HomeMy WebLinkAboutSPECIAL MEETING -TUSTIN LEGACY PROPERTY MANAGEMENT/CARETAKER SERVICESAGENDA REPORT
M14:11:11-611W&ORWAIN •
FROM: CITY MANAGER'S OFFICE
Agenda Item
Reviewed:
City Manager
Finance Director
SUBJECT: TUSTIN LEGACY PROPERTY MANAGEMENT/CARETAKER SERVICES
SUMMARY
Approval is requested for allocation of funding for Tustin Legacy Property
Management/Caretaker services from the Tustin Legacy Expenditure Account,
previously appropriated on December 6, 2011, until resolution of State funding issues
pertaining to the Recognized Obligation Payment Schedule is reached with the
California Department of Finance (DoF).
RECOMMENDATION
It is recommended that the City Council authorize the City Manager or Assistant
Executive Director to fund the City's Consultant Services Agreement with So Cal
Sandbags for Property Management/Caretaker Services from available balances in the
Tustin Legacy Expenditure Account (200-40-00-7500) until the resolution of funding
issues pertaining to the First Amended Recognized Obligation Payment Schedule with
DoF.
FISCAL IMPACT
It is estimated that the cost of the current contract for So Cal Sandbags' property
management/caretaker services from January 3, 2012 through June 30, 2012 will not
exceed $234,342, which will be funded from previously appropriated funds by the City
Council (Tustin Legacy Expenditure Account 200-40-00-7500).
BACKGROUND
On December 6, 2011, the Tustin City Council made a budget appropriation in the
amount of $1,000,000 out of the Capital Projects fund undesignated fund balance to be
expensed out of the Tustin Legacy Expenditure Account (200-40-00-7500) to fund a
number items including the purchase of environmental insurance and any required
environmental insurance deductible payments for remediation claims, any required
reimbursements to the Department of Toxic Substances Control {DISC) for
Agenda Report
Property Management/Caretaker Services Funding
April 17, 2012
Page 2
coordination on environmental claims, the preparation of CC &R's for a portion of the
Tustin Legacy Project, and certain planning studies needed as identified in the Tustin
Legacy Disposition Strategy.
The total funding to date already committed from the Tustin Legacy Expenditure
Account (beginning balance: $1,000,000) for these items is currently $524,000 as
follows:
Environmental Insurance: $195,000
Environmental Insurance Deductibles: $200,000
DTSC Reimbursement Agreement: $ 40,000
CC &R & Master Association Creation /Preparation: 85,000
Sub - Total: $524,000
Available Balance:
$476,000
In addition to these items required to support the development of City property at Tustin
Legacy, the Successor Agency has also been responsible for funding and oversight of
property management/caretaker services on City -owned and leased property within the
MCAS Tustin Project Area. The Tustin Community Redevelopment Agency (Agency),
on behalf of the City, initially assumed property maintenance responsibilities in May
2002 upon conveyance of property pursuant to the Economic Development
Conveyance (EDC) Agreement, executed May 5, 2002, between the United States of
America (acting by and through the Department of the Navy) and the City of Tustin.
This umbrella EDC Agreement also resulted in two Leases in Furtherance of
Conveyance with the Department of the Navy wherein a significant amount of property
was leased by the Navy in anticipation of future conveyance and subject to all
maintenance responsibilities until conveyance being assumed by the local
redevelopment authority. With the exception of a short time period from June 2007
through August 2010 when a particular Master Developer maintained the site (which
defaulted on its obligations), the Agency previously continually funded and oversaw
property management/caretaker services within the MCAS Tustin Project Area from
2002 to the present.
Prior to approval of the EDC Agreement by the Department of the Navy (DoN), a
detailed EDC Application for the property, which included a Business and Operational
Plan, identified the necessity to perform various property management and caretaker
services within the MCAS Tustin Project Area until conveyance of various portions of
the property to third parties. Aside from land -based funding options (i.e., Land Sales
Proceeds, Developer Infrastructure Payments) that would enable the City to implement
Agenda Report
Property Management/Caretaker Services Funding
April 17, 2012
Page 3
its redevelopment activities within the MCAS Tustin Project Area, Redevelopment
funding (i.e., specifically tax increment) was committed as the primary local investment
funding source for activities such as property management/ caretaker services. The
DoN's decision to convey the property to the City was a result of various commitments
in the EDC Application, including the ability to commit to utilizing certain funding
sources, including tax increment. The availability of tax increment was a critical element
of DoN approval of the EDC Application and the willingness for DoN to enter into an
EDC Agreement for conveyance of the former MCAS Tustin to the City. Receipt of the
property was conditioned upon the property being used for economic development
purposes consistent with the federal approved Reuse Plan for the former MCAS Tustin
which assumed use of redevelopment tax increment revenues to fund project
disposition and development costs, including property management and caretaker
services.
As a result of the California Supreme Court's decision on December 30, 2011
(upholding passage of Assembly Bill 1X 26), which caused the dissolution and wind
down of all redevelopment agencies ( "Dissolution Act ") effective February 1, 2012, the
Tustin Community Redevelopment Agency is now a dissolved community
redevelopment agency pursuant to the Dissolution Act. Despite the dissolution of the
Tustin Community Redevelopment Agency, the requirement to fund and oversee
property management/caretaking activities continues to be an on -going responsibility of
the Successor Agency to ensure protection of public health and safety. Specifically,
failure to ensure all erosion and sediment control are properly installed and regularly
maintained can subject the project and City to penalties of up to $10,000 a day.
Property management also includes the need to continue to maintain certain regulatory
permits (401, 404, and 1600), previously assumed from the former master developer, as
obtained from the Regional Water Quality Control Board, U.S. Army Corps of
Engineers, and the California Department of Fish & Game, respectively, and among
other things provide the necessary authorizations to remove certain wetland channels
across the site in support of development within the Project Area.
In addition to performing the required erosion and sediment control obligations across
the site, property maintenance must continue to be performed (e.g., weed
control /abatement, litter collection, etc.) to protect existing grading and fill sites that
have been created for certain Tustin Legacy Backbone Infrastructure (i.e., Tustin Ranch
Road Phase I project boundaries, ramps for pedestrian walkways to cross Armstrong
Road, Warner Avenue and Tustin Ranch Road), fire prevention, access control to the
property (e.g., perimeter fencing, Hangar 29), and maintenance of security fencing and
gates. Until the responsibility of various Disposition Parcels are transferred, and until
such time as new developer(s) or specific capital improvement projects are identified for
Agenda Report
Property Management/Caretaker Services Funding
April 17, 2012
Page 4
all remaining portions of the property or portions of the property (depending on the
strategy selected), management of properties within the site must continue to ensure
proper maintenance and oversight of the properties.
The subject property management/caretaker services was an identified "Enforceable
Obligation" under the initial Recognized Obligation Payment Schedule (ROPS) reviewed
and previously adopted by the Successor Agency and Oversight Board. Unfortunately,
the California Department of Finance (DoF) has rejected the item as an Enforceable
Obligation. While the City is protesting this decision, continued property
maintenance /caretaker services must continue and the City will need to temporarily use
the balances in the Tustin Legacy Expenditure account pending resolution of the matter
with DoF. There is an adopted reimbursement agreement between the City and
Successor Agency for the period through June 30, 2012 that permits reimbursement to
the City of any project expenses that are determined to be Enforceable Obligations.
Until such time as the State resolves all outstanding funding issues and decides
whether the subject agreement is an "Enforceable Obligation ", staff is requesting
authorization to fund the required property management/caretaker services in an
amount not to exceed $234,342 for the period January 3, 2012 through June 30, 2012
from the Tustin Legacy Expenditure Account to coincide with the current term of the
property management/caretaker services Consultant Services Agreement.
Staff will be available to answer any questions.
1
Christine Shingleton
Assistant Executive Dire 2r
Attachments: 1. Consultant Services Agreement for Property Management/
Caretaker Services
2. Amendment No. 1 to Consultant Services Agreement for Property
Management/Caretaker Services
ATTACHMENT
CONSULTANT SERVICES AGREEMENT FOR PROPERTY
MANAGEMENT /CARETAKER SERVICES
CONSULTANT SERVICES AGREEMENT
FOR
PROPERTY MANAGEMENT /CARETAKER SERVICES
FOR A PORTION OF TUSTIN LEGACY
This Agreement for Consultant Services is made and entered into as of January
3, 2011 by and between the CITY of TUSTIN ( "CITY "), a municipal corporation duly
organized under the laws of the State of California and SO CAL SANDBAGS, INC,
a California Corporation ( "Consultant').
A. CITY is responsible for maintaining real property and facilities located at
Tustin Legacy ("City Service Area ") and desires to ensure adequate
operation, maintenance, and protection of the City Service Area.
B. To ensure that adequate operation, maintenance, and protection of the City
Service Area, City requires professional services and related services
pending disposition of property and facilities to private and public
development interests.
C. Consultant is qualified to provide the necessary services, has been selected
because of its extensive related experience and familiarization with other
properties at the Tustin Legacy project and at The Neighborhoods at Heritage
Field (Former Marine Corps Air Station at El Toro).
D. City has issued a "Scope of Services" a copy of which is attached hereto as
Exhibit A and is by this reference incorporated herein as though fully set forth
hereto.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises, covenants, and conditions contained herein, the parties agree as follows:
1. SERVICES OF CONSULTANT
1.1 Necessary Services. Consultant shall provide to the CITY the
personnel, transportation, consumables, equipment, tools, materials, supervision,
management, and other services necessary to manage and perform the
maintenance, operations, repairs, and other necessary services in compliance with
all terms and conditions of this Agreement and as specified in the "Scope of
Services" 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 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 government agency
of competent jurisdiction.
1.3 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.
1.4 Familiarity with Work. By executing this Contract, Consultant
warrants that they (a) have thoroughly investigated and considered the work to be
performed, (b) have investigated the site of work and become fully acquainted with
the conditions there existing, (c) have carefully considered how the work should be
performed, and (d) fully understand the facilities, difficulties and restrictions
attending performance of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in
the work or as represented by the City, Consultant shall immediately inform the City
of such fact and shall not proceed with any work except at Consultant's risk, until
written instructions are received from the Contract Officer.
1.5 Care of Work. Consultant shall adopt and follow reasonable
procedures and methods during the term of the Agreement to prevent loss or
damage to facilities, equipment, materials, records, papers or other components of
the work, and shall be responsible for all such damage until termination of the
contract by the City, except such loss or damages as may be caused by the City's
own negligence.
1.6 Special Requirements. Any additional terms and conditions of this
Agreement are set forth in Exhibits B, C, D, and E and are incorporated herein by
this reference. In the event of a conflict between the provisions of Exhibit A and any
other provision or provisions of this Agreement, including Exhibit B, C, D, and E,
the provisions of Exhibit A shall govern.
2. COMPENSATION
2.1 Compensation. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed consistent with the
specific cost line items and requirements for operating costs, as more fully set forth
in Exhibit C and which is incorporated herein by reference as though fully set forth
herein, and which shall not in any event exceed an annual compensation amount of
Five Hundred Forty Seven Thousand Five Hundred and Twenty Four Dollars
($547,524), plus any exercise by Tustin of the option for a one -time not to exceed
compensation amount of Thirty Eight Thousand Dollars ($38,000) to address initial
mowing and weed abatement as described in Exhibit C. The monthly operating cost
for the provision of caretaker /property management services shall also not exceed
the amounts as set forth in Exhibit C. The "Not to Exceed Monthly Amount" is based
on the estimated average for the year. Because of the seasonal nature of
maintaining the site particularly due to rainfall, the "Not to Exceed Monthly
Compensation Amount" in the dry months may not be reached. In "wet" months the
effort to maintain the site by the Consultant may also result in the Consultant
needing to apply additional resources and hours which would typically exceed the
"Not to Exceed Monthly Compensation Amount ". To recognize this variation of
seasonal response, time and materials that do not get billed up to the "Not To
Exceed Monthly Compensation Amount" in any one month (the "Monthly Surplus ")
as shown in Exhibit C may be applied, if determined warranted by the City, to a
subsequent month during the annual term of this Agreement based on a time and
materials basis only provided; however, in no case shall the maximum "Not to
Exceed Compensation Amount" for the year be exceeded.
2.2 Minimum Level of Service. The cost contained in this Agreement
shall represent the minimum level of caretaker, property management and
maintenance services required to protect assets, resources, and systems within the
CITY SERVICE AREA.
2.3 Fully Burdened Costs. The costs presented under this Agreement
reflect the fully burdened hourly costs associated with providing caretaker /property
management and maintenance services under this Agreement, except as otherwise
noted in Exhibit C.
2.4 Method of Payment. All work conducted under this Agreement
shall be billed consistent with the fully burdened hourly rates and budget included in
Exhibit C of this Agreement and in such form and containing such documentation as
reasonably required by the City in order to establish charges and to enable
compensation therefore by the City. Each such invoice shall include the amount of
payment requested, the total compensation permitted by line item in Exhibit C, and
any other such information as may be reasonable and necessary to secure the
written approval of the invoice by the City. Consultant shall submit written invoices
not more frequently than monthly. In any month in which Consultant wishes to
receive payment, Consultant shall no later than the first working day of the next
month following the month of service, submit to the City an invoice for service. The
City shall pay Consultant for all expenses stated thereon which are approved by the
City consistent with this Agreement,
2.5 Changes. In the event any change or changes in the work is
requested by the 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 modification to Consultant's fees. An Addendum may be entered
into to provide for revisions or modifications to the scope of work, Exhibit A, including
but not limited to, a reduced level of service.
