HomeMy WebLinkAbout12 COMM RAIL FEE PROG 11-04-96AGENDA
NO. 12
11-4-96
DATE: NOVEMBER 4, 1996
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT
PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPMENT OF A
COM]WbvI]~R RAIL STATION FEE PROGRAM
RECOMMENDATION
It is recommended that the City Council approve a Professional Services Agreement with W'flldan Associates for an
amount not to exceed $29,983.00 to develop a Commuter Rail Fee Program, and authorize execution of the agreemem
by the Mayor and City Clerk, subject to the City Attorney's approval as to form.
FISCAL IMPACT
The Irvine Company, as a condition of approval of the Lower Peters Canyon Specific Plan, was required to deposit
$30,000 with the City for the preparation of a Commuter Rail Fee Program. The lavine Company has made the
required deposit and it will be used to fund this project.
DISCUSSION
The Tustin Commuter Rail Station is one of five new stations identified in the Orange County Transportation
Authority's Long Range Transit Systems Plan and Development Strategy adopted in 1991. The project includes the.
development and implementation of a new commuter rail station, including a parking lot facility, located on a 3.67 acre
site near the northwest comer of Jamboree Road and Edinger Avenue. It consists of the acquisition of 3.67 acres of
private land and construction of a 300 space parking lot, double platforms, a pedestrian overcrossing and related
station amenities. The parking lot facility will be operated and maintained by the City of Tustin, and the rail facilities
will be operated by the Southern California Regional Rail Authority (SCRRA).
The current cost estimate for the project is $5.987 million. Approximately 60 percent of the necessary project funding
has been secured from both State and local sources. OCTA and the City have agreed to use available funds to proceed
with property acquisition and project design.
As part of the funding mix for the Commuter Rail Station, the potemial to establish a fee program to ensure that new
development will pay a fair share to the project's total cost will be evaluated. The prOposed fee program will need to
comply with Government Code 66000 et seq. (AB 1600, Chapter 927, Statutes of 1987), which applies to developer
fees financing public facilities. Specifically, the fee program must identify the purpose of the fee and what the fees will
be used for. The fee program must also specify the nexus between the development projects (including projects
outside the Tustin City limits) subject to the fee and the Tustin Commuter Rail Station. The City's intent is that
environmental mitigation for future development projects will include fair share participation in the funding of the
Tustin Commuter ~ Station. The program shall establish guidelines for payment, accounting, and reimbursement (if
necessary) of the proposed fee.
Staff requested proposals fi.om 16 consulting finns that had previously been involved in this type of work and received
proposals fi.om the following 5 firms:
lo
2.
3.
4.
5.
Sharon Green and Associates
Willdan Associates
Meyer, Mohaddes Assodates, Inc.
IBI Group
Kimberly - Horn and Associates
The proposals were reviewed by staff' fi.om the City Manager's Office, the Public Works Department and the
Community Development Department; and were evaluated based on experience with work on this nature, the
proposed work plan and their management approach. Based upon the evaluation, Sharon Greene and Associates was
selected as the rum most qualified to complete the project. However, during negotiations concerning the scope of
work, a final fee for professional services could not be agreed upon and by mutual consent the City entered into
negotiations with the second ranked firm of W~dldan Associates. ·
The consulting services to be provided include the following.'-
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Determination of the project's area of benefit
Determination of a fair share of the project's total cost attributable to new development
Evaluation of the fiscal impact ofridership fi.om Riverside County.
Determination of the method of apportionment and appropriate fees
Preparation of a draft and final report
Preparation of a City Council resOlution for adopting a fee program
Coordination with the County. of Orange and City of Irvine, including preparation of a joint powers
agreement (if necessary) and/or draft resolutions for adoption of the Fee Program in benefit areas in each of
these jurisdictions.
Attendance at public hearings.
The negotiations with Willdan Associates were successful and they can complete the project with the City's budget.
The Consultant is fully qualified to provide the required services and has provided satisfactory service to the City in the
past.
Due to the length of the Consultant's proposal, it is. not attached to the agreement for the purposes of this report, but is
available in the Public Works Director's office for review.
TineD. Set]et '
Director of Public Works/City Engineer
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of .., 19_, by and between the CITY OF
TUSTIN, a municipal corporation (hereinat'ter referred to as "City") and Willdan Associates (hereinat'ter referred to as
"Consultant").
