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HomeMy WebLinkAboutCC 13 DSGN GDLINES 12-07-92CONSEN = CALENDAR NO. 13 12-7-9: -- Inter -Com Tm DATE: DECEMBER 71 1992 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR COMPLETION OF RESIDENTIAL DESIGN GUIDELINES RECOMMENDATION It is recommended that the City Council approve the attached Professional Services Agreement with Urban Design Studio in the amount of $25,000 and authorize the Assistant City Manager to execute said agreement approved as to form by the City Attorney. BACKGROUND AND DISCUSSION On June 20, 1988, the City of Tustin City Council approved Ordinance 10010, adopting a Cultural Resources Overlay District for the historic core of the City. The purpose of the District is to safeguard.Tustin's historic and architectural legacy, to cultivate the cultural identity of Tustin, to enhance community pride and to increase property values by ensuring that new construction is compatible with the character of the district. In 1988 the City Council appointed a Cultural Resources Advisory Committee to act in an advisory capacity to the City Council in matters affecting the establishment of the Cultural Resources Overlay District pursuant to Ordinance 1001. The Committee immediately began to work on a Historical Resources Survey of the Cultural Resources Overlay District and presented their findings to the City Council in 1990. One of the recommendations of the Cultural Resources Committee was to prepare design guidelines for property owners interested in renovation of their homes. In March 1991 the City hosted the Old Town Tustin Charrette to gain Tustin citizens' insights about the future of Tustin "Old Town". The Old Town Charrette was the first step to initiate the process to establish 'a "vision" for a revitalized Old Town. =he second step in developing a revitalization plan for Old Town was to conduct a study by the Regional/Urban Design Assistance Team (R/UDAT) which was coordinated through the Urban Design Committee of the American Institute of Architects. The R/UDAT was conducted in September 1991 and further defined the community's "vision" for Old Town. The results were presented to the community City Council Report Professional Services Agreement December 7, 1992 Page 2 and included a recommendation to complete design guidelines to support design decisions made for both the residential and commercial portions of Old Town. The Residential Design Guidelines would be an illustrated, informational guide only, and would concentrate on the residential portion of Old Town. The Guidelines would not be codified as part of the Tustin City Code. Thepurpose of the Residential Design . Guidelines would be property des design decisions that enhance contractors and city staff to make the character of the residential portion of the Cultural Resource Overlay District. The Residential Design Guidelines would be utilized during the design phase of a residential jec les well as the design review procesresidential Guidelineswould neighborhood, encourage the historic nature of the preservation of historic fabric and encourage be available atible new esign. The Residential Design Guidelines wouldfor distribution to all residential property owners in the District. - A Request for Proposal (RFP) for the preparation of a Residential Design Guidelines document was issued on January 3, 1991 and six responses were received from the following u qualified f irms:AEGIUrban Design Studio, Gast and Hillmer, Cannon Designp, SWA and Donald Krotee Partnership. The Community bas is ent of Department reviewed and evaluated the proposals on the demonstrated competence, professional qualifications necessary for the satisfactory performance of the required services, and familiarity and prior experience with providing this 9 yp of service. Although the study was budgeted in f isca year a final discussion on the selection of the preferred consultant was deferred pending 1992-1993 budget deliberation. The firm of Urban Design Studios has been recommended reby the RFP. to perform the consulting services requested The project manager for the Design Guidelines would be Mark Brodeur, the principle of Urban Design Studio, a firm specializing in public sector urban design throughout California and Arizona. Urban Design Studio would be subcontracting with Thirtieth Street Design Architects to complete portions of the R Guidelines. John Loomis, principle of Thirtieth Street Architects would be project manager for his firm's portion of the Guidelines. tin's Survey John Loomis directed the preparation of and has been under contract with the C t y ty for T design review services for applications in the Cultural Resources District. ices freeand Brodeur and John Loomis also both offered their participated as resource team members for the Old Town Charrette. Mark Brodeur participated in the R/UDAT as a team member. City Council Report Professional Services Agreement December 71 1992 Page 3 CONCLUSION The proposed Professional Services Agreement for his project is 's attached and includes a copy of the recommended proposal and Scope of Services. The consultant's proposed fee is in accordance with the City's budgeted $25,000. Funds for this project were approved in the 1992-1993 budget. liz�- .00 Z�Z�� I Christine Shinglennh- Assistant City Ma ager BCS:br:urbdsnco 4Ri Westf i ld Assistant'City Manager CONSULTANT SERVICES AGREEMENT This Agreement for Contract Services (herein "Agreement"), is made and entered into by and between the CITY OF TUSTIN, a municipal corporation ("City"), and Urban Design Studio (herein ("Consultant"). WHEREAS, Consultant is qualified to provide the necessary services and has agreed to provide such services; and WHEREAS, Consultant has submitted to City a proposal, dated April 15, 1992, a revised copy of the proposal dated October 22, 1992 is attached hereto as Exhibit "B", and is by this reference incorporated herein as though set forth in full hereat (the "Proposal"). NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, City agrees to employ and does hereby employ Consultant and Consultant agrees to provide consulting services as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the "Request For Proposals - Residential" attached hereto as Exhibit "A" and incorporated herein by this reference, (the "services" or the "work"). Consultant warrants that all services shall be performed in a competent, professional and satisfactory manner in accordance with all standards prevalent in the industry. 