Consultant acknowledges that the City, at its discretion, may increase or
decrease any specific line item or a decrease in the maximum funding amount
reflected in Section 2.1, within fifteen (15) days notice to Consultant. Increases in
any line item shown in Exhibit C shall result in decreases in other line items as shall
be recommended by the City and coordinated with and agreed to in writing between
the City and Consultant. Any decrease in the maximum funding shall be
accompanied by a corresponding decrease in caretaker /property management
services under the Agreement which shall be coordinated and agreed to in writing
between the City and Consultant.
Consultant acknowledges that as infrastructure projects progress and any
development agreements are entered into with developers in the near future at
Tustin Legacy, the City expects to reduce the City Service Area and decrease the
corresponding compensation associated with any applicable portion of the
compensation amount so that the total annualized costs would be expected to be
scaled down over time as construction or development activity occurs. In the first
year alone, for instance, grading operations for the Tustin Ranch Road project to
begin sometime in early 2011 are expected to result in a reduction in the City
Service and a City request for modification to the Consultant Services Agreement.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed within any time frames prescribed in Exhibit A
( "Scope of Services ").
4. COORDINATION OF WORK
4.1 Representative of Consultant The following Principal of Consultant
is hereby designated as being the Principal and representative of Consultant
authorized to act in its behalf with respect to the work specified herein and make all
decisions in connection therewith:
Steve Rasinski, Vice President
12620 Bosley Lane
Corona, CA 92883
Phone (951) 277 -3404 FAX (951) 277 -1683
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principal is substantial inducement for the City to enter into this
Agreement. Therefore, the foregoing Principal shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time
to personally supervise the services hereunder. Consultant may not change the
foregoing Principal without the express written approval of the City.
4.2 Contract Officer. The Contract Officer shall be the Assistant City
Manager of the CITY unless otherwise designated in writing by the Contract Officer.
For purposes of day -to -day liaison and administration, the City will assign a Project
Manager who shall be primarily responsible for coordination with Consultant in the .
provision of the City of Tustin support when necessary and requested by Consultant.
It shall be Consultant's responsibility to keep the Project Manager and Contract
Officer fully informed of the progress of the performance of the services and
Consultant shall refer any decisions on the Agreement, which must be made by the
City to the Contract Officer. Unless otherwise specified herein, any approval of the
City required hereunder shall mean the approval of the Contract Officer.
4.3 The Consultant Principal identified in Section 4.1 shall meet with
the Contract Officer or designee and /or Project Manager at least monthly, or as
more frequently requested by the Contract Officer or designee and /or Project
Manager.
4.4 Prohibition Against Subcontracting. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were
substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or part the
services required under this Agreement without the express written approval of the
City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of
City.
4.5 Independent Contractor. 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
contractor of CITY and shall remain at all times as to CITY a wholly independent
contractor 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 the City. Consultant shall be solely responsible for compliance
with State and Federal Law with respect to the wages, hours, benefits and working
conditions of its employees, including requirement for payroll deductions for taxes.
Employees or independent contractors of Consultant are not City employees.
5. INSURANCE /INDEMNIFICATION
5.1 Insurance
A. Consultant shall maintain in full force and effect during the term of this
Agreement policies of commercial general liability and automobile liability insurance
(each of which shall include property damage and bodily injury) and each with limits
of at least one million dollars ($1,000,000) combined single limit coverage per
occurrence.
C nsultan hal ainta in f I force ect Burin the erm of this
a po cy professi iability i ur n e cove ge limits lea t
C. To the extent required by law, Consultant shall carry and maintain
Workers' Compensation insurance as is required to fully protect Consultant and its
employees under California Worker's Compensation Insurance Law. The insurance
company shall agree to waive all rights of subrogation against the City and
Department of the Navy (for LIFOC Parcels only) for losses paid under the policy,
which losses arose from the work performed by the named insured.
D. Other applicable insurance requirements are: (1) Name the City and
Department of Navy (as to the LIFOC Parcels only) and its officials and employees as
additional insured on the commercial general and automobile policies. (2) The
insurance shall be issued by a company authorized by the Insurance Department of
the State of California and rated A, VII or better (if an admitted carrier) or A -, X (if
offered, by a surplus line broker), by the latest edition of Best's Key Rating Guide,
except that the City will accept workers' compensation insurance rated B -VIII or better
or from the State Compensation Fund. (3) The Insurance shall not be cancelled,
except after thirty (30) days written prior notice to the City; and (4) The commercial
general and automobile liability insurance shall each be primary as respects the City,
and any other insurance maintained by the City shall be in excess of this insurance and
not contribute to it.
E. Upon execution of this Agreement, Consultant shall provide to City
certificates of insurance and insurer endorsements evidencing the required insurance.
Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as
evidence of meeting the requirements of Subsections (1) (3) and (4) of Section 5D
above and the waiver of subrogation requirement in Section C above. If self- insured
for worker's compensation, Consultant shall submit to City a copy of its certification of
self - insurance issued by the Department of Industrial Relations.
F. Consultant shall provide to City a written notice of cancellation of
insurance within five (5) days of its receipt of a notice of cancellation from any
insurance carrier providing general liability, auto, worker's compensation and
professional liability insurance. Said notice shall be in writing and sent to the City via
U.S. Mail, first class, postage prepaid thereon or FedEx overnight to:
Attention: Contract Officer
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Failure to provide such notice to City as set forth above shall constitute a material
breach of this Agreement and Consultant acknowledges and agrees that the City shall
be entitled to recover from Consultant any and all damages arising as a direct and
proximate result thereof.
In addition, Consultant shall instruct its insurance broker to provide the City with written
notice of cancellation of any insurance policy(ies) applicable to this Agreement within
forty -eight (48) hours of the broker's knowledge of any cancellation by the insurance
provider.
5.2 Pollution Legal Liability Insurance The Consultant shall obtain at its
sole cost and expense and maintain in effect from the inception of the Agreement
until the Scope of Work is complete, Pollution Legal Liability insurance which
provides financial protection and assurance for the benefit of the City of Tustin, for
all claims, losses, expenses and costs related to or arising from pollution conditions,
including those related to asbestos containing materials, lead based paint, PCBs
and petroleum products and their derivatives that are created, released or conveyed
through the Consultant's or the Consultant's agents' activities and performance
under the contract including negligence or failure to perform the project.
Consultant shall provide to the City within ten (10) working days after the date of
approval of the Consultant Services Agreement evidence of the aforementioned
insurance with insurer endorsements, which must meet the requirements of this
Section 5.2 of the Agreement. An Accord Certificate will be accepted solely as
evidence of the name of the insurers and the amounts of insurance.
Consultant shall provide City with a Certificate of Insurance form which
evidences the required insurance. This certificate shall cover risks associated with
personal injury, property damage, defense costs and remediation costs, in an
aggregate amount of not less than $5,000,000.00 and with a self insured retention
amount not in excess of $100,000 per claim. Such insurance coverage shall name
the City of Tustin, the Tustin Community Redevelopment Agency, . and the
Department of the Navy (only for those portions of the project within the boundaries
of the properties owned by the Federal Government) as additional insured, without
any limitations on coverage different from those provided for the Consultant. Such
policy shall provide that the carrier waives any right of subrogation again the City of
Tustin, the Tustin Community Redevelopment Authority, and the Department of the
Navy. Such policy shall not be a cancelable by the Consultant without the prior
written consent of the City, and shall have the premium paid at inception and 100%
earned at that time. Consultant shall provide evidence of its ability to satisfy multiple
self insured retention amounts (Multiple SIRS would be the SIR for each claim so if
there were 5 claims, the contractor would have to satisfy the $100,000 SIR 5 times).
5.3 Indemnification
A. General. The Consultant shall defend, indemnify and hold
harmless the City and Department of the Navy (as to LIFOC Parcels only) and 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 the Department of the Navy, arising from errors and
omissions of Consultant, its officers, employees and agents, and arising out of or
related to Consultant's performance under this Agreement, except for such loss as may
be caused by City's or Department of the Navy's sole negligence or that of its officers
or employees.
The Consultant shall also defend, indemnify and hold the City harmless from
any claims or liability for City health and welfare, retirement benefits, or any other
benefits of part-time or full -time City employment sought by Consultant's officers,
employees, or independent contractors, whether legal action, administrative
proceeding or pursuant to State statue.
B. Environmental. CONSULTANT will indemnify and hold harmless
the CITY from any costs, expenses, liabilities, fines, or penalties resulting from
discharges, emissions, spills, storage, disposal, or any other action by
CONSULTANT giving rise to CITY liability, civil or criminal, or responsibility under
Federal, State or local environmental laws incident to this Agreement. Conditions or
activities giving rise to the aforementioned liabilities which occurred prior to the onset
of this Agreement, and are not a result of or related to any action by CONSULTANT,
are not subject to this indemnification. This provision will survive the expiration or
termination of this Agreement and CONSULTANT's obligation hereunder will apply
whenever the CITY incurs costs or liabilities for CONSULTANT's actions of the type
described in this subsection.
6. RECORDS AND REPORTS
6.1 Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require. CONSULTANT agrees to provide
such reports within a reasonable period of time and in such detail as may be
required.
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. Consultant shall also afford any authorized
representatives of the City, access to and the right to examine all records, books,
papers, and documents, including records in automated forms, that are within
Consultant's custody or control and that relate to its performance under this
Agreement. Consultant will retain such records intact for at least three (3) years
following termination of this Agreement. Access to Consultant's' records will be only
during normal business hours, and the requesting party will give Consultant twenty -
four (24) hours prior notice of its intention to examine Consultant's records that
relate to the performance of this Agreement.
6.3 Ownership of Documents. All documents, specifications, records,
documents and other materials prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the 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 the City of its full rights or City's 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 Document. All 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. TERM
Unless terminated in accordance with Section 8.7 of this Agreement, the term of
services under this Agreement shall commence upon execution of the Agreement for
a one (1) year period, unless terminated sooner or renewed annually, subject to
budget appropriations, in accordance with the provisions set forth herein, including
required Agreement changes or modification provisions contained in Section 2.5.
8. ENFORCEMENT OF AGREEMENT
8.1 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.
8.2 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 thirty (30) days after service of the
notice, or if 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 8.6 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.
8.3 Waiver. No delay or omission in the exercise of any right or remedy
of a non - 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.
8.4 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.
8.5 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.
8.6 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 as determined by
City in its discretion. Upon receipt of the notice of termination, Consultant shall
immediately cease all services hereunder except 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.
8.7 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may
terminate this Agreement after providing the Consultant with a Notice of Non -
Compliance, specifying the grounds therefore and all facts demonstrating non-
compliance and (10) calendar days to cure such deficiencies. 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.
8.8 Attorneys Fees. If either party commences an action against the
other party arising out of or in connection with this Agreement or its subject matter, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
9. CITY OFFICERS AND EMPLOYEES; NON - DISCRIMINATION
9.1 Non - Liability of City Officers and Employees No officer or
employee of the City shall be personally liable to Consultant, or any successors -in-
interest, in the event of any default or breach by the City or for any amount which
may become due to Consultant or its successor, or for breach of any obligation of
the terms of this Agreement.
9.2 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 or color.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices, transmissions, correspondence, reports, official
communications, and /or statements authorized, made under, or required by this
Agreement shall be in writing and shall be delivered by hand, facsimile transmission,
or by U.S. Mail, First Class postage prepaid, to the other party at the address or
facsimile transmission telephone number 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
needed as provided by this Section.
CONSULTANT: So Cal Sandbags, Inc. a California Corporation
12620 Bosley Lane
Corona, CA 92883
Attention: Steve Rasinski, Vice President
Phone (951) 277 -3404 FAX (951) 277 -1683
CITY: Christine Shingleton, Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Phone (714) 573 -3107
FAX (714) 838 -1602
cshingleton @tustinca.org
10.2 Integrated Agreement This Agreement contains all of the
agreements of the parties and cannot be amended or modified except by written
agreement.
10.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
10.4 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.
10.5 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 doing so executing this Agreement
the parties hereto are formally bound to the provisions of this Agreement.
10.6 Change of Circumstances. Each party will promptly notify the other
party of any legal impediment, change of circumstances, pending litigation, or any
other event or condition that may adversely affect such party's ability to carry out any
of its obligations under this Agreement.
10.7 Third Party Beneficiaries. The parties agree that the provisions of
this Agreement are not intended to directly benefit, and shall not be enforceable by
any person or entity not a party to this Agreement. By entering into this Agreement,
neither party waives any of the immunities provided under state or federal law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
"CITY"
City of Tustin, a municipal corporation
DATED: B n'
y: +� �
David C. Biggs, City Manager or
Christine A. Shingleton, Assistant City
Manager
DATED: L Zl ID
DATED:
CONSULTANT
So Cal Sandbags, Inc., a California
Corporation.
By. �h I
Steve Rasinski, Vice President
APPROVED AS TO FORM
CITY OF TUSTIN
By:
Dog Holland
City Attorney
S 1RDXConsultants at LegacyZo Cal SandbagsTroperty Management Consultant ten ices Agreement Final doc.
