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sr-022211-8dDate: February 22, 2011 Agenda Item: ~` To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: Capital Improvement Projects -Municipal Design Consultant Selection Processes Recommended Action Staff recommends that the City Council: 1) Review and discuss options regarding .municipal design consultant selection processes. 2) Approve the design consultant selection model in which staff reviews proposals and qualifications, conducts interviews, and makes a recommendation to City Council for approval 3) Approve exceptions to-the recommended model to include the option of involving professional jury members in the selection process. when warranted by project complexity or priority. Executive Summary In July 2010, a comprehensive survey of a number of California cities, as well as other US cities, was conducted to determine the procedures that other municipalities use to select design consultants for their Capital Improvement Projects (CIPs). A total of 25 cities responded to direct phone call inquiries or to a survey submitted through the Municipal Management Association of Southern California and League of California Cities. City staff members were asked to reply to specific questions concerning protocols and procedures for selection of consultants. A majority of the cities responded with a "typical selection model" in which staff: issues the Request for Qualifications/Proposals; reviews all of the proposals; shortlists the qualified applicants to a smaller group and then interviews them; recommends a design consultant as the most highly qualified for the project; and then forwards to the City Council for approval. Variations to this model are also discussed in this report when a project involves private funds and partners. Staff recommends the typical selection model for the City's design consultant selection process,. with exceptions depending on project complexity or priority. 1 Background local law establishes .certain requirements applicable to awarding public contracts, including contracts for professional services. The City's Charter Section 608 requires that contracts be awarded according to a procedure established by ordinance that, among other things, preserves public confidence in the integrity and openness of the City contracting process. In addition, the Municipal Code Section 2.24.073 establishes the criteria for selecting a professional services contractor: The criteria include price, experience, demonstrated competence, capacity, sufficiency of financial resources, reputation, and the ability to provide any future services. that may be needed. That section also authorizes Council to reject proposed professional services contracts, and authorizes the City Manager to solicit proposals or proceed in such other manner as he/she determines will fully serve the City's interest. Of course, this authority may only be exercised in a manner consistent with other principles of law, including the requirements of the City Charter. Council could modify the standards and procedures established by the code; however, an amendment to the City Charter would require a municipal election. Historically in Santa Monica, once the need for a new building or facility has been identified, Capital Improvement Project (CIP) funding is requested for inclusion in the City's multi-year CIP program. As part of the CIP review process, the Department of Public Works, with input from the requesting or partnering department, establishes an initial project scope and budget and identifies possible sources of funding. If the CIP request is approved by the City Manager for inclusion in the Proposed City Budget, and by City Council upon budget adoption, the project is assigned to a project manager for implementation. To begin the design consultant selection process, and. in consultation with the partnering department, Public Works staff issues either a Request for Qualifications (RFQ), which solicits the firm's qualifications, references, similar and relevant project 2 experience, and professional staff resumes, or a Request for Proposals (RFP) which solicits all of the RFQ requirements as well as a proposed fee for services. In the case of design-build .projects, a Request for Bids (RFB) is issued which requests the contractor's and designer's qualifications, references, relevant project experience, resumes, fee for preconstruction services, and an overhead and profit percentage. The design team Selection .Panel consists of staff from Public Works (architects, engineers, designers) and staff from the partnering and other relevant stakeholder departments. Using specific selection criteria outlined in the RFQ or RFP, the Selection Panel reviews proposals and qualifications, and selects a list of firms to be interviewed by the same group of reviewers. The selection criteria are composed of project specific requirements, as well as the general criteria cited in the Santa Monica Municipal Code for professional