HomeMy WebLinkAboutRDA 02 TUSTIN LEGACY 05-15-00AGENDA
RDA NO. 2
05-15-00
inter-Corn
DATE'
MAY 15, 2000
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
REDEVELOPMENT STAFF
APPROVAL OF CONSULTING SERVICES AGREEMENT FOR THE PREPARATION
OF REDEVELOPMENT PLAN ADOPTION MATERIALS FOR THE MCAS TUSTIN
LEGACY PROJECT AREA
SUMMAR Y: Agency approval is requested to authorize the Assistant City Manager to sign a Consulting
Services Agreement for the preparation of Redevelopment Plan adoption materials for the MCAS
Redevelopment Project survey area.
RECOS~MENDATION
Authorize the Assistant City Manager to sign a Consulting Services Agreement by and between the
Tustin Community Redevelopment Agency and Keyser Marston Associates, Inc.
FISCAL IMPACT
The proposed agreement is in a not to exceed amount of $57,000. $42,000 was appropriated in the FY
1999-2000 Budget and an additional $15,000 will be allocated to the Project in the 2000-2001 Budget.
BACKGROUND
The Redevelopment Agency previously approved a Consultant Services Agreement with Katz Hollis for
the preparation of a redevelopment plan and creation of a redevelopment project area for MCAS-Tustin.
Work under the contract was interrupted due to various delays including changes in the federal reuse
planning regulations and other intervening issues, including issues associated with the Consultant's
performance. Fommately, a substantial portion of the work product was completed. However, there still
remains work to be completed for the adoption of the MCAS-Tustin redevelopment plan and creation of
the project area.
Agency staff is recommending that the firm of Keyser Marston Associates (KMA) complete the
preparation of the redevelopment plan adoption materials. The materials prepared previously by Katz
Hollis will be used or revised as necessary s° that the professional services rendered by KMA will largely
reflect a continuation of the original scope of services anticipated for adoption of the MCAS-Tustin
redevelOpment project.
The original amount for Katz Hollis services was $69,544.50. The Agency has spent or encumbered
approximately $35,427 leaving approximately $34,117 unspent. While much of the previous work
remains applicable, there is a need for significant review, update and revision of plan adoption documents
including the revision of the Assessor's base year used for determining furore mx increment revenues for
William A. Huston
Approval of Consulting Services
May 15, 2000
Page 2
the MCAS-Tustin redevelopment project. In addition, there are a number of tasks that no work has yet
been performed that need completion.
The proposed consultant services fee of $57,000 anticipates review and updates of the previous work and
additional work necessary for the adoption of a redevelopment plan and creation of project area.
Assistant City Manager
James A. Drau~hon~
Senior Project ~l~nager
Attachment
JD:hMCAS Redev Plan FormationLMay 15 Board Memo.doc
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services (herein "Agreement"), is made and entered into by
and ~between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a public body,
corporate and politic, ("Agency"), and KEYSER MARSTON ASSOCIATES, INC. ("Consultant").
WHEREAS, Consultant is qualified to provide the necessary s~rvices and has agreed to
provide such services; and
WHEREAS, Consultant has submitted to Agency a proposal, dated May 3, 2000, a copy of
which is attached hereto as Exhibit "A", and is by this reference incorporated herein as though set
forth in full hereafter (the "Proposal").
NOW, THEREFORE, in consideration of the premises and mutual agreements contained
herein, Agency agrees to employ and does hereby employ Consultant and Consultant agrees to
provide consulting services as follows:
1. SERVICES OF CONSULTANrI'
1.1 Scope .of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services specified in Consultant's proposal attached
hereto as "Exhibit A." and the Scope of Services attached hereto as Exhibit "B" 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. In the event of any. inconsistency between the terms contained in Extfibit
"A" and the terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement and Exhibits B, C and D shall govern.
