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HomeMy WebLinkAbout20 MCAS REUSE PLAN 05-01-00AGE N NO. 20 05-01-00 DATE: MAY 1, 2000 TO: FROM: SUBJECT: Inter-Com WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF OFF-SITE MITIGATION IMPROVEMENT AGREEMENTS FOR MCAS TUSTIN REUSE PLAN SUMMARY The Agreement between the City and LSA Associates will provide for the preparation of off-site mitigation improvement agreements with the cities of Irvine and Santa Ana and with Caltrans pursuant to Mitigation Measure No. IA-6 of the Final EIS/EIR for MCAS Tustin. RECOMMENDATION It is recommended that the City Council approve a Consultant Services Agreement with the firm of LSA Associates to prepare off-site mitigation improvement agreements for MCAS Tustin in an amount not to exceed $42,000.00, and authorize the Mayor and City Clerk to execute the Contract on behalf of the City, subject to approval of the City Attorney. FISCAL IMPACT The Consultant will be compensated on an hourly basis for preparation of the agreements and cost estimates for the improvements. It is estimated that the total cost for these services will not exceed $42,000.00. Funds for this service are available in the FY 1999/2000 Engineering Division Operation Budget. DISCUSSION In the Final EIS/EIR for MCAS Tustin, general circulation improvements are identified to mitigate traffic impacts due to the project. The circulation improvements are divided into two categories, on-site and off-site improvements. The off-site improvements are identified within the project study area and generally are within the cities of Irvine and Santa Ana, and within the Caltrans rights-of-way. There are three locations within Tustin outside of the MCAS Base area that require mitigation improvements; however, since this is a City project, an agreement to implement these improvements is not necessary. Mitigation Measure No. IA-6 requires the City of Tustin to enter into agreements with the cities of Irvine and Santa Ana and Caltrans to ensure that the off-site roadway improvements needed'to mitigate the traffic impacts of the project are developed pursUant to improvement programs established by the respective jurisdictions. The Final EIS/EIR provides a detailed process for development of these agreements that includes: scoping meetings with the affected jurisdictions to identify any concerns they may, discussions and costing of feasible improvements that would be acceptable to the affected jurisdictions toward fulfilling mitigation obligations of the project, and preparation of agreements to identify the improvements, timing of implementation and fair share contribution of the project. Consultant Services Agreement for Preparation of Off-Site Mitigation Improvement Agreements for MCAS Tustin Reuse Plan May 1, 2000 Page 2 The City has been negotiating with LSA Associates to provide services to prepare the agreements and cost estimates for the off-site mitigation improvements. Based upon the proposal received from LSA Associates and review of the personnel assigned to this project, it appears they have a thorough understanding of the work tasks and will successfully complete the preparation of the agreements in the best interest of the City. LSA Associates has a good reputation, qualified staff and have prepared similar types of agreements for other agencies. It is recommended that the City Council approve the Consulting Services Agreement with LSA Associates for preparation of the off-site mitigation improvement agreements, subject to approval of the City Attorney. Christine A. Shingleton Assistant City Manager Director of Public Works/City Engineer DouglaC'R. Anderson Senior Project Manager-Transportation CAS:DA:Off-Site Mit Agreemts Attachment CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this ~ day of ., 19__, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for Preparation of Off-site Mitigation Improvement A~eements for MCAS Tustin Re-use Plan, hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated March 30, 2000 a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services. Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A". Section 2: Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion. The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or -1- negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. Section 4: Compensation. A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a total cost of $42,000.00. g. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. Co Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor. Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification. Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. SeCtion 7: Insurance. mo Consultant shall maintain in full force and effect during the term of this Agreement policies of comprehensive general liability, personal injury and automobile liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence. Bo Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either -2- (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required-by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. Co Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. Do All insurance required pursuant to this Section shall be issued by a company admitted in the State of California and rated A, VII or better by the latest edition of Best's Key Rating Guide. Bo Upon execution of this Agreement, Consultant shall provide to City certificates of insurance on the City's form evidencing the required insurance. 