans and character sketches should be relatively"loose"and conceptual,
suggesting a hand-drawn quality to the work.
❑ Items that may arise in the community meetings, and the Consultant and/or staff should be
prepared to address in either the meetings or in preparing the master plan, include:
❑ Do the Council Members each have their own plan? How much will the Council's
plan be molded or shaped by the public input during the town hall meetings?
3 �.
❑ Based on the community's and Council's desire,what is the nature and extent of the
private development component to the project? If there is,where would the shops
and restaurants go? To the corner of Palm Canyon and Tahquitz? Just along Palm
Canyon? If we were just going to put shops back along Palm Canyon,does it make
sense to propose demolishing the building just to put a new one back,especially with
potential expensive relocations (i.e. CPK)?
❑ The creation of more meeting space for the adjacent Hyatt Regency.
❑ Providing the Palm Springs Art Museum a new expansion site, including where it
goes (on site or on the Museum's property across the street) and how large it is.
Given the proximity of the above-ground garage to the street,and the distance of the
underground parking to the street(Museum Drive), where would the Museum site
be? How would it work with other components of the proposed plaza?
❑ The size and location of the public plaza: is it around the new intersection of
Museum Drive and Belardo, or is it all of the land west of Belardo,or is it either side
of the new Museum Drive? Is there a consensus on the scale of the public
component? Would it have public amenity elements, such as public restrooms?
❑ The decision on movie theaters at the site. Does the Council or community still
envision movie theaters on the site? Where? Several proposals attempted to place
the theaters as far back as possible,while more recent proposals include having the
theaters up on Palm Canyon Drive.
❑ Alternatives presented in the public discussion may include a full (as possible)
complete demolition of the property. Some discussion about the technical issues,
such as that much of the mall is built over a parking garage, may be necessary.
❑ The street alignment may be a topic of discussion, including some lingering
community desire to "save" the Town & Country Center on the east side of Palm
Canyon, which, in the Specific Plan, becomes part of the east-west street.
Conversely, reinstalling Andreas Road presents its own technical challenges and is
much less beneficial to the Museum.
❑ A web page that can be linked to the City's website that contains plans, updates, and
avenues for the public to provide additional input to the project.
❑ A schedule of meetings, design, and report completion.
❑ A very basic project cost for the City/Agency component only,excluding acquisition related
costs(which are still in negotiation)and any developer subsidy that would be required forthe
private development side. This would include planning and engineering costs and site
improvements and the construction of true public facilities and amenities.
❑ Attendance at adequate number of meetings with staff to develop a workable community
outreach plan and the project master plan. Plus, attendance at least one regular City
Council meeting to present the findings of the project.
3
VI. SUBMITTAL REQUIREMENTS
The Consultant's package of qualifications should describe the Consultant's experience in similar or
related projects in other communities. Firms familiar with downtown urban design,mixed-use and or
infill projects may use that as a basis of qualifications in this package:
❑ Please list experience with downtown urban design, mixed-use and or infill projects.
❑ A work program for the project, broken down by Consultant tasks and City Tasks. These
tasks should be detailed enough to answer the following questions:
❑ How will any of these ideas already discussed in public forums be produced and/or
incorporated into the presentation at the first meeting on January 27? Or, will the
public outreach meetings begin with a blank slate, i.e. the existing mall site plan?
How will the community input be recorded,drawn and discussed in later meetings?
Will the community know that it is"designing"the plan,or will the plan produced be a
recommendation to the Council? How will"voting"occur on priorities,either among
the community members present or among the Council? Will any drawing occur
during the meeting, such as having the Consultant sketch out ideas as they're
produced?
❑ How will the meetings be conducted? Do you propose hanging paper on the walls
and drawing with markers? Who would get to draw? The public? All of the
Council? Staff? Will the sessions need to be videotaped? Or will the participants
break into tables and present summarized ideas? Or, should the public only speak
at public comments? Would the"table"facilitators be part of the Consultant's team,
or City staff? How and when would staff be trained (e.g. "training the trainers")?
❑ What form of plan would be brought forward at the second meeting after the input
received in the first? More table-centric plans or a consolidation of ideas shown to
the entire group? How would the second round of community input occur? When is
it appropriate to discuss site constraints? How would a discussion of constraints
color the plan?
❑ What would be the third meeting? Would it be a presentation of a draft final master
plan, or would it be a third round of community input? If so, would the Consultant
recommend a fourth Council-only meeting to discuss the master plan prior to the
March 2 public hearing?
❑ For the purpose of producing a"vision"at the conceptual level, how much technical
analysis(i.e. engineering,economic)does the consultant recommend? Note that it
may be difficult at this point to obtain broad access to the buildings, especially
anything locked away from the public, as the City is engaged in real estate
negotiations with a reluctant owner.
❑ Which tasks would be necessary after the March 2, but prior to the June 7 vote?
❑ Please provide a list of urban design, infill, or mixed use projects the firm or its principals
have designed. Provide photographs,conceptual drawings or other visual exhibits showing
at least three of these projects.
3 .31
❑ Please list experience working with municipalities or other governmental entities as clients,
❑ Please provide a proposed schedule of performance,including specific milestone dates,that
would allow the City to consider and take action(not in the entitlement sense, however)on
the conceptual master plan no later than March 2, 2011. Develop a list of"deliverables"
necessary to meet each of the milestone dates
❑ Please identify a price for the above deliverables. Is the price a"not to exceed?"or a fixed
price? Is it time and materials? List a compensation schedule by position. Please note
where the cost of planning services could be higher or lower depending on optional tasks,
and by how much.
❑ In the discussion of price, please address and answer the following questions:
What change, if any,would be proposed to the Tentative Scope of Work? And how would
that affect the price?What change, if any,would be proposed to the Tentative Deliverables?
And how would that affect the price?
Given the incredibly short time available in asking you to submit by Wednesday,please send the
submittals directly to John Raymond at John.Ra mond alms rin sca. ov. All attachments
should be in Microsoft Word, .pdf,or.jpeg format. Please know that the City's e-mail server
limits the size of e-mail attachments to no more than 10MB. Your submittal may take more
than one a-mail. Please note in the subject line the number and order of a-mails(i.e.1 of 3,"°2
of 3,"etc.).
All proposals must be received by 4:00 P.M.,Wednesday,January 12, 2011. Proposals must
be submitted to:
John S. Raymond, Director of Community and Economic Development
City of Palm Springs
3200 E. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263-2743
Specific questions regarding this Informal Request for Proposal shall be directed to John
Raymond. He will be reachable at the following numbers:
Office: (760) 323-8228
Cell: (760)902-1903
Alternate Cell: (760) 219-1727
or by e-mail at John.RaymondCa�palmspringsca.gov.
