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HomeMy WebLinkAboutStaff Report 1319Number of Interview Rounds 2 Following Receipt of Proposals • Proposal Price Range Low $199,847 to a high of $229,926 ComRany Name Location Carrasco and Associates Palo Alto, CA BMS Design Group San Francisco, CA Dyett and Bhatia San Francisco, CA . DC&E San Francisco, CA Van Meterl Williams, Pollock San Francisco/ CA The proposals were evaluated by Planning, Transportation and City Manager's Office staff. Staff carefully reviewed each proposal in response to criteria identified in the request for proposals (RFP). Specific focus was placed on each firm's understanding of rail related issues, experience with similar projects, and understanding of Palo Alto concerns. Two rounds of oral interviews were held. BMS Design GrouR Staff id~ntified BMS Design Group as the preferred consultant following the review of the written proposals and the oral interviews. BMS Design Group is a Bay Area planning consulting group that provides professional services in urban design, land use planning, landscape architecture and community outreach. The firm is headed by two partners, Barbara Maloney and IVlichael Smiley, who each have over 30 years of urban design and planning experience for both public and private sectors clients. BMS Design Group has extensive experience on a variety of rail and transit oriented development. Their list of relevant projects include the Diridon/ Arena StrategiC Development Plan in San Jose, the Downtown Transit-Oriented Development Strategy and the San Leandro BART Station Pedestrian Interface Plan, the Embarcadero Waterfront Transit and Streetscape Improvements, and Third Street Light Rail Urban Design Improvements Project, both in San FranCiSCO, and the Hayward Park Station Area Improvements in San Mateo. The firm was also recently hired in November 2010 by the City of Sunnyvale to prepare the Lawrence Area Station Plan. BMS Design Group initially provided an initial bid of $229,926, but staff and the firm have revised the scope of work to a maximum cost of $200,000. Staff antiCipates project completion by the end of February 2012. Staff has contacted references provided by the consultant for previous work performed and received positive feedback. Task Force Meetings The 17-member Task Force has met on November 9th, December 3rd and January 17th. The focus of the three meetings has been to provide the Task Force with background information, including the status of rail projects, and to discuss organization and logistics. Staff has presented information on the Brown Act and the City's High Speed Rail efforts at those meetings. Sara Armstrong of Californians Advocating for Responsible Rail Development (CARRD) has also made a presentation on the group's February 14, 2011 (lD # Big) Page 3 of4 ATTACHMENT A CITY OF PALO ALTO CONTRACT NO. Cl1138343 -. AGREEMENT BETWEEN THE CITY OF PALO ALTO AND· BMS DESIGN GROUP FOR PROFESSIONAL SERVICES PROVISION OF RAIl. CORRIDOR STUDY This Agreement is entered into on this 15th day of February,.2011, by and betWeen the' CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and BMS DESIGN GROUP,.a Partnership, located at 414 Jackson Street, Suite 404, San Francisco, CA 94111, (PH) (415) 249-0130 ("CONSULTANT"). . RECITALS . The following recitals are a substantive portion of this Agreement. A. CITY intends to develop a Rail Corridor Plan and implementation measures to be . incorporated into the City's Comprehensive Plan ("Project") and desires to engage a consultant to provide a Palo Alto Rail' Corridor Study to evaluate land use, transportation, C\Ild urban design elements of the rail corridor area ("Services"). . B. CONSULTANT has represented that it has the necessary professional ex.pertise, qualifications, and capability, an9 all required licenses andlor certifications to provide the Services .. C. CITY in reliance on these representations desires to engage 'CONSULT ANT to provide the Services as ~ore fully descr~bed in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, teons, ~d conditionS, this Agreement. the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described fu . Exhibit "An in aCcordance ·with· the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. . ~e term of this Agreement shall be from the date of its full. ex.ecution through March 31, 2012, or completion of Study, whichever occurs first, unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time.is of the essence in the performance of Services under this Agreement. CONSULTANT shall co~plete the Services within the term of this Professional Services Rev. June 2. 2010 L Agreement and in accordance with the schedul~ set forth in Exhibit"B", attached to and made a part of this Agreement. Any Services for which times for perfonnance are not specified in this Agreement shall be commenced and completed by CONSID..,T ANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extensiop is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED CQMPENSATION. The compensation to be paid to CONSID..,T ANT for performance of the Services described in Exhibit" A", including both payment for professional services and reimbursable expenses, shall nGt exceed Two Hundred Thousand Dollars ($200,000.00), In the event Additional Services are authorized, the total ' compensation for services and reimbursable expenses shall not exceed Two Hundred Thousand Dollars ($200,000.00). The applicable rates and schedule of payment are set out in Exhibit "C- 1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Additional