HomeMy WebLinkAboutAGMT - RRM Design Group (Pier Restrooms & Main Street Improvements) • a ` s / � ,/ZILGt�i
AGREEMENT FOR PUBLIC IMPROVEMENT DESIGN SERVICES
MAIN STREET, SEAL BEACH, CALIFORNIA
1 THIS AGREEMENT, is made and entered into this d - day of
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2 r � , 1996, by and between the CITY OF SEAL BEACH (hereinafter called
3 "City"), and RRM DESIGN GROUP, (hereinafter called "Consultant ").
4
5 RECITALS
6
7 WHEREAS, City is a municipal corporation duly organized and validly existing
8 under the laws of the State of California as a Charter City, with the power to carry on its business
9 as it is now being conducted under the Statutes of the State of California and the Charter of the
10 City; and
11
12 WHEREAS, the implementation of the "Main Street Specific Plan" requires the
13 development of an overall public improvement design plan and the City has determined it is
14 necessary to hire a consulting design firm to prepare the appropriate conceptual design plans for
15 streetscape, pier plaza, and restroom improvements, and detailed construction plans and
16 construction specifications for public restrooms; and
17
C:\My Documenis\MAINST.RFQ\Revised MAIN STREET DESIGN SERVICES AGRMNT.doc\LW\12-19-96
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Main Street Public ImprovementDesign Services Agreement-
RRM Design Group
December 1996
1 WHEREAS, City and Consultant desire to enter into an agreement for professional
2 services for the provision of design and implementation services in conjunction with the Main Street
3 Specific Plan Public Improvement Design Services program; and
4
5 WHEREAS, Consultant represents that it is able to perform the requested
6 preparation of appropriate conceptual design plans, detailed construction plans, and construction
7 specifications in accordance with all applicable laws and guidelines, including the "City of Seal
8 Beach Main Street Specific Plan".
9
10 NOW, THEREFORE, the parties do mutually agree as follows:
11
12 Section 1. Consultant's Services. Consultant shall perform professional
13 services in connection with the project as set forth in Exhibit A, Scope of Services, dated
14 November 12, 1996, prepared by Consultant, attached hereto and made a part hereof by reference,
15 including the following services:
16
17 (a) Overall project management and development of work products, including
18 without limitation: preparation of required conceptual plans; coordination with the public and
19 affected property owners; preparation of final concept plans; preparation of final construction plans
20 and specifications for the public restrooms at the pier and City Hall.
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December 1996
1 (b) Provide, as determined appropriate, construction documents for building
2 architecture for the restoom buildings, and landscape architecture and civil engineering document
3 appurtenant thereto.
4 (c) The project documents described herein and in Exhibit A shall be prepared
5 in compliance with all applicable laws and current best management construction design and
6 implementation practices.
7 (d) When requested, Consultant shall attend and participate in meetings with
8 City staff and public meetings before the City's Planning Commission and City Council which
9 involve the project, as set forth in the "Scope of Services ". For public meetings in excess of two
10 which Consultant is requested to attend by City, Consultant shall be compensated at the rate set
11 forth in the "Schedule of Fees ", attached hereto as "Exhibit B ", and incorporated herein by
12 reference.
13 (e) Consultant shall supply City with those documents as indicated in the
14 "Scope of Services" in the following numbers; one (1) unbound, camera ready, original and twenty
15 (20) bound copies of each document being provided; one (1) reproducible original and twenty (20)
16 . copies of each graphic plan being provided.
17
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Mwn Street Public Improvement Design Services Agreement -
RRMDesign Group
December 1996
1 Section 2. Time of Performance. Consultant shall complete all services set
2 forth in "Scope of Services ", Exhibit A, Section IV. Schedule. The foregoing time schedule may
3 be modified by the mutual written consent of the parties hereto.
4
5 Section 3. Compensation. City agrees to compensate Consultant, and
6 Consultant agrees to perform the tasks and deliver the products outlined in Exhibit A for a total of
7 fee and reimbursable expenses not to exceed $47,302.00, unless contract price amendments are
8 required and approved in writing by the City Council.
