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HomeMy WebLinkAboutAGMT - TEAM Real Estate & TEAM Design (Consulting Services for the Seal Beach Municipal Pier)TE/AWk August 23, 2021 City of Seal Beach Ms. Jill Ingram, City Manager 211 Eighth Street Seal Beach, CA 90740 Subject: TEAM Real Estate & TEAM Design Consulting Services for the Seal Beach Municipal Pier Dear Ms. Ingram: Jeff Bergsma and I very much enjoyed meeting you, Barry and Mayor Kalmick last week to discuss how our TEAM could provide professional consulting services to help the city determine the best options available to bringing back food services to the City Pier. As requested, please see our scope of services below. We will remain flexible to modify scope as needed at your direction. 1. Prepare Base Plan and Program Criteria — (2 weeks) In coordination with City Staff, prepare base plan and elevation that illustrates the possible allowable building envelope; footprint and height restrictions, respecting all City and Coastal Commission requirements for setbacks, ADA access, view corridors et al. 2. Prepare Conceptual Design and Economic Plans — (4 weeks) Once the allowable building envelope has been verified, TEAM will prepare multiple plan and elevation layouts for the purpose of generating discussion, first with Staff and Council, and refine as directed. 3. Conduct Public Townhall Charette — (1 week) The goal of preparing the above conceptual plans would be to utilize them to generate public discussion and general outlook. We suggest holding one or more public forums to share the conceptual vision and to have a dialogue with the community attendees on what they do and do not like about each concept. Of course, there will be those that do not want to do anything ever and we would politely note their input, but our main focus would be to coax "constructive" input on both design & function issues and desired uses. The kind of food and drink offerings? For example: pizza by the slice, sandwiches, burger & fries, fish, etc.? Should alcohol be allowed? If so, just beer & wine? Live music? 221 Main Street, Suite "H" — Huntington Beach, CA 9264 714-536-5888 P 71.4-536-5889 F 4. City Council Presentation of Viable Concepts Per City Manager's direction, TEAM could then make a formal presentation to the City Council in whatever format (informal study session or public meeting) to share the viable development concepts along with a summary of the economics of each. Council could then direct Staff and/or TEAM to prepare a maximumly transparent and inclusive RFQ/RFP process to receive development proposals for one or more of the food service concepts presented. Total Fee: $30,000 for above listed Scope of Services 1-4: to be paid in 3 installments of $10,000 each; 1St at execution of this letter agreement, 2nd after completion of Scope 1 & 2, (preparation of plans) and the 31d after completion of Scope Nos. 3 & 4 (presentation of viable concepts to City Council) or no later than 60 days after completion of Scope No. 3 should Council decide not to proceed with any options. Schedule of Performance We anticipate being able to complete all of the above over the next 60-90 days. Potential Additional Future Scope of Services (Not a Part of this Agreement) If we collectively and successfully get through the above, we can discuss next steps and if so desired, can prepare a subsequent proposal to possibly address preparation and processing of the actual CDP/CUP application, preparation, distribution and solicitation of RFQ/RFP for operators. Thank you, Ms. Ingram for providing TEAM with the opportunity to present this Scope of Consulting Services for your consideration. Please do not hesitate to contact us directly at 714-315-2143 if you have any questions. I have also attached our Bios for your review. Sincerely, jei�th Bohr, Broker Jeff Bergsma, Architect & General Contractor TEAM Real Estate TEAM Design & Construction #01216667 #C21085 & #13502378 Approved: 011' FEW� / 221 Main Street, Suite "H° — Huntington Beach, CA 9264 714-536-5888 P 714-536-5889 F Keith Bohr Project Management and Development TEAM Real Estate Principal, Keith Bohr, a licensed California Real Estate Broker (#01216667), spent his first ten years after graduate school working for local Southern California Redevelopment Agencies (Huntington Beach, Long Beach and Tustin) performing project management, successfully negotiating many project agreements (Leases, ENA's, DDA's, DA's & OPA's) in excess of quarter of a billion dollars. As a Real Estate Broker, he has negotiated an additional $300 million in real estate transactions. Keith has more than 30 years of successful experience advocating for and processing building entitlements through various cities (ZA, PC, CC and CA Coastal Commission) in both California and Arizona. Keith along with SCP Jeff Bergsma has also developed a