services contracts. The most highly rated firm is then recommended to the City Council for selection: The goal was to assure both the professional community and the public that that the selection vvould be merit-based. Upon award and execution of the Council- approved contract, the design. process begins. Examples of completed CIPs using this process include: • Airport Park • Beach Improvement Group Project (B.I.G.) (Palisades Park and South Beach Improvements) • Big Blue Bus Fuel and Wash Facility • Big Blue Bus Maintenance Building and Site Improvements • Big Blue Bus Transit Store • Civic Center Parking Structure (and Tenant Improvements) • Euclid Park • Pier Central Restrooms • Public Safety Facility • Santa Monica Main Library • Santa Monica Swim Center 3 • Virginia Avenue Park Expansion Projects that are currently in various stages of design and construction that have followed this process include: • Beach Restroom Facilities Replacement • Big Blue Bus. Shelters • CityTV Facility Tenant Improvements • Parking Structure 6 • Pico Branch Library • Reed Park Improvements • Resource Recovery Center • Woodlawn Cemetery Improvement projects Two recent exceptions to this process include the Annenberg Community Beach House and Palisades Garden Walk & Town Square: Annenberg Community Beach House - In 2004, the City Council authorized staff to enter into agreements to accept a grant from a private funding source, the Annenberg Foundation, for the rehabilitation and adaptive reuse of 415 Pacific Coast Highway. In February 2005 staff issued an RFB for design-build services. Included in the RFB was a request for an integrated team of architects, landscape architects and construction general contractors. The City received four design-build bids. A Selection Committee composed of staff from Public Works and Community and Cultural Services reviewed the qualifications and bids and narrowed the field to two design-build teams, which were then interviewed by a Panel that also included several members of the Annenberg Foundation. One recommendation was made (Pankow Special Projects) and City Council was asked to authorize the City Manager to conclude negotiations and execute a design-build contracfi with Pankow for preconstruction services. Staff visited the City Council on one other occasion, to present Schematic Design drawings for input. 4 Funding for the project was provided almost entirely (80%) from a grant from the Annenberg Foundation. Palisades Garden. Walk & Town Square -City Council adopted the Civic Center Specific Plan in 1993, updated in 2005, which called for a six acre park across from City. Hall and the one acre Town Square directly in front of City Hall. Redevelopment Agency funding priorities were approved. for the park on June 9; 2009. City Council was cognizant of the rare opportunity presented by this park at the heart of the Civic Center and suggested that staff pursue a design consultant selection process that would attract accomplished designers. Staff issued an Information Item on September 21, 2009, describing a consultant selection process that included three outside professional experts in architectural design to sit on the Selection Panel. The goal was to assure the professional community that the selection would be merit-based. A RFQ was issued on October 12, 2009. A total of 24 teams responded. The Selection Panel, along with City staff from Community and Cultural Services, Planning and Community Development, and Public Works reviewed the qualifications, shortlisted the firms to six, and then interviewed those six firms. A unanimous recommendation of James Corner Field Operations was made to Council on April 13; 2010. Discussion A matrix of all 25 cities surveyed is included as Attachment A. The matrix displays a breakdown of specific consultant selection tasks, and the responsible parties for each task after staff issues the initial RFQ/RFP. The majority of responding cities follow a typical selection model in which City staff brings one recommended design consultant to the City Council for final approval. A few cities deviate from this typical model by either giving final selection authority to City staff or to a combination of City staff and outside professionals. Staff recommends the typical selection model, with exceptions to include the option of having professional jury members in the selection process when warranted by project complexity or priority. The following provides descriptions on a variety of CIP consultant selection processes identified as a result of the survey of other cities. 