9
10 Consultant shall be entitled to reimbursement for necessary out -of- pocket expenses
11 incurred by the Consultant in the performance of this Agreement for FAXs, postage, photographic
12 and graphic costs, printing and duplication costs, messenger costs, and pro rata share of travel
13 costs. Reimbursable expenses shall be billable at the actual costs per Exhibit A -1, attached to
14 Exhibit A, subject to the billing arrangement set forth herein.
15
16 Within fifteen (15) days after the last day of any month, the Consultant shall submit
17 an invoice to the City itemizing tasks performed and reimbursable expenses. In turn, City shall pay
18 to Consultant each such invoiced amount within thirty (30) days of City's receipt of such invoices
19 from Consultant.
20
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Main Street Public Improvement Design Serviau Agreement -
RRMDesign Group
December 1996
1 If Consultant is requested by City to revise or supplement any of the required
2 documents with additional data, information or analyses solely as a result of the draft document's
3 failure to comply with the requirements of the Scope of Services, the provisions of the Main Street
4 Specific Plan, or the referenced documents in the Scope of Services, Consultant shall provide such
5 revision or supplement at no additional cost to the City. If there is a serious difference of opinion
6 between the Consultant and City regarding compliance with the Scope of Services, then an
7 Arbitration procedure shall be mutually agreed upon.
8
9 Section 4. Independent Contractor. Consultant and its subcontractors shall act
10 as independent contractors, and shall have no power to incur any debt or obligation for City.
11 Neither City or any of its officers or employees shall have any control over the conduct of
12 Consultant, or any of Consultant's employees or subcontractors, except as herein set forth, and
13 Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its
14 agents, servants, subcontractors or employees, are in any manner agents, servants or employees of
15 City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly
16 independent contractor and Consultant's obligations to City are solely such as are prescribed by this
17 Agreement.
18
19 Section 5. Assignment. This Agreement may not be assigned in whole or in
20 part, without the prior written consent of City. City acknowledges and agrees that Richard Best,
21 AIA, will be a subcontractor to Consultant for the purposes as set forth in Exhibit A.
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Alain Street Public Improvement Design Service Agreement -
RRMDesign Group
December 1996
1 Section 6. Document Ownership. City and Consultant agree that any and all
2 original documents, studies or plans prepared as a result of this Agreement shall be the sole
3 property of City after payment for services rendered. All reports, information, data and exhibits
4 prepared or assembled by Consultant in connection with the performance of its services pursuant to
5 this Agreement are confidential until released by City to the public and Consultant agrees that they
6 shall not be made available to any individual or organization without prior written consent of the
7 City prior to such release.
8
9 All such reports, information, data and exhibits shall be delivered to City upon
10 demand without additional cost or expense to City. The required documents shall be provided to
11 City in hard copy reproducible form and also in Microsoft Word Version 6, or higher, format. All .
12 charts, tables, figures, and maps which are prepared with computer -based mapping or spread -sheet
13 programs shall be provided to City in a format acceptable to City.
14
15 Section 7. City: Liaison. Consultant shall perform under the general
16 supervision of the City Manager of City or his designee, and all communications, instructions and
17 - directions on the part of the City shall be communicated exclusively through the City Manager or
18 his designee.
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20 Section 8. Personnel. Consultant represents that it has, or shall secure at its
21 own expense, all personnel required to perform Consultant's services under this Agreement.
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Main Street Public ImprovenueuDesign Services Agreement -
RRMDesign Group
December 1996
1 Consultant may associate or employ associates or subcontractors in the performance of its services
2 under this agreement, but at all times shall be responsible for their services.
3
4 Section 9. Data and Services to be Furnished by City. All information, data,
5 records, and maps as are in possession of City and necessary for the carrying out of this work shall
6 be available to Consultant without charge.