1.2 Consultant's Proposal. The scope of services shall include the Consultant's Proposal incorporated herein as Exhibit "B" as though fully set forth herein. In the event of any inconsistency between the terms of such proposal (Exhibit B) and the terms set forth in this Agreement, including Exhibits A, C, D and E, the terms of this Agreement and Exhibits A, C, D and E shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the City of Tustin and of any federal, state or local governmental agency of competent jurisdiction. 1.4 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. -1- 1.5 Familiarity with Work. By executing this Contract, Consultant warrants that Consultant (a) has thoroughly investigated and considered the work to be performed, (b) has investigated the site of the work and become fully acquainted with the conditions there existing, (c) has carefully considered how the work should be performed, and (d) fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, Consultant immediately except inform City of such fact and shall not proceed with any w at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. Consultant shall adopt and follow reasonable procedures and methods during the term of the Agreement to prevent loss or damage to materials, papers or other components of the work, and shall be responsible for all e until acceptance of the work by City, except such loss or damages s may be caused by City's own negligence. 1.7 Additional Services. Consultant shall perform services in addition to those specified in the Proposal when directed to do so by the Contract officer,, provided that Consultant shall not be required to perform any additional services without compensation. Any additional compensation not exceeding ten percent (10%) of the Contract sum must be approved in writing by the Contract Officer. Any greater increase must be approved in writing by the City Manager. 1.8 Special Requirements. Any additional terms and conditions of this Agreement, are set forth in Exhibit "C" hereto, "Special Requirements" and incorporated hereinby this referenibit ce. In the event of a conflict between the provisions of Exh and any other provision or provisions of this Agreement, the provisions of Exhibit C shall govern. 2. COMPENSATION 2.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, the Consultant shall be compensated a maximum contract amount of $25,000 (herein "contract sum") in accordance with Exhibit "D" "Scheduled of Compensation" (attached). 2.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's Director of Finance, an invoice for services rendered prior to the date of the invoice. City shall pay Consultant for all expenses stated thereon which are approved by -2- City consistent with this Agreement, no later than the last working day of said month. 2.3 Changes. In the event any change or changes in the work is requested by City, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of such addendum, including, but not limited to, any additional Consultant's fees. Addenda may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Statement of Costs. Pursuant to the provisions of California Government Code Section 7550, the total amount expended by City relating to the preparation of any report or documents prescribed herein shall be set forth within the final edition thereof, in a separate section, in a statement substantially as follows: Pursuant to California Government Code Section 7550 the City of Tustin expended the total amount of $25,000.00 for the preparation of this report and/or documents. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed within any time periods prescribed in any Schedule of Performance" attached hereto marked Exhibit "E". Extension of any time period specified in the Exhibit "E" must be approved in writing by the Contract Officer. 3.3 Force Majeure. Time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays -due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Consultant shall within ten (10) days of the -3- commencement of such condition notify textent of officer necessary shall thereupon ascertain the facts and thet ntany delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from date hereof. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The owing as boil the Principal of the Consultant is hereby designated g principal and representative of Consultant authorizea d to aetin its ke all behalf with respect to the work specified herein decisions in connection therewith: Mark J. Brodeur. Urban Design Studio 31866 Camino Ca istrano San Juan Capistrano, CA 92675. It is expressly understood that the experience, knowledge, capability and reputation of the foregoingthis Principal Agreemeis a substantial inducement foral shall bety to rinto resp risible during the Therefore, the foregoing Principal term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the changedservices Principalhereunder. The foregoing Principal may not Consultant without the express written approval of City. 4.2 Contract Officer. The Contract tunless rshall be otherwise the Director of Community Development aria