The following criteria should be observed:
❑ The submittal should not exceed 20 pages including the scope of work and task breakdown,
staff resumes and references, and cover letter; the 20 page limitation does not include
graphics, project photographs or drawings.
❑ If delivered by express delivery or by hand, please send three (3) original packages.
Facsimile(fax) proposals will not be accepted.
3 ,1
❑ The proposal shall include the name of the Consultant submitting the proposal, mailing
address,telephone number,and the name of the individual to contact for further information.
❑ Specify personnel,with resumes,to be assigned to the project. If sub-consultants are to be
used, identify the responsibility of each (including sub-consultant personnel resumes)
VII. RESPONSIBILITY OF PROPOSER
All firms submitting shall be responsible. If it is found that a submitter is found irresponsible (e.g.
has not paid taxes, is not a legal entity, submitted a proposal without an authorized signature,
falsified any information in the proposal package, etc.), the submittal shall be rejected.
Vill. CONSULTANT SELECTION
❑ Each submittal will be reviewed to determine the most qualified proposer. Failure to meet the
requirements for the Informal Request or Qualifications is cause for rejection of the submittal.
❑ The Consultant will be selected based on:
o Project Understanding: Degree of understanding of the scope of work described in the
Informal RFP and a schedule of tasks and milestones that meets the needs of the City --
(50%).
o Firm Qualifications/Consultant References: Past experience in downtown master planning,
urban design, and mixed use and infill projects, especially in California—(25%).
o Consultant/Staff Qualifications: Qualifications of the staff assigned to provide design and
supervision services—(25%).
3
IX. INSURANCE REQUIREMENTS
A contract between the City of Palm Springs and the Consultant will contain provisions and
insurance requirements as follows:
5.1 Insurance. The Contractor shall procure and maintain,at its sole cost and expense,in a form and
content satisfactory to City, during the entire term of this Agreement including any extension thereof, the
following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written
on a per occurrence basis. The policy of insurance shall be in an amount not less than either(i)a combined
single limit of$1,000,000 for bodily injury,death and property damage or(ii)bodily injury limits of$500,000
per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property
damage limits of $500,000 per occurrence. If the Contract Sum is greater than $100,000, the policy of
insurance shall be in an amount not less than$5,000,000 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will
fully comply with the laws of the State of California and which shall indemnify,insure and provide legal defense
for both the Contractor and the City against any loss, claim or damage arising from any injuries or
occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the
course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per
occurrence basis in an amount not less than either(i)bodily injury liability limits of$500,000 per person and
$1,000,000 per occurrence and property damage liability limits of$250,000 per occurrence and$500,000 in
the aggregate or(ii)combined single limit liability of$1,000,000. Said policy shall include coverage for owned,
non-owned, leased and hired cars.
(d)Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in
an amount not less than Five Hundred Thousand Dollars($500,000.00)per claim and in the aggregate with
respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf
of the City.
All of the above policies of insurance shall be primary insurance and shall name the City, its officers,
employees and agents as additional insureds,except that the City shall not be named as an additional insured
for the Worker's Compensation Insurance nor the Professional Errors and Omissions Insurance. The insurer
shall waive all rights of subrogation and contribution it may have against the City,its officers,employees and
agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not
be amended or canceled without providing thirty(30)days prior written notice by registered mail to the City. In
the event any of said policies of insurance are canceled,the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with Certificates of
Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City.
All certificates shall name the City as additional insured(providing the appropriate endorsement),be signed by
an authorized agent of the insurer, and shall contain the following "cancellation"notice:
"CANCELLATION: Should any of the above described policies be cancelled before the expiration date
thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named
herein."
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the
extent to which the Contractor may be held responsible for the payment of damages to any persons or
property resulting from the Contractor's activities or the activities of any person or persons for which the
Contractor is otherwise responsible.
36
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this
Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to
maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section
5.1.
5.2 Indemnification. Contractor agrees to indemnify the City,its officers,agents and employees against,
and will hold and save them and each of them harmless from,any and all actions,suits,claims,damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or
liabilities")that may be asserted or claimed by any person,firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents, employees,
subcontractors,or invitees,provided for herein,or arising from the negligent acts or omissions of Contractor
hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision,
covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on
the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the
sole negligence or willful misconduct of the City,its officers,agents or employees,who are directly responsible
to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will
pay all costs and expenses, including legal costs and attorneys'fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City,its officers,agents or employees for
any such claims or liabilities arising out of or in connection with the negligent performance of or failure to
perform such work,operations or activities of Contractor hereunder;and Contractor agrees to save and hold
the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City,its officers,agents or employees is made a party to any action or proceeding filed or
prosecuted against Contractor for such damages or other claims arising out of or in connection with the
negligent performance of or failure to perform the work, operation or activities of Contractor hereunder,
Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses
incurred by the City,its officers,agents or employees in such action or proceeding,including but not limited to,
legal costs and attorneys'fees.
5.3 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most
recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register,and only if they are of a
financial category Class VI or better, unless such requirements are waived by the City Manager or designee
of the City("City Manager")due to unique circumstances. In the event the City Manager determines that the
work or services to be performed under this Agreement creates an increased or decreased risk of loss to the
City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or
designee;provided that the Contractor shall have the right to appeal a determination of increased coverage by
the City Manager to the City Council of City within ten(10)days of receipt of notice from the City Manager.
P(d
EXHIBIT "C"
CONSULTANT'S PROPOSAL
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January 12, 2011
John S. Raymond, Director of Community and Economic Development
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Re:Minster Planning and Cornrnnnily Design Process for Downtown Palne Sprints: The Desert Fashion Plaza
Dear Mr. Raymond:
MIG,Inc, is pleased to present our qualifications and conceptual proposal to facilitate the community design process
for an exciting, lively downtown redevelopment project in the heart of Palm Springs.
MIG brings a unique approach, qualifications,and set of experiences to the Desert Fashion Plaza and adjacent
property project. As experts in downtown urban planning and site design, especially for retail environments,we
understand the specific physical, cultural, economic,circulation and infrastructure parameters related to creating
a dynamic city center. From San Clemente, Sacramento and Rialto to Dallas, Denver and Calgary, our downtown
plans transform and position cities for success in the 21st century economy.We also have extensive experience with
the re-use of existing mall and retail facilities in city centers such as Santa Monica, Long Beach and Napa. Our
planning and urban design capabilities, skills and tools lead to economically feasible, exciting,attractive site plans and
developments.7liese projects revitalize downtown environments and create truly memorable places.