7
8 Section 10. Insurance. Consultant shall obtain at its • own expense and shall
9 maintain in full force and effect throughout the term of this Agreement insurance as indicated
10 below. Consultant shall submit to City certificates indicating compliance with the following
11 minimum insurance requirements not less than one (1) day prior to the beginning of performance
12 under this Agreement.
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14 (a) Worker's Compensation Insurance to cover its employees as required
15 by the California Labor Code.
16 (b) Comprehensive general and automobile liability insurance protecting
17 Consultant in amounts not less than $1,000,000 for personal injury to any one person,
18 ' $1,000,000 for injuries arising out of any one occurrence, and $500,000 for property
19 damages or a combined single limit of $1,000,000.
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Main Street Public Improvement Design Servico Agreement
RRMDesign Group
• December 1996
1 (c) Each such policy of insurance shall:
2 (1) Be issued by an insurance company which is an admitted
3 insurer in the State of California.
4 (2) Name and list as additional insured the City, its officers,
5 agents and employees.
6 (3) Specify it acts as primary insurance.
7 (4) Contain a clause substantially in the following words, "It is
8 hereby understood and agreed that this policy shall not be canceled or materially changed except
9 upon thirty (30) day's prior written notice to the City of Seal Beach of such cancellation or material
10 change as evidenced by a return receipt for a registered letter."
11 (5) Insure the operations of Consultant pursuant to the terms of
12 this Agreement.
13
14 (d) Consultant shall not commence the performance of its services under
15 the contract until the above insurance has been obtained and Certificates of Insurance have been
16 filed with City.
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18 Section 11. Indemnification.
19
20 (a) Consultant shall indemnify the City and its officers, employees and
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Main Street Public improvement Design Services Agreement -
RRMDeaign Group
December 1996
1 agents against, and will hold and save them and each of them harmless from, any and all actions,
2 claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or
3 claimed by any person, firm, entity, corporation, political subdivision or other organization arising
4 out of the negligent or intentional tortious acts, errors or omissions of Consultant, its agents,
5 employees, subcontractors, or invitees
6
7 (b) Consultant will defend the City, its officers, agents and employees
8 from and against any action or actions filed in connection with any of said claims, damages,
9 penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees for
10 counsel of City's choice incurred in connection herewith;
11
12 (c) Consultant will promptly pay any judgment rendered against the
13 City, its officers, employees or agents for any such claims, damages, penalties, obligations or
14 liabilities:
15
16 (d) In the event the City, its officers, employees or agents is made a
17 party to any action or proceeding filed or prosecuted against Consultant for such damages or other
18 claims arising out of or in connection with the sole negligence of Consultant hereunder, Consultant
19 agrees to pay City, its officers, employees or agents, any and all costs and expenses incurred by
20 City, its officers, employees or agents in such action or proceeding, including but not limited to,
21 reasonable attorney's fees.
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Main Street Public improvement Design Services Agreement -
RRM Design Group
December 1996
1
2 Section 12. Termination. This Agreement may be terminated without cause by
3 City upon ten (10) days' written notice to the Consultant without further action by the City. This
4 Agreement may be terminated by the Consultant upon thirty (30) days' written notice to the City.
5 In the event the City terminates this Agreement as provided above, Consultant shall terminate work
6 at the earliest possible point, and complete all attendant reports and/or graphic representations,
7 conceptual plans, construction plans, or construction specifications. The City shall compensate the
8 Consultant proportionately for work.
9
10 Section 13. Notice. Any notice required to be given to the Consultant shall be
11 deemed duly and properly given upon mailing, postage prepaid to: .
12 RRM Design Group
13 Attn: T. Keith Gurnee
14 3026 South Higuera Street
15 San Luis Obispo, Ca. 93401
16 or personally delivered to Consultant at such address or other address specified to the City in
17 writing by Consultant.
18
19 Any notice required to be given to the City shall be deemed duly and properly given
20 upon mailing, postage prepaid to:
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Main Street Public Improvement Design Services Agreement -
RRMDesign Group
December 1996
1
2 City of Seal Beach
3 Attn: Director of Development Services
4 211 Eighth Street
5 Seal Beach, Ca. 90740
6 or personally delivered to City at such address or other address specified to the Consultant in
7 writing by the City.