5 Baltimore, Maryland In the City of Baltimore, City staff issues and evaluates RFQs/RFPs and makes one recommendation to the Board of Estimates for approval. The Board of Estimates consists of five members: three elected officials (Mayor, City Controller, and President of the City Council) and two appointed :officials (City Solicitor and Director of Public Works). Members of the Board of Estimates do not participate in the evaluation and selection process. Berkeley, California In the City of Berkeley, City staff solicits and reviews qualifications/proposals/bids and provides one recommendation to City Council for approval. If a project is of interest to the City Council, staff will provide a brief report (similar to an Information Item) to Council members to update them on the project's progress. Chicago, Illinois The City of Chicago typically selects its design consultants first through the Department of Procurement Services, which develops a list of pre-qualified design consultants through an RFQ process. The General Services Department, consisting of Architecture, Engineering and Construction Management, will issue RFQs/RFPs to the list of pre-qualified consultants, review and shortlist firms, conduct interviews and select a consultant for a particular project. This process does not vary with the size of the project or budget. The final selection is presented to the Chief Procurement Officer (Department of Procurement Services) for concurrence and that office has the power to make arid- cancel decisions made by staff from the General Services Department. The Department of Procurement Services has full authority to make the final design consultant selection. 6 New York City. New York The City of New York's Departments of Design & Construction (DDC) and Parks & Recreation (Parks Department) procure design consultants without the review and approval of City Council and then proceed to manage the design and construction of those projects. These two agencies have final authority on consultant selections. For parks and recreation projects, the City's Parks Department has apre-qualified list of consultants selected by meeting quality-based criteria and fee schedules. For more complex projects involving budgets greater than $10 million, a RFP is typically issued. To establish the pre-qualified list, a Selection Panel reviews the proposals received from a RFQ process, shortlists the firms, and conducts interviews with the short-listed firms. The Selection Panel would consist of multidisciplinary groups from among City staff (architects, engineers, etc.) and a Peer Evaluator, who is a private individual chosen from a list generated by the Mayor's Office. On occasion a design charette is used and this same Selection Panel will serve as jury in the selection of design consultant. The design charette is not open to the public. A typical consultant evaluation committee for a project going through the DDC (bridges, highways, fire department buildings, libraries, etc.) would include an independent design professional, as well as DDC staff and Partnering department personnel. The DDC is composed of multiple divisions including the Architecture and Engineering Division. The DDC utilizes a numerical rating system to evaluate proposals on the basis of technical merit. The top-ranked firms .are shortlisted and then interviewed. A final consultant. selection is forwarded to ah Executive Consultant Selection Committee (which includes staff from the City's Controller's Office and the Mayor's Office of Management and. Budget) which will certify and approve the results and authorize price negotiations to commence with the selected firm. The Mayor's Office monitors, but does not directly participate in, the consultant selection process. 7 Both the DDC and. the Parks Department are regulated by the Policy and Procurement Board Rules and the Design Excellence Initiative. The City Council is not formally informed of these selections; however, the Mayor's Office of Management and Budget and the Mayor's Office of Contracts bring these projects to their attention. Portland, Oregon The City of Portland has a model where the Selection Panel is comprised of City staff and at least one outside professional. An RFQ/RFP is issued by staff, the Selection Panel reviews proposals, prepares a shortlist, conducts interviews, and recommends the most highly rated firm to the City Council. San Francisco, California The City of San Francisco's Bureau of Architecture (BOA) in the Department of Public Works (DPW) procures design services in conformance with the State of California's contract code. Because San Francisco has a large architecture department composed of a 65-person staff, much of its architectural work is performed in-house. Only very large, high-profile projects are out-sourced. In these instances, staff issues RFOs and RFPs through public notice and invitation. Then a Selection Panel composed of BOA staff, Partnering department staff and related department staff review the proposals and shortlist the firms. Interviews are conducted by the Selection Panel and the firms are given numerical scores. The selection is made by the Selection Panel as the DPW has contracting authority. Any visit to a relevant commission is informational only and provides opportunity for input. DPW then executes the contract. San Jose. California The City of San Jose also uses a model where consultants' qualifications are