As renowned community participation experts and consensus builders, MIG knows how to collaborate with the
community,stakeholders, elected and appointed officials, city staff, property and business owners,and others to
achieve success.This involves applying expert group facilitation skills, innovative analysis and visualization tools,
and strategic thinking to ensure that voices are heard and that the planning process ultimately leads to a publicly-
supported, context-appropriate, implementable project. We will help build support, trust, partnerships, and enduring
relationships that will move the Desert Fashion Plaza project from vision to reality.
MIG is also poised to complete this fast-track project on time and on budget. We have the capacity and specific
personnel to immediately engage with City staff,the City Council, stakeholders and the greater Palm Springs
cornrnunity.the City needs hands-on principal level strategy, proactive and responsive project management, premier
community engagement skills, and design production expertise all delivered within a very tight timeframe. MIG
provides all of those elements in a single,streamlined team that will quickly advance the conversation and build
consensus within the community in order to meet the crucial March 2 deadline.
We are confident that MIG specifically meets the City's needs for the Desert Fashion Plaza project. I will serve as
prirnary contact and would be happy to answer any questions or discuss our qualifications further. Please do not
hesitate to contact me by phone ar 510-845-7549, or by email at chrisb@migcom.com. "thank you for your consider-
ation.
Sincerely,
(
Chris Beynon,AICP
Principal
800 Hearst Avenue • Berkeley, CA 94710 • 510.845.7549 • fax 510.845.8750 • www.migcom.com
Offices in Berkeley, Fullerton, Pasadena and Davis, CA • Eugene and Portland, OR • Raleigh, NC
41
4 4,
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SECTIONONE team introduction
aboutmig.............................................. ..................1.1
key personnel resumes . .............................. .1-4
.................................................. ..... . .................................................... ...
. .... ...........................................
SECTIONTWO team experience
migexperience.......................................... ....................2.1
SECTIONTWREE project understanding and approach
proposed work program........ ..................................3.1
project schedule.............................. • .... .....................3.4
projectbudget................ .............................................. .3.4
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process i
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44
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ABOUT MIG
...................................................................................................................................................................................... ... .. .....................................................................
MIG, Inc. '
800 Hearst Avenue I Berkeley,CA 94710 r� 'f/
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510.845.7549 � F.- �,
510.845.8750 � � 'i �
www,migcom.com
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Key Contacts ` � 1
Christopher Beynon, Principal I chrisb@migcom.com
Rick Barrett, Project Manager I rickb@migcom.com "
MIG,Inc. is a multidisciplinary firm that specializes in
downtown revitalization, urban and community design,
public outreach and participation, and communications.
P P P �
We offer a full range of services, including transit-friendly 'x
pedestrian design, specific plans,site planning,sustainable -
and healthy community design, streetscape design, zoning MIG Areas of Expertise
and policy planning and CEQA. Our work is characterized Downtown Planning, Design and Implementation
by a dedication to quality. a flexible approach, creativity MIG understands the complexities of planning in the city
in planning and design and a commitment to completing core and surrounding areas,and the unique issues, op-
projects on time and within budget. Since the firm's portunities and constraints associated with often competing
founding in 1981,we have worked extensively with public land uses.We are experts in downtown planning, design and
agencies, municipalities, private developers and downtown implementation, having worked on dozens of city center
management organizations nationally and internationally on and retail revitalization projects across the country over the
design and planning for future change. last several years. Our approach is grounded in a thorough
MIG's unique combination of planning and design expertise understanding of local issues regarding planning and de-
allows us to conduct planning in a highly interactive process sign—as well as the social,economic and cultural context of
involving key constituent groups. 'lhis process generates a the project area—to create successful plans for re-energizing
clear and collective vision of development and growth in a urban districts and city centers throughout California, includ-
dynamic,yet stable environment.'lhrough MIG's participa- ing Napa, San Bruno, San Clemente, Pittsburg, Marysville,
tory planning process,client goals and stakeholder interests Duarte, Long Beach, Sacramento, Rialto, Gilroy, and many
work together to frame key issues. Plans created through more. In addition we are recognized agents in downtown
this approach enjoy broad-based support and can be readily planning nationally with projects ranging from Dallas and
implemented, Denver to Boston and Charlotte.
Utilizing a variety of tools, including land use exercises,
GIS mapping and analysis, hand-drawn sketches, computer
j simulations and slide shows, MIG engages stakeholders
' 1 'l and builds consensus on preferred alternatives. In turn, this
W consensus is translated into cohesive downtown plans and
specific, concise and illustrated design guidelines that provide
a template for future design and development initiatives. Our
plans are strategic, focused and turn-key, so that they do not
i
just sit on a shelf. Instead, they are blueprints and guides that
Mimi=I provide real results.
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process /1,1,
1
introduction
ABOUT MIG
........................................................................................................................................................................................................................................ .. ... . ............................ . . ................................................................................................... .. ......
'r• r'ri ry 3 a
Key to these sirategic, action-oriented plans is the identifica- .... iy pitbm ,
tion of specific organizational strategies, funding sources,
timeframes, responsibilities and partnerships, so that good
ideas and designs "get off the ground"and end in tangible,
d
r
built environments. In addition,catalytic development
opportunity sites are identified,designed and analyzed for J
financial feasibility, so that scarce resources are optimized �""�
and offer the most leverage. Furthermore, key regulatory and z
In
policy hurdles are recognized and overcome, opening the door
to some of the most dynamic development ever done in the t
cities we have worked with. Finally, MIG's plans have built-in ,` ' 1
flexibility, so that they evolve with a city as it changes and IN
grows. This performance-oriented approach is in contrast to Landscape Design
static"master plans,"which are often bound,shelved and then MIG has a proven track record in innovative and award-
updated at some later time. winning landscape design.We provide a full range of services,
.
ming, concept and schematic design,including program
€' feasibility analysis and construction documentation and
administration.We have broad experience in the design of
j^ outdoor environments that integrate people with and without
disabilities,contribute to community livability,and enable
residents to lead healthy,active lifestyles. Projects range from
streerscape design and traffic calming to neighborhood parks
and trails to schools and public plazas.
