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HomeMy WebLinkAbout25F - AGMT - PARKING MNGT PLANREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: Authorize the City Manager and Clerk of the Council to execute an agreement with 1BI Group, subject to nonsubstantive changes approved by the City Manager and City Attorney, for a parking management plan at the Santa Ana Regional Transportation Center, for a term expiring June 30, 2016, in an amount not to exceed $35,000. The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Grange County Transit Authority, and other bus services with office space for various State, County, and City departments. SARTC is open to the public seven days a week from 5:00 a.m. to 11:30 p.m. The facility contains approximately 355,000 square feet of total rental space, Including a five -story theme tower that houses additional office space and conference rooms. On August 6, 2012, after completing a Request for Proposals process, the City entered into an agreement with the IBI Group to develop a parking management plan for the SARTC. A draft parking management plan was completed in March of 2013. Shortly after completion of the draft parking management plan, the SARK Master Plan was placed on hold, pending City reorganization, At this time, the City is interested in finalizing the parking management plan as a potential strategy to generate revenue and offset the operational costs. In addition, the consultant will assist in researching various parking access control systems that are suitable for the SARTC as well as other City -owned structures. 25F -1 Agreement with IBI Group for Parking Management Plan Consulting Services November 3, 2015 Page 2 Staff recommends awarding an agreement to IBI Group (Exhibit 1). The Scope of Work includes updating parking usage data, finalizing the plan, and researching payment methods and technologies that best meet facility management's need for accurate parking control, ease of use by patrons, and cost - effectiveness to implement and operate. Upon staff evaluation of the parking equipment recommendations, IBI Group will prepare specifications for the equipment that best meets the City's needs. Staff will utilize the specifications to complete the acquisition of a parking access control system for the SARTC. The fee proposal for these services is $34,352, Staff recommends entering into an agreement with IBI Group for an amount not to exceed $35,000. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities and Infrastructure, Objective #1 (establish and maintain a community investment plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds are budgeted for expenditure in FY 2015 -16 from the SARTC Operations Contract Services account (No. 06717650 - 62300) in the amount of $28,952 and the Parking Facilities Contractual Services - Professional account (No. 02710132 - 62300) in the amount of $6,048. APPROVED AS TO FUNDS AND ACCOUNTS: I _ lousavipour Francisco Gutierrez five Director Executive Director Works Agency Finance & Management Services Agency FM /MLM /GPL Exhibits: 1. Agreement 25F -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ day of November, 2015 by and between IBI Group, a California general partnership, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of parking technology and development of parking management plans. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. E 411 uU i;UY14ID a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $35,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. �-v "t uT1 This Agreement shall commence on the date first written above and terminate on June 30, 2016, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. I 25F -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 25F -4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 3 25F -5 like importance, but in no event less than reasonable card. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Executive Director for Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 25F -6 To Consultant: IBI Group David Chow 18401 Von Karman Avenue, Suite 110 Irvine, CA 92612 Email: dchow @ibigroup.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. [[i]� o1:C�Iilib Y t1��►lJlu_I K"I at-w" This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: S 25F -7 a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25F -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First above written. ATTEST: MARIA D.14UIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Y, ' Jo S ndoval i Assistant City Attorne RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager 25F -9 David Chow Regional Director, US West Tax ID# Alistair Baillie Operating Director fA.1HI�Y7\ SCOPE OF SERVICES 25F -10 j—'-j 1131 GROUP el 401 Von Kannnan Avenue 949 8 33 55 -Suite 1 B 10 8 8 f x 949 83355111 I ibigroup.com October 6, 2015 Gabriela Lomeli Project Specialist City of Santa Ana - Public Works Agency 1000 E. Santa Ana Blvd Santa Ana, CA 92701 RE: IBI GROUP WORK SCOPE AND BUDGET — Update to 2013 Draft Santa Ana Regional Transportation Center Parking Management Plan Dear Ms. Lomeli IBI Group is pleased to provide this scope of work and budget estimate to update and complete the Parking Management Plan for the Santa Ana Regional Transportation Center ( SARTC). The