Attachments Table of Contents
• Exhibit A — "Scope of Services"
• Attachment 1 — "Services Area Map"
• Attachment 2 — "Key Control Plan"
• Exhibit B — "Special Restrictions"
• Exhibit C — "Schedule of Compensation"
o Attachment 1 "Estimated Monthly Budget'
o Attachment 2 "Estimated Monthly Budget Line Items"
o Attachment 3 "So Cal Sandbags, Inc 2010/2011 Tustin Legacy
Certified Payroll Price List'
• Exhibit D — "Spill Contingency and Hazardous Material Plan"
o Attachment 1 — "Emergency Coordinators"
o Attachment 2 — "Spill Control Equipment'
o Attachment 3 — "Hospital Route Map"
• Exhibit E — "Erosion Control Plan"
SCOPE OF SERVICES
The following identifies the work that the Property Management Consultant (the
"Consultant ") shall perform to land (mass graded land), buildings (Hangar 29 and
Building 3000T), and facilities (fencing, gates, Navy equipment, etc.) on City -
owned and Department of Navy — leased properties leased to the City, as
applicable, within the City Service Area shown in Attachment 1 to this Exhibit A
(the "Service Area Map "). The Consultant's include the management and
inspection necessary to ensure continued: property erosion and sediment
control; property maintenance; general building weather tightness and security;
fire prevention; and security fencing and access control
City- maintained property, buildings, and facilities are located on approximately
805 acres (the "Service Area ") at the Former MCAS Tustin (referred to herein as
"Tustin Legacy ") as shown on the Service Area Map.
The Scope of Services includes work in the following five main sections:
1. MANAGEMENT /GENERAL REQUIREMENTS
2. GROUNDS, BUILDINGS, AND FACILITIES MAINTENANCE
3. EROSION AND SEDIMENT CONTROL
4. MISCELLANEOUS SERVICES
5. CONTINGENCY
1. MANAGEMENT /GENERAL REQUIREMENTS
1.1. Standards - The standards for routine caretaker maintenance and
inspection of facilities are detailed in this section. A sample inspection
checklist, based on the standards and_ maintenance level shall be
produced by Consultant and approved by the City for this use. The goal
is to limit expenditures to the minimum necessary to prevent facility
deterioration and preserve the potential for long -term facility reuse by
future developers. It is expected that the Consultant will employ prudent
judgment and experience when applying maintenance and repair
techniques and standards to specific activities, facilities and situations.
Labor, as well as, material and equipment costs for all work performed
shall be tied to a specific budgetary line item to facilitate cost accounting
and invoice review.
1.2. Administration — The Consultant shall have a working supervisor on -site
(within the Service Area) for eight (8) working hours each day during the
City of Tustin's regular working hours (7:30 a.m. to 5:30 p.m., Monday
through Thursday, and 8:00 a.m. to 5:00 p.m. on Fridays) that will
provide site presence, incidental inspection and overall direction of the
interim property management and caretaker maintenance crew. The
Consultant's staff will update work plans and coordinate interim property
management requirements, process billing and payments, monitor
budget execution and financial management, manage any technical
library and records, and perform other duties as directed. The overall
management support for the Agreement and most of the administrative
activities will take place in the office of the Consultant located at Gate #7
at Tustin Legacy, unless otherwise authorized by the City.
Administrative duties shall include, but are not limited to the following:
❑ Project management of total work effort.
• Weekly and /or Monthly update meetings, as needed
• E -mail and telephone communication.
• Written correspondence.
• Equipment ownership /leasing and maintenance
management.
• Inspection of base, Quality Assurance (QA) & Quality
Control (QC) management of contracted items,
including:
• Employee Oversight and Coordination
• Training /Orientation of New Employees
• Management of employees.
u Response to requests from the Department of the Navy and
its contractors, Developers, Regulatory Agencies, and
others, as needed.
❑ Administrative Support.
• Database expense entries, material & labor.
• Monthly meeting minutes
• Prevailing Wage Timesheet tracking
• Records & filing
1.3 Records - Records shall be maintained which will reflect periodic
maintenance performed, including scheduled and accomplished dates,
and any repairs made, and all required prevailing wage timesheet
tracking and documentation. Submit all reports, data, or other submittals,
including prevailing wage payroll, required as part of the Scope of
Services to the City's Contract Officer. The Consultant shall establish
and maintain a central repository for maintenance documents for City of
Tustin review.
1.4 Emergency Response - The Consultant shall have procedures for
receiving and responding to emergency service calls 24 hours per day, 7
days per week, including weekends and holidays. Response to
emergency calls will be immediate and corrective action to arrest an
emergency will begin no later than one hour after receipt of the service
call. The Consultant shall respond and arrest the emergency condition
before departing the work site. The Consultant shall also adhere to the
"Spill Contingency and Hazardous Materials Response Plan" in Exhibit D
detailing procedures for responding to hazardous waste, fuel and other
chemical spills in accordance with Federal, State, and Navy regulations,
including the Lease in Furtherance of Conveyance ( "LIFOC ") between
the City of Tustin and the Department of the Navy.
1.5 Equipment and Materials — The Consultant shall be responsible for
procuring all equipment, materials, and utilities required to perform all of
requirements of this Agreement.
1.6 Grounds. Buildings, and Facility Maintenance Levels — All areas covered
under this Agreement shall be maintained to the minimum extent
possible for providing protection against fire and erosion.
1.7 Release of Information — The Consultant shall not release to the public or
press any information regarding the purpose /Scope of Services to be
accomplished or data specific to the project required under the Agreement
without prior authorization from the Contract Officer. All such information is
considered confidential. All inquiries made of Consultant shall be
immediately referred to the Contract Officer.
1.8 Department of the Navy — The Consultant understands and agrees that
there may be ongoing Installation Restoration Program (IRP) projects or
other Navy activities in support of environmental cleanup or disposal
operations at Tustin Legacy. The Consultant agrees to cooperate to the
extent necessary in support of these operations, and will not interfere
with or hinder any such operations by the Navy.
1.9 Environmental Protection /Utility Provisions - The Consultant will
indemnify and hold harmless the CITY from any costs, expenses,
liabilities, fines, or penalties resulting from discharges, emissions, spills,
storage, disposal, or any other action by Consultant giving rise to CITY
liability, civil or criminal, or responsibility under Federal, State or local
environmental laws incident to this Agreement. Conditions or activities
giving rise to the aforementioned liabilities which occurred prior to the
onset of this Agreement, and are not a result of or related to any action
by Consultant, are not subject to this indemnification. This provision will
survive the expiration or termination of this Agreement and Consultant's
obligation hereunder will apply whenever the City incurs costs or
liabilities for Consultant's actions of the type described in this subsection.
2. GROUNDS, BUILDINGS AND FACILITIES MAINTENANCE
The Consultant shall perform the following grounds, buildings, and facilities
maintenance as required to maintain a respectable appearance with highest
priority assigned to areas with highest visibility, to ensure adequate erosion
and sediment control as further defined in Section 3 below, to protect
property, for ground maintenance and maintenance of internal Navy access
routes safe and free of driving hazards, prevention of fire hazard build up in
landscaping and adjacent to facilities, weed abatement and removal, or other
services as ordered by the City of Tustin.
2.1. Grass Cutting and Trimming
2.1.1.GrassNegetated areas shall be maintained within a height of
approximately eighteen inches (18 "), with the exception that all
vegetated drainage channels shall be maintained at a maximum
height of six inches (6 "), but mowed or disked no more than once
every other month from July 1 s� to December 315 and monthly from
January 15t to June 30th. There will be no irrigation on -site.
Adjustments to heights can be made with prior City of Tustin
approval. Disking of open fields is recommended once a year on or
around June 1'. Some vegetation is expected to be kept in place
to prevent erosion. Grass clippings shall not be windrowed or
deposited in piles or clumps. Clippings shall be uniformly distributed
over the mowed area. Prior to mowing, the Consultant shall pick up,
remove, and dispose all rubbish, debris, and trash (which includes
but is not limited to leaves, paper, etc) within the maintenance area,
and all trash which is on or near fences and foundation walls.
Trimming around cultivated areas, fences, poles, walls, and other
similar objects is to be accomplished to meet safety and minimum
fire protection requirements.
2.1.2. Consultant shall perform the following hand weeding as needed to
comply with 2. 1.1 above, or as otherwise noted:
2.1.2.1. Exterior perimeter;
2.1.2.2. Within a minimum of ten feet (10') of Navy remediation
equipment, including all wells, vaults, conveyance piping,
buildings, utility boxes, etc;
2.1.2.3. Along and in drainage channels and culverts, quarterly;
and,
2.1.2.4. Apply "Roundup' or similar weed killer to graded pads,
once yearly on or around September 1".
2.2.Trash and Litter Policing — The Consultant shall perform regular policing
of Service Area to pick -up and remove all litter (e.g. trash, paper, dead
vegetation, limbs, etc.) not compatible with a well -kept property. Areas for
policing include all property within the Service Area with specific attention
and priority to areas with the highest visibility from the public right -of -way
(e.g. property perimeter, fence lines, etc). The Consultant shall provide
policing services during regular working hours using a vehicle configured
to minimize damage to grounds. All litter shall be collected and disposed
of by the Consultant consistent with Section 4.5.
2.3.Access Road Maintenance - The Consultant shall perform informal drive -
by inspections and provide minimum maintenance and dust control, as
necessary, for all drivable Navy access easements of record, in a safe
and drivable conditions within the Service Area. The Consultant shall
ensure that the subject areas are functional without large potholes,
surface breaks, and major cracks that would interfere with usability and
vehicular traffic, and make repairs as needed.
2.4. Secure Hangar 29 & Building 3000T - As required under the Navy ground
lease, until such time as they may be demolished, including:
2.4.1. Regularly inspect building exteriors not less than once a week to
ensure buildings are "buttoned -up" to minimize vandalism, including
weekly inspections of the structures and identification of any
trespassing, burglary, and /or vandalism activities. All doors and
windows shall be secured closed with the only points of
ingress /egress through controlled points of access.
2.4.2. Replace or install new plywood, as appropriate, or re- securing any
broken or windows or doors.
2.4.3. Reasonable fire prevention, as determined practical, in addition to
immediate notification of the Orange County .Fire Authority by
dialing 911 for coordination of immediate response. Preventative
fire protection shall also include the monthly clearing of all dried
landscaping and brush within a minimum of fifty (50) feet of the
structures consistent with the Orange County Fire Authority Fuel
Modification Plans for non- irrigated zones, and ensuring
compliance with mowing standards in Section 2.1 above.
2.5. Fencing - Repair and maintain all perimeter fencing, existing "green
screen ", gates, and locks. Repair and maintenance of fencing damaged
due to weather, vehicle accidents, vandalism, or other non - scheduled
fence repair /maintenance shall also be performed in accordance with the
established Emergency Response procedures.
2.6. Navy Equipment - Protect in place all Navy remediation and monitoring
system, including maintaining all existing protection measures (i.e.
fences, bollards, etc) around all existing Navy equipment. within the
Service Area. Vegetation around all Navy equipment shall be maintained
as noted in 2.1 above.
2.7. Rock and Dirt Stockpile Protection — Protect the existing dirt and crushed
gravel stockpiles, located generally near the northeast corner of
Armstrong Avenue and future Warner Avenue, from wind and water
erosion and ensure compliance with applicable regulations, including from
the Air Quality Management District (AQMD).
3. EROSION AND SEDIMENT CONTROL
The Consultant shall perform Erosion and Sediment Control services per the
"Erosion /Sediment Control Plan for Tract No. 17026 ", dated August 10, 2007,
attached to this Agreement as Exhibit D and on file with the City's Public
Works Department as a Municipal Fixed Facility, unless otherwise directed by
the City. The Consultant shall perform, at a minimum, the following erosion
and sediment control activities:
Maintenance of drainage channels, culverts, and temporary desalting
basins, including "Temporary Desilting Basin 'A "' at the northeast
corner of Barranca Parkway and Red Hill as part of the Phase 2
Option. Maintenance includes, but is not limited to:
o Hand weeding in accordance with Section 2.1 above,
Policing and removal all litter and debris before and after rain
events.
• Maintain graded slopes, including future pedestrian bridge
embankments and interim earth swales, and control against erosion
• Install and maintain BMPs: sandbag barriers, temporary visqueen
spillways, temporary drain pipes and riser, check dams, stabilized
construction entrance(s), etc.
• Maintain access gates (gravel, shaker plates, street sweeping, etc)
4. MISCELLANEOUS SERVICES
4.1.Access /Security Services - The City may determine if separate security
services are deemed necessary to protect the Service Area; however, the
Consultant is expected to keep all perimeter gates locked and the site
secure while on -site. When it is safe to do so the Consultant shall also
stop any unauthorized vehicle or person and if the person(s) are believed
to be engaged in potential criminal activity or unwilling to leave the site,
the Consultant shall contact the Tustin Police Department for appropriate
response.
4.2. Key Control - The Consultant will provide a key control system consistent
with Attachment 2 of this Exhibit with which the Consultant will maintain
and control all keys, combinations, and other devices used to control
access to buildings, secured spaces, or restricted areas. Unless directed
otherwise by the City, the Consultant will prohibit the use of keys by any
person other than the Consultant's employees or subcontractors. Extra
duplicate copies of keys shall not be produced without City's
authorization. The Consultant will prohibit the opening of locked areas to
permit entrance of persons other than the Consultant's employees or
subcontractors engaged in the performance of assigned work in those
areas, or as required to promote reuse of the property. In the event
another party will be granted continuing access to facilities, the
Consultant will be advised in writing by the City of specific instructions
pertaining to the access rights.
