BUFFALO GREEN CODE IMPLEMENTATION PROGRAM

REQUEST FOR PROPOSALS BUFFALO GREEN CODE IMPLEMENTATION PROGRAM Honorable Byron W. Brown, Mayor Office of Strategic Planning Room 920 City Hall Buffalo, New York 14202 Byron W. Brown, Mayor Brendan R. Mehaffy, Executive Director Mayor s Office of Strategic Planning

I. REQUEST FOR PROPOSALS The City of Buffalo Office of Strategic Planning requests proposals to complete the Green Code Implementation Program. Submissions will be received until 4:00 PM, Eastern Standard Time, November 11, 2016. II. PROJECT BACKGROUND Buffalo is in the process of adopting the Buffalo Green Code, which includes a comprehensive update of the city s 63-year old zoning code. The updated zoning will be a form-based code that will help reinforce and redevelop neighborhoods as walkable, transit and bike-friendly places, embracing smart growth, reducing pollution, and improving neighborhood livability. By encouraging compact development, the code will present an alternative to conventional zoning, which tends to promote suburban sprawl and the environmental consequences inherent to such development patterns. The new code will also support sustainability by providing legal clarity for the development of urban agriculture, renewable energy systems, as well as providing stormwater management and outdoor lighting controls. The Green Code Implementation Program will advance the new code from an adopted set of regulations to a fully-functioning development regulatory system. The Implementation Program is a multi-component program to train city staff, board members, elected officials, and community stakeholders on the Green Code, and to develop accessible and user-friendly print and web-based materials. The Program will help ensure development projects advance seamlessly under the new regulations, which will be critical in launching the new code and maintaining community confidence. Successful implementation of the Green Code will set a positive tone for supporting future smart growth and sustainable development initiatives throughout the Western New York region. Information regarding the Green Code, including the proposed zoning update (Unified Development Ordinance) can be located online at buffalogreencode.com. 2

III. Scope of Work A. Training and Outreach The new code will be significantly different than the city s existing zoning code, which was adopted 63 years ago. Staff from multiple departments (including the Office of Strategic Planning, Department of Permit and Inspection Services, Department of Public Works, Corporation Counsel s Office, and City Clerk s office); members of the Planning, Zoning, and Preservation Board; and the Common Council and their staff will need to be thoroughly trained on the new code and its processes. In addition to training city personnel and board members, key stakeholders will be offered the opportunity to learn about the details of the new code, its processes, and benefits. Stakeholder groups that will be engaged include: the business and development community, design professionals, attorneys, elected officials, and neighborhood leaders. Marketing the Green Code and the forms of sustainable development it will encourage (such as mixed-use walkable urbanism, complete streets, renewable energy systems, etc.) will be essential. In addition, communicating the benefits of sustainable development, neighborhood revitalization, and the positive environmental results it will facilitate, will help achieve the potential of the Green Code and will inspire other communities in the region to embrace similar practices. Specifically, the contractor will complete the following: 1. Training sessions - Engage relevant city personnel and board members in training sessions to ensure understanding of the new code and proficiency with its administration. Use of example projects for demonstration and practice will be incorporated into the sessions. 2. Stakeholder workshops Stakeholder groups will be provided the opportunity to learn, discuss, and ask questions about the new code at workshops events. Workshops will be conducted to provide an opportunity for stakeholders to learn about the details of the new code, its processes and benefits. 3. Communications Strategy. Prepare and implement a communications strategy aimed at conveying the key principles of the Green Code and UDO, and how placebased zoning will reinforce neighborhood character and Buffalo s traditional urban development pattern. A variety of communication approaches including pamphlets/brochures, online/social media, traditional media sources, etc. may be employed to reach the broad range of stakeholders and citizens, inclusive of Buffalo s diverse population. 3