work effort outlined in this scope of work is intended to allow for updates to the background data and assumptions used in the development of the parking management plan, which will permit IBI Group to prepare and finalize an update to the Parking Management Plan final report and the recommendations contained in this plan. Baseline Assumptions The scope of work presented below is based on the following assumptions: • No new outreach events or surveys will be included as part of the update to the Parking, Management Plan. Input received from the 2012/2013 outreach events will be utilized in this update. • The City of Santa Ana will be able to provide recent parking occupancy data at SARTC as collected by security staff on -site during 2015. • The City of Santa Ana will be able to provide recent information regarding the number of long -term parking permits issued at SARTC during 2015. • The City of Santa Ana will provide utilization and in /out counts for the four city -owned parking garages in Downtown Santa Ana, • The City of Santa Ana will provide parking occupancy and utilization data for the four city -owned parking garages in Downtown Santa Ana from the 2012 Downtown Parking study. Scope of Work Task 1 — Project Management The project management effort involves ongoing coordination between the consultant and City staff to ensure that the project proceeds on schedule and that project work efforts and deliverables are completed on -time and up to the quality expected by the client. To help ensure appropriate tracking and monitoring of the project work effort and schedule, we propose to conduct monthly progress conference calls or meetings that would Involve at a minimum IBI's IBI Group Is a group of firms providing professional services 25F -11 IBI GROUP October 6, 2015 Project Manager and the City's Project Manager. These meetings would be an opportunity to discuss upcoming action items, current deliverables, and planned meetings with stakeholders and the community. Prior to each meeting, IBI Group will prepare an update to the project schedule and maintain and update an project action items list that documents the current work efforts, anticipated completion dates, and next steps. Deliverables: Monthly Project Update Conference Calls /Meetings Monthly Invoicing and Progress Reports Task 2. Update Existing Facility Data The current March 2013 version of the Parking Management Plan includes data on parking occupancy and duration collected in 2012. It is IBI Group's understanding that the city does have limited recent data related to occupancy for the surface parking lots and parking structure. Due to the age of the parking occupancy and duration counts, it is recommended that this update to the Parking Management Plan include the completion of updated parking occupancy or utilization surveys on one weekday and one weekend day during the morning, mid -day, and evening peak period to better understand current 2015 parking patterns and utilization. Once these counts are completed, IBI Group will update the analysis of existing parking demand and utilization within the Parking Management Plan. This analysis is an important input to financial analysis contained in the plan; and in the development of the recommendations for the study. Deliverables: Update to Existing Conditions Analysis in the Final Parking Management Plan Task 3. Parking Analysis and Evaluation This task will involve the completion of updates to the analysis and evaluation the performance and acceptability of potential parking strategies intended to address the issues and opportunities that have emerged from the data and survey information previously collected. There are several options for implementing a pricing structure at the SARTC, including overnight parking fees, reserved parking fees, monthly permits, etc. The draft 2013 Plan contained a series of recommendations regarding parking pricing based on the 2012 parking count data and user surveys and outreach. Within this work effort, IBI Group will update the assessment of parking fees for SARTC, and prepare a set of updated recommendations related to the implementation of parking fees. For each fee strategy, IBI Group will evaluate the proposed strategy for its effectiveness and ability to meet the needs of the various types of facility users. IBI Group will identify the strategies that are suitable for the short -term (1 -5 years) and long -term (over 5 years) timeframe. The updated evaluation analysis will consider the following elements of the parking management plan: » Parking Payment Method and Technology - An assessment of each type of system will be conducted to see which method best serves the station and the City. Some stations with a pricing structure process the payments through City Hall, while some contract the 25F -12 181 GROUP October 6, 201 G service to a vendor. IBI Group will provide the City of Santa Ana an evaluation of the pros and cons of each method, Parking Enforcement— Parking control enforcement is an important element to consider when implementing a pricing structure. Most stations with a pricing structure have some type of enforcement plan to ensure that patrons are utilizing the spaces correctly. Parking at the SARTC is provided on two- surface lots and a four -level