reviewed and shortlisted by a Selection Committee comprised of City staff and outside professionals. Interviews are held with the same Selection Committee, which recommends one firm with whom to begin contract negotiations. Once all details have 8 been worked out for consultant services, the agreement is presented to the City Council for approval. Santa Rosa..California In the City of Santa Rosa, City. staff forms a Review Board for service contracts over $100,000 to evaluate qualifications/proposals, interview shortlisted firms, and make a recommendation to the City Council for approval. The Review Board can consist of all City staff or a combination of City staff and an outside professional, an official City Board/Commission member, or a City Council member. Seattle, Washington In the City of Seattle, City staff issues and evaluates RFQs/RFPs, interviews shortlisted firms, and makes one recommendation to the City Council for any service contracts over $750,000. For service contracts up to $750,000, the initiating department has the authority to execute a contract with the overall best firm. West Hollywood, California The City of West Hollywood forms a Selection Committee made up of City staff and representatives from relevant City commissions, depending on building type. The committee reviews qualifications and develops a shortlist for interviews. The Selection Committee makes a final recommendation to the City Council for approval. Exceptions Variations from the more typical selection processes do occur when a project involves private funds and partners or coordination with: state or federal agencies. The following describes four projects with such exceptions, all of which are public/private partnerships: 9 Central Waterfront (Seattle, Washington) - In June 2010, staff from the City of Seattle's Department of Transportation issued an RFQ to find the design team (urban design and engineering) to design a new urban park in the downtown area of the city. The proposed $600 million design and construction budget is aimed at the removal of a two-level freeway near the water's edge, which will free the land for a linear park in the center of Seattle and a new surface street. Thirty responses for Track A (urban design) were received and reviewed by staff from the City's Planning and Development, Parks, and Transportation Departments, as well as members of the Central Waterfront Advisory Committee, composed of civic and community members. The Selection Panel consisted of City staff from the Department of Transportation, Parks and Planning and Development, two outside peer professionals and members of the Central Waterfront Advisory Committee. Evaluative criteria were developed by City staff (Planning ahd Development, Parks, and Transportation). The initial thirty were reduced to four design. teams, who were then asked to present their design approaches at a public presentation sponsored by the Seattle- Parks Foundation, at which 1,300 people attended. The public's role was to ask challenging questions of the design teams, they did not have any direct role in consultant selection. Consultant selection was made by a committee made up of participants from the Departments of Transportation, Planning and Development, and Parks, two outside peer professionals, one member from the City's Design Commission, one from the City's Art and Cultural Affairs Commission, and a participant from the University of Washington. The City + The Arch + The River (St. Louis, Missouri) - In December 2009, the U.S. National Park Service (leading agency), in conjunction with the City of St. Louis, launched an international design competition to select a design team to create a new design for the Arch grounds, Gateway Arch, and connections to the Mississippi River, including the east bank in Illinois. The project site is owned and managed by the U.S. National Park Service. The competition was sponsored` and organized by the CityArchRiver 2015 Foundation (Governance Group), which includes National Park 10 Superintendent Tom Bradley, St. Louis Mayor Francis Slay, and design industry leaders from both Missouri and Illinois. Financial contributions to the project were handled by the Greater St. Louis Community Foundation, a public charity representing over 350 private funds. The Governance Group appointed. eight jurors to participate in the selection of the design team, and provided the jurors with a group of experts from different governmental agencies to serve as technical advisors. The jurors included a Pulitzer Prize-winning architecture critic, humanities and urban design professors, a former Deputy Director of the National Park Service, a museum curator, ah -urban designer, and renowned landscape architect and architect. The competition comprised of three stages: • Stage I -Portfolio submission, including description of lead designer and statement of design intent. • Stage II -Team qualifications submission, including jury interviews. • Stage III -Team design philosophy