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HomeMy WebLinkAboutOB 2 SAN JUAN CLOSURE 12-07-87TO: FROM: WILLIAM HUSTON, CITY MANAGER · PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: SAN JUAN STREET CLOSURE FEASIBILITY STUDY RECOMMENDATION That the Tustin City Council at their meeting of December 7, 1987 approve and authorize the Mayor to execute the Caltrans Agreement No. 3855; approve the selection of the consulting firm of Austin-Foust to perform the San Juan Street closure analysis; and approve the consultant agreement for said analysis subject to City Attorney and Caltran' s review/approval. BACKGROUND On September 8, 1987, the City Council authorized Staff to proceed with a traffic study to investigate the feasibility of vacating a portion of San Juan Street adjacent to Tustin High School and Lambert Elementary School subject to the cost of said study being borne by the requesting party, Caltrans. Caltrans has agreed to pay the cost of. said feasibility study and has prepared an agreement for execution by both the City and Caltrans. The City Attorney's.office has reviewed and approved a draft of this agreement. During the preparation of this agreement by Caltrans, Staff has solicited a proposal from the firm of Austin-Foust Associates, Inc. to perform the analysis of the impacts of closing a portion of San Juan Street between Red Hill and Newport avenues. Austin-Foust has responded to the City's request for proposal as outlined on the attached letter proposal dated September 23, 1987. This proposal meets all of the requests for desired work as outlined by Staff. DISCUSSION The attached agreement is submitted for the City Council's approval and execution by the Mayor. Once this agreement has been executed by Caltrans, Staff will finalize the consultant's agreement for execution by the Consultant and the City. It is further requested that the City Council approve the consulting firm of Austin-Foust Associates, Inc. to perform the analysis on the impacts of closing a portion of San Juan Street per the terms of their letter proposal dated September 23, 1987, and authorize the Mayor to execute a consultant's agreement subject to the final review/approval of the City Attorney and Caltrans. · Bob Ledendecker Director of Public Works/City Engineer PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and enter'ed into this day of , 1985, by and between CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City"); and AUSTIN-FOUST ASSOCIATES, INC., 1450 North Tustin Avenue, Suite 108, Santa Ana, California 92701 {hereinafter called "Consultant"}. WITNESSETFI: WHEREAS, City desires to employ Consultant to furnish the necessary coordination services for providing an analysis of the impacts of closing a portion of San Juan Street between Red Hill Avenue and Newport Avenue 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 traffic analysis services; and WHEREAS, Consultant has submitted to. City a letter proposal dated September 1987, a copy of which is attached hereto marked 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 for the professional services for the Project, and City and Consultant for the consideration hereinafter set forth agree as follows: Section _1: Scope of Consultant's Services. Consultant agrees to furnish to the City consulting services for the Project. These services shall include all of the traffic analyis services to be performed as directed by the City Engineer. 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 conditons of this Agreement. Consultant agrees that it shall prosecute regularly and diligently the work of this Agreement accordingly to reasonable schedules established by City for the various items of described. 1 Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control a'nd without the fault or negligence of Consultant. Any delays shall not entitle Consultant to any additional compensation under any circumstances, 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 Exhibit "A". Monthly payments for work completed will be paid as the work progresses. Section 4: Miscellaneous Provisions' A. City and Consultant further agree to the following conditions' (1) City, by notifying Consultant in writing, shall have the right to terminate any or all of the services and work covered by this Agreement at any time. (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 thereto. (4) Consull~ant shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Consultant and any of its agents, servants and employees, be considered as an emloyee or agent of the City. (5) Consultant shall perform all services required under this , Agreement in a careful, diligent, professional manner, and shall be responsible for all errors and omission~ for services performed by Consultant under the terms of this Agreement. Consultant, as a material part of the consideration of this Agreement, hereby waives, on its behalf and on behalf of all others claiming through Consultant, all~ claims and demands against City, its agents, employees, successors and assigns, for all loss, damage, injury, sickness or death of any person resulting from the negligent performance of this Agreement, and 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 arising therefrom. Consul- tant shall maintain in full force and effect during the term of this Agreement, its existing policies of insurance f6r which certificates of insurance have here- tofore been delivered to City. (6) 