8
9 Section 14. Entire Agreement. This Agreement represents the entire integrated
10 agreement between City and Consultant, and supersedes all prior negotiations, representations or
11 agreements, either written or oral. This Agreement may be amended only by a written instrument
12 approved by the City Council and executed by both City and Consultant.
13
14 Section 15. Choice of Law. This Agreement shall be enforced and interpreted
15 in accordance with California law.
16
17 EXECUTED on the day and year first above stated.
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Main Street Public Improvement Design Services Agreement -
RRMDesign Group
December 1996
"CONSULTANT" RRM Design Group
Name of Firm
YJ
"CITY" City of Seal Beac
By
City Manager
ATTEST: APPROVED AS TO FORM:
eammir
City Clerk City Attorney
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Math Shea Public/mproveneuDesign Services Agreement-
RID,Design Group
December 1996
EXHIBIT A
MAIN STREET PUBLIC IMPROVEMENT PROGRAM
SCOPE OF SERVICES
November 12, 1996
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EXHIBIT A
CITY OF SEAL BEACH
MAIN STREET PUBLIC IMPROVEMENTS PROGRAM
PRELIMINARY SCOPE OF SERVICES
November 12, 1996
;:raz yk� "?� ' " � ';` �'22 "
It is our understanding that the City of Seal Beach wishes to retain professional assistance to
prepare physical design plans for public improvements to implement its recently adopted Specific
Plan. This effort is the next logical step to build upon the foundation of work that has already
been done by Paul Zucker in his development of the Main Street Specific Plan. The focus of this
new effort is to plan for physical design improvements that could be made within the downtown
area and to create a strong linkage between the downtown core, the Seal Beach pier, and the
parking areas on the community's waterfront to make the area work as a cohesive whole.
In view of the substantial public outreach that has already been conducted as part of the earlier
planning effort, it is understood that an intense program of public outreach and involvement is
not necessary in the preparation of these plans. However, it will be necessary to involve the
merchants and landowners in the downtown area, and the citizens at large, in considering and
reviewing the conceptual plans.
It is our understanding that the first phase of work that needs to be done includes the following:
1. Evaluate the feasibility of restoring the existing City Hall public restrooms and the public
restrooms below the pier (where they are today) versus constructing new restrooms as
part of pier plaza improvements.
2. Upon receiving direction on how to proceed with the restrooms, prepare construction
documents that will be used for bidding and construction of the restrooms.
3. Prepare up to two physical design plans for different plaza treatments that might be
explored at the foot of the pier that would create strong linkages between the surface
parking lots below the pier to the downtown core north of the pier.
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Seal Beach Main Street Public Improvements Program
Preliminary Scope of Services
November 12, 1996
Page 2
4. Generate specific proposals and physical design features to tie the pier together with the
entire three (3) block downtown area that stretches to Pacific Coast Highway.
Based on this understanding of the project, the team of RRM Design Group and Richard Best,
AIA, has been assembled to conduct the following tasks:
• RRM Design Group will be the primary consultant and be responsible for overall
project management and oversight of work products. RRM's primary responsibility
would be to prepare the conceptual plans, coordinate with stakeholders in the
downtown area in the review of those plans, coordinate with City staff and City
decision-makers in the review of those plans, and finalizing and processing a
downtown concept plan through local approvals. RRM is also prepared to offer its
services on construction documents for landscape architecture and civil engineering
for either the pier plaza improvements or other concept designs for the downtown, or
both. We are also prepared to offer our assistance in identifying and/or obtaining
potential funding sources (other than municipal) to augment the City's budget to
pursue these projects to completion.
• Richard Best, AIA has been brought onto the team as the project architect. Under
RRM Design Group's direction, he will evaluate the feasibility of restoring versus
relocating the restrooms and preparing construction documents for the restrooms once
the design has been made by the community for the Pier and City Hall restroom
.}- locations.