Communications and Graphic Design
MIGs in-housi graphics studio and editorial staff uses its full
Innovative Planning Solutions media production capabilities to develop effective educational
Great places are attractive and innovative physical settings for and informative products to support visioning,planning and
hurnan interaction. MIG's approach uses good planning and design processes.We produce materials that are attractive and
design to generate innovative solutions to the community's easy-to-understand to help communicate complex concepts
visual and functional order—creating a"sense of place" that and issues to a wide range of audiences. Materials range from
helps make experiences memorable, functional and attractive newsletters and posters to advertisements and websites.
to its many users. We take care to ensure that our projects
respond to the regulatory environment, regional and Local
climactic conditions, the ecological niche of the area, and the
cultures and history. Our goal is to provide a framework for
the creation of well-designed places with pedestrian-scaled
streets, thoughtful building form and scale, and great places
that bolster economic vitality while respecting the historic
traditions and environmental qualities of the setting.
1.2 City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 46
introduction
.. ...... ......... ......... ...................................................................................................................... ...................................................................................................................
Christopher Beynon, AICP
Principal-in-Charge
Education
Masters of Geography, Urban Planning Program,
Department of Geography, University of Utah, Salt Lake City
Bachelor's of Science,Journalism, t
University of Colorado, Boulder
Qualifications
Christopher Beynon is a national leader in Downtown
planning, design and implementation. He provides extensive ■ San Clemente Downtown Master Plan,
experience and a comprehensive set of skills in urban San Clemente, California
planning and design, land use planning, city center and ■ Los Angeles Downtown Development Strategy,
retail district revitalization,group facilitation and consensus Los Angeles, California
building. ■ Downtown Sacramento Strategic Action Plan,
Mr. Beynon has a proven track record of developing success- Sacramento, California
ful plans based on an understanding of development require- ■ Dallas Main Street District Retail Activation Strategy,
ments; retail, cultural and entertainment district creation; Dallas, Texas
the role of green space and the public realm in Downtown ■ Barrio Logan Community Plan Update,
revitalization;and the translation of visions and concepts into San Diego, California
action-oriented projects,policies and programs. ■ Charlotte Center City 2020 Vision Plan,
Charlotte, North Carolina
Mr. Beynon's Downtown experience is diverse and includes
large, medium and small cities in both urban and more rural ■ Boston Downtown Crossing Branding and Urban Design
settings throughout North America. In addition, he has used Strategy, Boston,Massachusetts
his skills and knowledge to manage a variety of community ■ Denver Downtown Area Plan, Denver, Colorado
and land use planning projects, including transit-oriented ■ Downtown Pittsburgh Strategic Action Plan,
development plans, higher education campus master plans, Pittsburgh, Pennsylvania
city General Plans, new community development plans and ■ Anchorage Downtown Comprehensive Plan,
park master plans. Anchorage,Alaska
Mr. Beynon is a Board member of the International ■ Calgary Retail, Branding and Urban Design Strategy,
Downtown Association and frequent speaker on city center Calgary,Alberta
planning and design nationally and internationally. ■ Downtown Spokane Strategic Action Plan,
Spokane, Washington
Selected Experience ■ Greenfair Village Development Plan, Sacramento,
■ Napa Downtown.Specific Plan,Napa, California California
■ Rialto Downtown Development Strategies,Rialto, ■ Long Beach Downtown Strategic Plan,
California Long Beach, California
■ San Bruno Downtown and Transit Corridors Plan, ■ Ocala Downtown Master Plan, Ocala, Florida
San Bruno, California
■ Winnipeg Downtown Parking and Design Analysis,
Winnipeg Manitoba
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 4.
® introduction
. ..............................................................................................
Richard D. Barrett, LEED AP
Project Manager
Education i
BS, Landscape Architecture and Environmental Planning, Utah YN,
State University Certificate in Project Management,George Washington
University
Professional Registration
Project Manager Professional(PMP)
4o6piIlI1 h
Accreditation
I...FED Certified Approved Planner ;
........................................... . .... .. ................................................
Qualifications • Dana Point Harbor Commercial Core Master Plan,
Rick Barrett is an accomplished designer, landscape architect County of Orange Harbors, Beaches, and Parks,
and leader with expertise in complex, large-scale planning and Dana Point, California
design projects as well as smaller, more intimate plazas and • Oceanside Waterfront Master Plan, Economic and
parks. In addition, he brings a holistic understanding of the Redevelopment Commission, Oceanside, California
urban design process, from outreach and communications • Ferry Terminal, Port of San Francisco,
in establishing a common vision through the detailed imple- San Francisco, California
mentation of that vision. He draws great creative inspiration • Embarcadero Roadway, City of San Francisco
from collaboration with his environmental and design Department of Public Works, San Francisco, California
colleagues, as well as nature,art, literature and the urban form . Santa Monica California Incline and Pier Bridge, City of
of cities. Santa Monica Bureau of Engineering,
Mr. Barrett's signature projects include the Salt Lake 2002 Santa Monica, California
Winter Olympics,MGM Studio Tours at EuroDisney, • Santa Monica Pier.Rehabilitation, City of Santa Monica
and the transformation of San Francisco's downtown and Bureau of Engineering, Santa Monica, Califbrnia
waterfront with the Embarcadero Roadway and Yerba Buena • Yerba Buena Gardens, City of San Francisco
Gardens projects. Redevelopment Agency,San Francisco, California
• Plaza Las Fuentes, Pasadena, California
Selected Experience
• Salt Lake City and Park City Downtown Master Plans, ' Eastern Urban Center, McMillin Companies,
Salt Lake Olympic Committee 2002 Winter Olympics, Chula Vista, California
,Salt Lake City, Utah • Santa Ana Street Streetscape,City of Anaheim
• Vancouver Downtown Master Plan,Vancouver Olympic Redevelopment Agency,Anaheim, California
Organizing Committee 2010 Winter Olympics, • City of San Mateo Transit Center, San Mateo, California
Vancouver, B.C., Canada ■ Steuart Street Enhancement Plan, City of San Francisco
• Ferry Building Plaza, City of San Francisco Department Department of Public Works, San Francisco, California
of Public Works, San Francisco, California
• Padre Boulevard Revitalization, South Padre Island
Economic and Redevelopment Commission,
South Padre Island, Texas
1.4 City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process
SECTIONr tea exoerience
Downtown Marysville Plan, Marysville,California
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TEAM EXPERIENCE
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MIG has extensive national, state, regional Streetscapes
and local experience in downtown planning, ■ R Street Corridor Urban Design and
land use, community development, urban Development Plan
and landscape design, and public outreach
and consensus building. "The following list - West Sacramento West Capitol Avenue
is a representative selection of projects that Streetscape Master Plan
demonstrates the breadth of our experience ■ Imperial Beach Palm Avenue Streetscape
and capabilities.