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 Tustin Community Redevelopment Agency and of any federal, state or local
governmental 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
Consultant (a) has thoroughly investigated and considered the work to be performed, (b) has
investigated the site of the work and become fully acquainted with the conditions there existing, (c)
has carefully considered how the work should be performed, and (d) fully understands the facilities,
difficulties and restrictions attending performance of the work under this Agreement. Should the
Consultant discover any latent or unknown conditions materially differing fi.om those inherent in
the work or as represented by the Agency, Consultant shall immediately inform Agency 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 materials, papers or other
components of the work, and shall be responsible for all such damage until acceptance of the work
by Agency, except such loss or damages as may be caused by Agency's own negligenCe.
1.6 Additional Services. Consultant shall perform services in addition to those
specified in the Consultant's Proposal and Exhibit "B" hereto when directed to do so in writing by
the Contract Officer, provided that Consultant shall not be required to perform any additional
services without compensation. Any additional compensation not exceeding ten percent (10%) of
the original Contract sum must be approved in writing by the Contract Officer. Any greater
increase must be approved in writing by the Executive Director.
1.7 Special Requirements. Additional terms and conditions of this Agreement
are set forth in Exhibits "B", "C" and "D" and are incorporated herein by this reference. In the
event of a conflict between the provisions of Exhibit "B", "C" and "D" and any other provision or
provisions of this Agreement including Exhibit A, the provisions of Exhibits "B", "C" and "D"
shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, the Consultant shall be compensated and reimbursed in an amount not to exceed
$57,000, including reimbursement for expenses.
2.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to Agency in
the form approved by Agency's Director of Finance, an invoice for services rendered prior to the
date of the invoice. Agency shall pay Consultant for all expenses stated thereon which are
approved by Agency consistent with this Agreement, no later than the last working day of said
month.
2.3 Payment for Changes. Changes approved pursuant to an Addendum shall be
compensated at the personnel hourly rates prescribed in Exhibit "A" hereto.
3. PERFORMANCE SCHEDULE
3.1
Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed within any time periods prescribed in any Schedule of Performance attached
hereto marked Exhibit "D". The extension of any time period specified in the Exhibit "D" must be
approved in writing by the Contract Officer. The Contract Officer shall not unreasonably withhold
consent for an extension of time which is necessitated solely by the action(s) or inaction(s) of the
Agency on its officers or c'mployees.
3.3 Force Majeure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
the Consultant shall within ten (10) days of the commencement of such condition notify the
Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be
final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this
Agreement, this Agreement shall continue in full force and effect until satisfactory completion of
the services but not exceeding one (1) year from the date hereof, unless extended by mutual written
agreement of the parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal of the 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:
·
James Rabe, Principal
Keyser Marston Associates, Inc.
500 South Grand Avenue, Suite 1480
Los Angeles, CA 90071
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing Principal is a substantial inducement for Agency 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. The foregoing Principal may not be changed by Consultant
without the express written approval of Agency.
4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager
of City unless otherwise designated in writing by the .Executive Director of Agency. It shall be the
Consultant's responsibility to keep the Contract Officer fully informed of the progress of the
performance of the services and Consultant shall refer any decisions that must be made by Agency
to the Contract Officer. Unless otherwise specified herein, any approval of Agency required
hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
· knowledge, capability and reputation of Consultant, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement. Therefore, 'Consultant shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the Agency. 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 Agency. The Agency shall not unreasonably withhold consent for an assignment to a
business entity that succeeds to the entire assets and operation of the Consultant's business.
Reasonable grounds for withholding such consent shall include, but shall not be limited to, a delay
in performance caused by or related to the assignment and/or a proposed change in the Principal
designated in Section 4.1 of this Agreement.
4.4 Independent Consultant. Neither the Agency 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
alt services required herein as an independent consultant of Agency and shall remain at all times as
to Agency a wholly independent consultant with only such obligations as are consistent with that
role. Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of Agency.