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. Sco a of Services _#. <„ ,„4.
TASKS/DESCRIPTION EST. BUDGET
A. Getting on Track With Seal Beach...
1. Kick-off Meeting. To resolve final work scope, tasks, $ 840*
descriptions, budgets, and schedule, and to execute contracts.
2. Receive from City and Review Pertinent Available Information $ 1,600*
that Would Influence the Downtown Planning Effort. This
would include copies of surveys, past improvement plans,
policy documents, the City's General Plan and Zoning
Regulations, the City's parking standards, the local Coastal
Plan, etc. This would include interviewing key persons and
agencies including the individuals, agencies, and organizations
who have a strong interest in the future of the downtown area to
solicit input/direction. Potential parties include landowners,
merchants, City staff, Coastal Commission staff, appointed and
elected officials, Southern California Edison, Caltrans, and
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Seal Beach Main Street Public Improvements Program
Preliminary Scope of Services
November 12, 1996
Page 3
TASKS/DESCRIPTION EST. BUDGET
other individuals and/or agencies the City may feel important to
contact as part of this process.
3. Prepare Project Area Base Maps. Based upon the availability of $ 1,600
topographic and aerial survey data, two (2) base maps will be
prepared utilizing existing topographic and aerial photographic
information to be provided by the City. These maps would
include:
a) Downtown Area Base Map. This base map would be
prepared at the largest scale possible to encompass the
entire downtown area from Pacific Coast Highway to the
pier, on a 30" x 42" mylar sheet.
b) Pier and Landing Area Base Map. This base map will be
prepared at a larger scale to emphasize the areas at the
intersection of Main and Ocean to the north and the
water's edge to the south, including all improvements on
and appurtenant to the pier at the largest scale possible to
fit on a 30" x 42 " mylar sheet.
4. Prepare Issues, Opportunities and Constraints Summary. This $ 1,854
bullet-summary will outline the issues, opportunities, and
constraints faced by the planning of the downtown and pier
landing area.
5. Client/Team Coordination, Communication, and $ 960*
Correspondence During Task A.
SUBTOTAL TASK A: $ 6,854
B. Evaluating the Options...
1. Evaluate the Feasibility of Restoring Existing Restrooms: An $ 1,200
analysis of the existing City Hall and Pier restrooms will be
conducted assessing space, appropriateness of location, building
condition, structure, and existing materials of the restroom
complex. This feasibility summary will determine what will be
necessary to alter the restrooms to meet ADA requirements and
outline the cost implications associated with restoration
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Seal Beach Main Street Public Improvements Program
Preliminary Scope of Services
November 12, 1996
Page 4
TASKS/DESCRIPTION EST. BUDGET
2. Prepare Draft Physical Improvements and Design Plans. These $ 5,540
plans will be prepared to explore design options identified. The
plans will include the following products:
• One (1) overall physical design plan of the downtown area
with alternative vignette sketches, addressing locations for
street furniture, consolidation of newspaper stands, corner
treatments, vacant/parking lot street frontages, lighting,
and recommendations on landscaping, etc.
• Two (2) alternative design plans for the plaza at the pier
landing.
• A written narrative of the improvement program being
suggested by the concept plan, and how the concept plan
meets the downtown design goals and
opportunities/constraints identified in the key person
interviews.
3. Prepare Designs for the Restrooms. Designs for the restrooms $ 4,150
will be prepared. One concept design will involve the
restoration of the existing restrooms and the other would
propose new Pier restrooms in a location to be determined.
These concept sketches will supplement the pier plaza site plan
and include building footprint layout, section drawings, and cost
estimates.
4. Preparation of General Opinion of Probable Cost. A general $ 1,800
opinion of probable cost will be prepared for each of the
downtown and pier alternative concept site plans. These
statements will be present in order of magnitude numbers for
budget planning purposes.