Detailed descriptions of the projects are Collaborative and Facilitative Process
on the following pages. ■ UC Davis West Village Master Plan
• Chualar Community Development Plan
Downtown Planning, Design
and Implementation
■ San Clemente Downtown.Vision
and Strategic Plan
■ Napa Downtown Specific Plan
■ Dallas Main Street District Retail
Activation Strategy
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 2.1
y
team experience
DOWNTOWN PLANNING, DESIGN & IMPLEMENTATION
. ......................................................................................................................... . ..
MIG
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Downtown Opportunity Sites
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North Beach Strategy Concept
Sari Clemente Downtown 'lliis analysis included an overall market
Strategic Plan assessment for the downtown, as well as
San Clemente, California development of a vision,physical and pro-
MIG worked with the City of San Clemente, grammatic strategies,and design guidelines
area residents,business leaders, neighbor- for each district.
hood organizations, and property owners to The project also involved identification of
develop a plan for revitalizing the city center, and feasibility analysis for several catalytic
Downtown is comprised of five key districts. opportunity sites,which will help stimulate
the historic Del Mar core; auto-oriented public and private sector investment at key
corridors along El Camino Real;and the downtown locations. The City has now
seaside neighborhoods of Pier Bowl and engaged developers to build a dynamic
North Beach. "Ihe planning process involved mixed-use entertainment and housing district
a detailed analysis and understanding of each in North Beach in accordance with the plans
area,while taking into account the larger design standards and guidelines.
vision and context of the entire downtown. 'The result of this multi-layered approach was
a community-based plan that works from
planning, design and economic perspectives
and across a variety of scales.
2.2 City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 5
team experience
DOWNTOWN PLANNING, DESIGN & IMPLEMENTATION
MIG
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Downtown Napa Specific Plan MIG is developing a community vision,
Napa, California land use direction,detailed policies,design
Downtown Napa lies in the heart of the guidelines and development standards to
world-renowned Napa Valley wine region. guide future development.
f lowever,due to periodic flooding from the With a community-supported preferred plan
Napa River and other factors, historically in place, MIG is currently preparing the
Downtown Napa did not benefit from the initial Specific Plan materials and drafting the
prosperity experienced by the test of the project description that will springboard the
Napa Valley. EIR process.
With a successful Flood Control Plan in place
(an extensive, multidisciplinary project led by
MIG), the City has seen over$500 million
in public and private investment during
the past decade. In light of these events, the
City of Napa hired MIG again to develop
the Downtown Napa Specific Plan, in order
to take advantage of the new investments
and ensure a more inclusive and vibrant city
center.
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 2.3
55
team experience
DOWNTOWN PLANNING, DESIGN & IMPLEMENTATION
........................................................................................................... .
MIG
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Dallas Main Street District Retail The Strategy provides the design direction
Activation Strategy that serves as a set of formally-adopted
Dallas,Texas standards,which are to be used to guide
']he Main Street District Retail Activation
investment to achieve the District's vision and
Strategy is a detailed, near-term action plan to goals. In addition, implementation strategies
build on existing momentum and transform set the path for tenanting the area.The
the core of Downtown Dallas. Created under Strategy will be used to allocate funds and
a public-private partnership between the City incentives; foster innovative solutions; and
of Dallas, Downtown Dallas, Inc. (DDI), lo- ensure a level of design consistency within the
cal stakeholders, building owners,businesses, District.
and residents, the Strategy is the primary
resource for directing, prioritizing, selecting,
and funding public and private improvements
to streets,parks,plazas, and buildings in the
Main Street District.
2.4 City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process
56
team experience
STREETSCAPES
.......................................................... ........................................................................................
MIG
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R Street Corridor Urban Design MIG was responsible for developing
and Development Plan urban design guidelines and development
Sacramento, California standards for the public and private realm
Defining the southern edge of Downtown that addressed overall image and identity,
Sacramento, R Street Corridor is a historic,
preservation of historic character, circulation,
20-block section of the City's old industrial architectural character of future buildings,
belt that has been targeted for redevelopment and streetscape standards. "Ihe guidelines also
for more than a decade. addressed necessary ordinance and zoning
changes.
The Capitol Area Development Authority
(CAL)A) sponsored the effort to create an
MIG conducted an extensive community
Urban Design and Development Master outreach program in conjunction with the
Plan for the R Street Corridor. MIG led a planning process to ensure that the new plan
team of urban designers,architects, planners, reflected the ideas and needs of stakeholders
engineers and economic analysts to develop a and coinmttnity. The program included
new vision and implementation plan that will a series of community workshops,design
set the stage for long-awaited redevelopment charrettes and stakeholder interviews,as well
along the Corridor. as working with the City to envision and
implement the Development Plan recom-
mendations.
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 2.5
!'
team experience
STREETSCAPES
.. .... ...................................................................................................................................
. ..............................................................................
. . .................................................................................
MIG
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West Capitol Avenue Streetscape financing strategies, and overall streetscape
and Urban Design Master Plan standards. Infrastructure plans were developed
West Sacramento,California to assure underground utilities like sewer,
water and storm drainage are adequate for
West Capitol Avenue is a major east-west, new development.
3.5-mile long arterial and commercial spine
running through West Sacramento. 'Ilie The community outreach program included
Urban Design and Streetscape Master Plan a series of stakeholder interviews,com-
focused on creating a vibrant streetscape munity workshops,working sessions with
corridor that would be the heart of the com- City Council, Planning Commission various
munity, MIG led a multidisciplinary team of departments of the City of West Sacramento
urban designers, architects, planners, traffic to implement the Development Plan recom-
and engineers, environmental planners and mendations.
economic analysts to develop a new vision,
i Primarily funded by SACOG Grants, the
implementation plan, and construction
drawings that set the stage for long-awaited project broke ground in September of 2008.
redevelopment along the corridor. Phase One was successfully completed
in September 2010 and was awarded the
As part of the Urban Design and Streetscape APWA's 2010 Transporation Project of the
Master Plan, MIG created a unique street Year Award.
identity through the redesign of the public-
private interface, signage and wayfinding,
traffic and circulation, infrastructure,
2.6 City of Palm Springs---The Desert Fashion Plaza Master Planning and Community Design Process
58
team experience
STREETSCAPES
................................................................................................................................................... .