submission, including presentation of past work and design concepts at public events and meetings. In September 2010, the jurors forwarded their final ranking and recommendations. to the Governance Group and on September 24, 2010, the .selection of Michael Van Valkenburgh Associates was announced for the project. The High Line Park (New York City, New York) - In 2004, a private funding organization ("Friends of the High Line") was formed and, partnering with the City of New York, began their process of finding a design consultant for the High Line project. The process ran for six months and 52 teams responded to the RFQ issued by the partnership. Seven teams were shortlisted and the list of seven was narrowed to four finalist teams who were then asked to participate in a design competition. In October 2004, a Steering Committee made up of representatives from the City of New York and Friends of the High Line made their decision to select the design team. The jury was composed of members from the City's staff as well as from the private funding 11 organization. The composition of the design jury was not publically released at the time. The breakdown of participants was the following: • 4 Friends of the High Line (Private Donors) 1 City Council member who had had a previous involvement in the "Campaign to Save the High Line" track from demolition. He-did not act on behalf of the City Council in his capacity as jury member. • 5 City Staff (Economic Development Corporation, Planning, Mayor's Office of Economic Development, Parks & Recreation, Cultural Affairs) Because the High Line .project was a public/private partnership, was a design competition, and involved a large percentage of private funding, the City's typical selection process was not utilized in the consultant selection process. Millennium Park (Chicago, Illinois) - As with the. High Line in New York, Chicago's Millennium Park project was a partnership between the City of Chicago and the private/not-for-profit "blue-ribbon" committee named "Millennium Park, Inc." Funding. amounts for the park were divided nearly equally between private and public funding sources. The initial Millennium Park master plan was the work of a design firm appointed by the City from a list of pre-qualified, on-call design consultants, which the Transportation Department assembled from a previous RFQ process. Their work provided the framework and background for the selection of architects, landscape architects, and artists to design the parts and pieces of the park. The design firm worked closely with City staff and private donor teams to organize competitions for the other consultants to design pieces of the park. The City of Chicago's. Transportation Department was replaced as the original Partnering group "overseer" of the project by the Public Building Commission (PBC) due to the predominantly private sources of funding. The PBC is a private management company that was formed to oversee the construction of public projects: The City of Chicago is a client of the PBC. 12 Gehry Partners, LLP was initially invited by the lead design firm, without a formal selection process, to participate by designing the bandshell at the park. Through the combined efforts of private and public sources, Gehry took the commission. The other artists and landscape architects who contributed designs to the park were selected through various design competitions, which were juried and selected by panels comprised of local architects, donors, civic and business leaders, and the Mayor. The City Council (Aldermen) was not involved in the selection of the design consultants. Financial Impacts & Budget Actions There are no financial impacts or budget actions as a result of this report. Prepared by: Miriam Mulder, Architecture Services Manager Approved: c Martin Pastucha Director of Public Works Forwarded to Council: Rod Gould City Manager Attachment A - Matrix of Municipal Design Consultant Selection Processes 13 ~6-b Attachment A Matrix of Municipal Design Consultant Selection Processes City Review/Shortlisting/Intefview FinafConsultant Selection Austin, Texas <x +~*~s Baltimore, Maryland ~ ~'a-° Berkeley, California V V A' ~~+ Campbell, California T ~ ~ Chicago, Illinois v /~® v /~ Culver City, California x~ ~~ Daly City, Califomia x Fresno, California v h ~~ Glendora, California ~ ~~" Inglewootl, California ''x ~.+ Laguna Niguel, California New York, New York x® x O Portland, Oregon xO r ss n ia'b+ San Carlos, California -x ~~ San Francisco, California x x San JOSe, Califomia x® ~~ Santa Cruz, California x x Santa Monica, California x °.s:~ Santa ROSa, California ~~''** x83 rxgO~a ~~.. Seattle, Washington - x St. Louis, Missouri `n x Stockton, California /~ ~~ ' Suisun, California x ~"~° Turlock, California y x ~~° West Hollywood, California ~~ ~' Woodland, California 'X x X = by Staff O = by an Outside Professional B = by a Board or Commission Representative ~' = isy a CoLlnciP bomber GC = ~'f City CotanciE based on S.ai# recommefsdaiioil