5. INSUXANCE, LN'DEMNIFICATION AND BONDS
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, pubhc hability and property damage insurance
against all claims for injuries against persons or damages to property resulting fi.om Consultant's
performance under this Agreement. Consultant shall also carry workers' compensation insurance in
accordance with Cahfomia workers compensation laws. Such insurance shall be kept in effect
during the term of this Agreement and shall not be cancelable without thirty (30) days written
notice to Agency of any proposed cancellation. The Agency's certificate evidencing the foregoing
and designating Agency and the City of Tustin (City) as additional named insureds shall be
delivered to and approved by the Agency and City prior to commencement of the services
hereunder. The procuring of such insurance and the delivery of policies or certificates evidencing
the same shall not be construed as a limitation of Consultant's obligation to indemnify the Agency,
its consultants, officers, and employees. The amount of insurance required hereunder shall include
comprehensive general liability, personal injury and automobile liability with limits of at least One
Million Dollars ($1,000,000) combined single limit per occurrence. Coverage shall be provided by
admitted insurers with an A.M. Best's Key Rating of at least AVII.
5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless
the Agency, City, its officers and employees, fi.om 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
Agency, City, due to errors and 'omissions committed by Consultant, its officers, employees and
agents, arising out of or related to Consultant's performance under this Agreement, except for such
loss as may be caused by Agency or City's o,~n negligence or that of its officers or employees.
6. RECORDS ANT) REPORTS
6.1 Reports. 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.
6.2 Records. Consultant shall keep such books and records as shall be necessary
to properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access to
such books and records at all reasonable times, including the right to inspect, copy, audit and make
records and transcripts from such records.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of this Agreement shall
be the property of Agency and shall be delivered to Agency 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 Agency of its full rights or ownership of
the documents and materials hereunder. Consultant may retain copies of such documents for its
own use. Consultant shall have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This A~eement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Orange, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party cures any default within ninety (90) days after service of the notice, or if the cure of
the default is commenced within thirty (30) days after service of said notice and is cured within a
reasonable time after commencement; provided that if the default is an immediate danger to the
health, safety and' general welfare, the City may take immediate action under Section 7.6 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.
7.3 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 Agency shall be deemed to waive or render unnecessary Agency's
consent to or approval of any subsequent act of Consultant. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other default concerning the same or any
other provision of this Agreement.
7.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
7.5 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment or any other remedy consistent with the purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. The Agency reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of the Consultant and constitutes an
immediate danger to health, safety and general welfare, the period of notice shall be such shorter
time as may be appropriate. Upon receipt of the notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter.
7.7 Termination for Default of Consultant. If termination is due to the failUre of
the Consultant to fulfill its obligations under this Agreement, Agency 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 Agency shall use reasonable efforts to mitigate
damages, and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed to City.
7.8 Attorneys Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit from the losing party.
8. AGENCY AND CITY OFFICERS AND EMPLOYEES; NON-
DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or employee of
Agency or City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by the Agency or for any amount which may become due to the
Consultant or its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall
be no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry. Consultant shall take affirmative action to insure that applicants
and employees are treated without regard to their race, color, creed, religion, sex, marital status,
national origin, or ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by pre-pa/d, first-class mail to the address set forth below.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty-ei~ht (48) hours from the time of ma/ling if ma/led as
provided in this Section.
To City:
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
300 Centennial Way
Tustin, CA 92780
Attention: Christine Shingleton, Assistant City Manager
(Contract Officer)
To Consultant:
James Rabe, Principal
Keyser Marston Associates, Inc.
500 South Grand Avenue, Suite 1480
Los Angeles, CA 90071
9.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement, which shall be interpreted to carry out the intent of the parties
hereunder.
9.5 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
Dated:
"City"
TUSTIN COMMUNITY REDEVELOP~MENT
AGENCY
By:
Christine A. Shingleton
Assistant City Manager
APPROVED AS TO FORM:
Lois Jeflkey
City Attorney
"Consultant"
By:
James Rabe, Principal
Keyser Marston Associates, Inc.