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, to relieve City from all responsibility under said laws in connection with the pe'rformance of this Agree- ment, and upon the execution of this. Agreement, to file with City a certificate . . certifying 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: (i) Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (8) Consultant shall provide City monthly with a detailed itemiza- tion of all work performed, and the fees accrued thereon, in complete and suffi- cient detail, to fully apprise City thereof. -3- IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municipal corporation ATTEST: By Mayor City C1 erk APPROVED AS TO FORM: City Attorney AUSTIN-FOUST ASSOCIATES, INC. By By -4- AUSTIN-FOUS1. ASSOCIA1.ES, INC. I TRAFFIC ENGINEERING AND TRANSPOR'I;ATION PLANNING September 23, 1987 Mr. Bob Ledendecker City of Tustin 300 Centennial Way Tustin, California 92680 1450 NORTH TUSTIN AVENUE, SUITE 108 SANTA ANA, CALIFORNIA 92701 TELEPHONE: (714) 667-0496 SUBJECT: SAN JUAN STREET CLOSURE Dear Bob: Austin-Foust Associates (AFA) is pleased to propose a scope of services for carrying out an analysis of the impacts of closing San Juan Street between Red Hill Avenue and Newport Avenue. The purpose of this study will be to analyze the implications of the current interest in closing the street so that the adjacent school properties could create a continuous campus area and thereby relinquish the land required for the I-5 widening program. The study will identify impacts related to intersection capacity, neighborhood accessibility, and any other circulation implications that would arise as a result of the proposed closure. The study will also identify any potential mitigation measures' that could be implemented to reduce the impacts of such a closure. The work items that will be carried out to perform this analysis are as follows: 1. Assemble Existine Data. Traffic counts for AM and peak hours will be carried out at the six major intersections surrounding this section of San Juan Street. Other information such as right-of-way widths, Caltrans improvement plans, and aerial photographs for the area in question will be obtained from the City. In addition, a limited thru traffic survey will be carried out for San Juan Street between Newport Avenue and Red Hill. License plates will be recorded at the entrance arid exit to the street during the AM and PM peak hours and a matching process carried out to determine the amount of thru traffic. The purpose of this will be to assist in understanding the type of traffic that is currently using San Juan Street (ie, local versus thru traffic). 2. Traffic Diversion Analysis. This part of the study will examine short range and long range effects of closing the street. Existing volumes will be adjusted to reflect the differences that will occur with the closure, and peak hour ICU comparisons will be made. For the long range, use will be made of the current Citywide traffic study volumes and a similar exercise will be carried out with respect to diversion from San Juan Street. 3. Accessibility Analysis. This part of the study will-focus on changes in accessibility for the neighborhood directly affected by the closure. The number of dwelling units that place Mr. Bob Ledendecker September 23, 1987 Page 2 traffic on the street will be measured and the amount of traffic diversion that would be required by residents will be estimated. The purpose of this analysis will be to show the amount of inconVenience that might be caused by such a closure. 4. Mitleation. M~l~#res. This task will identify any potential improvements that could offset the impacts of the street closure. Examples include enhancing the intersections between El Camino Real and Newport Avenue and E1 Camino Real and Red Hill Avenue. ICU's will be calculated based on such identified mitigation measures as may be 'deemed feasible. 5. Traffic Reoort and Me~tinlls. This final task will comprise the compilation of a traffic report discussing the work carried out above. Regular meetings will be held with City. of Tustin staff and workshops and/or presentations will be made with Council and/or Planning Commission as needed. Meetings will also be held as required with Caltrans and the school district. Our estimated cost for this work can be summarized as follows: Classific8~ion Hours/Rg~e Cost Principal Transportation Planning Assistant Transportation Analyst Sr. Technical Technical/Clerical 80 hours @ $75 $ 6,000 120 hours @ $35 4,200 80 hours @ $35 2,800 60 hours @ $38 2,280 100 hours @ $25 2,500 Fixed Costs (printing, reproduction, etc.) $ 1,000 Total $18,780 Thank you for the opportunity to assist the City in this important traffic analysis effort. Very truly yours, Terence W. Austin TWA/bgp 12-ORA-5 21.3/3 0.3 I-5 Widening Tustin Unified School District District Agreement No. 3855 07210 - 065481 This AGREEMENT, entered into on , 19 , is between the STATE OF CALIFORNIA, acting bY and through its Department of Transportation, referred to herein as STATE, and CITY OF TUSTIN a body politic and a municipal corporation of the State of California, referred to herein as CITY RECITALS 1. In order to mitigate the impacts to Tustin High School due to the right-of-way requirements of the widening project on Route 5 between Route 405 and Route 55, the STATE and CITY desire to conduct a feasibility study for vacating a portion of San Juan Street to replace the parking area and to provide a contiguous and increased school campus area utilizing the Lambert Elementary School. 