Manager of City. It shall be the designated in writing by the City g Consultant's responsibility to keep the Contract officer ance of the services fully informed of the progress of r which must be made by City to Consultant shall refer any decisions the Contract Officer. Unless otherwise specified approval not the erein,, any approval of city required hereunder shall mean Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole ritten a royal of services required hereunder Cher uthi a express Agreement nor any approval the City. In addition, ne herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. QC 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent consultant of City and shall remain at all times as to City a wholly independent consultant with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California worker's compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty ( 3 0 ) days written notice to City of any proposed cancellation. A certificate evidencing the foregoing and designating City as an additional named insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance and the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify the City, its consultants, officers, and employees. The amount of insurance required hereunder shall include comprehensive general liability,personal injury and automobile liability with limits of at least One Million Dollars ($1,000,000) combined single limit per occurrence and professional liability coverage with limits of at least Five Hundred Thousand Dollars ($500,000). 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by City, and for errors and omissions committed by Consultant, its officers, employees and agents, arising out of or related to Consultant's performance under this Agreement, except for such loss as may be caused by City's own negligence or that of its officers or employees. 6. RECORDS AND REPORTS 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the -5- performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 6.4 Release of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. .7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party cures any default within ninety (90) days after service of the notice, or if the cure of the default is commenced within thirty (30) days after service of said notice and is cured within a reasonable time after commencement; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take immediate action under Section 7.5 of this Agreement. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any party' s right to take legal action in the event that the dispute is not cured. 7.3 Waiver. No delay or omission in the exercise of any right or remedy of anon -defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief,- a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.6 Lictuidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to City the sum of Dollars ($ ) as liquidated damages for each working day of delay in the performance of any service'required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages. 7.7 Termination Prior to Expiration of Term. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of the Consultant and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such.shorter time as may be appropriate. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. -7- 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated, provided that the City shall use reasonable efforts to mitigate damages, and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed to City. 7.9 Attorneys Fees. If either party commences an action against the other party arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 8.1 Non Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultants, or any successor -in -interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. Consultant shall take affirmative action to insure that applicants and employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall -be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. :1:1= To City: CITY OF TUSTIN 15222 Del Amo Avenue Tustin, CA 92680 Attention: Christine A. Shingleton Assistant City Manager To Consultant: Mark Brodeur Urban Design Studio 31866.Camino Capistrano San Juan Capistrano, California 92675 9.2 Integrated Agreement. This Agreement contains all of the agreements of'the parties and cannot be amended or modified except by written agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the. parties hereto. warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" Dated: CITY OF TUSTIN, a municipal corporation By: Christine A. Shingleton Assistant City Manager PP OVED AS TO FORM: mes G. Rourke ty Attorney "Consultant" Urban Design Studio By• -10- rBIrMleui, Principal Title EXHIBIT "A SCOPE OF SERVICES Attached hereto are: 1) City's Request for Proposal Residential REQUEST -FOR PROPOSALS - RESIDENTIAL I. INTRODUCTION Title - RESIDENTIAL DESIGN GUIDELINES FOR OLD TOWN TUSTIN The City of Tustin is requesting proposals from professional services to prepare design guidelines for the residential portion of the City's Cultural Resources District. II. PROJECT BACKGROUND Tustin is an 11.02 square mile city in Central Orange County. It is located 37 miles southeast of Los Angeles, and 88 miles northeast of San Diego. Tustin originated in 1870 when Columbus Tustin platted 100 acres of his property into 300 square blocks, and provided 50' x 100' lots for sale. Locally prominent pioneers David Hewes and Sherman Stevens, among others, came to Tustin and built Victorian homes that are showpieces to this day. Tustin emerged as an agrarian community surrounded by orchards. In September 1927, Tustin was incorporated as a general law city with an area of one-third square mile (see Figure 1), and a population of 900 persons. According to the January 1990 Department of Finance