EXHIBIT "A"
CONSULTANT'S PROPOSAL
Attached hereto are:
1) Consultant's Proposal
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FAX: 213/622-5204
W~i~ gi~E: WWW.KMAINC.COM
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FISCAL IMPAC1
]NFRAgTRUCJURE FINANCE
VALUATION AND
LITIGATION SUPPOR~
May 3, 2000
Los Angeles
Calvin E. Hollis, II
Kathleen H. Head
James A. Rabe
San Diego
Gerald M. Trimble
Robert J. Wetmore
Paul C. Marra
Mr. Jim Draughon
Senior Project Manager
City of Tustin
Community Redevelopment Agency
300 Centennial Way
Tustin, California 92780
SA Iv FRANCIS CO
A. Jerry Keyser
Timothy C. Kelly
Kate Earle Funk
Denise E. Conley
Debbie M. Kern
Martha N. Packard
Re:
Proposal for Consulting Services -
MCAS Tustin Redevelopment Project
Dear Jim:
Per our discussions on April 27 and May 2, 2000, Keyser Marston Associates, Inc. (KMA) has
prepared an amended (attached) proposal to provide redevelopment consulting services for
the adoption of the MCAS Tustin Redevelopment Project (Base). The revised scope includes
an additional $2,000 to prepare a tax increment projection for the 52-acre area outside of the '
Base but within Tustin to be included in the project. The financial scope of services also
includes segregating the tax increment revenue for the Irvine portion of the Base. In total,
three separate base year values will be identified and three separate tax increment projections
will be prepared.
Also, our revised proposal excludes administrative and coordination services. These services
are typically used to provide on-going schedule coordination, consultation on procedural
issues, review of staff reports, additional drafts of documents and request for additional
analysis and services not specifically provided in our scope. It is our understanding that staff
will monitor the schedule and will not require any additional services beyond document
preparation. Also, it is assumed that staff will consult with legal counsel regarding procedural
issues.
0005001 .KMA:PA:gbd
99900.000.002
Mr. Jim Draughon
City of Tustin
May 3, 2000
Page 2
Finally, as we discussed, we assume that staff will be responsible for any necessary
coordination with the City of Irvine. All resolutions and notices for the adoption ordinance will
be prepared for Tustin. To the degree that Irvine will take like actions, KMA will revise the text
for Irvine staff to format as necessary. Any notices or resolutions that are unique to Irvine will
be the responsibility of Irvine staff.
Although we have not specifically discussed the issue of timing of the plan adoption, it is
assumed that staff would like the project adopted no later than July 18, 2001 to achieve the
2000-2001 base year. Therefore, this scope of services anticipates that the plan will be
adopted on or before that date. With a typical plan adoption timeline, a March 2001, adoption
would be a reasonable target. Any necessary extension of this time period, beyond the
responsibility of KMA, will cause a change in the scope of service and budget.
Feel free to contact us with any questions. We look forward to working with you on this
Project.
Sincerely,
.iEYSER MARSTON ASSOCIATES, INC.
Attachment
0005001. KMA: PA:gbd
99900.000.002
SCOPE OF WORK
MARINE CORPS AIR STATION-TUSTIN REDEVELOPMENT PROJECT
CITY OF TUSTIN
STATEMENT OF UNDERSTANDING
Keyser Marston Associates, Inc. (KMA) understands that the City of Tustin wishes to adopt a
redevelopment project for the Marine Corps Air Station-Tustin. Work has been partially
completed by other consultants (Katz Hollis or KH and Economic Planning Systems or EPS).
The City of Tustin wishes for KMA to complete the document preparation work, using the
documents completed so far to the extent possible. Tustin staff will be responsible for
administration and coordination of the project adoption, including monitoring the adoption
schedule.
A. SEQUENTIAL TASKS AND DOCUMENT PREPARATION
Task 1 - Schedule Preparation. KMA will prepare a complete schedule of actions ,for all
activities required by law leading to the adoption of the redevelopment project. The Schedule
will list actions, responsible parties, scheduled dates and documents to be prepared. The
Schedule will be updated up to three (3) times during the process of the plan adoption.
Product: .................... Schedule of Actions
Task 2 - Preparation of the Preliminary Plan. Completed [no KMA assistance required].