4. Website Review and Recommendations. Updating the city s website to successfully incorporate the new code and related information will be integral to the code s implementation. The contractor will provide detailed recommendations, including best practices and examples from other cities, to assist OSP and the MIS department in designing web updates to support the integration of the new code and provide a high level of online functionality in a user-friendly format. Deliverables: Staff training program and summary. Stakeholder meeting program and summary. Communications strategy and marketing materials. Website recommendations. B. Technical Support 1. Preparation of Green Code Guidebook. A guidebook will be prepared to provide an overview and user-friendly guide for navigating and understanding the new code. The guidebook is intended to be used for training and public education, and will offer a valuable resource for those unfamiliar with the new code. The guidebook will include: a. An introduction that describes the UDO and its key features including form-based zoning and public realm standards that make it a cutting edge, place-based code. b. Key aspects and summary of each section of the UDO. c. Flowcharts that clearly illustrate the steps required for understanding what zone a property is designated and the types of development allowed. d. Flowcharts that illustrate the steps required for the various development approval processes. 2. Preparation of Transportation Demand Management Policy Guide. The Green Code zoning update includes a Transportation Demand Management (TDM) section which requires certain development projects to complete a TDM plan aimed at reducing single occupancy vehicles and encouraging alternative modes of transportation. Though a set minimum number of off-street parking spaces is not mandated by the new code, projects requiring a TDM plan must show that the project meets transportation demand without placing an unreasonable burden on public infrastructure, including on-street parking. In order for a project requiring a TDM plan to be approved, the city planning board must first approve the TDM plan. 4

a. The guidebook will be a user-friendly guide that provides the requirements for completing a TDM plan. Prior to the new zoning code becoming effective, the TDM Guidebook must be adopted by the planning board. The process for completing a TDM Policy Guide, including the analysis of a project s transportation demand, will be set forth in the TDM Policy Guide. It may include references to accepted manuals in the transportation industry including: Institute of Transportation Engineers (ITE) Trip Generation Manual ITE Parking Generation Manual Urban Land Institute s Shared Parking Manual 3. Preparation of Zoning forms. The Green Code zoning code update includes a more clear and understandable set of zoning approvals and processes, which will require new zoning approval form to be prepared to be consistent with the new code. Each form will be clear and concise and include all information necessary for administering the specific application under the new code. In addition, the forms will be formatted for both hardcopy and electronic submission. Deliverables:Green Code Guidebook. TDM Policy Guide. Zoning Form Preparation. IV. BUDGET The City of Buffalo was awarded a grant through the New York State Energy Research and Development Authority (NYSERDA), Cleaner Greener Communities Program. The City anticipates utilizing $115,000 of this grant for consultant expenses on the Buffalo Green Code Implementation Program. V. TIMELINE The City anticipates an accelerated schedule for the Buffalo Green Code Implementation Program. Specifically, technical support and training tasks will be required to be completed within the first six weeks from the project start date. The project is anticipated to begin in December 2016 with organizational tasks and meetings, in preparation for the primary project tasks to commence the first week of January 2017. 5

VI. PROPOSAL FORMAT All RFP submissions shall include the following minimum information: A. Cover Letter Each consultant team submission in response to this RFP must be accompanied by a cover letter signed by an officer of the lead consultant. Note: a consultant team may consist of one firm or a group of firms that have agreed to collaborate on the proposal/project. B. Project Understanding and Approach Provide a description of the intended approach to the project that demonstrates an understanding of the issues and tasks and how the consultant intends to address them. C. Description of the Organization, Management, and Team Members Outline the organizational and management structure for the project. Identify who will be the project manager and describe the anticipated roles of key project personnel. D. Organization Qualifications Provide a summary of the consultant team s qualifications indicating relevant experience and capabilities. Indicate the qualifications of the consultant team members who would work on the project. E. Scope of Work The proposal must include a description of each task and how it will be addressed. At minimum, the Scope of Work should address the required tasks described in Section III of this RFP. F. Project Timeline/Implementation Schedule The city anticipates that the Project will be completed in an expeditious manner in order to be prepared to implement the new code upon it becoming effective. Provide a detailed project timeline inclusive of all milestones, meetings, and deliverables proposed to complete the project. G. Proposed Budget Provide a lump sum fee proposal for services to complete the project. The budget must provide a breakdown of the costs and hours for the project on a task-by-task 6