Report, the City of Tustin has a population of 49,409. The character of the community is considered to be a quality residential area. The residential neighborhoods within the original city plat are made up of generally modest single family dwellings of the Victorian and bungalow styles built in the early Twentieth Century. This residential area became part of the Cultural Resources Overlay District (see Figure 2) in 1988, when the City Council adopted the District in order to protect the historic resources within its boundaries. A -publication called the "Historical Resources Survey Report," published in July 1990, documents each structure within the District.. This is a prime source of information for the creation of design guidelines. III. OBJECTIVE The purpose of the design guidelines for residential properties in Tustin's Cultural Resource District would be to create an illustrated guide to assist city staff, property owners, architects, and contractors to make design decisions that enhance the character of the Cultural Resource Overlay District. Design guidelines should be utilized during the design phase as well as the design review stage. They should reflect the historic nature of the neighborhood, encourage preservation of historic fabric and compatible new design. These design guidelines should be made available for distribution to all property owners in the District. The City's goal is to reinforce the preservation and sympathetic design trend that is currently occurring in the Cultural Resource District's residential areas. IV. SCOPE OF PROJECT A. The consultant will interact with the Community Development staff and the Cultural Resources Advisory Committee to formulate the guidelines. The consultant shall work under the supervision of the Community Development Department Director. B. The consultant will be responsible for establishing a project approach, describing the schedule for research and review, data gathering, analysis, document preparation, graphics preparation, and presentation. C. The consultant will be responsible for a design oriented public participation program during the course of the study. This program will be comprised of interviewing major property owners and facilitating public meetings to gain input from citizens, compiling results in graphic form and presenting findings from various stages of the process. Meetings to be attended will include, two City Council meetings, two Planning Commission meetings, and six or more workshops with the Cultural Resources Advisory Committee and the public. D. The consultant will be responsible for preparing the entire document, including tex-%- and illustrations. Elements to be addressed include, but are not limited to the following: 1. Overview a. purpose of document b. methodology C. findings d. brief description of styles, illustrating major design elements of each 2. Pictorial inventory and description of existing elements (i.e. architectural, streetscape, special uses) by type of architecture in district. 3. Rehabilitation Guidelines a. form (balance, proportion, scale rhythm, etc.) b. windows C. doors d. siding Request for Proposals - Residential Page 3 e. details f. porches g. roofs 4. New construction a. additions b. infill 5. Urban Design issues a. streetscape b. image C. entry d. edges e. nodes 6. Landscaping 7. Technical information a. inspections b. maintenance and repairs 8. Resource list 9. Submittal procedure V. PROPOSAL REQUIREMENTS A. Introduction: The introduction should 'convey the consultant's understanding of the project's objective, scope, and requirements, and the consultant's ability to complete the project in a timely and expert manner. B. Study plan: A thorough explanation of the consultant's course of action. with a timeline outlining major milestones. C. Technical approach: A description of the techniques, data sources, and methodology that the consultant is prepared to employ. This should also include the report format of each phase, as well as additional materials that will be utilized, such as maps and photographs. D. Time/staff breakdown: Number of hours estimated per staff person for each phase of the project. E. Cost estimate: The City of Tustin has. allotted $25,000 for the completion of these residential design guidelines. Although the f inal not to exceed contract price and payment schedule will be negotiated with the successful selected consultant, all applicable costs can be charged to the contract within the negotiated "not to Request for Proposals - Residential w_ Page 4 exceed" limit including travel, overhead, materials and subcontractors. therefore, it should be noted that cost will not be a factor in the selection of a consultant. However, please include an estimate of the total cost of accomplishing the project. The proposal should also provide the name, title, address, and telephone number of individuals with authority to negotiate and contractually bind the-=ompany. Again, please note that this proposal is not a competitive bid request. F. References: The names, addresses and telephone numbers of three (3) former clients who have contracted with the consultant for services similar to those described in this Request for Proposal. G. Signature: The proposal must be signed by a person who is authorized to negotiate and execute contracts on behalf of the consultant. H. Resume: Key personnel who will be assigned to the project should be named. Include a resume which cites the consultants education, qualifications, experience, and accomplishments with regard to commercial design guidelines for historic resources. I. Submission Requirements: The original and six (6) copies of the consultant' s proposal must be received by the City of Tustin Community Development Department*by the close of business at 5:00 p.m. on January 25, 