2. STATE is prepared to authorize CITY to conduct a traffic study on the feasibility of vacating San Juan Street, referred to herein as "STUDY". · CITY desires to contract for the STUDY at the earliest possible date to avoid delays to the scheduling of the widening project on Route 5, referred to herein as "PROJECT". 4. The STUDY will be conducted and completed within 90 days from execution of the consultant contract, by the consultant, referred to herein as "CONSULTANT". 5. STATE and CITY do mutually desire to cooperate in the STUDY and desire to specify herein the terms and conditions under which the STUDY is to be conducted. -2- SECTION I STATE AGREES: 1. To deposit with CITY, within 30 days of execution of any consultant contract, 100% of the estimated cost of such contract, not to exceed $20,000. SECTION II CITY AGREES: 1. To obtain STATE's approval of any contract with a consultant for this STUDY, before said contract is executed by CITY. 2. To solicit, let and coordinate the consultant contract for the STUDY at CITY's expense. 3. To furnish STATE with written monthly progress reports during the period when the STUDY is being prepared. 4. To have the final documents of the STUDY prepared by or under the direction of engineers, registered and licensed in the applicable professional field in the State of California. Any report shall bear the professional seal, certificate number, registration classification, expiration date'of certificate, and signature of the professional engineer responsible for their preparation. .. --3-- 5. To submit signed itemized invoices monthly, in triplicate, with specific details of all costs incurred during the period of the invoice. Invoices will meet format and content requirements specified bY STATE. Each invoice shall be submitted to the State project Coordinator for approval and forwarding to the appropriate Accounting Office for payment. 6. To retain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and make such materials available at the respective offices of the CITY at all reasonable times during the contract period and for three years from the date of final payment under the contract. The STATE shall have access to any books, records, and documents of the CITY and its consultant that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. SECTION III IT IS MUTUALLY AGREED: 1. Ail obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the Legislature. -4- 2. The total cost reimbursement payable by STATE to CITY for the STUDY under this Agreement will not exceed $20,000, and will be subject to audit verification as to all elements of costs and fees charged. The total may be increased by amendment to this Agreement. Any STATE funds remaining on deposit with CITY for work by consultants shall be returned to STATE within 30 days after termination of consultant contract. 3. Actual cost reimbursed, direct and indirect, shall be in conformance with procedures set forth in the Cost Principles and Procedures, Chapter 1, Part 31, CFR 48. The CITY also agrees to comply with Federal procedures in accordance with Office of Management and Budget Circular A-102 Uniform Administration Requirements for Grants-in-Aid to STATE and Local Governments. · . 4. STATE shall designate a State Project Coordinator and CITY shall designate a representative through whom all communications between the two agencies shall be channeled. The State Project Coordinator shall review the work of CITY and its consultants, if any, during performance of STUDY work. -5- 5. Upon completion of all work under this Agreement, ownership and title .to all engineering reports, documents, plans, specifications, and estimates including estimates backups produced as part of this STUDY will automatically be vested in the STATE and no further agreement will be necessary to transfer ownership to the STATE. CITY, will furnish STATE all necessary copies of the STUDY and upon completion of will transfer all STUDY documents to STATE. 6. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties" not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any 'work, authority or jurisdiction delegated to the CITY under this Agreement. --6-- It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall defend, indemnify and save harmless the CITY from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement. 7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8. STATE reserves the right to terminate this Agreement upon written notice to CITY. At the time of termination, CITY will be paid for work accomplished and delivered in accordance with the terms of this Agreement, and for costs related to termination of any consultant contracts. All engineering documents, including raw data and drafts, prepared up to the time of termination shall become property of the STATE. -7- 9. This Agreement shall terminate upon completion and acceptance ~of the STUDY by STATE, or on March 31, 1988, whichever is earlier in time, unless all parties agree to an extension of time. STATE OF CALIFORNIA Department of Transportation LEO J. TROMBATORE Director of Transportation CITY OF TUSTIN By Mayor By KEITH E. MC KEAN District Director District 12 ATTEST: City Clerk APPROVED AS TO FORM AND PROCEDURE. APPROVED AS TO FORM: Attorney Department of Transportation City Attorney CERTIFIED AS TO FUNDS AND PROCEDURE: District Accounting Officer -8-