basis, as well as for each consultant firm, inclusive of reimbursables. Hourly rates for all project personnel must be included and be binding for a minimum of one year. The budget must include production of all deliverables associated with the Scope of Work. H. Completed and Signed Mandatory Forms As part of the submission requirements, the proposer must complete and submit forms attached to this RFP. VII. PROPOSAL RULES A. Signatory. Each proposer shall sign said proposal with his/her full name, in his/her own handwriting, and, if a partnership, each partner must sign; if a corporation, the corporate name shall be signed, and signed and acknowledged by a duly authorized officer thereof. The proposer shall be totally responsible for all terms, conditions, promises, data, representations, and information included in its proposal. B. Right of Rejection and Waivers 1. The proposer will not be allowed to take advantage of any errors or omissions in this RFP or the proposal submitted. The City reserves the right to reject any and all proposals on any or all items in the proposal and to waive any informality. The information contained herein has been obtained from sources considered reliable; no representation or warranty is made as to its completeness or accuracy. Furthermore, each prospective proposer is to rely exclusively upon its own investigation, evaluation, and judgment as to the undertaking the Scope of Work described herein. 2. This RFP is not a contract or commitment of any kind by the City of Buffalo, and does not commit the City to award an agreement. Neither is the City obligated to pay any cost incurred in the submission of a proposal. The City, at its sole discretion, reserves the right to accept or reject, in whole or in part, any material received in response to this request, to negotiate with any qualified proposer, or to cancel this RFP. 3. Should there be any question concerning these specifications, or the intent of these specifications, the prospective proposer shall submit a written statement to the official contact and in the manner and by the deadline identified. The City will not consider any proposer that does not respond in detail to each provision of the RFP. 7

4. The City reserves the right to award to only a portion of the firms identified in a proposal, or to all of the firms identified in a proposal, or to reject any or all proposals. 5. The City may also reduce or eliminate Scope of Work before or after a proposer is selected. 6. Selection of the successful proposer will be subject to the parties entering into and executing an agreement with the City. C. Performance. All proposers shall be expected to perform all services listed within the Scope of Work section and the bid must reflect the performance of all services relevant to the Scope of Work and necessary for completion of Deliverables and Technical Support. D. Non-Collusive Bidding Certification. If the proposer is a corporation, the execution of the non-collusive certification in the form of proposal shall be deemed to include the signing to non-collusion as the act and deed of the corporation. No proposal shall be considered for an award nor will any award be made to a proposer where the proposal does not include the statements as to non-collusion as set forth in the form of proposal herein, provided however, that if in any case the proposer cannot make the foregoing certification, the proposer shall so state and furnish with the bid a signed statement which sets forth in detail the reasons therefore. In such event the proposal shall not be considered for award nor shall any award be made unless the Director of Purchase determines that such disclosure was not made for the purpose of restricting competition. In this connection, it should be noted that the fact that a proposer has published price lists, rates or tariffs covering items being procured or has informed prospective customers of the proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same price as being bid, does not constitute, without more, a disclosure to any other proposer or to any competitor within the meaning of the non-collusive certification included in the form of proposal. E. Inquiries Regarding RFP. Any questions or clarifications regarding this proposal must be submitted in writing by e-mail no later than 4:00 p.m. on November 4, 2016 to jfell@city-buffalo.com. This shall be the sole method of contact for inquiries regarding the RFP. Information received by the proposer regarding this RFP from any other source cannot be relied upon and the City of Buffalo cannot be held accountable for that information. 8