1991. BCS:nm/rpf-res.mis BLVDmvwclitMi w� 1 cii —:Cc I — •w•— � J LCCONO ttwctTAj iCCONO • J_ 1 ----fir- J _J�. ,�_ , .:._ . :. itwo. `\ ZJ- LA iV \Els, . _ -- • 1 FIGURE 1 0 STact .V CITY OF - TUSTIN S42144 S1 i = NORTH J i - r / BOUNDARIES OF ORIGINAL CITY ��, AND ADOPTED CULTURAL RESOURCES DIS Original City Limits (192 1) — — — — — — Boundary of Old Tovwn Cultural Resources District DOTE. Boundary P nda of adopted Cultural Resources District adjacent to I-5 and SR -55 Freeways denote ultimate right-of-way line. DIstnct does not include areas for free«,ay expansion. to going /1 ■t r On WIN I IBM MEN aaamam 55w all all eeexBOO IBM no WE lal ami , t�' ROW 400 3.00 Boo 0 200 400 SCALE IN FEET KEY: RESIDENTIAL AREA m, m I OCULTURAL RESOURCES DISTRICT BOUNDARY FIGURE 2 TUSTIN CULTURAL RESOURCES DISTRICT MAP EXHIBIT "B" CONSULTANT'S PROPOSAL REVISED WORK PROGRAM (OCTOBER 229 1992) If selected to undertake this assignment, the consultant team will conduct the study according to the task structure described below. The Work Program assumes that a City representative will provide advisory assistance regarding City policies and procedures and will provide access to any plans, architectural drawings, base maps, photographs, streetscape perspectives, maps, reports, and other information that is available in the Community Development Department files. We would also expect that a single City representative will coordinate and attend all meetings with the Consultant. In an effort to reduce consultant costs, this Work Program also outlines specific tasks that the consultant team will need City staff to complete. KIM W111411 I bile a 1► Urban Design Studio's project manager will meet with the City's representative to review and refine a final Scope of Work. Schedulers milestones will be discussed and a preferred schedule for meeting dates and times will be completed. Attachment 1 The consultant team will meet with a City representative to obtain plans, architectural vignettes, character studies, streetscape studies, reports, ordinances, and studies applicable to the project that are available in the Community Development Department files. One of the most overlooked components of preparing the Residential Design Guidelines Manual is to gauge the City's values regarding urban design and preservation. Urban Design Studio will request that City staff set up a time concurrent with Tasks 1.1 and 1.2 to conduct a walking field trip of the entire District. What will be important to ascertain is the level of detail or scrutiny that the City feels comfortable with. We would suggest inviting members of the Cultural Resources Advisory Committee (CRAG). Any concept developed as a result of the walking field trip of the district will not change the budget or the timeline of the project. TIME FRAME: One day BUDGET: $2,160 PRODUCTS: Slides, useful comments from staff and Advisory Committee, Project Schedule MAN HOURS: (MB 13, JL 8) City of Tustin 1 Proposal for Design Guidelines for Old Torn Tustin rWEN MV -161-1 The concept for public participation is to directly involve the Community Development Department staff and Cultural Resource Advisory Committee (CRAG) in the design process and to involve them from the very beginning of the review process. The goal of the participation program will be to build a consensus for guiding historic development and redevelopment in the District. The overwhelming value of this consensus building process is that, because the participants will actually be involved in reviewing the guidelines, support for the assignment builds as the planning process proceeds. Everyone has access to the same facts. Each person's point of view is not only heard, but incorporated into the process. Though there will undoubtedly be those who will disagree with aspects of the resulting design guideline manual, they will understand the basis for it. The consultant staff will prepare and present draft documents to the Community Development Department staff for their distribution. Generally, these drafts would be based on direction provided early in the process. The subject matter for each meeting will follow the concepts identified in the project work program. Attachment 1 Our consultant team proposes a total of six meetings. We suggest four meetings with the CRAC, and we have outlined two floating meetings of the six meetings that are to be utilized by staff as they see fit (i.e. Planning Commission, City Council). If the City of Tustin feels that additional meetings with the consultant are necessary, the City may provide extra funding beyond our stated professional fee to cover expenses. Principals from both funis will be present at up to six meetings or hearings. It has been our experience that it is generally a mistake to wait until the public hearings process to involve the members of the Cultural Resources Advisory Committee, Planning Commission and City Council in the review of the Residential Design Guidelines Manual. We believe that a series of a maximum of four workshop with members • of the groups be assembled. In addition, a total of two public hearings is included as well as meeting preparation time. TIME FRAME: Over project calendar BUDGET: $7,000 PRODUCT: Attendance at up to 6 public meetings (workshops, hearings, meetings) MAN HOURS: (MB 29, JL 23, RP 10, RK 7) City of Tustin 2 Proposal for Design Guidelines for Old Town Tustin :, ASK 3,0: PREPARATION OF INITIAL OUTLINE AND FORMAT The purpose of this phase is to develop a design guideline manual useful to the City and prospective property owners/developers to direct development/revitalization decisions in the Cultural Resource District. This phase includes a substantial amount of input and review of draft documents. We intend to prepare simple yet effective exercises for the CRAC to complete, designed