4.3. Destructive Weather Plan - The Consultant shall provide required
personnel, management, equipment, and material for destructive weather
preparation and cleanup. The Consultant shall manage his work effort for
destructive weather preparation and identify additional items of work
necessary to minimize the damage incurred by destructive weather. The
Consultant shall use prudent and efficient judgment in identifying these
additional items of work. Destructive weather includes but is not limited to
gales, rainstorms, flooding, earthquakes and wind.
4.4, Animal Control - The Consultant shall remove any dead or dying animals
in accordance with local ordinances. Appropriate measures shall be taken
by Consultant to eliminate odors caused by the presence of dead rodents
or other animals. The Consultant shall coordinate with Orange County
Animal Control and /or the local animal shelter for any animals captured
on -site.
4.5. Refuse Collection And Disposal - The Consultant shall collect and
dispose of refuse, and other discarded wastes, resulting from Interim
Property Management operations. All work performed shall conform to
the requirements of all applicable Federal, State, and local regulations
pertaining to environmental protection and occupational safety and
health, and to the procedures and safety requirements as identified by the
City of Tustin. The Consultant shall be responsible for any permits or
fees associated with disposal.
5. CONTINGENCY
Recognizing there can be unknowns in performing the interim property
management services, a small contingency amount of up to 5% of the total
monthly estimates have been included to handle unforeseen expenses.
Additional services shall be performed as authorized in writing by the City of
Tustin to the Consultant at a cost predetermined in writing by the City and the
Consultant on a time and material basis.
EXHIBIT A
Attachment 1
SERVICE AREA MAP
EXHIBIT A
Attachment
KEY CONTROL PLAN
Introduction
Exhibit A, Section 4.2 requires the establishment of a key control system with
which the Consultant will maintain and control all keys, combinations and other
devices used to control access to buildings, secured spaces, or restricted areas.
Key control is to be phased -in within 10 days of the execution of the Agreement.
Unless directed otherwise by the City, the Consultant will prohibit the use of keys
by any person other than the Consultant's employees and designated persons
listed on "Tustin Legacy Authorized Personnel List" on file at the City Community
Redevelopment Agency Office. The Consultant will prohibit the opening of
locked areas to permit entrance of persons other than the Consultant's
employees or subcontractors engaged in the performance of assigned work in
those areas, or to those persons listed on the "Tustin Legacy Authorized
Personnel List." In the event another party will be granted continuing access to
facilities, the Consultant will coordinate directly with the City to obtain specific
instruction of the City pertaining to the access rights.
Location: Consultant's trailer compound at Gate 7.
Assumptions:
• Vacant buildings will be locked with keyed -alike locks.
• A starting inventory of existing keys is available, but incomplete.
• Key control is a part -time effort.
Process:
Immediately upon execution of Agreement:
• Collect and inventory all existing locks and keys.
• Remove all locks as determined necessary by the City and replace with new
locks provided by the City.
• Prepare a digital key and lock inventory to be updated as needed.
• Provide inventory copies to the City.
On -going Responsibilities:
• Monitor all locks and promptly remove any unauthorized lock added by "daisy
chain" or other means.
• Key copies will be made available for checkout using a signed key request
and logbook entry system stating date, time, building number, name,
company, phone number and signature.
• The person with Key Control responsibility will follow up to retrieve keys that
are not returned within a reasonable time. Discrepancies will be noted and
reported.
EXHIBIT B
SPECIAL REQUIREMENTS
1. CONSULTANT shall not release to the public or press any information
regarding the purpose /scope of services to be accomplished or data specific to
the project required under the Agreement without prior authorization from the
Contract Officer. All such information is considered confidential. All inquiries
made of CONSULTANT shall be immediately referred to the Contract Officer,
2. CONSULTANT shall present to the CITY certificates of insurance and
endorsement forms verifying that the CONSULTANT has the insurance as
required by this Agreement. Said form shall be reviewed and approved by the
office of the City Attorney of the CITY.
3. If the Contract Officer determines that a product deliverable is unacceptable,
CONSULTANT shall submit a revised product at CONSULTANT'S expense.
4. Monthly progress reports shall be submitted by CONSULTANT with billing
requests. At a minimum, these reports shall specify the period reported, tasks
completed, tasks underway, percent of project completed and strategies to
solve any timing delays.
5. CONSULTANT shall be required to meet with the Contract Officer and Project
Manager as determined necessary or desirable to discuss elements of the
Scope of Work and project's progress.
6. For the purposes of this Agreement, Christine Shingleton, Assistant City
Manager shall be the CITY's Contract Officer and Matt West shall be Project
Manager unless otherwise designated in writing by the City.
7. Nondiscrimination - CONSULTANT agrees that no person, on the grounds of
race, religion, color, national origin, sex or handicap, will be denied benefits
of, or otherwise be subjected to, discrimination in connection with
CONSULTANT's performance under this Agreement.
8. Environmental Protection/ Utility Provisions
CONSULTANT understands and agrees that there may be ongoing
Installation Restoration Program (IRP) projects or other Navy activities in
support of environmental cleanup or disposal operations at Tustin Legacy.
CONSULTANT agrees to cooperate to the extent necessary in support of
these operations, and will not interfere with or hinder any such operations by
the NAVY.
Should utility services be required by the NAVY in connection with
environmental remediation contracts within the Lease areas of the CITY
SERVICE AREA, CONSULTANT shall work with the CITY to facilitate the
provision of utilities and services to the NAVY. If the CITY and
CONSULTANT are unable to locate a utility provider willing to take over a
particular utility system and the CITY requires CONSULTANT to operate
and maintain such system and subsequently determines to disconnect
service, the CITY and CONSULTANT shall work to provide the NAVY with
a minimum or 4 weeks prior to notice prior to disconnection, unless there is
an emergency disconnection. In the event such disconnection will result in
the termination of utility service necessary by the NAVY to ensure the
continuity of on -going environmental clean -up, restoration, or testing
activities, and the NAVY is unable to procure an alternate source of such
utilities within the notice period, the CITY and CONSULTANT shall, to the
maximum extent practicable, work with the NAVY and utility providers to
facilitate the provision of an alternate source of such utilities.
9. Prevailing Wage
A. The City has obtained from the Director of Industrial Relations the general
prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be
performed for each craft or type of work needed to execute this contract
and maintains copies thereof in the office of the City Engineer. The
Consultant agrees that not less than said prevailing rates shall be paid to
workers employed on this public works contract as required by Labor
Code Sections 1771 and 1774 of the State of California.
B. The Consultant shall, as a penalty to the City, forfeit Fifty Dollars ($50.00)
for each calendar day or portion thereof for each worker paid (either by
Consultant or any subconsultant or contractor) less than the prevailing
rate as prescribed in the preceding paragraph for the work provided for in
this contract, all in accordance with Sections 1774 and 1775 of the Labor
Code of the State of California.
C. Section 1773.1 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this contract.
D. Section 1777.5 of the Labor Code of the State of California, regarding the
employment of apprentices, is applicable to this contract if the prime
contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty
(20) working days or more and under such circumstances, Consultant
shall be fully responsible to ensure compliance with all the provisions of
Labor Code §1777.5 for all apprenticeable occupations on the project. A
Contractor or subcontractor who violates Section 1777.5 shall forfeit to the
City, as a civil penalty, the sum of Fifty Dollars ($50.00) for each calendar
day of noncompliance. Notwithstanding Section 1727 of the Labor Code,
upon receipt of a determination that a civil penalty has been imposed, the
City shall withhold the amount of the civil penalty from any compensation
payments then due or to become due. Any funds withheld by the City
pursuant to this section shall be deposited in the MCAS Tustin
Redevelopment Project Fund.
E. The Consultant shall not employ, or allow work to be performed by, a
subconsultant or contractor who is ineligible to perform work on the project
pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to
debarment by the Labor Commissioner for violations of the Prevailing
Wage Laws.
F. In performance of this Agreement, not more than eight (8) hours shall
constitute a day's work. The Consultant shall fully conform to Article 3,
Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of
the State of California. Pursuant to the prdvisions of Section 1813 of the
Labor Code of the State of California, the Consultant shall; as a penalty to
the City , forfeit twenty -five Dollars ($25.00) for each worker employed in
the execution of the Agreement by the Consultant or by any
subconsultant for each calendar day during which such worker is required
or permitted to work more than eight (8) hours in any one calendar day
and forty (40) hours in any one calendar week in violation of the provisions
of Article 3 of Chapter 1.of Part 7 of Division 2 of the Labor Code of the
State of California. Consultant shall keep an accurate record showing the
name and actual hours worked each calendar day and each calendar
week by each worker employed by Consultant in connection with the work
required by the Agreement.
G. Consultant agrees to keep accurate payroll records showing the name,
address, social security number, work classification, straight time and
overtime hours worked each day and week and the actual per diem wages
paid to each journeyman, apprentice or worker employed by him in
connection with the work required by the Agreement, and agrees to insist
that each of his subconsultants or contractors do the same. Consultant
further agrees that his payroll records and those of his subcontractors
shall be available to the employee or his representative, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship
Standards, and shall comply with all of the provisions of Labor Code
Section 1776, et sea., in general.
H. Consultant is also aware of the provisions of Section 3700 of the Labor
Code which requires every employer to be insured against liability for
Worker's Compensation or undertake self- insurance in accordance with
the provisions of that code and will comply with such provisions before
commencing the performance of the work under the Agreement.
EXHIBIT C
SCHEDULE OF COMPENSATION
1. Compensation - As compensation for the Consultant's services under this
Agreement, the City shall pay the Consultant monthly on an actual time and
materials basis not to exceed the fixed amount as shown in Attachment 1 of
this Exhibit, and as such monthly estimates are justified in Attachment 2.
Attachment 1 to this Exhibit identifies the "Estimated Monthly Budget"
directly corresponding to the sections in Exhibit A "Scope of Services ".
The monthly costs shall be a not -to- exceed amount with actual amounts
paid based upon monthly invoices based on times and materials
corresponding to the agreed line items in Attachment 2 "Estimated
Monthly Budget Line Items."
The "Not to Exceed Monthly Amount" is based on the estimated average
for the year. Because of the seasonal nature of maintaining the site
particularly due to rainfall, the "Not to Exceed Monthly Compensation
Amount" in the dry months may not be reached. In "wet" months the effort
to maintain the site by the Consultant may also result in the Consultant
needing to apply additional resources and hours which would typically
exceed the "Not to Exceed Monthly Compensation Amount ". To recognize
this variation of seasonal response, time and materials that do not get
billed up to the "Not To Exceed Monthly Compensation Amount" in any
one month (the "Monthly Surplus ") as shown in Exhibit C may be applied,
if determined warranted by the City, to a subsequent month during the
annual term of this Agreement based on a time and materials basis only
provided; however, in no case shall the maximum "Not to Exceed
Compensation Amount" for the year be exceeded.
City may in writing exercise an option to require Consultant to conduct an
Initial On -Time Mowing and Weed Abatement Services based on a time
and materials basis and not to exceed $38,000 in which case such work
shall be completed in the first thirty (30) days after start of the Agreement
in addition to other services identified Exhibit A of the Scope of Services.
2. Compensation for Additional Services - In the event the City requires
services in addition to those described in Exhibit A "Scope of Services ", such
as the optional "Initial One -Time Mowing Services', said services must first
be approved in writing by the Contract Officer. The Consultant shall be
compensated at the Consultant's standard hourly rates for professional
services, plus reimbursement of expenses or a fixed amount agreed to in
writing by the City and Consultant.
3. Method of Payment - As a condition precedent to any payment to Consultant
under this Agreement, Consultant shall submit monthly, to the City, a
statement of account which clearly sets forth by dates the designated items
of work, as well as reimbursable expenses, for which the billing is submitted.
The payment request shall identify each task required by the Agreement,
amount of actual reimbursable expenses and requested amount to be billed
against each task. Payment requests shall not exceed costs identified for
each task in Consultant's proposal included as Exhibit A unless provisions of
Section 4.5 of the Agreement have been followed.
4. Timing of Payment - The City shall review Consultant's monthly statements
and pay Consultant for services rendered and costs incurred hereunder, at
the rates and in the amounts provided hereunder, on a monthly basis in
accordance with the approved monthly statements.
5. Advance Agreements on the Ailowability of Cost - No cost incurred by
CONSULTANT which is contrary to any restriction, limitation, or instruction
contained in the Budget in Exhibit "C" of this Agreement, or which
otherwise has not been specifically approved in writing in advance by the
City, will be allowable.
EXHIBIT C
Attachment 1
Schedule of Compensation
ESTIMATED MONTHLY BUDGET ITEMS
Scope of Work Item
Fee
Basis
Estimated
Cost/Month
805 Acres
1.0 Management & General Requirements
T &M
$3,975.00
2.0 Grounds, Building & Facility Maintenance
T &M
$26,454.18
3.0 Erosion and Sediment Control
T &M
$11,707.00
4.0 Miscellaneous
T &M
$1,318.00
Subtotal
$43,454.18
5.0 Contingency
5% of
Subtotal
$2,172.71
Total Not To Exceed Monthly Billable Amount
$45,626.89
Optional Task #1: Initial One -Time Mowing and
Weed Abatement of Entire Site based on time
and materials Not -To- Exceed Amount
$38,000
(1) All line items are not -to- exceed billable amounts. Consultant shall provide
documentation and billing support information for each line item when billing is
requested. The city may adjust billing items between categories in consultation
with the Consultant to reflect actual field needs so long as the not -to- exceed
amounts for the whole of the items is not exceed.