F. Inappropriate Activity. Attempts by a proposer to seek information by any other means than those identified or to lobby, or otherwise influence individuals within Buffalo City Hall, either directly or indirectly, regarding this RFP, will be grounds for disqualification. If a proposer becomes privy to information regarding inappropriate attempts by members of the proposer s team or another proposer to contact and/or influence individuals within City Hall regarding this RFP, the proposer must notify the City of Buffalo via the above contact method immediately so appropriate action can be pursued. The proposer waives any and all objections if the proposer is privy to information regarding inappropriate contact before the announcement of the selected proposer, but fails to inform the City of Buffalo until after a proposer is selected. G. Proposal Information. All proposers should carefully mark Proprietary Trade Secret on any documents within their proposal that should not become a public document. Otherwise any information given to the City or the selection panel in any correspondence, discussion, meeting or other communication between the proposer and the City or its representatives before, with or after the submission of the proposer s response to this RFP, either orally or in writing, will not be deemed to have been given in confidence and may be used or disclosed to others for any purpose at any time without obligation or compensation and without liability by the City of Buffalo of any kind whatsoever. The foregoing applies to any information, whether or not given at the invitation of City staff or the selection panel. The release of information marked Proprietary Trade Secret is ultimately subject to the New York Freedom of Information Law and the City cannot be held responsible for the release of information that, in the opinion of the City s Law Department, the statute mandates. H. Affirmative Action Statement. The Bidder Affirmative Action Statement indicates that you will work toward a minority workforce goal of 25%, and woman workforce goal of 5% and a business utilization goal for minority business enterprise of 25% and woman business enterprise of 5%. I. Sections 103-a MUNICIPAL LAW. As required by Section 103-a of the General Municipal Law of the State of New York, the following clause is hereby inserted and shall be considered as part of the proposal and any resulting Management Agreement. Upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the state any political subdivision thereof, a public authority or with any public department, agency or official of the state or of 9

any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract: i. such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting proposals to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency or official thereon, for goods, work or services, for a period of five years after such refusal; and ii. any and all contracts made with any municipal corporation or any public department, agency or official thereof, since July 1, 1959, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damage on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. J. Proposal Expenses. Expenses incurred in the preparation of submissions shall be borne by the Consultant Team with the express understanding that the firm(s) may not apply to the City of Buffalo for reimbursement. 10

VIII. SELECTION PROCESS Responses to this RFP will be considered, as follows: A. Completeness of the Submission B. Project Understanding and Approach The consultant s demonstrated understanding of and approach to the project. C. Scope of Work An assessment of the overall quality of the proposal, including the consultant s approach to complete each task, and the inclusion of any innovative strategies designed to enhance the effectiveness of the proposed work. D. Ability to Successfully Carry Out and Manage the Project Demonstrated ability to efficiently and effectively complete the project, including related project experience; expertise of the project manager and other key personnel; ability to work with community members and governmental bodies; understanding of applicable laws and regulations; ability to expeditiously manage the project, including realizing timetables and quality control objectives; and provision of relevant references. E. Reasonableness of Budget An assessment of the affordability and reasonableness of the project budget in relation to the proposed work plan. F. Timetable The ability of the consultant to successfully complete the proposed Scope of Work within a short timeframe. Completion of the project will be required prior to the scheduled effective date for the new code, which is anticipated to be in early 2017. 11

PART VI Submission Information RFP Timeline Pre-Submission Inquiries Due November 4, 2016 at 4:00 pm Responses Due November 11, 2016 at 4:00 pm Interviews Starting November 17, 2016* * Interviews may take place remotely. NOTE: The project start date is anticipated shortly after the RFP/selection process has concluded. Submission Details/Deadline: An email with an attached PDF file containing the proposal, clearly marked on the subject line: Buffalo Green Code Implementation Program, should be sent to John Fell, Senior Planner, at jfell@city-buffalo.com, no later than November 11, 2016, 4:00 PM EST. Questions regarding RFP should be directed to: Mr. John Fell, AICP Senior Planner Office of Strategic Planning Email: jfell@city-buffalo.com See Proposal Rules above. Byron W. Brown, Mayor Brendan R. Mehaffy, Executive Director Mayor s Office of Strategic Planning 12