Item A: Downtown Update - East Broadway Development Project

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Item #1 and related Attachment A, which pertain to the exemption for the competitive selection process, the information included in these items and related attachments was previously included in the City Council Agenda Item Summary for February 22, 2006. 1) Exemption from competitive bidding process GED and B & H have proposed to design and build the public parking garage at the same time and with the same general contractor as would be used for the Credit Union and the Whole Foods Market. Staff recommends that City Council approve an exemption from the competitive selection process for the design and construction of the public parking garage, based on anticipated benefits in terms of construction cost-efficiencies, design integration and timing. For the City Manager to directly negotiate the contract with the developer and/or construction contractor, the council must approve an exemption from the competitive bid process. Pursuant to Eugene Code 2.1425 (1): "In its capacity as contract review board for the city, the city council, upon its own initiative, or upon request of the purchasing agent, may create special selection, evaluation and award procedures for, or may exempt from competition, the award of a specific contract or class of contracts as provided in this section 2.1425." In this case, the City would not be using a special selection or alternate method of solicitation but would instead be choosing to exempt the contract from the normal competitive bidding procedures. The City Council may approve the exemption after holding a public hearing, scheduled for March 13, 2006. Since this is a bid exemption for a Public Improvement project, the City has also followed additional requirements regarding the public hearing. A notification of the hearing was published in a trade newspaper of general statewide circulation at least 14 days prior to the public hearing. The notice stated that the public hearing was for the purpose of taking comments on the City’s draft findings for an exemption from the standard solicitation method. The approval of the exemption is by City Council resolution, and must be based on a record before the council, including findings that address how the public interest is promoted through this action. The draft resolution and findings are presented in Attachment A. 2) Land transaction with the Shedd Attachment B provides ageneral outline of terms for a land transaction between the City and the Shedd Institute for the Arts, LLC (the Shedd). Based on City Council action, this outline will be the basis of a legal agreement between the City and the Shedd to be signed by the City Manager and a representative of the Shedd. 3) Development Agreement Attachment C provides ageneral outline of terms for a development agreement between the City, Broadway & High Associates, LLC (B & H), and Gerding/Edlen Development Company (GED). Based on City Council action, this outline will be the basis of a legal agreement between (a) the City and (b) B & H and GED. Following agreement on the specific terms of the agreement, it will be signed by the City Manager and representatives of B & H and GED. L:\CMO\2006 Council Agendas\M060315\S060315A.doc