(2) The methodology for determining actual time and material billings for
submittal of each of the general line items noted above in Attachment 1 shall be
based on Attachment 2.
EXHIBIT C
Attachment 2
Schedule of Compensation
ESTIMATED MONTHLY BUDGET LINE ITEMS
1.0 MANAGEMENT AND GENERAL REQUIREMENTS
Proposed method of accomplishment: The Consultant will have a working
supervisor on -site during working hours that will provide site presence, incidental
inspection and overall direction of the property management and caretaker
maintenance crew. Most of the administrative activities will take place in the
office of the Consultant located at Gate #7 at Tustin Legacy.
A. Management and Administration Labor Estimate
Costs for the management and administration of this Agreement, including
employee oversight, are included as part of the Overhead in the labor rates in
Sections 2, 3, and 4. Costs to maintain a supervisor on -site during working hours
when no other work is being performed is noted as a separate line item, which is
not subject to prevailing wage requirements.
Management/Agreement Administration Included in Overhead
On -Site Supervisor (Foreman) 69 hrs @ $67/hr = $3,243
Average Estimated Monthly Subtotal = $3,243
B. Work -space costs, Materials, and Equipment Estimate
The Consultant will provide and occupy temporary construction trailers at Tustin
Legacy Gate #7 within the City Service Area for use as administrative space to
house work - center types of activities and equipment as needed. These spaces
will contain all materials and equipment necessary perform the duties in Section
1 of the Scope of Services (Exhibit A of the Agreement), including but not limited
to: workspace costs (e.g., office space, office supplies, computer equipment,
telephones, radios, utilities, etc. Costs for these items are included as part of the
Overhead in the labor rates in Sections 2, 3, and 4. Costs for the trash
dumpster, toilets, and utilities will be reimbursed separately.
Construction Trailer Yard (All Inclusive) Included in
40 Yard Dumpster, 2 Portable Toilets, and Utilities
Per Month = 732
Average Estimated Monthly Subtotal = 732
C. Average Estimated Total Cost per Month:
- Management and General Requirements $3,975
D. Rationale
The Consultant's staff will update work plans and coordinate Consultant's
implementation of Scope of Services requirements, including process billing and
payments, monitor budget execution and financial management, manage any
technical library and records, and perform other duties required by Exhibit A.
2.0 GROUNDS, BUILDINGS, AND FACILITIES MAINTENANCE
Proposed method of accomplishment: The plan for this activity is to
accomplish grounds, buildings, and facilities maintenance, incidental drive -by
inspections and minimal pest control. If any outside consultants or contractors
are envisioned they are identified herein. Materials and equipment directly
related to performing the work in Section 2 of the Scope of Services are identified
below.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) +
Employer Payments (Min. Prevailing Wage Rate) + Overhead
(Management Services per Section 1.0) + Profit.
For grounds, building, and facility maintenance labor the following work load by
labor position, hourly rate, estimated workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $13,938.00
B. Equipment Estimate of the Most Commonly Used Items (e.g.
stake bed truck w/ hand tools, bobcat, tractors, mowers, pumps,
etc.). All equipment rates include: delivery and pick -up fees, fuel,
insurance, and maintenance costs.'
Average Estimated Monthly Subtotal = $10,016.18
C. Materials Estimate (e.g. fencing, green screen, plywood, etc.) per
the attached fee schedule.
Miscellaneous Materials Per Month $1,000.00
Water Meter Per Month $1,500.00
Average Estimated Monthly Subtotal = $2,500.0 0
Mini*art iling Wage Rate
(Per Part 7, chapter 1,
Labor
Hourly
Estimated
Estimated
Position
Rate
Hours /Month
Cost/Month
Artic1770, 1773, 1773.1
Baployer
Total
Hourly
ents
Landscape
Laborer
Foreman/
$67
69
$4,623.00
$$1632
$41.04
Su ervisor
Landscape
Maintenance
$45
207
$9,135 00
M 22
$8 22
Laborer
Average Estimated Monthly Subtotal:
$13,938
N/A
N/A
Average Estimated Monthly Subtotal = $13,938.00
B. Equipment Estimate of the Most Commonly Used Items (e.g.
stake bed truck w/ hand tools, bobcat, tractors, mowers, pumps,
etc.). All equipment rates include: delivery and pick -up fees, fuel,
insurance, and maintenance costs.'
Average Estimated Monthly Subtotal = $10,016.18
C. Materials Estimate (e.g. fencing, green screen, plywood, etc.) per
the attached fee schedule.
Miscellaneous Materials Per Month $1,000.00
Water Meter Per Month $1,500.00
Average Estimated Monthly Subtotal = $2,500.0 0
D. Average Estimated Total Cost per Month:
- Grounds, Buildings, and Facilities Maintenance $26,454.18
E. Rationale
The resources applied to the grounds function will eliminate tall weeds and
their associated fire hazards in and around buildings, including
maintaining an acceptable level of appearance for the site consistent with
Exhibit A "Scope of Services" of this Agreement, clarified as follows: All
growth areas are non - irrigated but mowed at a seasonally adjusted
frequency to maintain various acceptable vegetation heights and
appearance, e.g., high visibility areas more frequent, lower height; open
fields less frequent mowing higher growth allowed.
Work also includes minimum maintenance /repair of Navy access roads,
maintenance /repair of fencing, securing Hangar 29 and Building 3000T as
needed to minimize vandalism, trespassing, and burglary. Other work
items also include regular policing of the site collecting trash and refuse,
and protecting in place Navy equipment the existing dirt and rock piles.
'If other equipment items are necessary the costs associated with these items shall be
as shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the
not to exceed monthly costs as shown in Attachment 1 of Exhibit C.
3.0 EROSION AND SEDIMENT CONTROL
Proposed method of accomplishment: Perform regular erosion and sediment
control activities, including clearing drainage ditches of weeds to six inches (6 ") in
height, preventing blockages and debris, using primarily hand tools. Also
maintain erosion and sediment control Best Management Practices per the
approved Erosion Control Plan attached as Exhibit E to this agreement, including
inspections before, during and after rain events.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) +
Employer Payments (Min. Prevailing Wage Rate) + Overhead
(Management Services per Section 1.0) + Profit.
For erosion and sediment control labor the following work load by labor position,
hourly rate, estimated workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $7,272.00
B. Equipment Estimate of the Most Commonly Used Materials
(e.g. bobcat loader, pumps, etc.) All equipment rates include: all
applicable delivery and pick -up fees, fuel, insurance, and
maintenance costs.,
Average Estimated Monthly Subtotal = $2,260.0 0
C. Materials Estimate (e.g. BMPs: sandbags, visqueen, straw
wattles, etc.) per the attached fee schedule.
Item:
Costs Purchased Annually):
Straw Wattles
Avg. per Month = $ 543.75
Minimum Prevailing wane Rate
(Per Labor Code Part 7, chapter 1,
Labor
Hourly
Estimated
Estimated
Position
Rate
Hours /Month
Cost/Month
Article 2, Sections 1770, 1773, 1773 1
Basic
Employer
Hourly
Payments
Total
Landscape
Laborer
Foreman/
$67
36
$2,412.00
$24.72
$16.32
$41.04
Supervisor
Landscape
Maintenance
$45
108
$4,860.00
$8.00
$022
$822
Laborer
Average Estimated Monthly Subtotal:
$7,272.00
N/A
N/A
N/A
Average Estimated Monthly Subtotal = $7,272.00
B. Equipment Estimate of the Most Commonly Used Materials
(e.g. bobcat loader, pumps, etc.) All equipment rates include: all
applicable delivery and pick -up fees, fuel, insurance, and
maintenance costs.,
Average Estimated Monthly Subtotal = $2,260.0 0
C. Materials Estimate (e.g. BMPs: sandbags, visqueen, straw
wattles, etc.) per the attached fee schedule.
Item:
Costs Purchased Annually):
Straw Wattles
Avg. per Month = $ 543.75
Visqueen
Avg. per Month = $ 543.75
Dirt Bags
Avg. per Month = $ 543.75
Gravel Bags
Avg. per Month = $ 543.75
Average Estimated Monthly Subtotal = $2,175.00
D. Average Estimated Total Cost per Month:
- Erosion and Sediment Control $11,707.00
E. Rationale
The resources applied to the erosion and sediment control will include all
necessary labor, equipment, and materials to comply with the "Scope of
Services" and the approved "Erosion and Sediment Control Plan" attached
as Exhibits A and E, respectively, of this Agreement. It is anticipated that
erosion and sediment control needs will fluctuate during the year differin
primarily between the "rainy season" from October 1st through April 30`
which will have a higher demand on labor and materials with a lower
demand from May through September.
'If other equipment items are necessary the costs associated with these items shall be
as shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the
not to exceed monthly costs as shown in Attachment 1 of Exhibit C.
4.0 MISCELLANEOUS
Proposed method of accomplishment: Perform miscellaneous services,
including coordinating site access control and minimal security services, key
control, management and provision of a destructive weather plan, and animal
control.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) +
Employer Payments (Min. Prevailing Wage Rate) + Overhead
(Management Services per Section 1.0) + Profit.
For miscellaneous labor the following work load by labor position, hourly rate,
estimated workload and cost per hour are identified. .
Average Estimated Monthly Subtotal = $718.00
B. Equipment Estimate of the Most Commonly Used Materials All
equipment rates include: all applicable delivery and pick -up fees,
fuel, insurance, and maintenance costs.'
Item: Costs:
$ /mo = $ N/A
$_ /mo = $ N/A
C. Materials Estimate
Item: Costs:
Misc. (Keys, Locks, Chains, etc.) Per Month $600
D. Average Total Cost per Month:
- Miscellaneous $1,318.00
Minimum Prevailing Wage Rate
(Per Labor code Pan 7, chapter 1,
Hourly
Es timated
Estimated
7Labor
Rate
Hours /Month
Cost/Month
Article 2, Sections 1770, 1773, 1773.1
Basic
Employer
Total
Hourly
Payments
Landscape
Laborer
Foreman/
$67
4
$268.00
$24.72
$1632
$41.04
Supervisor
Landscape
Maintenance
$45
10
$450.0000
$800
$0.22
$8.22
Laborer
Average Estimated Monthly Subtotal:
$718.00
N/A
N/A
N/A
Average Estimated Monthly Subtotal = $718.00
B. Equipment Estimate of the Most Commonly Used Materials All
equipment rates include: all applicable delivery and pick -up fees,
fuel, insurance, and maintenance costs.'
Item: Costs:
$ /mo = $ N/A
$_ /mo = $ N/A
C. Materials Estimate
Item: Costs:
Misc. (Keys, Locks, Chains, etc.) Per Month $600
D. Average Total Cost per Month:
- Miscellaneous $1,318.00
E. Rationale
The resources applied to the miscellaneous services will include all
necessary labor, equipment, and materials for any miscellaneous services
required per the "Scope of Services" attached as Exhibits A that are not
include in Sections 2 and 3. For example, it is anticipate minor
miscellaneous materials would be associated with installing, repairing, and
maintaining facility security mechanism (e.g. keys, locks, chains, etc.).
'If other equipment items are necessary the costs associated with these items shall be
as shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the
not to exceed monthly costs as shown in Attachment 1 of Exhibit C.
5.0 CONTINGENCY
Proposed method of accomplishment: Recognizing there are many
unknowns, small contingency amounts up to 5% of the sub -total (or $43,454.18)
have been included to be used in handling unforeseen expenses. These
amounts are included in the individual performance line items listed above and
shall be billed when authorized in writing by the City on a time and materials
basis not to exceed the total contingency amount.
A. Average Total Cost per Month:
- Contingency $2,172.71
EXHIBIT C
Attachment 3
SO CAL SANDBAGS_, INC 2010/2011 TUSTIN LEGACY CERTIFIED
PAYROLL PRICE LIST
EXHIBIT D
1.0 Introduction
Title 40, Code of Federal Regulations Part 112.7(d) and California Code of
Regulations Title 22, Division, 4.5, Chapter 15, Article 4, Section 66265.51
requires that a spill contingency plan (SCP) be prepared to minimize hazards to
human health from any unplanned sudden or non - sudden release of hazardous
waste or hazardous waste constituents to air, soil, or surface water. A Spill
Contingency and Hazardous Materials Response Plan presents the procedures
for responding to hazardous waste, fuel and other chemical spills and is in
accordance with Federal, State, and Navy regulations and the Lease In
Furtherance of Conveyance ( "LIFOC ") at Tustin Legacy between the City of
Tustin and the Department of the Navy. This Spill Contingency and Hazardous
Materials Response Plan applies to the Navy LIFOC property ( "LIFOC
Premises ") as shown on the Service Area Map and all property owned by the
City.
Generally, the City's leasing and subleasing of property within the LIFOC
Premises is not expected to result in the handling of waste, fuel, oil or other
chemical hazardous substances, while the CONSULTANT is expected to be
handling some of these materials in small amounts. In its. overall scope of
responsibilities, the CONSULTANT could be both an accidental spill generator
and spill cleanup resource. A spill could occur in uncontrolled areas during the
transfer of hazardous materials or waste at Tustin Legacy. In addition, failure of
spill control facilities could result in a discharge on the Leased Premises and
easements.