Task 3 - Identification of Taxing Agencies. Completed. However, KMA will verify that there
have been no additions or changes to the list of taxing agencies and provide a revised list of
taxing agencies if needed.
Product: ..................... Confirmed List of Taxing Agencies
Task 4 - Preparation of 33327 Notices. Draft completed by KH. The Agency needs to
finalize and send out [no KMA assistance required].
Task 5 - Preparation of Redevelopment Plan. Completed by KH. Minor information is
missing or remains to be filled in. KMA will complete and finalize the Redevelopment Plan and
submit a final version to staff.
Product: ..................... Final Redevelopment Plan
Task 6 - Preparation of Owner Participation Rules. Completed by KH [no KMA assistance
requiredl.
0005001.KMA:PA:gbd
99900.000.002
Task 7 - Preparation of Preliminary Report. A partial draft of the Preliminary Repod has
been completed. The financial feasibility analysis and description of projects and programs
need to be prepared. KMA will prepare a draft of these sections and submit them to agency
for review. Upon receipt of comments, a final version of Preliminary Repod will be prepared
and submitted to the Agency.
No. of Meetings: ........ 2
Product: ..................... One draft of Financial Feasibility and Project and Programs Sections
submitted to staff for review and comment. One final version of the
Preliminary Report.'
Task 8 - Preparation of Report to Council. KMA will prepare one draft and one final version
of the Report to City Council.
The Report to City Council will be prepared in accordance with Section 33352 of the
Community Redevelopment Law (as modified by Article 7, Section 33492.100 through
33492.116 of the CRL), and will incorporate the evidence from which the City Council will
make certain findings upon adoption of the redevelopment plan.
No. of Meetings: ........ 1
Product: ..................... One draft and one final version of the Report to Council
Task 9 - Resolutions, Notices and Ordinances. KMA will prepare required resolutions,
notices and ordinance for staff and legal counsel review. The resolutions, notices and
adoption ordinance will be drafted for Tustin use. KMA will make minor modifications to the
resolutions, notices and ordinances for use by Irvine. Unique resolutions, notices, or
substantial changes to these documents for use by Irvine are not included in this scope.
Product: ..................... Required Resolutions, Notices and Adoption Ordinance
Task 10 - Joint Public Hearing Documents. KMA will prepare a script and outline for the
joint public hearing for use by the City Council for conducting the joint public hearing.
Product: ..................... Script and Outline for the Joint Public Hearing
Task 11 - Post Hearing Transmittals. KMA will provide written instructions, example
transmittals and example copies of the forms to be submitted to the state, city and county
agencies after the redevelopment project is adopted. City staff will be responsible for
completing and submitting the transmittals and forms.
Product: .................... .Written instructions, sample transmittals and sample forms
0005001. KMA:PA:gbd
99900.000.002
Page 2
B. TECHNICAL STUDIES
Task 1 - Field Survey and Database Management. The field survey was completed in 1997.
Due to the age of field survey data, KMA will complete a field survey of the 52 acres outside of
the Base to determine if the condition of the properties has changed since 1997.
Product: ..................... Updated Field Survey
Task 2 - Blight Analysis. The blight analysis was completed by KH. However, due to the
age of the blight analysis, KMA will update the economic blight analysis as appropriate.
Product: ..................... Revised blight analysis for Preliminary Report and Report to Council.
Task 3 - Financial Feasibility. A tax increment projection for the MCAS has been completed
by EPS. At the request of the Agency, KMA will utilize the tax increment projection to
complete the assessment of the proposed method of financing the redevelopment of the
Project Area. The Agency would like the base year value to be identified separately for the
Tustin portion of MCAS, the Irvine portion of MCAS, and the 52-acre territory contiguous to
Tustin MCAS. To accomplish this, KMA will aggregate the assessed value for the 52-acre
area and prepare a tax increment projection. (The value of this area was not addressed by
EPS.) KMA will then segregate the values of the Tustin and Irvine portions of the base using
values provided by EPS. This will require that we receive the base year values from EPS at a
parcel level so that we can resegregate this date.