parking structure; and would benefit from some type of parking control enforcement. Based on the proposed parking strategies, 181 Group will identify the level of parking enforcement needed. • User Information, Outreach, and Signage - User information, outreach, and signage have been shown to improve user experience and reduce the time it takes to find a parking space. With the implementation of a pricing structure, users will need to be informed of the new parking rates and where best to park based on their needs. IBI Group will update the assessment the types of user information, outreach, and signage and provide the City with a list of options that incorporate associated costs to implement. Impacts of Parking Management Plan - The implementation of a pricing structure may have impacts on property located adjacent to the station as a result of spillover parking, The area surrounding the station currently provides public and residential on- street parking that will need to be analyzed for impacts from potential spillover parking. Parking spillover can be managed, but requires additional management and policies such as parking permits and time limits. IBI Group will update the identified strategies to address any potential spillover parking resulting from the updated recommendations. Deliverables: Update to the Evaluation of Alternative Solutions in the Final Parking Management Plan Task 4. Parking Lot Control Specifications It is anticipated that the parking analysis and evaluation conducted in Task 3 will help to frame an approach for the city to follow in the implementation of a pricing structure for the SARTC parking facilities, This task will focus on the development of a set of specifications that the city can use to procure a parking payment system for installation in the surface and structured parking facilities. Per discussions with the City of Santa Ana, IBI Group understands that the city would also like to install the same parking access control and payment system selected for SARTC at the other four city -owned parking garages in Downtown Santa Ana. To complete this assessment, IBI Group will field review each of the four garages to observe entry/exit points, current operations, payment collection, and access /egress patterns at each garage. This assessment will also include a review of parking utilization and in- /out data provided by the City of Santa Ana to IBI Group. IBI Group will identify up to three alternative approaches to implementing paid parking at SARTC and modifying the payment collection systems at the other four city -owned garages to provide a consistent system. These alternatives could include automated parking fee collection systems with gates, proof of payment systems, or others that would be appropriate based on the layout of the facility and parking utilization patterns. The specifications developed in this task will identify the preferred type of parking fee payment collection system, locations for installation of equipment, and system capability and capacity 25F -13 IBI GROUP October 6, 2015 requirements. The specifications will be documented within a section of the parking study report. IBI Group will also prepare a set of recommendations related to strategies and measures that the city should employ to reduce or eliminate the potential for spillover parking on surrounding streets and properties that could result from the implementation of a parking fee at SARTC. These recommendations will be identified in list form within the report. Deliverables: Draft and Final Parking Lot Control Specifications for SARTC parking and the four city -owned Downtown Parking Structures. Task 5. Recommendations & Final Report IBI Group will develop an updated phased implementation program for the parking strategy recommendations to enable the City of Santa Ana to have a parking management "game plan" for addressing various pricing strategies in the near -term and long -term timeframe. The recommendations should also identify measurements and thresholds that would allow the city to monitor parking conditions and take action if and when conditions indicate the need to apply new strategies. The recommendations and results of this study will then be documented within an updated final report. IBI Group will prepare a draft version of this report for review by City staff. Following receipt of comments through a single round of review, IBI Group will prepare a final version of the report. We have also budgeted for participation in two final presentations to the Planning Commission and City Council (one each) to present the recommendations and final report for approval. Deliverables: Draft and Final versions of the updated Parking Management Plan Report Attendance at up to two presentations of the Final Report Budget The overall budget for this effort is $34,352 IBI Group looks forward to the opportunity to work with the City of Santa Ana on this assignment Should you have any questions regarding this proposal, please do not hesitate to contact Bill Delo at 949- 833 -5588 or bdelo @ibigroup,com. Sincerely, IBI Group David Chow, P.E., AICP Regional Director, US West 25F -14 25F -15 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is trade or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25F -16