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HomeMy WebLinkAboutNB 1 SUPPMT'L EIR 08-04-86TO: FROM: SU BJ ECT: WILLIAH A. IJUSTON, CITY MANAGER COI~UNITY DEVELOPMENT DEPARTHENT EXECUTION OF AGREEMENTS FOR PREPARATION OF SUPPLFJqENTAL ENVlRONHENTAL IMPACT REPORT/EAST TUSTIN DEVELOPMENT AGREF~ENT RECOI~qENDED ACTION: That Council authorize the Mayor to execute contracts and agreements necessary for the firm of Michael Brandman Associates, Inc. to prepare the subject Supplemental Environmental Impact Report. BACKGROUND & DISCUSSION: Based upon the review of a proposed development agreement between the City of Tusttn and The Irvine Company concerning development of the East Tusttn Specific Plan area, it has been determined that a Supplemental Environmental Impact Report (SEIR) is required pursuant to the California Environmental Quality Act. For the preparation of the SEIR, the firm of Michael Brandman Associates has been selected. Additionally, an agreement between the City, The Irvine Company and Michael Brandman has been reached concerning funding of the project. Accordingly, it is recommended that the Council review the attached agreements and authorize the Mayor to execute the same. ROB q)AL~ ,~~ PLANNING CONSULTANT JD:do THIS AGREEMENT is made and entered into, to be effective, this __ day of , 1986, by and between CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and THE IRVINE COMPANY, a Michigan corporation, herein- after referred to as "Company", as follows: WHEREAS, the City and Company desire to have a Supplemental Environmental Impact Report ("SEIR") prepared to address the East Tustin Specific Plan Developm%nt Agreement relative to a portion of the Company properties located in City; and WHEREAS, City has entered into an agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, with MICHAEL BRANDMAN ASSOCIATES INC. (hereinafter referred to as "Consultant"), for the preparation of an SEIR for land of Company located in City, which is hereinafter referred to as the "Consulting Agreement"; and' WHEREAS, the Consulting Agreement obligates Consultant to perform the services described therein for total fees of Thirty- one Thousand Seven Hundred Seventy-five Dollars and no/100 ($31,775.00) (hereinafter referred to as the "Fee"); and WHEREAS, in recognition of the value to the Company of the services prescribed in the Consulting Agreement to be performed by Consultant, the Company is willing to pay the Fee to City, provided that the terms and conditions of this Agreement are complied with and performed. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: ~: Company shall advise and assist City in over- seeing and directing the performance of Consultant in accordance with the terms of the Consulting Agreement, and Company shall not control or supervise any such performance. In the event that the Consultant fails to fully perform the terms of the Consulting Agreement, City shall not thereafter be authorized to pay the defaulting Consultant until such failure has been corrected to the satisfaction of the City or until City, in the reasonable exercise of its judgment, determines that City is legally obli- gated to make such payments. ~: Immediately upon receipt, City shall deliver to Company one (1) copy of every report and reproducable graphic produced in conjunction with the performance of the Consulting 1 Agreement, and shall make available to Company, upon its reason- able request, any and all materials, reports, letters, maps, schedules and graphics produced by or under the direction of Consultant in the course of performance of the Consulting Agree- ment. ~: Company shall reimburse City for all of the fees and costs of the consulting services described in the Con- sulting Agreement. Company shall deliver to City for deposit with the City Treasurer, Thirty-one Thousand Seven Hundred Seventy-five Dollars and no/100 ($31,775.00). City agrees that the total liability of Company which may arise from this Agreement shall not exceed Thirty-one Thousand Seven Hundred Seventy-five Dollars and no/100 ($31,775.00). Com- pany shall not be obligated to pay for any increase in the scope of the consulting services described in the Consulting Agreement, unless the increase in the scope of work is approved by Company in writing, in advance. If City, in its judgment, determines that the Consultant is not fulfilling its contractual obliga- tions, City may take any and all actions it deems appropriate to insure performance by the Consultant, including discharge of the