to provide the consultant team with insight into the desired products. li As a preliminary step, a draft table of contents for the design manual will be prepared and submitted for review and comment by the City prior to additional work. A City representative shall transmit a single modified table of .,ontents to the consultant team. It is imperative that staff provide comprehensive modification. Any concept developed after the draft table of contents is completed will not change the timeline of the project. This is a very important step since the consultant team will focus all future effort toward this outline. In order to keep on schedule, it is recommended that City staff submit suggested modifications within ten days working days. Lack of adherence to this time schedule shall not change the timeline of the project. Attachment 1 As a secondary step, the consultant team will prepare "mock up" pages from the manual. Graphic format, page layout, and text style will all be called out for staff review and input. Following receipt of staff's input on the Design Manual outline and graphic presentation format, the consultant team will prepare the initial overview sections of the design guideline manual. Elements to be addressed in the manual include but may not be limited to the following: ❑ purpose of the document ❑ methodology ❑ *goals and objectives ❑ findings ❑ style description Following the introductory portions of the manual will be a black and white pictorial inventory of existing elements such as: ❑ architecture (by style) . ❑ streetscape ❑ special uses ❑ significant trees or other special elements John Loomis, principal with Thirtieth Street Architects will review the pictorial inventory for accuracy and clearness prior to finalization. 3 City of Tustin Proposal for Design Guidelines for Old Town Tustin Attachment 1 'ask 3.4: Glossary of Architectural and Design Terms Urban Design Studio will prepare an appendix of commonly used design vernacular with definitions to assist the City staff and the prospective developer in understanding some of the technical urban design and architectural rehabilitation language contained in the manual. TIME FRAME:Three weeks BUDGET: $1,720 PRODUCT: Draft Table of Contents, Final Table of Contents, Graphic Format, Overview Sections, Glossary of Terms. MAN HOURS: (RP 8, JL 3, LK 9) City of Tustin 4 Proposal for Design Guidelines for Old Torn Tustin Attachment 1 0: PREPARATTON Task 4.2: New Construction guide DRAFT 1 SI The consultant team will prepare the text, graphics, illustrations, and photos necessary to convey the City's goals regarding residential architecture and site planning in the Cultural Resources District. The guidelines will address rehabilitation/preservation and new construction for residential structures. 4.1: Rehabilitation Qui This section articulates what can and should be considered in making exterior modifications (rehabilitation, restoration, remodeling) to existing residential structures. This section will include rehab do's and don'ts (both graphic and photographic). The elements for residential may include: ❑ additions ❑ scale ❑ color ❑ walls/siding ❑ windows/doors ❑ porches ❑ roofs ❑ details/ornamentation This section articulates general and specific standards for new residential construction, including but not limited to: ❑ setbacks/averaging ❑ orientation ❑ lot coverage ❑ desirable materials/elements ❑ undesirable materials/elements ❑ additions ❑ architectural context (TSA) Urban Design Studio will prepare general and specific landscape guidelines for residential properties. The elements may include: ❑ general guidelines ❑ turf coverage ❑ existing trees/retention ❑ irrigation ❑ walls ❑ historic landscape layouts ❑ contextual tree palette TIME FRAME: Two months BUDGET: $7,620 PRODUCTS: Draft Design Guidelines MAN HOURS: (LK 32, RP 28, 7L 10, MB 10, RK 11) City of Tustin S Proposal for Design Guidelines for Old Town Tustin TASK 5.0: TECHNICAL APPENDIX The technical appendix section of the design guidelines manual will provide the prospective developer, property owner, or architect with valuable information beyond the guidelines. Thirtieth Street Architects will provide general technical information related to the maintenance and repair of historic residential structures. The information may include: ❑ weatherproofing ❑ dry rot problems ❑ termite reports ❑ simple repairs Attachment 1 Thirtieth Street Architects will prepare a section for the design manual that articulates various people, organizations, books and programs that can be consulted for various technical information. 3'ask 5.3: Submittal Procedure The design manual will include a description of the City's review procedures and how these guidelines affect submittal and review procedures (UDS). TIME FRAME: Three weeks BUDGET: $3,000 PRODUCTS: Draft Technical Appendix MAN HOURS: (LK 18, RP 10, JL 7) City of Tustin 6 Proposal for Design Guidelines for Old Town Tustin TASK 6.0: DRAFTS OF DESIGN GUIDELINE MANUAL Urban Design Studio will complete an "Administrative' Draft Design Guidelines Manual following receipt of the modified Outline of the Design Guidelines Manual from staff. Urban Design Studio will distribute five (5) black and white copies of the Administrative Drafts of the manual for staff review. City staff shall coordinate the "in-house" review of the drafts and transmit a, "red ink" modified copy of the manual to Urban Design Studio. The text and graphic modifications will incorporate all City concerns. Upon incorporation of all City revisions to the text, Urban Design Studio will distribute ten (10) black and white Revised Administrative Drafts for CRAC and City staff to review. Urban Design Studio will participate in a series of public workshops to present the draft and to answer questions (see Task 2.0). It