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. Section 8: Termination of Agreement. mo City shall have the right to terminate any or all of the services covered l~y this Agreement at any time for any reason by giving written notice to Consultant. Bo Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Co Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: -3- To City: To Consultant: City of Tustin Attn.: Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780 LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, CA 92614 Section 10: Miscellaneous Provisions. mo Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. Bo No part of this Agreement may be assigned by Consultant without the prior written approval of City. Co This A~eement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. Do Consultant shall perform all services required under this Agreement using that degree of care .and skill ordinarily exercised under similar conditions in similar localities, and shall be respo.nsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. Eo Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off' or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. -4- IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Jeffery M. Thomas, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney "CONSULTANT" LSA Associates, Inc. By Signature (Print Name/Title) -5- LSA LS ') C I t~TE S , INC. O1~ K IS'LAZA, SUITE 500 IRVI,~ ~., CALIFORNIA 92614 949-553,O666 949.553.8076 FAX OTHER OFFICES: BERKELEy RIVEItSIDE PT. RICHMOND ROCKLIN March 30, 2000 Nlr. Doug Anderson Engineering Division C iv,.' of Tustin 300 Centennial Way Tustin. CA 92780 Professional Services Proposal: Areawide Mitigation Agreement Dear Dou~_: On behalf ofLSA Associates, Inc. (LSA), I am pleased to submit this professional services proposal to ?-,ssist the City of Tustin with implementation of MCAS Tustin EIS/EIR circulation Mitigation Measure IA-6. In sum, the mitigation measure requires the City to enter into agreements ~vith ,,.,,~..:, and the cities of Santa Ana and Irvine to ensure that the off-site roadway improvements nee~ied re mitignte the effects of the MCAS Tustin Reuse Specific Plan are constructed. The Envircnmen:ai Impact StatemenffEnvifonmental Impact Report (EIS/EIR) traffic anaivsis .... mm,.nc~a circulation improvements as mitigation for the Specific Plan impacts for the' interim 2005 and buiid out 2020 horizons. The agreement mitigation measure acknowledaes these improvements as necessary to offset Specific Plan impacts, and allows for the respective jurisdictions to identify the scope and fair share costs of the improvements, or to identify alternate improvements of similar scope and cost to offset Specific Plan impacts. LSA's role is to ~'acilitate these discussions, identify, the scope of the improvements, present the cost estimate and fair share allocations, and cooperate with the cities towards the adoption of the required agreements. At the outset of the work effort, LSA will meet with the City of Tustin staffto clarify. Tustin's obligations according to the Specific Plan agreement mitigation measure. We will review the EIS/EIR traffic analysis and mitigation package, any correspondence between Tustin and the other agencies, and other model agreements the City may wish to pursue. The purpose of this task is to initiate proper communication between LSA and the City prior to a dialogue with the affected agencies. LSA will then facilitate "scoping like" meetings, per the agreement mitigation, with Tustin, Caltrans, Santa Aha, and Ir'vine. The purpose of these meetings is to discuss the recommended circulation improvements, define a preliminary scope of the improvement implementation, identify particular factors at each location that may affect cost estimation, present practical implementation schedule mechanisms, and discuss realistic alternative mitiuations that offset specific project impacts. LSA will facilitate one initial meeting with each of the~gencies (i.e., three init-iai meetings). LSA will then meet with City of Tustin staff to discuss the proposed circulation improvements, their merits and feasibility. LSA will then facilitate one additional meeting with each affected agency to arrive at a consensus on the recommended circulation improvement package (i.e., three additional meetings). 3/30/00((H:\TONYkFILES\MCAS Tustin agree pro.wpd>> PLA~t~t~O t £NV~aON'~£NTAL SCZ£NC£S [ ~£s~o. LSA ASSOCIATES, INC. For budgetau purposes, two additional meetings have been identified with City, of Tustin staff for strategy and direction. For every occasion, LSA ~vill summarize the discussion, and will distribute meeting minutes to all participating agencies. Once a set of improvements is identified, LSA will work with FPL and AssociateS, Inc. to develop conceptual plans and cost estimates for each improvement. The EIS/EIR identified 23 intersection locations that are forecast to be impacted by the Specific Plan in either a 2005 or 2020 horizon. Three of these locations have no physical improvements for mitigation (i.e., either no mitigation feasible or ATMS improvements recommended). Therefore, the LSA and FPL scopes of work include development of conceptual plans and cost estimates for up to 20 intersections. Using the agreed upon fair share allocation methodology and implementation scheduling mechanism, LSA will prepared an analysis that documents the identified improvements, presents the conceptual plans and cost estimates, and identifies the implementation schedule and agency responsibility (i.e., fair share). This will be presented as a stand alone document for review and concurrence by the affected agencies according to the agreement mitigation measure. LSA will update the technical analysis based on comments generated, and will present the final analysis to the City of Tustin. Using the technical analysis as the framework, LSA will develop the actual agreement. This approach allows for a simplified, "clean" agreement with all technical backup in a single technical analysis. LSA staff wil! be available to a~end one meeting each with the jurisdictions (i.e., three meetings) in preparation of the final technical analysis and agreement document, and will be available for one Planning Cornrnission and one City Council hearing in support of the technical analysis and a~reement documents. Eased on this scope of work and the proposal prepared by FPL and Associates, Inc., a