Consultant. In the event City, in the exercise of its reasonable judgment, determines that Consultant is not performing its duties as prescribed by the Consulting Agreement, City may withhold payment to the Consultant. In such event, City shall advise Company of such fact, and the aforesaid payments to be made by Company shall be deferred in an amount comensurate with the withheld payment or payments. The employment of any replacement consultant shall be upon written agreement between City and Company. ~: City agrees to use all monies paid by Company pursuant to this Agreement, toward payment of the Consultant in satisfaction of City's obligation stated in the Consulting Agree- ment. ~: Any Company funds delivered to City but not utilized in satisfaction of City's obligations as set forth in Section 4 above, shall be promptly paid by City to Company. ~: Company and City may terminate this Agreement upon mutual written consent to termination. In the event of such termination, Company shall immediately reimburse City for the cost of all work completed by Consultant as of the date of termi- nation. ~: If either party files an action to enforce or interpret the terms of this Agreement, the non-prevailing party agrees to pay to the prevailing party, its reasonable attorneys' fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TUSTIN, a Municipal Corporation By. Mayor ATTEST: City Clerk APPROVED AS TO FORM: ~i tyf~t t or ney THE IRVINE COMPANY, a Michigan Corporation By. By. SDA :cj :D: 07/22/86 (8A) PROFESSIONAL SHRVICES AGREEMENT THIS AGREEMENT, made and entered into, to be effective this day of , 1986, by and between the CITY OF TUSTIN (hereinafter referred to as "City"), and MICHAEL BRANDMAN ASSOCIATES, INC., located at 3140 Red Hill Avenue, Suite 200, Costa Mesa, CA 92626 (for purposes of this Agreement, hereinafter referred to as "Consultant"). WHEREAS, City desires to employ Consultant to prepare a Supplemental Environmental Impact Report to address the East Tustin Specific Plan Development Agreement (hereinafter sometimes referred to as the "SEIR"); and WHEREAS, Consultant is qualified to provide the necessary services in connection with the preparation of the SEIR; and WHEREAS, Consultant has submitted to City a Scope of Work and a Schedule for Completion of Specific Tasks of the SEIR, a copy of which is attached hereto and marked Exhibit "A" and is by this reference incorporated herein as though fully set forth in full hereof (hereinafter the "Scope of Work"). NOW, T~IEREFORE, City agrees to employ and does hereby employ Consultant to provide the necessary consulting services for the SEIR, and City and Consultant, for the consideration hereinafter set forth, agree as follows: ~_C~- Scope of Consultant's Services. Consultant agrees to furnish necessary professional and technical services to accomplish those tasks outlined in the Scope of Work, attached hereto as Exhibit "A", including gener- ally, but not limited to, preparation and distribution of a Notice of Preparation, Draft Screencheck EIR, Draft SEIR, Written Findings, Supporting Statements of Fact and Overriding Considera- tions, and Final SEIR. ~_C~- Time for Com~_letion. It is hereby understood and mutually agreed that the time for completion of said consulting services is an essential condi- tion of this Agreement. Consultant agrees that it shall prose- cute regularly and diligently the work of this Agreement, and shall complete said work, no later than October 10, 1986, in accordance with the Schedule set forth in the Scope of Work, attached hereto as Exhibit "A". Consultant shall not be respon- sible for delays in the progress of its work caused by any condi- tion beyond its control and 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. The total compensation to be paid to Consultant by City under this Agreement shall be an amount not to exceed Thirty-one Thousand Seven Hundred Seventy-five Dollars and no/100 ($31,775.00), as set forth more specifically in the Scope of Work, attached hereto as Exhibit "A". axiomS. A. Consultant shall submit monthly invoices to City based on the services provided during the preceding month. Such in- voices shall be based upon the amount and value of the work and services performed by Consultant under this Agreement and shall be prepared by Consultant and accompanied by such supporting data, including a detailed breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by City. Upon approval of such payment request by City, payment shall be made to Consultant as soon as