2.0 Emergency Coordinators
In the event any hazardous wastes are handled on Tustin Legacy, the City will be
required to have, at all times, at least one employee or contractor either on the
facility or on call, with the responsibility for coordinating all emergency response
measures. The emergency coordinator must be thoroughly familiar with all
aspects of the contingency plan for the Leased Premises, all operations and
activities at the facility, the location and characteristics of waste handled, the
location of all records within the facility, and the facility layout.
The Table 1 in Attachment 1 of this Exhibit is the current list of individuals
responsible to be emergency coordinators during an emergency event both on
and off the Leased Premises, or as may be updated by the Contract Officer.
3.0 Coordination
Coordination among the various emergency coordinators noted above is
imperative to ensure the proper and complete response to a spill or emergency
event. Orange County Fire Authority (OCFA) will take the lead on this
coordination once contacted by a City of Tustin On -Site Coordinator. The OCFA
will provide necessary equipment and personnel for the on -scene operations
team if it is determined that Sub - lessee and the City or its contractors cannot
handle a situation. In rare circumstances such as a hazardous waste spill
associated with another type of emergency (i.e. earthquake), support from State
and Federal agencies will be solicited. These agencies may include the
California Department of Toxic Substances Control, the National Response
Center, and the Environmental Protection Agency.
4.0 Emergency Response Equipment
The CONSULTANT will be responsible for acquiring and maintaining its own spill
control equipment for handling oil, chemicals or other hazardous waste. A list of
spill control equipment (e.g. Safestep or similar liquid absorbing material) will be
maintained by the CONSULTANT and each subcontractor that will be handling
any chemicals and other hazardous waste as shown as Attachment 2.
5.0 Emergency Response Notifications
Spills are discovered by casual observation, part of a routine investigation, or
during handling or use. The primary responsibility of the discoverer of the spill is
to notify the appropriate personnel who are trained and equipped to deal with the
emergency. The discoverer will immediately notify the OCFA as identified in
Section 2, above for all spills within Leased Premises and easements. The
OCFA will notify:
The Property Management Contractor (see section 2, above)
> Tustin Police
City of Tustin Contact (see Section 2, above)
Navy Coordinator (see Section 2, above) for LIFOC areas and areas in
Federal Gov't ownership
State or Federal agencies as applicable
The OCFA will make a determination of the size and extend of the situation, and
pursue further notifications, if necessary. Agencies to be notified, and the criteria
for doing so, followed.
Local Agencies
Orange County Sanitation District: (714) 962 -2411 or 3301 if a spill enters
the sewer system.
South Coast Air Quality Management District: (909) 396 -2000 or (800)
572 -6306 if a spill could impact air quality.
Orange County Health Care Agency: (714) 667 -3700 if additional health
care, beyond what can be provided by MCAS Tustin, is necessary, or if a
risk to human health exists off - Station.
Orange County Emergency Management Division: (714) 834 -7255 if a
spill affects areas outside the Leased Premises and easements boundary.
Tustin Police Department: Dispatch (714) 573 -3225 (or dial 911).
Orange County Fire Authority (OCFA) Dispatch: (714) 744 -0516
State Agencies
Regional Water Quality Control Board, Santa Ana Region: (909) 782-
4130 if a spill has affected, or may affect, surface or groundwater.
Department of Toxic Substances Control: (714) 484 -5451 if a spill
threatens or may threaten human health or the. environment, of if a
reportable quantity (see USEPA information listed below) has been
released as discussed in the facility's hazardous waste facility permit.
Office of Emergency Services: (800) 852 -7550 or (916) 262 -1621 if threat
to human health or welfare exists.
Poison Control: (800) 876 -4766.
Federal Agencies
National Response Center (NRC): (800) 424 -8802 whenever more than
100 - gallon occurs, regardless of location or hazard. The NRC will notify
other appropriate agencies and implement the National Oil and Hazardous
Substances Spill Contingency Plan.
USEPA: (415) 744 -2200 if a spill threatens or may threaten human health
or the environment, or if a reportable quantity has been released as
discussed on the facility's hazardous waste facility permit. A List of
Hazardous Substances and Reportable Quantities (40 CFR Part 302,
Table 302.4) can be found at the U.S. Environmental Protection Agency's
website at hftp://www.epa.gov/aboutei)a/region9.htmi or obtained by
calling the Environmental Protection Agency's CERCLA Hotline at 1 -800-
424 -9346.
6.0 Emergency Response Procedures
The following steps will be taken when encountering a spill, uncontrolled
discharge, or a fire within the Leased Premises.
Step 1. Initial Response Actions
The discoverer of the spill or fire will immediately notify the OCFA of the
presence of hazardous substances and potential fire hazards at the site.
The nature and location of the incident, as well as any information
regarding injuries or threat or injure to human health or environment will
be reported.
Individuals trained in spill response (CONSULTANT, subcontractor, OCFA
and others) will attempt to contain the spill or extinguish the fire using spill
kits, fire equipment, and other emergency equipment located in the
immediate vicinity of the spill or fire.
The OCFA will begin notifying the appropriate agencies and personnel as
discussed in Section 5.0.
Other personnel will evacuate to a prearranged location and await
instructions from the OCFA, if necessary.
The OCFA will initiate a preliminary assessment to evaluate the
magnitude and severity of the discharge or threat to public health or
environment, assess the feasibility of removal, and determine the potential
responsible part's ability to perform a proper response, and determine if
additional response actions are necessary. The assessment may include
collection and review data such as site management practices,
photographs, and interviews.
Step 2: Response Team Activation
The OCFA will determine if the On -Scene Operations Team can handle
emergency response. If emergency response actions are undertaken by
the City, its contractor or by the Sub - lessee Tenant, then the OCFA will
provide surveillance and any requested assistance. If not, then the OCFA
will initiate action to eliminate the hazard.
Defensive actions will begin as soon as possible to prevent or minimize
damage to public health or the environment. All sources of sparks or
flames will be eliminated, floor drains will be closed, and physical barriers
will be utilized to prevent a spill from entering drains, steams, and
drainage ditches.
Spills flowing in the drainage ditch shall be deterred by use of commercial
absorbent booms stretched across the waterway, or by blocking drainage
or runoff pipes. Stabilized straw bales or chicken wire wrapped with
absorbent material may be substituted when commercial booms are not
available.
Step 3: On -Scene Operations Response
If the On -Scene Coordinator cannot handle the emergency response with
support from City's CONSULTANT the On -Scene Coordinator will
summon assistance from the resources identified in Section 2. The OCFA
will respond to a hazardous spill emergency by performing any or all of the
following tasks:
r Removing spilled material by pumping into salvage tanks.
Controlling vapor clouds with a fine water spray.
Keeping tanks with flammable material cool with water.
Applying soil, blankets, foam, carbon dioxide, or dry chemical
extinguishers to fight fires.
Step 4: Activities Following an Emergency Response
Depending on responsibility for the spill, either the On -Scene Coordinator
or the CSO will ensure that contaminated equipment, soil, and water are
disposed of at permitted disposal facilities.
The Caretaker Site Office (CSO) will determine if the CONSULTANT's
spill prevention and contingency plans need to be reviewed and revised to
address future events. The CSO is the Southwest Division, Naval
Facilities Engineering Command office that manages all portions of the
Base that remain within the Government's responsibility in a caretaker
status until disposal.
The CONSULTANT will prepare a spill report for City acceptance and the
City will submit it to the CSO.
During an emergency response, a site will be controlled to prevent or reduce the
possibility of exposure to contaminants and the transport of hazardous
substances from the site. Zones will be established in which prescribed activities
will occur.
Exclusion Zone: The innermost area where the contamination exists or
could be expected to occur. Only authorized personnel are permitted in
this zone. All investigation and remediation activities occur in this zone.
Appropriate personal protective equipment would be donned prior to
entering this zone, and removed prior to entering the Support Zone.
Contamination Reductions Zone: Surrounding the Exclusion Zone, this
zone provides a transition area between contaminated and clean areas.
Decontamination of personnel occurs within this zone.
Support Zone: The outermost area where no contamination exists. This
zone is used for authorized observation of remediation activities,
documentation of events, and oversight activities. Contaminated or
potentially contaminated equipment and personnel are not permitted
within this zone.
7.0 Medical Emergency Response
If a severe physical or chemical injury occurs, Orange County Fire Authority
Station personnel should be summoned for emergency medical treatment and
ambulance service by dialing 911. Minor injuries can be treated on site by
qualified first -aid and CPR providers. If additional treatment beyond first aid is
required, the injured person(s) will be transported to a local hospital. Orange
County Fire Authority Station ambulance service personnel should be
determining the hospital destination depending upon the nature and severity of
the injuries suffered. However, a Hospital Route Map is provided as Attachment
3.
If an exposure to contaminants occurs, the following general "first response"
guidelines will be used:
Contact/Absorption: Apply large amounts of distilled or tap water to flush
contaminants from the skin for at least 20 minutes. Start flushing while
removing contaminated clothing. If irritation persists, repeat flushing.
Assess the condition of the individual and transport to a medical center if
necessary. Do not transport the victim unless the recommended flushing
period is completed or unless otherwise directed by responsible Orange
County Fire Authority emergency personnel.
• Inhalation: Move the victim immediately to an area providing fresh air.
Provide decontamination and artificial respiration if necessary. Assess the
condition of the individual and contact the Orange County Fire Authority
for an emergency response if necessary. Transport the victim to a
medical center if necessary.
• Ingestion: Immediately contact the local poison control center and Orange
County Fire Authority. Treat the victim as directed by poison control
center personnel at 1- 800 - 876 -4766 or the Orange County Fire Authority,
as appropriate.
EXHIBIT D
Attachment
Table 1
Emergency Coordinators
On -Scene Coordinators Phone No Other
Orange County Fire Authority
Dispatch Center (714) 744 -0516
Disposal Control Service (800) 929 -3274
City of Tustin
300 Centennial Way, Tustin, CA 92780
Christine Shingleton, Asst. City Manager(714) 573 -3107
( "Contract Officer ")
Jason Churchill, Field Services Manager(714) 573 -3355
Matt West, RDA Project Manager (714) 573 -3116
On -Site Security Company TBD
Tustin Police Department
(Watch Commander) (714) 573 -3220
Caretaker/ Prggerty Management Contractor ( "Consultant ")
So Cal Sandbags, Inc. (951) 277 -3404
1683
Steve Rasinski, Vice President
On -site supervisor: Dennis Feidner (951) 538 -8255
Cell (714) 656 -7036
Fax (714) 838 -1602
Cell (714) 552 -5060
Fax(714)669 -0976
911
FAX (951) 277-
Navy Coordinator - Caretaker Site Office, Box 444, East Irvine, CA 92650
(Federal Government owned areas only)
Ron Johnson (619) 572 -1403
Ed Nunn (619) 572 -1404
EXHIBIT D
Attachment
Spill Control Equipment
At a minimum, the following equipment and materials will be maintained by the
Consultant for use during spill response activities:
• Absorbent pads
• Granular absorbent material
• Polyethylene sheeting
• 55 gallon drums
• shovels and assorted hand tools
EXHIBIT D
Attachment 3
Hospital Route Man
EXHIBIT E
EROSION CONTROL PLAN
(Dated: August 10, 2007)
Google maps Directions to Western Medical Center-Santa
1001 N Tustin Ave, Santa Ana, California 92705 -
714) 953-3500
4.2 mi — about 11 mins
HOSPITAL ROUTE MAP
"Spill Contingency and Hazardous Material Plan"
E M.F.Wan Ave
loft
le
wdi
P.1,
E E&ON A"
k;wefla
laa,pp.g
came,
".r NO,
lnrme ewe IN,ft ena
The TL.Wn
Tustin Eta CoWd if, Heohts
P�Pti, SL=
T fe'. P. . IV
W Main st E Main S4
El Camm Plaaa
snoming C~ pt
4a
H In
41 4.
Pacific fiesim
cow"afion ReA P.,k
Palk
re
E Water Ave.
<2
-I.. ob
4'y.` V
'l= lm . 02010 Google - N4 data C)201400gle
Mabvry Pam
PASN'r, P.* 12
BOO
CnWNI(;P..,k
eXX
'i4
'Y
E 4th St E 41hSt
it
imst EIASt
A
E Chaatn,fi A,,
E MM St
Lyon Simei
It
E M.F.Wan Ave
loft
le
wdi
P.1,
E E&ON A"
k;wefla
laa,pp.g
came,
".r NO,
lnrme ewe IN,ft ena
The TL.Wn
Tustin Eta CoWd if, Heohts
P�Pti, SL=
T fe'. P. . IV
W Main st E Main S4
El Camm Plaaa
snoming C~ pt
4a
H In
41 4.
Pacific fiesim
cow"afion ReA P.,k
Palk
re
E Water Ave.