MIG
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Urban Design Concept Park Street Segment Photo-simulation
(existing conditions and simulation)
Palm Avenue Commercial Corridor MIG worked with City staff and Caltrans to
Master Plan develop a Master Plan for Palm Avenue to
Imperial Beach,California transform this commercial spine into a vibrant
Palm Avenue,also known as State Route pedestrian-and bicycle-friendly"Main Street."
75, is a six-lane,commercial corridor that With input from the community,elected
serves as the gateway to imperial Beach. It is officials and other stakeholders, MICA led the
also an important alternative connection for
creation of an urban design framework, new
Interstate 5 to the cities of San Diego and classification of street segements, and a set
Coronado,as well as to local military facilities. of design guidelines that will spur positive
The avenue is characterized by high-speed change and shape new development opportu-
traffic, poorly marked and badly designed pities for the corridor.Jhe final Master Plan
pedestrian crossings, dilapidated and under- received unanimous City Council approval
utilized structures, and a high concentration and the City is actively pursuing grants and
of automobile-related uses. Despite being the other funding sources to begin implementa-
City's retail lifeblood, its current design and Lion of the design.The City believes that the
configuration is unfriendly to pedestrians and Master Plan will facilitate redevelopment
lacks the development potential required to of the Corridor with more appropriate and
meet residents' needs,capture visitors' interest, desirable land uses that will in turn create a
and support the City's economic vitality. more dynamic and revitalized commercial core
as envisioned by the community.
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 2.7
team experience
COLLABORATIVE AND FACILITATIVE PROCESS
............................................................... . . ..................................................................................... ..............................................................................................
........................
MIG
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UC Davis West Village Master Plan development of alternative growth scenarios,
Davis,California incorporation of sustainable concepts and
MIG led amulti-disciplinary team to principles,organization of interactive campus
develop a Neighborhood Master Plan for and community workshops, and integration
of utilities, environmental and fiscal analyses.
the University of California, Davis campus.
Located in a semirural,agriculturally rich Importantly, the Master Plan will serve as a
area, the City of Davis and the University model for new university housing nationwide.
wanted to ensure that the proposed develop- Instead of following typical residential
ment was based on sustainable and smart development patterns, MIG's planning and
growth principles. 'llie plan will guide design included a range of housing types
dcvelopment of a new community,which and densities, innovative mixing of uses at
will accommodate more than 3000 students, a neighborhood center,cutting-edge energy
faculty and staff over the next several years. and water strategies, special attention to
Additionally, the new community will include habitat, and open space and urban-agriculture
an elementary school, town center, recreation edge boundaries. "Ilre intent was to create an
fields, a neighborhood park, and bicycle paths integrated and sustainable community that
separated from vehicles. is environmentally, socially and economically
beneficial.
MIG led the work that included intensive Tire project won an ASLA Award for
existing conditions analysis of the over 3,000- Swwinability.A developer was selected in 2005.
acre campus and surrounding region,
2.8 City of Palm Springs--The Desert Fashion Plaza Master Planning and Community Design Process �r
team experience
COLLABORATIVE AND FACILITATIVE PROCESS
. ...................................................... . ................................................................................ ......................................... ....................... .........................
MIG
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Town Center Sketch
Community Development Plan Built from the beginning on a foundation of
Chualar, Monterey County,California trust and cooperation, the new community
Chualar, which is situated on a scenic stretch development plan will enhance Chualar's
of Highway 10 1 just south of Salinas, is a vitality arid aesthetic appeal. 'This collabora-
tive approach enabled the town to express
dynamic community (population 1,400)with
strong ties to the land from which residents its need for growth and improve the built
draw economic strength, a distinct sense of environment for.this
community, and spiritual comfort. MIG diverse community.
worked with Northpoint Development to Ilie Community Development Plan provides
lead community members, stakeholders for a community of quality homes within
and a local neighborhood organisation well-maintained neighborhoods that are
in developing the Chualar Community connected via parks,shopping and services.
Development Plan. Cooperation among residents, land develop-
By conducting outreach sessions in English ers) local officials and other stakeholders has
and Spanish, MIG reached scores of local resulted in a balanced outcome that reflects
residents and area stakeholders. Following the Chualar's shared community values and
development of a shared vision, MIG devel- represents its roadmap for future growth.
oped planning principles to guide growth;
designed land use options; and created
consensus on a final development concept.
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 2.9
61
team experience
COLLABORATIVE AND FACILITATIVE PROCESS
.................................................................................................................. ......... .. . . ............................................................................................................................... .
MIG
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Barrio Logan Community ` Providing affordable and workforce-
Plan Update oriented housing in appropriate amounts
San Diego,California and densities;
MIG is currently leading the Community a Enhancing mobility and access;
Plan Update for the Barrio Logan neighbor- 0 Addressing gentrification and downtown
hood in San Diego. 4he Barrio Logan area redevelopment pressures;
has evolved over time—starting as one of the ■ Recognizing grassroots planning efiorts
first and largest Latino neighborhoods in the and integrating community input;
country throughout the 1950s to becoming • Rebuilding trust and collaboration
an important industrial and military zone among all stakeholders;
with the highest concentration of jobs in San
(.:re:.iting a more self-sufficient
Diego over recent decades.With this evolu- neighborhood through land use
tion have come issues that MIG is helping to refinements that create neighborhood-
address in the Community Plan: serving amenities;and
Mitigating health impacts to residents 0 Enhancing the community's understand-
from co-locating industrial and residen- ing of redevelopment as a tool that can be
tial uses, as well as heavy emissions from used to shape the neighborhood's future.
proximity to highway and railroads;
2.10 City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process
o • . ding and . • • • .
63
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understanding and approach
PROPOSED WORK PROGRAM
.......................................................................................................................................... . . ........................................................................................... ............................................................