Economic feasibility, for purposes of this analysis, is defined to be a comparative analysis of
anticipated costs for implementation of the redevelopment plan over the effective term of the plan
to the resulting projected revenues expected to be generated by the Project Area over the same
period of time. The analysis will also provide a discussion of potential redevelopment activities
and their associated costs, an evaluation of the general financing methods that could be available
to the Agency and the proposed tax increment revenue for the Project Area.
Product: ..................... Financial Feasibility Analysis, Description of Projects and Programs, and
Description of How Projects and Programs Proposed by the Agency Will Alleviate Blighting
Conditions. These sections will be included (as appropriate) in the Preliminary Report and
Report to Council.
C. MEETING ATTENDANCE
KMA will attend additional meetings during the adoption process on a time and material basis.
These meetings may include:
· Agency receipt of the Redevelopment Plan;
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Planning Commission repod and recommendation on the Redevelopment Plan
(if required);
City Council and Agency consent to the joint public hearing on the
Redevelopment Plan;
City Council/Agency Joint Public Hearing on the Redevelopment Plan;
Consultant with affected taxing agencies;
D. HOURLY RATES
Provided below is KMA's 2000 hourly fee schedule.
HOURLY FEE SCHEDULE
KEYSER MARSTON ASSOCIATES, INC.
2000
A. Jerry Keyser* $185.00
Managing Principals* $180:00
Principals* $165.00
Managers* $140.00
Senior Associates $125.00
Associates $110.00
Senior Analysts $ 95.00
Analysts $ 80.00
Technical Staff $ 67.50
Administrative Staff $ 52.50
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data
processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date. A charge of 1% per month will be added to all past due
accounts.
* Rates for individuals in these categories will be increased by 50% for time spent in
court testimony.
E. SCHEDULE
KMA proposes to complete the scope of services no later than July 18, 2001. Any necessary
extension of this time period, beyond the responsibility of KMA, will cause a change in the
scope of services and budget.
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PROPOSED BUDGET
MARINE CORPS AIR STATION-TUSTIN REDEVELOPMENT PROJECT
CITY OF TUSTIN
A. SEQUENTIAL TASKS AND DOCUMENT PREPARATION
1. Schedule Preparation $3,000
2. Preliminary Plan NA
3. ID of Taxing Agencies $500
4. 33327 Notices NA
5. Redevelopment Plan $500
6. OP Rules NA
7. Preliminary Report $8,000
8. Report to City Council $10,000
9. Resolutions and Ordinance $5,000
10. Joint Public Hearing Documents $2,000
11. Post Hearing Transmittals $1,000
B. TECHNICAL STUDIES
1. Field Survey and Database Mgmt
2. Blight Analysis
3. Financial Feasibility
C. /MEETING ATTENDANCE'S
(Estimate only; services to be billed on an hourly basis)
1. Public Hearing, Meetings and
Consultations
$30,000
$3,000
$6,000
$7,000
$16,000
$6,000
$6,000
SUBTOTAL
EXPENSES
$52,000
$5,000
GRAND TOTAL $57,000
EXHIBIT "B"
SCOPE OF SERVICES ANT) SPECIAL REQUIREMENTS
The Consultant shall perform the tasks related to processing a simplified plan amendment the for
the purpose of reestablishing eminent domain authority of the Tustin Community Redevelopment
Agency in the South Center Redevelopment Project Area. The services to be provided by the
Consultant shall follow the simplified procedure as outlined in Articles 3, 4 and 5 of the California
Redevelopment Law including, but not limited to the following:
o
Prepare Plan Adoption Schedule of Actions: Ascertain the Tustin City Council and
Redevelopment Agency and the Irvine City Council meeting and agenda deadline schedule and
develop a project schedule accordingly that will identify, tasks, time flame needed and the
person responsible for each task.
.
Conduct Field Work: Complete field work necessary to document conditions outside of the
Base pursuant to Section 33031 of California Redevelopment Law to determine if the condition
of the properties has changed since 1997, and update the economic blight analysis as
appropriate.
o
Prepare Financial Feasibility: Prepare tax increment projection for the area outside of the Base
to complete the assessment of the proposed method of financing the redevelopment of the
Project Area.