couple of mixed-use residential condos over commercial projects in Long Beach and San Pedro. Mr. Bohr has the valuable experience and unique perspective of being a locally elected Huntington Beach City Councilman, serving two four-year terms (2004 - 2012) inclunding the great honor serving as its Centennial Mayor in 2009. Keith enjoyed working to raise HB's national and international profile as it continued to develop into a major tourist destination, working closely with the HB Vistors Bureau (Visit HB) to distinguish HB as "Surf City USA." Jeff Bergsma Master Builder - Architect/Contractor Jeff Bergsma is the Principal of TEAM Design & Construction, Inc. He is an experienced commercial builder with over 30 years as an Architect/Contractor oversseing development from acquisition to design through construction. Jeff received his Bachelor of Architecture Degree from the University of Arizona in 1983. He was the President of the College of Architecture in 1982 and the first football player to receive a Degree in Architecture in the PAC -10 Conference. Team Design & Construction, Inc. is a multi -disciplinary development, design and construction firm. Jeff Bergsma holds the following licenses: California Architects License - C21085 California Contractors License - B502378 Arizona Architects License - 311898 Colorado Architects License - C5432 National Council of Architectural Registration Board - 47,842 California Office of Emergency Services Certified Safety Assessment Professional Jeff is part of the American Institue of Architects, Urban Land Institue and International Building Conference. A � o' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 09/2212021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (858) 642-0200 Fax: (858) 642-0205 ALL COMMERCIAL INSURANCE SERVICES, LLC. 6790 TOP GUN STREET #3 SAN DIEGO CA 92121 CONTACT ALL COMMERCIAL INSURANCE SERVICES, LLC. NAME: PHONE FAX (858) 642-0205 AIC No Extl: 858 642-0200 AIC No E-MAIL ADDRESS: www.2insure.biz INSURER(S) AFFORDING COVERAGE NAIC # INSURER : Mt. Hawley Insurance Company 37974 Agency Lic#: OC64552 INSURED TEAM DESIGN AND CONSTRUCTION, INC. INSURERS AMGUARD INSURANCE CO 42390 :' INSURER :'Falls Lake Fire and Casualty Co. 15884 221 MAIN STREET STE H INSURER D: HUNTINGTON BEACH CA 92648 INSURER E INSURER F rnvcoAr_cc CERTIFICATE NUMBER: 3357655 REVISION NUMBER: v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I NSR NSR WVD SUER POLICY NUMBER MMIDDlYYYY MMIDDY EXP LIMITS A GENERAL LIABILITY MGLO193299 04/28/21 04/28/22 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 50 000 PREMISES (Ea occurence) X COMMERCIAL GENERAL LIABILITY MED. EXP (Any one person) $ 1,000 ; OCCUR CLAIMS -MADE I I PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PRO JECT LOC B AUTOMOBILE LIABILITY TEAU199967 11/06120 11/06/21 COMBINED SINGLE LIMB 1 000,000 (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO HEDULED ALL OWNEDffNCON-OWNED AUTOS UTOS HIRED AUTOS UTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGEX (per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR HCLAIMS-MADE DED I RETENTION S $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? F NIA FLA016993-00 04/28/21 04/28/22 X WOCRYSTATU- . DTHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA, EMPLOYEE $ 1,000,000 (Mandatory in NH) E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Seal Beach Municipal Pier City of Seal Beach, it's officers, employees, and agents are included as Additional Insured on a Primary Non -Contributory basis with respects to general liability per the endorsements attached. rcoTlclrATc un1 nER CANCELLATION City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 MCoats@sealbeachca.gov Attention: M. Coats SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Mark Rubin ACORD 25 (2010105) v lz;000 rv'+a.vr.rr �...." ....—........-...,..U...... .__. The ACORD name and logo are registered marks of ACORD Policy Number: MGL0193299 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) (Vendor) Location And Description Of Completed Operations All persons or organizations where required All "Commercial Construction Projects". For by a written contract executed prior to the the purpose of this Endorsement, "Commercial commencement of your work. Construction Projects" are defined as buildings or structures constructed for commercial use and also include apartments, hotels, homes for the aged, dormitories or barracks. However, "Commercial Construction Projects" shall not include any building or structure which, in whole or in part,contains individual owner occupied units or dwellings. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused by your negligence at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional in- sured is: 1. The minimum amount required by any contract or agreement you have entered into to provide addi- tional insured coverage; or 2. Available under the applicable Limits of Insurance shown in the Declarations; 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the insur- ance afforded to such additional insured will not This endorsement shall not increase the applicable be broader than that which you are required by Limits of Insurance shown in the Declarations. the contract or agreement to provide for such additional insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 20 3708 16 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Insured Policy Number: MGLO193299 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, signed by both parties prior to the date of "occurrence" or offense, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by: 1. Your negligence; or 2. The negligence of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are re- quired by the written contract or written agree- ment to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your oper- ations for that additional insured are completed. B. With respect to the insurance afforded to these ad- ditional insureds, the following additional exclusions apply: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engi- neering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. This insurance does not apply to: C. With respect to the insurance afforded to these addi- 1. "Bodily injury", "property damage" or "personal tional insureds, the following is added to Section III — and advertising injury" arising out of the rendering Limits Of Insurance: of, or the failure to render, any professional archi- The most we will pay on behalf of the additional tectural, engineering or surveying services, insured is: including: CGL 20 33 08 15 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Insured 1. The minimum amount required by the written contract or written agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CGL 20 33 08 15 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 Insured Policy Number: MGLO193299 x Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects. All Designated Construction Project General Aggregate Capped At: $10,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construc- tion project shown in the Schedule above: 1. A separate Designated Construction Project Gen- eral Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. If there is more than one desig- nated construction project, the Designated Con- struction Project General Aggregate is subject to an All Designated Construction Project General Aggregate Cap, listed in the Schedule above, which is the most we will pay, regardless of the number of designated "projects." 2. Subject to the All Designated Construction Project General Aggregate Cap, the Designated Con- struction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for dam- ages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated con- struction project and shall also reduce the All Designated Construction Project General Aggre- gate Cap. Such payments shall not reduce the General Aggregate Limit shown in the Declara- tions nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Oc- currence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and the All Des- ignated Construction Project General Aggregate Cap. CGL 25 03 (08/19) Contains copyrighted material of Insurance Services Office, Inc. Page 1 of 2 Insured { .y Policy Number: MGLO193299 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition (2) You have agreed in writing in a contract or agree - and supersedes any provision to the contrary: ment that this insurance would be primary and would not seek contribution from any other in - Primary And Noncontributory Insurance surance available to the additional insured. This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured B. For all sums which the insured becomes legally obli- C. gated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section 1 — Coverage C, which cannot be attributed only to on- going operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for dam- ages or under Coverage C for medical expenses shall reduce the amount available under the Gen- eral Aggregate Limit or the Products -Completed D. Operations Aggregate Limit, whichever is applica- ble; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit or the All Designated Construction Project General Aggregate Cap. E. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily inju- ry" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit, the Desig- nated Construction Project General Aggregate Limit, nor the All Designated Construction Project General Aggregate Cap. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties devi- ate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall con- tinue to apply as stipulated. CGL 25 03 (08/19) Contains copyrighted material of Insurance Services Office, Inc. Page 2 of 2 Insured