WITNESSETH:
WHEREAS', City desires to employ Consultant to furnish the necessary services for providing Commuter Rail
Station Fee Program hereinafter referred to as "Project"; and
WHEREAS, Consultant is qualified to provide the necessary services in connection with said Project and has
agreed to provide the necessary services; and
WHEREAS, Consultant has submitted to City a proposal dated April 8, 1996, a copy of the proposal is
attached hereto, marked as Exhibit "A" and is by this reference incorporated herein 'as though set forth in full herein
(the "Proposal").
NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to provide the professional
services for'the Project, and City and Consultant, for the consideration hereinafter set forth, agree as follows:
Section 1: Sco[}e o__f Consultant's Services. Consultant agrees to furnish to City consulting services for the
Project. These services shall include all the services solicited in the City's Request for Proposal dated April 8, 1996, a
copy of which is attached hereto, marked Exhibit "B", and all the services included within the Consultant's proposal,
(Extfibit "A").
'Section 2: Time for Completion. It is hereby understood and mutually agreed that the time for completion of
the work to be performed by Consultant is an essential condition of this agreement. Consultant agrees that it shall
prosecute regularly and diligently the work of this agreement according to reasonable schedules established by the City
for the 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 negligence of
Consultant. Any delays shall not entitle Consultant to any additional compensation, regardless, of the party responsible
for the delay.
.Section 3: Compensation. The compensation to be paid under this agreement shall be as set forth in the
Consultant's proposal with' a not to exceed total cost of $29, 983.00. Progress payments for work completed will be
paid as the work progresses, within thirty (30) days of the date of Consultant's invoice. These payments'will be based
upon submittal of detailed invoices and based upon the actual work performed for each individual task not exceeding
that provided in the consultant's proposal.
Section _4 Jo_._b.b Sit.~e Conditions~. The City agrees that in accordance with generally accepted construction
practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions
during the course of construction of this project, including safety of all persons and property and that this requirement
shall be made to apply continuously and not be limited to normal working hours.
_Section 5.' Miscellaneous Provisions.
City and Consultant agree to the following conditions:
(1) City, by notif~g Consultant in writing, shall have the right to terminate any or all of the services
covered by this agreement at any time. In the event of such termination, Consultant shall be paid for services rendered
to the effective date of the termination.
(2) Consultant agrees that it shall proceed immediately and diligently to perform the services provided
for in this Agreement upon receipt of notice from City to proceed therewith.
(3) The terms and provisions of this agreement shall extend to and be binding upon and inure to the
benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto.
(4) Consultant shall perform the services hereunder as an independent contractor and under no
circumstances or conditions shall Consultant or any of its agents, servants and employees, be considered as an
employee or agent of the City.
(5) 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 responsible for all errors and
omissions for services performed by Consultant under the terms of this Agreement. Consultant agrees to indemnify,
defend and hold City, its agents, employees, successors and assigns harmless from any loss, damage, injury, sickness,
death, or other claim made by other persons and from all costs, expenses and charges, including attomey's fees, arising
from Consultant's negligent performance of this agreement. In addition, Consultant shall maintain in full force and
effect during the term of this agreement policies of comprehensive general' liability, personal injury and liability
insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, and professional liability
insurance coverage with limits of at least $500,000 combined single limit coverage per claim or per occurrence for
which certificates of insurance or endorsements in form satisfactory to the City have heretofore been delivered to City.
If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to
purchase tail insurance inthe amount required by this agreement 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 carder in the amount requked by this agreement for at least five (5) years atter completion of
Consultant!s services under this agreement. The Consultant shall also be required to 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.
(6) Consultant shall carry and pay for such compensation insurance as is neces~ to fully protect
Consultant and its employees under California Worke?s Compensation Insurance and Safety Laws, to relieve City
from all responsibility under said laws in connection with the performance of this agreement, and upon execution of
this agreement, to file with City a certificate to said protection.
(7) 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:
a. 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..
(8) Consultant shall provide City monthly with a detailed itemization of all work performed, and the
fees accrued thereon, in complete and sufficient detail to fully apprise City thereof.
(9) 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 (1) 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.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above
written.
ATTEST:
CITY OF TUSTIN, a municipal corporation
Wdldan Associates
By
Mayor
(Signamre)
~ero
Vice president, Financial Management Services Group
(Name Printed/Title)
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
'Lois E. Jeffrey, City Attorney