practicable of one hundred percent (100%) of the invoiced amount; provided, however, that if the City determines that the work under this Agreement or any specified task hereunder is incomplete and that the amount of payment is in excess of the amount considered by City's City Manager to be adequate for the protection of City, he may, at his discretion, retain an amount not to exceed ten per- cent (10%) of such payment request. B. Upon satisfactory completion by Consultant of the work called for under the terms of this Agreement, Consultant will be paid the unpaid balance of any money due for such work, including any retained percentages, relating to this portion of the work. C. Upon satisfactory completion of the work~performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agree- ment, and as a condition precedent thereto, Consultant shall execute and deliver to City a release of all claims against City arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by Consultant upon the operation of the release in stated amounts to be set forth therein. In the event of a change in the scope of the proposed ser- vices, requested by City, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional Consultant's fees. ~: Independent Contractor. The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make Consultant an employee of City. This Agreement may terminate upon mutual agreement or it may be terminated by either party by giving ten (10) days' written notice of said party's intention to terminate the Agreement. Notice of termination shall be mailed to City at: Tustin City Hall 300 Centennial Way Tustin, CA 92680 and to Consultant at: Michael Brandman Associates, Inc. 3140 Red Hill Avenue Suite 200 Costa Mesa, CA 92626 ~: Ownership of Documents. The documents and materials for the SEIR shall become the property of City upon termination or completion of the work. Consultant agrees to furnish to City copies of all memoranda, correspondence, computation and materials in its files pertaining to the work described in this Agreement which the City requests. Consultant certifies by the execution of the Agreement that it pays employees not less than the minimum wages defined by law, and it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimintaion of employment; and that it agrees to demonstrate positively and agressively the principle of equal opportunity in employment. Both the City and Consultant do covenant that each indi- vidual executing this document by and on behalf of each party is a person duly authorized to execute contracts for that party. ~: AttorneYs' Fees. If any section at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and neces- sary disbursements in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, this Agreement was executed by the parties the date and year first above written. CITY OF TI]STIN By. Mayor ATTEST: City Clerk MICHAEL BRANDMAN ASSOCIATES, INC. SDA:cj :D:07/22/86(8) By By Michael Brandman Associates July 1, 1986 Environmental Research · Planning and Processing · Resource Managemem Mr. Ed Knight Senior Planner City of Tustin 300 Centennial Way Tustin, CA 92680 Subjeet: Proposal and Fee Estimate for Preparation of a Supplement to EIR 85-2 to Address the East Tustin Specific Plan Development Agreement Dear Mr. Knight: Miehael Brandman Assoeiates, Ine. (MBA) is pleased to submit this proposal and fee estimate for preparation of a supplemental EIR (SEIR) to address the East Tustin Specific Plan Development Agreement. MBA's involvement in the preparation of EIR 85-2 will allow us to prepare the SEIR in an expedient and eost-effeetive manner. SCOPE OF WORK The seope of work is based upon a review of the preliminary draft development agreement and outlines the tasks needed for preparation and certification of a final SEIR. This scope is preliminary in nature and could be modified through the seoping process and/or in response to comments received on the Notice of Preparation of an SEIR. Task A: Review Develot~ment Agreement and Prepare Notice of Preparation NOP MBA will review the Development Agreement as a basis for preparing the NOP and prepare the NOP for distribution by the city via certified mail. Task B: Prepare Sereeneheek SI?AR It is antieipated that the following primary issues will be addressed in the SEIR: 1. Traffic and Circulation 2. Noise 3. Air Quality 4. Public Serviees and Utilities The SEIR will also inelude an introduetion, project description, summary and an analysis of cumulative impacts. We expect that infrastructure data will be