Services, if any,shall be authorized in'accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any , work that is determined by CITY to be neces~ary for the proper completion of the Project, bl,lt which is not included within the Scope of Services described in Exhibit "A". , ' SECTION 5. INVOICES., In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly.rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l").1f applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT'shall send all invoices to the City's project manager at the'address specified in Section 13 below. The City will generally process and pay invoiCes within thirty (30) days of receipt SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perfonn the Services ,assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of ' simihir knowledge and skill engaged in related work throughout California under the same or similar circumstances. ' , SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with 'all federal. state and local laws, ordinances, regulations, and orders that may 2 Professional Services Rev. lune 2, 2010 C:\Docwnents,and Settings\maJoneyl.Local Settings\Tempomy mtemel Files\OLKI8B\Conttact Cl1138343 • 8MS Design Group Pinal Contract.doc it will not emplQY subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any fmaneja! interest under this Agreement is an officer or employee of CITY;· this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of Califomia. 21.3. If the Project Manager determines 'Ulat CONSULTANT is a "ConSultant" as that tenn is defined by the Regulatiqns of the Fair Political Practicespommission, CONSULTANT shall be require4 and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Refonn Act. SECTION' 22. NONDISCRIMINATION. As set forth in PaIo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the perfonnance of this Agreement, it shalf not discriminate in the employment of any person because of the race, skin color, gender, age, ret~gion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or heiglIt of such person. CONSULT ANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof ... and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENYIRONMENTALLYPREFERRED PURCHASING AND ZERO WASTE REOUIRE.MENTS. CONSULTANT 'shall comply with the City's Environmentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to ti;ne. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following. zero waste requirements : • All printed materials provided by Consultant to City genen~ted from a personal computer· and printer including but not limited to, 'proposals, quotes, invoiCes, reports, and public education materials, shall be double-sided. and printed on a minimum of30% or greater post-cOnsumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional ,print.ing company sliall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. . • Goods purchased by Consultant on behalf of the City shall be purchased in accordaUce with the City's Environmental PUrchasing Policy including but not limited to Extended Producer Responsibility requirements for products and . packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City. for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24.' NON-APPROPRIATION I . 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of 7 Professional services Rev June 2. 2010 C:\Documents and Settlngs\ma\oney\LocaJ Settlngs\Temporary Intemel Flles\OLK18B\Contract CI1138343 -BMS Qesign Group Final Conlract.doc ' Palo Alto and the Palo Alto MUnicipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time ~ithin a fiscal year in the event that funds are orily appropriated for a porti~n of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in 'the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California, . . 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested ~xc1usively in the state courts of California in the County of Santa Clara, State of California. . 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. .' 25.4. Thi~ docUment represents the entire and integrated agreement between the parties and supersedes all prior negotIations, representations, and contracts, either written or oraL This document may be amended only by a written instrument, which is sighed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. . 25,6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agl,'eement and any amendments thereto will remain in full force:andeffect. 25,7 .. All exhibits referred to in this Agreement and an{addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any du1y executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. . 25.8 If, pursuant to this contract with 'CONSULTANT, City shares with CONSULTANT personal infonnation as defined inCaIifornia Civil Code section 1798.81.5(d) about a. California resident ("Personal Information"), CONSULTANT shall maintairi reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security . of the Personal fuformation, CONSULTANT shall not use Personal Ii1formation for direct marketing purpos~ without City's express written consent. 