,
Prepare Necessary Documents: Prepare the text and/or rexdsions as may be appropriate to the
Preliminary Report and Report to the City Council and/or Redevelopment Agency pursuant to
Section 33352 of California Redevelopment Law, and related Resolutions, Notices and
Adoption Ordinance.
5. Prepare Updated Mailing List: Review and revise as appropriate taxing entity mailing list to be
used for mailing notices and information required by California Redevelopment Law.
o
Prepare Required Notices: Prepare notices required by California Redevelopment Law
including, but not limited to, the re-submission of the notice pursuant to Section 33327 of
California Redevelopment Law with revised base year for preparation of base year assessment
roll, and the published and mailed notice of joint public hearing(s) for property owners,
businesses, residents and persons, firms or corporations that have acquired property within the
Project Area.
.
Attend Joint Public Hearing(s): Attend and/or conduct and present information (if deemed
necessary by Agency staff) at the joint public heating(s).
o
Prepare Joint Public Hearing Documents and Follow-up: Draft script and outline for the joint
public hearing for the plan adoption for use by the Tustin and Irvine City Councils and prepare
follow-up correspondence as required by California Redevelopment Law.
Prepare Written Instructions and Sample Transmittals: Prepare written instructions, sample
transmittals and example copies of forms to be submitted to the state, city and county agencies
after the redevelopment project is adopted.
Agency's legal council and staff will prepare the resolutions and ordinance adopting the South
Central Redevelopment Project Plan Amendment and, except as provided above, Agency staff will
be responsible for all mailings and the preparation of an initial study and environmental documents
related to amending the Redevelopment Plan.
Other Special Requirements
1. The Consultant shall comply with all apphcable federal, state and local laws applicable to its
activities.
.
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 of the contract officer. All such information is
considered confidential. All inquiries made of Consultant shall be immediately referred to the
Contract Officer.
.
Consultant shall present to the Agency certificates of insurance and endorsement forms
verifying that the Consultant has the insurance as required by this Agreement. Said form shall
be submitted on the City of Tustin certificate of insurance form and reviewed and approved by
the office of the City Attorney. A certificate of insurance form is attached. .
4. If the Contract Officer determines that a product dehverable is unacceptable, the Consultant
shall submit a revised product at Consultant's expense.
o
Consultant shall utilize those professional staff members to perform services as identified in
Consultant's proposal. No substitution shall be made x~dthout the advance written approval of
the Contract Officer. No increase in compensation or reimbursable salary rates will be allowed
when personnel or firm substitutions are authorized by the Contract Officer.
6. The Consultant shall review and replace project personnel who do not perform assigned duties
in a manner satisfactory to Contract Officer when requested by Contract Officer.
°
Monthly progress reports shall be submitted by Consultant with billing requests. At minimum
these reports shall specify the period reported, tasks completed, tasks undem'ay, percent of
project completed and strategies to solve any timing delays.
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o
o
Consultant shall be required to meet with the Contract Officer and Executive Director as
determined necessary or desirable to discuss elements of the Scope of Work and project's
progress.
Field Investigation necessary. The Consultant shall obtain all necessary field data and make
site investigations and studies necessary to properly accomplish the work required under this
Agreement.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
Compensation
1. As compensation for the Consultant's services under this Agreement, the Agency shall pay the
Consultant a not-to-exceed fnxed amount of $57,000.00, including reimbursement for expenses.
Method of Payment
.
As a condition precedent to any payment to Consultant under this Agreement, Consultant shall
submit to the Agency a monthly invoice, which clearly sets forth each task required by the
Agreement, the tasks billed against, percent of completion, the actual hours worked on the task,
the hourly billing rate and personnel classification of individual(s) performing the task, and the
requested amount to be billed against each task.
Timing of Payment
o
The Agency 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.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Consultant shall attempt to complete the Scope of Services under this Agreement within six (6)
months of receipt of a Notice to Proceed.
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