provided by a civil engineer under separate contract to The Irvine Company. Traffic data will be provided by Austin Faust Associates under contract to MBA. 3140 Red Hill Avenue, Suite 200, Costa Mesa, CA 92626, (714) 641-8042 Mr. Ed Knight July 1, 1986 Page Two Task C: Prepare Draft SRIR - Based upon comments received from the City of Tustin and The Irvine Company on the screencheck draft SEIR, MBA will prepare and distribute the draft SEIR (DSEIR). We have assumed a 30-day DSEIR public review period. It is anticipated that the distribution of the DSEIR will be as extensive as that of EIR 85-2. Task D: Prepare F~A1 SRI~ - MBA will prepare written responses to all substantive comments received on the draft SEIR and assist city staff in the preparation of the final SEIR documentation. In light of the substantial public/agency interest in the project, it is anticipated that there may be a significant number of comments on the SDEIR. The extent of the MBA work effort for this task will ultimately depend on the number and nature of comments received; however, MBA has allocated the following staff hours to this task: Principal ($100/hr)- 8 Senior Project Manager (55/hr) - 30 Research Analyst ( 35/hr)- 35 Word Processor ( 35/hr)- 10 Clerical ( 5/hr)- 10 To the extent that the actual work effort is greater or less than this, the budget would be adjusted accordingly. Task lC- Prepare Findi~ - MBA will draft written findings, supporting statements of facts and overriding considerations for the final SEIR certification. MBA staff hours allocated to this task equal 25 percent of the respective hours delineated above for responses to comments. Task F: Attend Public Meetin[~ and Hearings - MBA has budgeted for up to four public meetings/hearings at 2.5 hours each; MBA principal and senior project manager will attend each. Task G-' General Coordnatien and Meetings - In addition to the general coordination and meeting time that will be needed to complete Tasks E and F, MBA has provided additional coordination time for the overall work effort. SCHEDULE The following schedule assumes a July 2, 1988 NOP distribution date. Date Milestone July 2, 1986 August 4, 1986 August 8, 1986 NOP sent out NOP period ends (30 day review) Submit screencheek draft SEIR (DSEIR) Mr. Ed Knight July 1, 1986 Page Three August 15, 1986 Receive city, TIC comments on screencheck DSEIR Submit DSEIR to city for public distribution Public review period ends (30 day review) Submit response to comments on DSEIR August 22, 1986 September 24, 1986 October 10, 1986 E~T]MATED FEE5 Estimated fees for completion of the supplemental EIR as described herein are summarized below. Labor Review Development Agreement/Prepare NOP Prepare Screencheck Draft SEIR Prepare Draft SEIR Prepare Final SEIR Prepare Findings Attend Public Meetings and Hearings General Coordination and Meetings $1,500.00 9 100.00 i 575.00 4 275.00 1 000.00 1 550.00 i 125.00 Task A: Task B: Task C: Task D: Task E: Task F: Task G: Labor Fee $20,125.00 Direct Costs Austin Faust Associates (traffic consultant) $5,750.00 25 Copies of sereeneheek SEIR at 200 pages 700.00 135 Copies of DSEIR at 300 pages 4,050.00 20 Copies of Draft Response to Comments at 100 Pages 220.00 50 Copies of Revised Response to Comments at 100 Pages 600.00 Graphics Material/photo reproduction 125.00 In-House Photocopying 45.00 Delivery/Courier Service 100.00 Mileage, Telephone, Miscellaneous 60.00 Direct Costs $11,650.00 (Includes 15% Administrative Fee) Total Estimated Fee $31,?75.00 Mr. Ed Knight July 1, 1986 Page Four T]iRM~ MBA will submit monthly invoices for all work conducted on this project in accordance with the attached Schedule of Fees. Invoices are payable upon receipt, unless otherwise agreed in advance, and are considered past due after 30 days. Past due invoices are charged a finance rate of 1.5 percent per month or the highest rate allowed by law. Should the scope of work described herein change to an extent that would alter our fees, we will contact you before proceeding with additional work. Written change orders will be submitted for any verbal scope changes that may be authorized to maintain the project schedule. We look forward to working with you on this challenging assignment. Should you have any questions or requires additional information, please do not hesitate to call. Respectfully submitted, Thomas E. Smith, Jr., Principal TES/fa/r ce: Rick Cermak Your signature below will serve as authorization to proceed with the work program described above. City of Tustin Date