8 Professional Services . Rev June 2, 2010 C:\Documents and Settings\maloney\Local Settings\Temporary Internet Flles\OLK18B\Conttact C1l138343 • BMS Design Group Final Contract.doc . Task 1.8 Transportation and Circulation Framework Analysis -Issues and Opportunities Kimley Horn will summarize and describe key transportation parameters ass9ciated with the HSR alignment options . and station loc~tion including potential impacts, obstructions to conneCtivity, multi-modal access, infrastrucj.ure requirements, and costs. KHA will also summarize transportation-related issu!:)S as identified in the analysis. and as discussed by staff, city leaders, the Task Force and cOll1llJ.unity. Working with the BMS team, KHA will discuss land use, urban design and transportation opportunities associated with the study area and future infrastructure improvements. .. KHA will provide a comparative assessment of existing and future co'nstraints to the integration of HSR into the Rail Corridor and the constraints created by implementation of the HSR. KHA will also summarize the transportation- related opportunities for expediting the integration of HSR as well as the potential for transit-oriented development. Task 1.9 Task Force Meeting 3 The third Task Force meeting will focus on reviewing and discussing the transportation and circulation anal:ysis. The meeting will be facilitated by BMS to ensure that the Task Force can review and comment on all the various element of analysis that are presented. The focus will be on confirming the team's analysis and identifying key issues and opportunities. Task 1.10 COnUnunity Meeting 21 Vision Charrette The second community meeting will be a longer meeting to allow a full discussion of the issues and opportunities associated with urban design. land use, transportation and circulation elements. As part of the meeting. the'BMS team will facilitate a small group brainstorming of initial visions for the project area, incorporating the opportunities identified by the analysis as well as others that community members will bring to the discussion. . . Task 1.11 Task Force Meeting 4 This Tasle Force meeting will review the work to date, including the results or'the community meeting. Discussion will focus on confuming issues, opportunities and visions for the area. Task 1.12 Summary of Context and Preliminary Vision for Corridor The BMS team will prepare a' brief summary of the work to date compiling materials prepared for and developed at the various meetings. The materials in this summary will be presented so as to lead directly into and form the basis for the analysis and taskS of Phase 2, especially the definition of alternatives. Meetings (maximum): Task Force: 4 Goals and Issues • . Urban Design and Land Use • Transportation and Circulation Analysis Summary oj Context and Vision High Speed Rail Committee·1 Planning and Transportation Commission Progress Reports and Hearings -2 City Council Progress Reports and Hearings -1 Community: 2 • Issues Cliarretie Vision Charrette 12 Professional Services Rev lune 2. 2010 C:lDocumenfll BIld Settingslmaloney\Local Settings\TemporatY Internet Files\OLK18B\Contract CU138343· BMS Design Group Final Contract:doc . DeUverablel/: Summary ojContext and Vision Goals, Policies and Vision Statements ,. Issues and Opportunities PHASE TWO: ALTERNATIVES AND ANAL VSIS (6 months) Task 2.1 Urban Design, Land Use, alid 'l'ransportation Concepts The BMS team will prepare urban design, land use and transportat~on concepts for the study corridor. These con~pts will he integrated and coordinated with ~e transportation concepts, building upon one or several alternative urban design framework of streets and pathways. an~ parcels. The concepts will identify the creation of neighborhoods or districts within the corridor as well as the lJlannef in 'which areas of the conidor may be better integrated into and connected with adjoining neighbOrhoods and districts. The concepts will explore the most relevant and feasible la~d uses and densities and opportunities for transit-oriented development. The concepts will be configured to illustrate a range of options that will lead to configuring alternatives combining urban design, land nse'and circulation elements. Task 2.2 Task Force Meetings 5 and 6 This Task Force meeting will be organized to allow a thorough review of the urban design. land UBe a~ transportation and circulation concepts. From the range of concepts presented, the Task Force and consultant team will identify preferred concepts that will be integrated into the plan alternatives. . Task 2.3 cOmmunity Meeting' 3 I Concept Review Wor:kshop The community meeting will be conducted as small group work sessions. wif:h facilitated discussion of the urban design, lana use, circulation and transportation concepts. The discussioDs will be summarized with priorities among the range of concepts identified by the community. Voting for preferences and priorities may be one technique used to discern public preferences. Task 2.4 Preliminary Urban Design, Land Use and Transportation Alternatives Based on the feedback from the Task Force meeting and the community meeting, the team will prepare up to three plan alternatives. These will be configured to reflect three realistic altern~tives that resolve issues and match community priorities and concerns. A variety of graphic materials and media will be used to depict the alternatives including plans, sketches, sections, p~otosimulations, and 3D models. Task 2.5 Task Force Meeting 7 The Task Force meeting will be the opportunity for members to review and propose modifications to the preliminary alternatives. Issues, further analysis. and additional concepts will a1~o be discussed. Task 2.6 Refine Alternatives and Preliminary Evaluation Based on the Task Force meeting, the BMS team will re&e the alternatives. At this time. working with city staff and select stakeholders, the BMS team will identify potential environmental impacts associated with the alternatives. These will focus on impacts to historic resources, visual and noise impacts. An overview of possible traffic impacts will be cJjgcussed but detailed analysis will not be conducted at this time. Task 2.7 Task Force Meeting 8 13 Professional Services Rev J\U1e 2. 