is that the City staff transmit a "red ink" modified copy to Urban Design Studio which specifically states the desired text and graphic modification. The "red ink" marked up transmittal should include all City staff Md CRAC modifications. Mwe Following the receipt of the staff's 'red ink' modifications which specifically delineates staff and public workshop (CRA C) comments, Urban Design Studio will prepare the Hearing Draft copy of the Residential Design Guidelines for Planning Commission and City Council review and distribute ten (10) copies for Planning Commission and City staff review. Attachment 1 All corrections required as a result of the Planning Commission review shall be made, and Urban Design Studio shall supply ten (10) revised Final Hearing Drafts for City Council review. Following the presentations to the City Council, Consultant will complete any modifications necessary to the Final Draft and present twenty-five (25) Final Design Guideline Manuals, one (1) camera ready original and the final formatted text on disk in IBM WordPerfect 5.1 to the City. Consultant shall be responsible for costs associated with reproduction of the Final Design Guideline Manual (consultant shall work closely with printer to ensure high quality reproduction of documents). The final Design Guideline Manual cover shall be printed in color. All other pages of the manual shall be black and white. The final Design Guidelines Manual shall be of professional quality, consistent with the standards set by the Consultant in previous projects of this nature. TIME FRAME: 2 months BUDGET: S3,500 PRODUCTS: Administrative Draft (5 ) Revised Administrative Draft (10) Hearings Draft (10) Final Hearing Draft (10) Final Design Guideline Manual (camera ready original, 25 copies, WordPerfect 5.1 disk) MAN HOURS: (RP 20, MB 7, JL 6, DB 9) City of Tustin 7 Proposal for Design Guidelines for Old Town Tustin FEE SCHEDULE Urban Design Studio has structured a fee for the Residential Design Guideline Manual which respects the recommended fee range for consultant services. Please note that our realistic fixed fee of $25,000 is not negotiable. The fee breakdown by task is a fixed fee for professional labor and reimbursable (phone, postage, film, developing, travel, copying, and reproduction). Task 1.0: Project Initiation ................. $ 2,160 Task 2.0: Public Participation ................ 7,000 Task 3.0: Initial Outline and Formats .......... 1,720 Task 4.0: Draft Design Guidelines ............ 7,620 Task 5.0: Technical Appendix................ 3,000 Task 6.0: Drafts of Guideline Manual.......... 3,500 TOTAL $259000 Urban Design Studio will commence services upon receipt -of a signed contract. Invoicing will be on a monthly basis. The invoice will state percent complete of each of the six tasks. Reimbursable expenses will be shown. Attachment 2 Unless stated otherwise in this proposal, reimbursable expenses shall include reproduction, travel, courier, Federal Express, and telephone and shall be billed on a monthly basis in addition to professional services. All vendor reimbursable shall be charged at 1.15 of direct cost. All reimbursable shall be covered under fixed fee amount. Any modifications to the contract fee will require City authorization. In the event the Scope of Work and Schedule should change to a degree that will alter the contract fee, the City will contact you in writing and a revised fee will be established. Requests for extra work will be documented and a completion time and compensation amount will be submitted for your approval prior to commencement of work. This Fee anticipates an Administrative Draft, Revised Administrative Draft, Hearing Draft, Final Hearing Draft, and a Final Design Guidelines Manual. Interest of one and one-half percent per month is payable on any amounts not paid within thirty (30) days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. City of Tustin 1 Proposal for Design Guidelines for Old Town Tustin Attachement 3 SCHEDULE OF PERFORMANCE Task 1 Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Task 2 ONGOING DURING CONTRACT CALENDAR Task 3 Task 4 Task 5 Task 6 EXHIBIT "A" — MAN HOUR SUMMARY Mark Brodeur (MB) John Loomis (JL) Ron Pflugrath (RP) Leonard Kliwinski (LK) Robert Klekner (RK) Debra Brumfield (DB) TOTAL FIRM MAN HOUR SUMMARY Urban Design Studio 159 UDS/TSA 15170/9830 56 57 76 59 18 9 275 Man Hours Thirtieth Street Architects 116 5% of total contract ($1,250) reserved for reimbursable expenses. Proposal for Design Guidelines for Old Town Tustin 9 City of Tustin EXHIBIT "C" SPECIAL REQUIREMENTS 1. Pursuant to Section 4.3, Consultant is hereby authorized to subcontract consistent with the Consultant's Proposal (Exhibit "B" ) with the following firm: Thirtieth Street Architects 2. Consultant shall utilize those professional personnel and subconsultants to perform services required under this Agreement as identified on Consultant's proposal and herein. No substitutions of a firm or identified personnel assigned to the project shall be made without the advance written approval of the Contract Officer, after review of the proposed replacement's experience and qualifications with a written explanation of the necessity for the change. No increase in compensation or reimbursable salary rates will be allowed when personnel or firm substitutions are authorized. 3. Consultant shall remove and replace project personnel assigned to project who do not perform assigned duties in a manner satisfactory to the Contract Officer when requested. 4. The liquidated damage provisions of Section 7.6 is hereby waived. 5. Consultant shall provide copies of any handouts necessary for public review at each public workshop and public hearing. 