<2
-I.. ob
4'y.` V
'l= lm . 02010 Google - N4 data C)201400gle
EXHIBIT E
EROSION CONTROL PLAN
(Dated: August 10, 2007)
Z
040
(D
Z-Ocoa
sl.-Z�Lu
CC ul F- Q)
Uj--Z
59404
In
(0) ui
0
ZILL
0
7jj
0
cc
LU
41
�ijl' a'
Tf i'.f f
'to
j,
it j �j;
4;11� r!�j
L!I( jif "all
41
�ijl' a'
Tf i'.f f
j,
it j �j;
4;11� r!�j
L!I( jif "all
." It r Id }i44
LU
L j
Z"
Irl
Tf i'.f f
j,
it j �j;
4;11� r!�j
L!I( jif "all
." It r Id }i44
LU
L j
Z"
-j
111 r
Z
UJ
'Zx
41 1
1 06 8
YI,
r—
Wj
Y 1 m d
w Ili
t Al
I
Ii ^
9r
1t
I el. �€
I >I(S
o'
Aa
0
1�
�o
Xt� g'1
J t
55 �•
I+
1
—__ =1
n_I
1
1
1
1
I
�� Id
Ie•� ii
x
�
,z
h
f
-�4
1i .K :din
1'f
�S5 L_q ^q
c�•s
YYY Qa
• 4 � J • •I� 1: � o .
3 t'•
{ t,
+ u
T$ W
��y iU
I
�� Id
Ie•� ii
i S-N
5
_
°
rotS t
f
-�4
1i .K :din
1'f
�S5 L_q ^q
c�•s
YYY Qa
• 4 � J • •I� 1: � o .
3 t'•
{ t,
+ u
T$ W
��y iU
1y 1 r�l r§ § �. °.c5e° -a. B :t 1 K _�, �' �{ �, ,I
I If
ZY
alg-
L7-ij 0
r"A
9 ON I 33"S 33S
7T,
FI
A2
-77
6 ON 13J�,S 333
rep
Vk
\ \ JJI Did
V"
QU;
rt
Y,
'41
Act
INC AW
4. &
Al
AM
In
t�. J
t�z -------------
jZ.N-7AV-
Fti
--------- --
r.
fit' 11
GD
)
IL
IC.
IJ
; iA38 P n,
�
o
I t
I I
I I
I
I
I,
I I
9 C.Y 133H
j
< 9
fit'\ \ yw• i..= ' � '\? F.� k
\ a.
3
2
61 plh -II add
II I 1I,
; LO
-4-
'all
C ON I
low
TUST
Ito
; LO
-4-
'all
C ON I
I ir
Wi
all i
Ilil
II
7
10 1
low
I ir
Wi
all i
Ilil
II
7
10 1
l
''ya ' I st }III " /~ � / 1ee•Q�y !y_
91 ON 13"HS 235 ON 1-33ps 4�
it
Al
�'y \� \• ��,� Iul l�Il''
I`�ISi, `�! z5y: 2�i`jl,q!• i ' }�� I I P'• / >.�` !i �. ,� L � • "�
71• ?i'
sY
\\ - `___._
(1 \ -I' _+ {{(f l "_ ��' P // I' IYaff �_� j\ •�"iP "'i. I :P •-fl
it
P
a
wi)d YdY,MI
•dl
II...
•�I il$ 9 •i;
1 it
i I' I''
I; it
\ 1
8I
`I• I
I
I
I.
II h
r
I
I' l
1
il� I
g �I;
,s
:k
VI
\
I•`i III
1 �!E
r
�
SS'rIS
.n
I ---- - I 7i
04,
- - - - - - - - - - -
got oil x
'i Nk
kt
WS A
WAM
ARURI ow
CH
is AH
--- -------- Ol ON 1d.1H5 335
ON 133H3 7
IA
Jul
0:01
lid I -
T: 1`9
HIS,
INA
10301
it
NOW
IVA
01 ON I 13HI4 175
yy
lid I -
T: 1`9
HIS,
INA
10301
it
NOW
IVA
01 ON I 13HI4 175
' -- � - - -� - -'- • 'r --�,.- --�- 1 �` _�' -- � TIP ��
- -- - - . - - -i=Z= - - - -- 4
a : Iii
..> � � / /+FGA' � v:: -;� •nt '�;l ' i i1
,,it i✓ .'�Fi YI .. .1�`'.'t�� '�F:. "n ri' �''. i:1 :i
11j,'`, �\ INS \''`141•�'n�H iZ�yr o✓, I �'�.� 11
/ I C'h. ` _ •� ,'1 �V/ L � III'
5t ON 133/ S 33S
in
ff
-lit "S^.rt,�,+'d+Ci - -` ..� ��• .T. _ �. 1.:. ____ � �.
✓ ��[ :'' : ;.`� _;;, ,eft,; -�' i � ! iaaa }'.: i . ��1�� .'% / l�� i I,.
.. /r i,..��.���r. p.;` ,i e' 4 Izrd` V,j' s L •1�'' I n
lily` `I. 11 I
IX
jy
if
AMPO 14i 919Y
JZ ON 133NS 33S -IT, _
1,pi �L
9`
' I 3lINlAY JNONISIIy'Y ? 'y}�- f:•.�,: - y 7� ---_ - y, —..:
1
d -
+ r
i
will
Z
3nk.W 7'11H (736f ONU�IX3-�
M 137HS 33S
lilt
416
1-4
Abs,
ff,
P& ON 133HS 333
2����
MY
It
t
1
a
1..
2r) 173145 313
>L ON 1 3HS 33.S
ITI
ws
' \\ i 3�7j• :; -; � "• d,;"' -;'i' _.'.'. -�: ,a'� 1 -YYi cE tl o,G�li
I \` J
- _rnll•�> 5i� Y I
.. "t" '( lV'_ f✓. /i 1 `�- .'.i `e lay �
k.2 SRI
lap \\ y) q
IN
• il'
V r
I
/ I
V
Ir
1
I -
V/ 7
a
z :e
C -
BL
011 13 3HS
�— 3i ON 133k$ 33S
y
IL
Sc' ON i 33HS 335
§j
4
.
II
i
9NI151A3 fd2
, I
k'I uj
FI
.
J1 ^AY�S,
y
Sc' ON i 33HS 335
§j
4
9NI151A3 fd2
/
,i ..
Y: !y
.
J1 ^AY�S,
•�
\ ..DIY`
I
•!Cis
-� NUS ILL
n -
1 m
Nay
011
y
§j
9NI151A3 fd2
/
,i ..
Y: !y
y
§j
I
•!Cis
tl Vin.
?Z UN 173x5 335 �I � I
Y -
�i;r gip:
,gl '� :�, [a` :� _�:���;' '', 11� �o�b.• � he ;:I f
:_i II II �rivd ,vum '�
�lj� I �„ i III •I 'w.:�.M ,Hr aF �. �:%'�.O �
E 11
3. 0•MlIYdNINOl 15H3M :.�i, t7
q I I I I p M
A' I
s �
.. 1co')
0
-7 y
to
lir
�f
i
/•/ .. � e 71i. 4.1 �e
��A r.. — } r' � _ �` �` ";?!4.,�. •_ `'I :,ill' __ __ .:. , -- 1I �yd ��,
ROAD_�.w- : +. {`a- ': ini �.3 �'��/' - r•�r .i •�'' � � � - ',�
��a " " >`l,�el'Sa '.l' d N51W� . �"r"._ _ —., -)_ ZS:'�5���'�: ���. � 6,• !Y �.xL•:i �',: ��+; a`.
a, �r �'='� . :6f � i'� % �, eys'��ti� r� h4" x� "' i' I• .a s,
Silo jy �w, ' - Jm: .s..J` -✓ 9: �14{ \ �E ydyiai! f /'� '� i :r,• `p'n
9t
tl r:N 133HS 33S n� nm r.»„c v_c
I9eY3 HSVq PC,
I
f 5
`yr L'r fill:'
u w
fr n
'od 30
^a..,,,,�;�� �_� '•mot e I
r�r
1.
9
F11
VI
ce ON 133NS 93S
.'Z ON 133HC 33S
ATTACHMENT
AMENDMENT NO. 1
TO CONSULTANT SERVICES AGREEMENT
FOR PROPERTY MANAGEMENT /CARETAKER SERVICES
AMENDMENT NO. 1
TO CONSULTANT SERVICES AGREEMENT
FOR
PROPERTY MANAGEMENT /CARETAKER SERVICES
FOR A PORTION OF TUSTIN LEGACY
This Amendment No. 1 to CONSULTANT SERVICES AGREEMENT
( "Amendment No. 1 ") is made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ( "CITY ") and So Cal Sandbags, Inc, a California Corporation
( "CONSULTANT').
RECITALS
1. On January 3, 2011, the City of Tustin ( "CITY ") and So Cal Sandbags, Inc
( "Consultant') entered into a Consultant Services Agreement ( "Original
Agreement') to provide property management and caretaker services for City-
maintained properties located on a portion of Tustin Legacy.
2. On December 7, 2010, the City approved the Original Consultant Services
Agreement with So Cal Sandbags, Inc. for the provision of property
management/caretaker services on portions of property at Tustin Legacy, and in
the event that the City Service Area needs to be reduced as a result of
construction or property transfers during the term of the Consultant Services
Agreement, authorized the City Manager to execute any Amendments to the
Consultant Services Agreement.
3. Pursuant to Section 7 ('Term ") of the Original Agreement, the Agreement may be
renewed annually, subject to budget appropriations, in accordance with the
provision set forth therein, including required Agreement changes or modification
provision contained in Section 2.5 ( "Changes'). Sufficient funds have been
appropriated for the remainder of Fiscal Year 201112012 and the City and
Consultant desire to renew the Original Agreement for the remainder of the
Fiscal Year through June 30, 2011.
4. Property management and caretaker services on City-, maintained properties at
Tustin Legacy continue to be an on -going need of the City to ensure protection of
public health and safety. Failure to ensure all erosion and sediment control are
properly installed and regularly maintained can subject the City to penalties of up
to $10,000 a day. In addition, the City continues to maintain certain regulatory
permits (401, 404, and 1600), previously assumed from the former master
developer, as obtained from the Regional Water Quality Control Board, U.S.
Army Corps of Engineers, and the California Department of Fish & Game,
respectively, and that among other things provide the necessary authorizations to
remove certain wetland channels across the site in support of development at
Tustin Legacy. The site will eventually be self- mitigating with the future widening
of Peters Canyon Channel; however, since the wetlands status of channels
within the site were eliminated during the former master developer's construction
activities in compliance with regulatory permits, the channels must be maintained
in their current condition in order to avoid recreating wetlands and potentially
subjecting the City to additional mitigation requirements and associated costs.
In addition to performing the required erosion and sediment control obligations
across the site, the City must continue to perform property maintenance (e.g.,
weed control /abatement, litter collection, etc), protect existing grading and fill
sites that have been created for certain Tustin Legacy Backbone Infrastructure
(i.e. Tustin Ranch Road Phase I project boundaries, ramps for pedestrian
walkways to cross Armstrong Road, Warner Avenue and Tustin Ranch Road),
fire prevention, access control to the property (e.g., perimeter fencing, Hangar
29), and maintenance of security fencing and gates. Until the City transfers
responsibility of various Disposition Parcels, and until such time as a new
developer(s) or specific capital improvement projects are identified for all or
portions of the property (depending on the strategy selected), the City must
continue to manage properties within the site to ensure proper maintenance and
oversight of the properties.
5. Pursuant to Section 2.5 ( "Changes') the total Service Area will be modified to
remove approximately 199 acres associated with the Tustin Ranch Road
Construction Project. The property management/caretaker services associated
with the 199 acres is typically associated with weed abatement and mowing
services and the removal of this portion of the project from the Service Area will
result in a monthly savings of $6,569.85 for a total monthly compensation amount
of $39,057.04 with a total not -to- exceed amount for the six month period of
$234,342.
6. The CITY and CONULTANT desire to amend the Original Agreement to renew
the contract for an additional year and to modify the Service Area.
NOW, THEREFORE, based on the promises and mutual covenants herein, the
parties agree as follows:
AGREEMENT
1. Section 2: ( "Compensation ") of the Agreement is hereby amended to add:
"2.1 Compensation. For the services rendered pursuant to this Agreement,
Consultant shall be compensated and reimbursed consistent with the specific
cost line items and requirements for operating costs, as more fully set forth in
Exhibit C and which is incorporated herein by reference as though fully set forth
herein, and which shall not in any event exceed a total compensation amount for
2
a six month period of Two Hundred Thirty Four Thousand Five Hundred Thirteen
Four Dollars ($234,513). The monthly operating cost for the provision of
caretaker /property management services shall also not exceed the amounts as
set forth in Exhibit C. The "Not to Exceed Monthly Amount" is based on the
estimated average for the year Because of the seasonal nature of maintaining
the site particularly due to rainfall, the "Not to Exceed Monthly Compensation
Amount" in the dry months may not be reached. In "wet" months the effort to
maintain the site by the Consultant may also result in the Consultant needing to
apply additional resources and hours which would typically exceed the "Not to
Exceed Monthly Compensation Amount ". To recognize this variation of seasonal
response, time and materials. that do not get billed up to the "Not To Exceed
Monthly Compensation Amount" in any one month (the "Monthly Surplus') as
shown in Exhibit C may be applied, if determined warranted by the City, to a
subsequent month during the annual term of this Agreement based on a time and
materials basis only provided; however, in no case shall the maximum "Not to
Exceed Compensation Amount" for the year be exceeded."
2. Exhibit A, Attachment 1 ( "Service Area Map ") of the Agreement is hereby
replaced with the Service Area Map attached hereto as Exhibit A.
3. Exhibit C ( "Schedule of Compensation ") of the Agreement is hereby replaced
with the Schedule of Compensation attached hereto as Exhibit B.