2010 C:\Docwnents and Settings\maloney\l..ocal Settings\Temporary Internet PiIes\OLK18B\Conttacl Cl1138343 • BMS Design Group Pioal Conlract.doc The BMS team will facilitate a community meeting with the intent of reviewing, clarifying if needed, and confirming the preferred plans for the corridor as well as any remaining options for elements or particular issues. The meeting will be conducted with a combination of presentation. small greup discussions and attendee input via voting, comments or other means. Task 3.4 Identify Preliminary Implementation Issu.es and Strategies The BMS Team will identify the variety of regulatory changes. physical improvements, and programmatic approaches required to implement the preferred plan. Where investments in ~ew'public infrastructure are required, the BMS Team will work with city staff to estimate the costs of those improvements. Then, BPS will help to frame a financing strategy for those improvements by exploring the availability of existing funding sources as well as the potential. capacity for new development to contribute to infrastructure costs through va:t;ious means. In addition to state, federal, and rail agency funding. BPS will consider locally implemented fWlding sources such as Community Facilities Districts. development impact.iees. tax increment, the City'~ CIP, public private partnerships, transferable development rights, etc. While not resulting in specific cost burdens and fmancing mechanisms assigned to specific properties, this analysis will indicate whether the study area appears capable of carrying the burden for the new infrastructure, or if alternative funding sources are likely to be required. Also, it will be important to create a conceptual implementation.schedule that aligns the phasing of improvements With the availability of funding from various sources, The implementation strategy will also account for the responsibilities allocated to various parties and stakeholders, including the City of Palo Alto and local property owners and developers in addition to the rail agencies and other levels. of goverrWleilt. The team will also identify potential environmental issues associated with plan implementation. Task 3.5 Task Force Meeting 10 The Task Force will meet to review implementation issues and strategies identified by the BMS Design Group team. Task 3.6 Draft Rail Corrldol" Plan Based on input from all preceding tasks and from the summaries prepared at the conclusions of pha~es 1 and 2, the BMS team will prepare a draft corridor plan. It is expected that this plan will be a compilation of materials already prepared with additional co~entary and illustrations as needed. The plan will be configured to correlate with' other , . city policy documents to allow ready inclusion by staff. Tne draft plan will be provided to city staff for a preliminary review. Following receipt of any major comments, the team will provide a revised plan for distribution to the Task Force. Task 3.7 l'ask Force Meeting 11 The team will meet with the Task Force to receive comments on the draft plan. Following review by the Task Force and staff, the team v.:ill fInalize the plan for presentation 'and distribution to city decision-makers. Task 3.8 Community Meetin~ 6 I Open House A community meeting will be held to review the Rail Corridor Plan. This community meeting will be he14 in an . open house format, allowing the community to review and comment all elements of the plan. Task 3.9 Final Rail Corridor Plan Following presentations to the High Speed Rail Committee. the Plannillg and Transportation Commission, and City Council, the BMS Design Group team will fmalize the Rail Corridor Plan. 15 Pr()fessional Services . Rev June 2. 2010 C:\DoollDlenllJ andSettings\mal()ney\l..Ocal Settings\Temporary Internet Files\OLKI8B\Conttact C11138343 -OMS Design Group F1nal Conlractdoo Meetings (maximum): Task Force: 3 • Preferred Pliln Charrette • Implementation Issues and Strategies • Draft Plan Review High Speed Rail Committee -1 Planning and Transportation Commission Progress Reports and Hearings -2 City Council Progress Reports and Hearings-1 Community: 2· • Preferred Pliln Workshop • Draft Plan Open House' DeUverables: Draft and Final Rail Corridor Plan 16 Professional Services Rev June 2, 2010 C;\Documents and Settings\maloney\Local Settings\Temporary Wernet Piles\OLK18B\Contract Cll138343 -BMS Design Group FInal Conttact,doc . EXIDBITB . SCHEDULE OF PERFORMANCE The CONSULTANT shall complete all project tasks and services within the timeframes and schedule agreed upo~ between CITY and CONSULTANT .. TheBMS Design Group team will moo.t . with staff to finalize the work program, schedule and project budget The work program will be used throughout the process to monitor progress; work products will be clearly defined. At this time the team will submit requests for data of varying tYPes. . . At this time schedules and procedures for project communications will be identified: A preliminary schedule of High Speed Rail Committee, PI~g and Transportation Commission and City Council 11.1OOtings will be set. Estimated Time Periods: Phase 1 -4 months Phase II -5 months Phase III-3 months 17 Professional Services Rev June 2, 2010 C:\Documenls and Settings\maloll,ey\LQcal Settings\Temporary Internet FlIes\OLK18B\Conlract Cl1138343 • BMS Design Group Final Contracl.doc ,