buclget of $42,000 will be required. The budget estimate is allocated according to task in the attached w.vrksheet. This amount will be billed on an hourly basis, consistent with the attached rates and provisions. This amount will not be exceeded without your prior authorization. Thank you for the opportunity to submit this proposal. We look forward to a productive endeavor and a successful completion of this project. Sincerely, LSA ASSOCIATES, INC. Principal ~ A~achment: 1. FPL and Associates, Inc. Proposal 2. Budget Estimate Worksheet 3. Standard Contract Provisions cc: Fong Ping Lee, FPL and Associates, Inc. 3/30/00<(H:\TONY~FILESXMCAS Tustin agree pro.wpd>) 2 FPL FPL and Asso, ~, Inc. 10 Corporate Park, Suite 310 Irvine, California 92606 Telephone: (949) 252-1688 Facsimile: (949) 252-0088 Consulting Engineers . Traffic . Transportation . Civil . Facilities Mr. Tony Petros Project Manager LSA Associates, Inc. One Park Plaza, Suite 500 Irvine, CA 92614 March 31, 2000 Prepare Rough Cost Estimates for up to twenty circulation imprOvements in the vicin,~ty of MCAS Tustin (Revised) Dear Tony: FPL and Associates, Inc. is very pleased to participate on your team for the aforementioned project. FPL will provide engineering services based on the following esam,re for a typical intersection: Hours S/Hour ),s-Suiit Collection 1.5 $50 $75 Site Visit . 2.5 $90 $225 Conceptual Design 4 $90 $360 Cost Estimation I $90 $90 Total per Intersection 9 $75O There will be a total of $15,000 if there are up to twenty (20) intersection improvements. FPL will estimate the required right-of-way take areas, if any, and will include an estimate the right-of-way cost in the contigency factor. Mr. Ron Fromknecht, P.E. will be in charge of this engineering project. We greatly appreciate the opportunity to work with you. Sincerely Yours, Fong-Ping Lee, Ph.D., P.E., T.E. President Z LSA Associates. Inc. SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING IEa~TES FEES FOR PROFESSIONAL SER VICES Fixed-Fee Contracts If a fixed-fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the pro- posal. All other professional services are considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts, unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Se, vices Section of the attached proposal shall be provided on a time and materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is anached, or can be made available. Hourly rates are subject to review at least annually on or about August 1 of each year, and may be adjusted to reflect changing labor costs, zz our discretion, at that time. (A schedule can be made available upon request.) . Dire.zt costs (including cost of subconsultants) shall be reimbursed at cost plus ten percent, unless other arrangements are made in advance, and are not included in the hourly fee for professional 'services. The total estimated amount of time and expenses noted in the proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client. INVOICING Monthly invoices shall be submitted for progress payment based on work completed to date. Out of pocket expenses shall be billed on a separate monthly invoice. Clients requesting changes to LSA's standard invoice may be billed for the time to develop the invoice and monthly administration of the billing. PA 2,'7dZNT OF A CCO UNTS Terms are net 30 days. LSA offers a one percent discount on invoices paid within 30 days of the invoice date. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the client. 1 BIO0{{ L:\CORP\CONTRACT.WPD)) LSA Associate& Inc. EZ. ECTR ONIC FILE .DA TA CHANGES LSA does not warranty any changes made to any information electronically transmit- ted. LITIGATION In the event that either party brings action under the proposal for the breach or en- forcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgement. NOTICES Any notice or demand desired or reqUired to be given hereunder shall be in writing, and shall be deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice. Any notice so delivered personally shall be deemed to be received on the dare of delivery, and any notice mailed shall be deemed to be received five (5) days al~er the date on which it was mailed. T.~%L73,~ TIO,N' OF SER VICES These services may be terminated by either party for good cause upon five days writ- ten notice or by the client for any reason upon ten days written notice. In this event, payment for all services and expenses incurred prior to the date of termination shall be due and payable upon receipt of a final invoice in accordance with the provisiOns of the foregoing section. RE 70CA TJON If this Schedule of Standard Contract ProVisions is attached to a proposal, said pro- posal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. 1/3/00(( L:\coRP\coNTRACT.WPD)> L.~ .4s$oci01¢$, ]nc. HOURLY BILLING RATES - EFFECTIVE AUGUST, 1999' Job Classification PRINCIPAL ASSOCIATE/PROJECT MANAGER ASSISTANT PROJECT MANAGER PRINCIPAL INVESTIGATOR/PROJECT SCIENTI ST Hourly Rate: $100-200 $ 75-135 $ 50-85 $ 45-80 ENVIRONMENTAL ANALYST/ASST. PLANNER/ASST. ENGINEER "$ 30-75 FIELD DIRECTOR (ARCHAEOLOGY/PALEONTOLOGY/BIOLOGY) RESEARCH ASSISTANT/TECHNICIAN FIELD CREW GRAPHICS OFFICE ASSISTANT WOk/_") PROCESSING $ 45-60 $25-5O $ 20-45 $ 7O $45 $ 65 1/3/00<( L:\CORP\CONTRACT.WPD)> Revised August, 1999. The hourly rate for work involving actual expenses in court, giving deposi- tions or similar expert testimony, will be billed at $250 per hour regardless of job classification. 3 LSA IN-HOUSE DIRECT EXPENSES Reproduction Color Reproduction (8.5xl t) Color Reproduction (1 lx17) Mileage Road Off-road Facsimile Plotting Diazo Printing Film (developing billed separately as a direct cost) Disposable camera and film Search of Specialized Data Bases Z,SA Associate, Inc. $0.10 per page $1.00 per page $3.00 per page $0.325 per mile $0.475 per mile $1.00 per page $20.00 per sheet $0.20 per sq. ft. $5.00 per roll $10.00 per camera $100.00 per inquiry 1/3/00(<L:\CORP\CONTRACT.WPD))