4. Except as amended herein, all other terms and conditions of the Original
Agreement and all the attachments and exhibits thereto shall remain in full force
and effect and are not modified by this Amendment No. 1.
I IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to be'
effective as of the dates stated below:
I I I F�m
Date
Date
CONSULTANT
hgz'��
Steve Rasinski
Vice President
CITY OF TUSTIN
C.
WA/M
APPROVED AS TO FORM:
0
David Kendig, City Attorney
SARDA \Consultants at Legacy \So Cal Sandbags\AMENDMENT NO I So Cal Sandbags.docx
Exhibit A
Service Area Map
Exhibit B
Schedule of Compensation
EXHIBIT B
Attachment 1
Schedule of Compensation
ESTIMATED MONTHLY BUDGET ITEMS
Scope of Work Item
Fee
Basis
Estimated
Cost/Month
805 Acres
1.0 Management & General Requirements
T &M
$3,948.00
2.0 Grounds, Building & Facility Maintenance
T &M
$20,934.18
3.0 Erosion and Sediment Control
T &M
$10,997.00
4.0 Miscellaneous
T &M
$1,318.00
Subtotal
$37,197.18
5.0 Contingency
50/o of
Subtotal
$1,859.86
Total Not To Exceed Monthly Billable Amount
$39,057.04
(1) All line items are not -to- exceed billable amounts. Consultant shall provide
documentation and billing support information for each line item when billing is
requested. The city may adjust billing items between categories in consultation with the
Consultant to reflect actual field needs so long as the not -to- exceed amounts for the
whole of the items is not exceed.
(2) The methodology for determining actual time and material billings for submittal of
each of the general line items noted above in Attachment 1 shall be based on
Attachment 2.
trl
EXHIBIT B
Attachment 2
Schedule of Compensation
ESTIMATED MONTHLY BUDGET LINE ITEMS
1.0 MANAGEMENT AND GENERAL REQUIREMENTS
Proposed method of accomplishment: The Consultant will have a working
supervisor on -site during working hours that will provide site presence, incidental
inspection and overall direction of the property management and caretaker maintenance
crew. Most of the administrative activities will take place in the office of the Consultant
located at Gate #1 at Tustin Legacy.
A. Management and Administration Labor Estimate
Costs for the management and administration of this Agreement, including employee
oversight, are included as part of the Overhead in the labor rates in Sections 2, 3, and
4. Costs to maintain a supervisor on -site during working hours when no other work is
being performed is noted as a separate line item, which is not subject to prevailing wage
requirements.
Management/Agreement Administration Included in Overhead
On -Site Supervisor (Foreman) 48 hrs @ $67 /hr = $3,216
Average Estimated Monthly Subtotal = $3,216
B. Work -space costs, Materials, and Equipment Estimate
The Consultant will provide and occupy temporary construction trailers at Tustin Legacy
Gate #1 within the City Service Area for use as administrative space to house work -
center types of activities and equipment as needed. These spaces will contain all
materials and equipment necessary perform the duties in Section 1 of the Scope of
Services (Exhibit A of the Agreement), including but not limited to: workspace costs
(e.g., office space, office supplies, computer equipment, telephones, radios, utilities, etc.
Costs for these items are included as part of the Overhead in the labor rates in Sections
2, 3, and 4. Costs for the trash dumpster, .toilets, and utilities will be reimbursed
separately.
Construction Trailer Yard (All Inclusive) Included in C
40 Yard Dumpster, 2 Portable Toilets, and Utilities
Per Month = 732
Average Estimated Monthly Subtotal = 732
C. Average Estimated Total Cost per Month:
- Management and General Requirements $3,948
D. Rationale
The Consultant's staff will update work plans and coordinate Consultant's
implementation of Scope of Services requirements, including process billing and
payments, monitor budget execution and financial management, manage any technical
library and records, and perform other duties required by Exhibit A.
6
2.0 GROUNDS, BUILDINGS, AND FACILITIES MAINTENANCE
Proposed method of accomplishment: The plan for this activity is to accomplish
grounds, buildings, and facilities maintenance, incidental drive -by inspections and
minimal pest control. If any outside consultants or contractors are envisioned they are
identified herein. Materials and equipment directly related to performing the work in
Section 2 of the Scope of Services are identified below.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) + Employer
Payments (Min. Prevailing Wage Rate) + Overhead (Management
Services per Section 1.0) + Profit.
For grounds, building, and facility maintenance labor the following work load by labor
position, hourly rate, estimated workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $9,918.00
B. Equipment Estimate of the Most Commonly Used Items (e.g. stake
bed truck w/ hand tools, bobcat, tractors, mowers, pumps, etc.). All
equipment rates include: delivery and pick -up fees, fuel, insurance, and
maintenance costs.'
Average Estimated Monthly Subtotal = $8,516.18
C. Materials Estimate (e.g. fencing, green screen, plywood, etc.) per the
attached fee schedule.
Item: Costs:
Miscellaneous Materials Per Month $1,000.00
Water Meter Per Month $1,500.00
Average Estimated Monthly Subtotal = $2,500.0 0
10
Minimum Prevailing Wade Rate
(Per Labor Code Part 7, Chapter 1,
Labor
Hourly
Estimated
Estimated
Position
Bate
Hours /Month
Cost/Month
Article 2, Sections 1770, 1773, 1773.1
Basic
Employer
Total
Hourly
Pa menu
Landscape
Laborer
Foreman/
$67
54
$3,618.00
$24.72
$16.32
$41.04
Supervisor
Landscape
Maintenance
$45
140
$6,300.00
$8.00
$0.22
$8.22
Laborer
Average Estimated Monthly Subtotal:
$9,918
N/A
Average Estimated Monthly Subtotal = $9,918.00
B. Equipment Estimate of the Most Commonly Used Items (e.g. stake
bed truck w/ hand tools, bobcat, tractors, mowers, pumps, etc.). All
equipment rates include: delivery and pick -up fees, fuel, insurance, and
maintenance costs.'
Average Estimated Monthly Subtotal = $8,516.18
C. Materials Estimate (e.g. fencing, green screen, plywood, etc.) per the
attached fee schedule.
Item: Costs:
Miscellaneous Materials Per Month $1,000.00
Water Meter Per Month $1,500.00
Average Estimated Monthly Subtotal = $2,500.0 0
10
D. Average Estimated Total Cost per Month:
- Grounds, Buildings, and Facilities Maintenance $20,934.18
E. Rationale
The resources applied to the grounds function will eliminate tall weeds and their
associated fire hazards in and around buildings, including maintaining an
acceptable level of appearance for the site consistent with Exhibit A "Scope of
Services" of this Agreement, clarified as follows: All growth areas are non -
irrigated but mowed at a seasonally adjusted frequency to maintain various
acceptable vegetation heights and appearance, e.g., high visibility areas more
frequent, lower height; open fields less frequent mowing higher growth allowed.
Work also includes minimum maintenance /repair of Navy access roads,
maintenance /repair of fencing, securing Hangar 29 and Building 3000T as
needed to minimize vandalism, trespassing, and burglary. Other work items also
include regular policing of the site collecting trash and refuse, and protecting in
place Navy equipment the existing dirt and rock piles.
'If other equipment items are necessary the costs associated with these items shall be as
shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the not to
exceed monthly costs as shown in Attachment 1 of Exhibit C.
3.0 EROSION AND SEDIMENT CONTROL
Proposed method of accomplishment: Perform regular erosion and sediment control
activities, including clearing drainage ditches of weeds to six inches (6 ") in height,
preventing blockages and debris, using primarily hand tools. Also maintain erosion and
sediment control Best Management Practices per the approved Erosion Control Plan
attached as Exhibit E to this agreement, including inspections before, during and after
rain events.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) + Employer
Payments (Min. Prevailing Wage Rate) + Overhead (Management
Services per Section 1.0) + Profit.
For erosion and sediment control labor the following work load by labor position, hourly
rate, estimated workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $7,272.00
B. Equipment Estimate of the Most Commonly Used Materials (e.g.
bobcat loader, pumps, etc.) All equipment rates include: all applicable
delivery and pick -up fees, fuel, insurance, and maintenance costs.'
Average Estimated Monthly Subtotal = $1,550.00
C. Materials Estimate (e.g. BMPs: sandbags, visqueen, straw wattles, etc.)
per the attached fee schedule.
Item:
Costs (Purchased Annually):
Straw Wattles
Avg.
Minimum Prevailing Wage Rate
(Per tabor Code Part 7, Chapter 1,
Labor
Hourly
Estimated
Estimated
Position
Rate
Hours /Month
Cost/Month
Article 2, Sections 1770, 1773, 1773.1
Basic
employer
Total
Hourly
Payments
-
Landscape
Laborer
$67
36
$2,412.00
$24.72
$16.32
$41.04
Foreman/
Supervisor
Landscape
Maintenance
$45
108
$4,860.00.
$8.00
$0.22
$8.22
Laborer
Average Estimated Monthly Subtotal:
$7,272.00
NiA
N/A
N/A
Average Estimated Monthly Subtotal = $7,272.00
B. Equipment Estimate of the Most Commonly Used Materials (e.g.
bobcat loader, pumps, etc.) All equipment rates include: all applicable
delivery and pick -up fees, fuel, insurance, and maintenance costs.'
Average Estimated Monthly Subtotal = $1,550.00
C. Materials Estimate (e.g. BMPs: sandbags, visqueen, straw wattles, etc.)
per the attached fee schedule.
Item:
Costs (Purchased Annually):
Straw Wattles
Avg.
per Month = $ 543.75
Visqueen
Avg.
per Month = $ 543.75
Dirt Bags
Avg.
per Month = $ 543.75
Gravel Bags
Avg.
per Month = $ 543.75
Average Estimated Monthly Subtotal = $2,175.00
12
D. Average Estimated Total Cost per Month:
- Erosion and Sediment Control $10,997.00
E. Rationale
The resources applied to the erosion and sediment control will include all
necessary labor, equipment, and materials to comply with the "Scope of
Services" and the approved "Erosion and Sediment Control Plan" attached as
Exhibits A and E, respectively, of this Agreement. It is anticipated that erosion
and sediment control needs will fluctuate during the year differing primarily
between the 'rainy season" from October 1st through April 30th which will have a
higher demand on labor and materials with a lower demand from May through
September.
'If other equipment items are necessary the costs associated with these items shall be as
shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the not to
exceed monthly costs as shown in Attachment 1 of Exhibit C.
13
4.0 MISCELLANEOUS
Proposed method of accomplishment: Perform miscellaneous services, including
coordinating site access control and minimal security services, key control,
management and provision of a destructive weather plan, and animal control.
A. Labor Estimate
Hourly Rate = Basic Hourly Rate (Min. Prevailing Wage Rate) + Employer
Payments (Min. Prevailing Wage Rate) + Overhead (Management
Services per Section 1.0) + Profit.
For miscellaneous labor the following work load by labor position, hourly rate, estimated
workload and cost per hour are identified.
Average Estimated Monthly Subtotal = $718.00
B. Equipment Estimate of the Most Commonly Used Materials All
equipment rates include: all applicable delivery and pick -up fees, fuel,
insurance, and maintenance costs.'
Item: Costs:
$ /mo = $ N/A
$ N/A
C. Materials Estimate
Item: Costs:
Misc. (Keys, Locks, Chains, etc.) Per Month 600
D. Average Total Cost per Month:
- Miscellaneous $1,318.00
14
Minimum Prevailing Wage Rate
(Per Labor Code Part 7, Chapter 1,
Article 2, Sections 1770, 1773, 1773.1
Labor
Position
Hourly
Rate
Estimated
Hours /Month
Estimated
Cost/Month
Basic
Hourly
Employer
Payments
Total
Landscape
Laborer
Foreman/
$67
4
$268.00
$24.72
$1632
$41.04
Supervisor
Landscape
Maintenance
$45
10
$450.00
$8.00
$0.22
$8.22
Laborer
Average Estimated Monthly Subtotal:
$718 00
N/A
N/A
N/A
Average Estimated Monthly Subtotal = $718.00
B. Equipment Estimate of the Most Commonly Used Materials All
equipment rates include: all applicable delivery and pick -up fees, fuel,
insurance, and maintenance costs.'
Item: Costs:
$ /mo = $ N/A
$ N/A
C. Materials Estimate
Item: Costs:
Misc. (Keys, Locks, Chains, etc.) Per Month 600
D. Average Total Cost per Month:
- Miscellaneous $1,318.00
14
E. Rationale
The resources applied to the miscellaneous services will include all necessary
labor, equipment, and materials for any miscellaneous services required per the
"Scope of Services" attached as Exhibits A that are not include in Sections 2 and
3. For example, it is anticipate minor miscellaneous materials would be
associated with installing, repairing, and maintaining facility security mechanism
(e.g. keys, locks, chains, etc.).
'If other equipment items are necessary the costs associated with these items shall be as
shown on Attachment 3 of Exhibit C. In any event, Consultant shall be limited to the not to
exceed monthly costs as shown in Attachment t of Exhibit C.
15
5.0 CONTINGENCY
Proposed method of accomplishment: Recognizing there are many unknowns, small
contingency amounts up to 5% of the sub -total (or $37,197.18) have been included to
be used in handling unforeseen expenses. These amounts are included in the
individual performance line items listed above and shall be billed when authorized in
writing by the City on a time and materials basis not to exceed the total contingency
amount.
A. Average Total Cost per Month:
- Contingency $1,859.86
16