6. Consultant shall provide City with five (5) copies of an administrative Draft Screen Check of the Residential Design Guidelines and one reproducible copy for review and comment. Consultant shall be responsible for costs associated with reproduction. In-house review of the administrative screen check Draft shall be incorporated into a Revised administrative screen check Draft of which ten (10) copies will be forwarded to the City for review by the Cultural Resources Advisory Committee (CRAC) and staff. 7. Based on comments from the CRAC and staff, Consultant shall provide the City with ten (10) Final Hearing Draft copies of the Residential Design Guidelines for Planning Commission and staff review. Should corrections be required between Planning Commission meeting and City Council meeting, Consultant shall make corrections and supply ten (10) revised Final Hearing Drafts. Consultant shall be responsible for cost associated with reproduction. 8. Following the presentations to the Planning Commission and City Council, Consultant will complete any modifications necessary to the Final Draft and present twenty-five (25) Final Design Guideline Manuals, one (1) camera ready original and the final formatted text on disk in IBM WordPerfect 5.1 to the City. Consultant shall be responsible for costs associated with reproduction of the Final Design Guideline Manual (consultant shall work closely with printer to ensure high quality reproduction of documents). 9. The Final Design Guideline Manual cover shall be printed in color. All other pages of the manual shall be black and white. The final Design Guideline Manual shall be of professional quality, consistent with the standards set by the Consultant in previous projects of this nature. 10. Consultant shall present to City, certificates of insurance and endorsement forms verifying consultant has the insurance required by this agreement. Said forms shall be reviewed and approved by the Office of the City Attorney of the City of Tustin. A Certificate of Insurance form is attached. 11. The Consultant shall not release to the public or press any information regarding the specifics of the services under this Agreement without prior authorization of the Contract Officer. All such inquiries made of the Consultant shall be immediately referred to the Contract Officer. 12. If the Contract Of f icer determines that a product delivered is unacceptable, because it did not conform to the specifications set forth in the Agreement, the Consultant shall submit a revised report or product at Consultant's expense. 13. Consultant shall be required to meet with Contract Officer as determined necessary by Contract Officer to discuss progress of services rendered by Consultant at Contract Officer's discretion. Field investigations are necessary for the subject Project. The Consultant shall obtain all necessary field data and make site investigations and studies necessary to the proper accomplishment of the work required under this contract. EXHIBIT "D" SCHEDULE OF COMPENSATION 1. Compensation shall be for actual time and work performed and all material costs expended by Consultant not exceed $25,000. 2. Approved change orders for additional services approved pursuant to Section 2.3 of the Agreement shall be compensated at a maximum amount previously agreed to in writing by Contract Officer not to exceed these personnel hourly rates. Personnel Hourly Rate Brodeur $100 Loomis $100 Pflugrath $85 Kliwinski $70 Klekner $65 Brumfield $45 3. Progress payments will be made monthly based on services provided and actual costs incurred. All requests for payment shall be based on actual time and materials specifically related to identified tasks in the Scope of Work. a. The Consultant shall indicate on all monthly invoices the tasks being billed against, the original budget amount for that task, the amount billed to date and percentage of completion. b. The Consultant may bill up to the maximum projected budget through the tasks completed less 10%. The retention amount will be paid to consultant after the Contract Officer has evaluated the consultant's performance and made a determination that requirements of the Scope of Work for individual tasks have been satisfactorily fulfilled. C. Each invoice shall also indicate the actual hours worked, the billing rate, personnel classification, hourly billable rate and the amount of fees being billed for all consultant personnel. d. All hours charged to the project shall be supported at consultant's office by detailed time sheets. e. All invoicing shall be based on actual hours worked by an individual times the fixed hourly rate for that individual and their corresponding firms as specified by the Consultants' Proposal. Actual hours shall be hours spent on assigned project tasks. 4. Records for all billings, payroll, consultant fees and direct reimbursable expenses pertaining to the project shall be maintained on the basis of generally accepted accounting principles and shall be available for inspection by the City or the City's representative at mutually convenient times. 5. Any special costs for necessary services such as field surveys and investigations, special reproduction, computer data preparation and shall be included in the maximum contract price of $25,000. EXHIBIT "E" SCHEDULE OF PERFORMANCE 1. Pursuant to Section 3.2 of this Agreement, Consultant shall make all reasonable and conscientious efforts to complete the Residential Design Guideline document within a six (6) month schedule. The Consultant shall prepare for approval of the City a list of all anticipated dates for deliverable products specified in Exhibit A as tasks within 15 days of approval of this Contract. 2. The Contract Officer may provide reasonable time extensions to the schedule of performance to the Consultant based upon written requests made by the Consultant and approved in writing by the Contract Officer.