Proposed Work Program MIG will tour the Desert Fashion Plaza and adjacent
'llie following work program outlines an understanding and properties with City staff to fully understand the site planning
approach for the Desert Fashion Plaza project, embedded in and parameters. MIG will photo-document the site for use
specific work tasks. MIG anticipates that additional refine- in subsequent presentations and the informal master plan
meat of these work tasks may occur upon further discussion document. '.11iree MIG staff'will attend the project kick-ofT
with the City.Note: Tasks proposed to be conducted by the City session. City to arrange site tour and City Council Subcommittee
are highlighted in italics font, where relevant. While MIG will meeting.
consult on meeting strategy, it is assumed that the City will cover 4. Community Workshop #1 (Including Prep)
all logistics related to securing meeting venues, set-up, refresh- (January 27, 2011)
ments, etc. MIG will strategize and create materials for Community
1. Background and Document Review Workshop#1. It is anticipated that this workshop will entail
To become conversant in the project, MIG will review all a large group facilitation,followed by breakout groups to
relevant documents and site plans that impact the study area, gather community input on visions for the site and potential
including but not limited to the existing Downtown Specific development options. MIG will facilitate the meeting, and
Plan, Museum Market Plaza Specific Plan, Downtown Urban will record the session on a large"wallgraphic"sheet (which
will be photo-reduced for posting on the web site).As
Design Plan,zoning,historic preservation information,
developer proposals, PowerPoint presentations, retail space part of workshop preparation,MIG will create an opening
calculations, the General Plan, and land use and environ-
PowerPoint presentation describing the overall City Council
mental mapping. City to provide all relevant background
goals, the development history of the site, site constraints and
information and documents electronically(or as hard copies as opportunities, broad initial ideas for the property that have
appropriate). been developed to date, and how the community process
will work for participants.The presentation and facilitation
2. Site Base Mapping will highlight that,while there is a foundation of ideas upon
MIG will create a simple, user-friendly site base map contain- Which to build, the process is open enough so that commu-
ing basic information that will be used throughout the project nity members can choose to refine existing ideas or offer new
to engage community members and stakeholders and to ideas and directions for the site's development.
build project alternatives. Layers in this base map will include Following the presentation and a brief large group discussion
(but not be limited to) the existing mall site plan as well as and recording of the overall vision for the site, participants
ideas already discussed for the site. City to provide base map will be broken down into small groups for a breakout session
information such as GIS files and aerial data. exercise. MIG will create breakout exercise materials,which
3. Project Kick-Off: City Staff Meeting, City Council may include wall posters, maps and other elements. Drawing
Subcommittee Meeting, and Site Tour on base maps and listing of the community's ideas will be
MIG will meet with City staff in Palm Springs for the project done in the breakout sessions by the facilitator, although
kick-off meeting to exchange information, finalize project community members may also feel free to mark up the post-
protocols and communications, and outline expectations. ers. Following the breakout session, designated reporters will
MIG will also meet with the City Council Subcommittee (or report back to the large group at the end of the workshop.
key members from the group) to get an understanding of(1) Community Workshop#1 will focus on orientation and
their respective thoughts on potential site design and land idea generation; therefore, it is not anticipated that any
uses, and (2) their desires and expectations for the com- "voting"will occur during this meeting. Note:all workshops
munity engagement sessions and overall project. In addition,
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 3.1
6
understanding and approach
PROPOSED WORK PROGRAM
............................................................................................................. ................................................
will be highly interactive and facilitative(i.e. they will not be facilitated discussion may lead to distinct elements of difF r-
conducted as a planning commission or city council session, with ent scenarios being combined to form a new alternative(s).
participants lining up at a microphone to speak during a public MIG will provide two staff. one facilitator and one recorder.
comment period, but rather through managed and facilitated MIG will create the agenda as well as a comment card so
discussion). that community members can write down and turn in their
thoughts and ideas. City to reproduce workshop materials as
It is assumed that, depending upon the nature of products,
required(including agendas, comment cards, and voting cards).
some materials and maps may be physically reproduced by City to collect and synthesize comment card input and forward to
the City. MIG will provide three staff-one facilitator, one MIG shortly after the meeting.
recorder, and one breakout session facilitator. MIG will create
the agenda as well as a comment card so that community 7, Preferred Site Development Scenario
members can write down and turn in their thoughts and Building from the input from Community Workshop#2,
ideas. City to provide additional breakout session facilitators as MIG will create a preferred site development scenario.
necessary(which MIG will train prior to the meeting as well 'This will include a conceptual planview site plan, character
as reproduce workshop materials as required(including agendas sketches of street scenes and pedestrian usage in the plaza,and
and comment cards). City to collect and synthesize comment card photo precedent examples or vignettes of key elements of the
input and forward to MIG shortly after the meeting. plan.Ahe plans and character sketches will be relatively loose
and conceptual to convey hand-drawn quality to the work.
5. Alternative Site Development Scenarios(Up to Three) Tie preferred site development scenario will be shared with
Building frorn the overall background information and input City staff and reviewed during the weekly project call.
from Community Workshop#l., MIG will create up to three
alternative development scenarios for the Desert Fashion g. Community Workshop #3 (Including Prep)
Plaza site. Tie alternatives will be loose and conceptual in (February 10, 2011)
nature. they will include planview diagrams as well as a pack- Building from the input from Community Workshop#2,
age of precedent photo imagery to convey the character, scale, MIG will facilitate and record Community Workshop#3.
uses and nature of each proposed development scenario.The It is anticipated that this will be a large group session during
alternatives may also include rough hand-drawn sketches to which MIG will use a PowerPoint presentation to display the
illustrate certain site principles and concepts."The alternative preferred site development scenario, followed by facilitated
site development scenarios will be shared with City stafT and community discussion.The facilitator will convey that the
reviewed during the weekly project call. preferred approach is open for additional refinement, but
that overall the presented development plan will be the one
6. Community Workshop#2 (Including Prep) recommended as the preferred scenario in the master plan
(February 3, 2011) document. MIG will provide two staff:one facilitator and
Building from the input from Community Workshop#l, one recorder. MIG will create the agenda as well as a com-
M1G will facilitate and record Community Workshop#2. ment card so that community members can write down and
It is anticipated that this will be a large group session during turn in their thoughts and ideas. City to reproduce workshop
which MIG will use a PowerPoint presentation to display the materials as required(including agendas and comment cards).
alternative site development scenarios, followed by facilitated City to collect and synthesize comment card input and forward to
community discussion. Community members will "vote"for MIG shortly after the meeting.
their preferred scenario via hand-held cards (MIG can also
provide an interactive electronic polling mechanism as an
optional add-on to this workshop). Community input and
3.2 City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 66
understanding and approach
PROPOSED WORK PROGRAM
...... ......... ............... ........................................................................................................................................ ... ..... ........ ........ .........