5. Preparation of Alternative Designs Paper. This summary paper $ 1,488
will outline in text and reduced design plan graphics the
principal features of the concept plan and alternatives. The
implications and costs associated with exploring each concept
plan will also be prepared. This paper will provide justification
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Seal Beach Main Street Public Improvements Program
Preliminary Scope of Services
November 12, 1996
Page 5
TASKS/DESCRIPTION EST. BUDGET
for design concepts which can be phased over time.
6. Joint Study Session of Planning Commission and City Council. $ 900*
The purpose of this meeting will be to review progress to date
and receive direction on the various concept plans.
7. Client/Team Coordination, Communication, Correspondence $ 960*
During Task A. This task includes written and verbal
communication and correspondence with City and other agency
staff, and will include up to three (3) staff meetings during Task
B.
SUBTOTAL TASK B: $16,038
C. Refining the Vision...
I. Prepare Refined Design Plan. Upon receiving direction at the $ 2,740
joint Planning Commission and City Council session, the ideas
discussed will be synthesized into two detailed, refined
drawings; one for the overall downtown area and one for the
pier plaza area. These plans will depict refinements of the
previously presented concept plans, improvements for paving
surfaces, street furniture, lighting, landscaping, and other
appropriate site elements.
2. Prepare Refined Opinion of Probable Cost for the Pier and City $ 950*
Hall Restrooms.
3. Prepare Draft Downtown Plan Project Report. The purpose of $ 2,600
this summary report will be to briefly describe in text and
graphics, the features of the downtown plan, pier plaza plan, and
the restroom designs. This summary report will address issues
of cost and implementation, and identify the action steps needed
to realize the plan. The report will be used in conjunction with
the final plan described below.
4. Preparation of Presentation Quality Site Plan Renderings. $ 4,800
These detailed site plan renderings will be prepared in ink on
mylar as overlays to the two (2) base maps. The drawings will
include color renderings of the prints of the refined concept
plans for the downtown and pier plaza. It is intended that these
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Seal Beach Main Street Public Improvements Program
Preliminary Scope of Services
November 12, 1996
Page 6
TASKS/DESCRIPTION EST. BUDGET
drawings will "paint the vision picture" for downtown Seal
Beach, to be implemented over time.
5. Joint City Council/Planning Commission Study Session. $ 900*
Presentation to the decision-making bodies and provide for their
review and input on the refined concept plan and design
drawings for the restrooms.
6. Client/Team Coordination, Communication, Correspondence $ 960
During Task C.
SUBTOTAL TASK C: $12,950
D. Preparation of Construction Documents for the Restrooms. $ 9,600
SUBTOTAL TASK D: $ 9,600
TOTAL TASKS A-D: $45,442
E. Reimbursables
The following reimbursables are anticipated for this project:
Blueprinting
Photography
Report Reproduction
Color Copying
Travel*
Lodging*
Phone, Fax, Federal Express
*Note: Travel and lodging expenses are divided amongst all of
RRM clients receiving service during each particular trip.
Since RRM has to be in Southern California to serve our
numerous clients in the region, the City of Seal Beach's
share of RRM's travel and lodging expenses will be a
fraction of what it would be if we were only working for
the City of Seal Beach.
TOTAL REIMBURSABLES: $ 1,860
GRAND TOTAL TASKS A•E $47,302
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Seal Beach Main Street Public Improvements Program
Preliminary Scope of Services
November 12, 1996
Page 7
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The tasks to be performed by RRM Design Group are limited purely to those outlined above.
Any additional tasks that may need to be performed at the request of the client will be billed on a
time and materials basis as additional services per Exhibit A-1 attached with the understanding
that the client must provide prior authorization and approval to proceed. All tasks with an
asterisks (*) are to be performed on an hourly basis against the budgets indicated with the
understanding that those budgets cannot be exceeded without the client's prior approval.
Reimbursable expenses such as travel, lodging, photography, blue printing, report reproduction,
Federal Express and fax expenses would be billed on a time and materials basis per Exhibit A-1
attached subject to the billing arrangement outlined in Task E.
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We anticipate following the schedule outlined below dating from the client's authorization to
proceed.
(to be determined during Task A)
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