9. Master Plan Document Optional Tasks
MIG will create an informal master plan document that will 11. Web Site
contain a brief background of the planning process, a set of MIG will use our TowtiSquare web software system to create a
site alternatives, and a preferred site development scenario for turn-key web site for the project. 'Ilse web site will link to the
the City Council to consider at its March 2, 2011 meeting. City's web site and contain plans, updates and opportunities
It will also contain a narrative description and analysis of the for the public to provide input throughout the project. City
opportunities and constraints presented by the plans, charac- to be trained in how to upload documents and manage various
ter sketches of street scenes and pedestrian usage in the plaza, elements of the web site in conjunction with MIG.
and photographic examples or vignettes of key elements of
the plan. 'the plans and character sketches will be relatively 12. Project Cost Estimation
"loose" and conceptual, suggesting a hand-drawn quality to MIG will outline very basic project costs for the City/Agency
the work.'lhe master plan document will be approximately component of the project, excluding acquisition-related costs
15—20 pages in length. City to provide hard copies of the and any developer subsidy that would be required for the
master plan document for distribution to City Council. private development side. Project cost estimation will include
planning and engineering costs, as well as site improvements
10. Project Management, Schedule and Meeting (including to the public realm) and the construction of public
Attendance
facilities and.amenities.
M1G will provide strong, hands-on project management
throughout the project. 'this will involve a full project kick- Additional Notes
oft call with the City stafl,project management team, regular In addition,while MIG intends to arrive at a generally-
team phone calls and e-mail communications, and in-person supported preferred site development scenario by the end
meetings in Palm Springs (we anticipate that MIG may of Community Workshop#3,depending upon community
need to have in-person sessions with City staff the day of,or input and project direction there may be the need to add in
perhaps the day prior to,each Community Workshop)."Iliese a Council-only session to confirm/affirm buy-in prior to the
calls and meetings will be crucial to developing a workable master plan discussion at the March 2 public hearing.
community outreach plan and project master plan. Resulting
from the early communications, MIG will produce a detailed, There may also be the need for"back of the envelope"
day-by-day project schedule that will outline and track technical analysis during the course of the project, to ensure
consultant te.arn and City stafT deliverables, milestones and the feasibility of a preferred site development scenario. Broad
deadlines throughout the short project tinieframe. MIG will conceptual engineering, traffic and economics filtering can be
also attend one regular City Council meeting to present the provided by MIG as part of our basic project scope; however,
findings of the project (March 2). City to collaborate on setting additional technical expertise and analysis in these technical
up team Calls, ensuring the proper City stgff1Council members are areas may require the addition of one or more team members,
on the appropriate call(s), etc. depending upon the City's desired direction. More in-depth
feasibility analysis may also likely occur following the March
Optional Tasks/Additional Notes 2 hearing and prior to the June ballot measure.
MIG realizes that there are certain budgetary constraints Finally, note that if the City is interested in the electronic
on the project. 'therefore,we have outlined the following polling system for Community Workshop#2, MIG can
optional tasks above and beyond the base scope and budget provide costs once parameters (number of participants, etc.)
that the City may want to consider including in the project. are discussed and finalized.
City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 3.3
EMunderstanding and approach
PROJECT SCHEDULE AND BUDGET
......... ......... ......... ... ...... ......... ......... ......... ......... ......... ............................................. . ...............................................................
Proposed Schedule .......m............. . ......._ ...._.__
January February Marc
Task
J� i 7h
1 Background and Document Review
��.�.. €
2 Site Base Mapping
3 Project Kick-tiff
i
4 Corr r ty Workshop#1 x ... .....
Alternative to Devely.. e t ...... ` ..... ........... f ..... P ...... .....gPreparation)
iCommunrtu Workshy #2 €... ......... .....i. ���� „� ..... ............... �... ,.. ...... ...Scenarios r , y p ) p i
(md Ding preparation)
y P e.fe d S ite Development
Scenario
8 Cornrnuri4y Workshop#.3 R
(including preparation)
......
9 Masler Plan Document
� � 3 I 1 '
10 1Project Management,Schedule ;.�
and Meet n Attendanr.e ¢µ m „.„.. .„,,,,._....... �.a.,.,
• Project Schedule
* Community Workshop
♦ City Council Hearing
Proposed Budget C.Beynon
Principal-in-ChargL Urban Des*erl Project Associate
Project Manage Hours Total"bor
Background and Document Review 2 $390 2 $0 4 $660 8 $1,050
2 Site Base Mapping 1 $195 2 $330 16 ..... $2,640 ... 19 $3.i
3 Project Kick-off 8 $1,560 8 $1,320 8 $1,320 24 $4,2001
..... ........
4 Community Workshop#1(including preparation) 12 $2,340 12 $1,980 24 $3,960 48 $8,280E
... .... ..
5 Alternative Site Development Scenarios(up
ion(up to 3) 8 $1 560 16 $2,640j 40 $6,600 64 $10 800
6 Community Workshop (including
#2(rnclud preparation) 12 $2 340 12 $1,980' 16 $2,640 40 $6,960
Site Development Scenario 4 $780 8 $1,37.0 16 $2,640 28 $4,740
....... ........ ....... .. ........ ............................................
8 Commodity Workshop#3(including preparation) 17 $2,340 12 $1,980€ 16 $2,640 40 $6,960'.
.... ......... ......... ...... ......... ...................... .. _
9 Master Plan Document 4 $780 16 $2,640: 24 $3,960 44 $7,380,
...
10 Project Management Schedule and Meeting Attendanc 16 $3,120 24 $3,960' $01.1
40 $7,080
....
Subtotal labor 79 $15,405 112 $18 150 164 I $27 060 355 $60615
.,w,,..,wa.,. ,.,, ai t1 ,.,, �.,M
Direct Costs(Estimat j at 16%of MIS Lagpr Costs)* $6,062
Total Professional Fees 16'
Direct costs include travel;delivery charges and mailings;large-scale color and b/w plots,and meeting/graphic supplies.
11 Web Site-Set up,support and hosting(3 months) $7,500
12 Pr.Cost FshmaUon 2 $390; 8 $1,320 $0 10 $1 710
3.4 City of Palm Springs—The Desert Fashion Plaza Master Planning and Community Design Process 68
2.L. COMMUNITY REDEVELOPMENT AGENCY ITEM TO AWARD A
PROFESSIONAL SERVICES AGREEMENT FOR THE COMMUNITY
DESIGN PROCESS AND MASTER PLANNING:
RECOMMENDATION: 1) Approve an Agreement for professional services
for the facilitation of the community design process and master planning;
and 2) Authorize the Executive Director to execute the Agreement subject
to final review by the Agency Counsel. A
MATERIALS TO FOLLOW
Item No. 2 * L *