Loading...
HomeMy WebLinkAboutCC 4 NO-SO RD. EIR 10-6-86G k]r~ ~ CONSENT CALENDAR i _ NO. DATE: SEPTEMBER 20, 1986 TO: FROM: SUBJECT: WILLIAm! HUSTON, CITY MANAGER DEPARTlqENT OF PUBLIC WORKS/ENGINEERING DIVISION NORTH-SOUTH ROAD (JAMBOREE ROAD) ENVIRONIqENTAL IIqPACT REPORT FILE #2199 RECOMMENDATION: For the City Council meeting of October 6, 1986. Approve and authorize the Mayor to execute two agreements pertaining to the preparation of the Environmental Impact Report for the North-South Road (Jamboree) between Irvine Boulevard and Chapman Avenue as follows: Agreement between The Irvine Company and City of Tustin designating the City as the administrator of the Consultant Services Agreement and providing reimbursement for same. 2. Consultant Services Agreement between L.S.A. and City of Tustin for preparation of EIR. BACKGROUND: The North-South Road (Jamboree) is an extension of Jamboree Road (formerly Myford Road) from Irvine Boulevard northerly to Chapman Avenue in the City of Orange. Both the City of Orange and Tustin have agreed that the City of Tustin should act as lead agency for the preparation of the Environmental Impact Report. The Irvine Company has previously requested the firm of L.S.A. of Newport Beach to Irepare a scope of work for the preparation of this Environmental Impact Report EIR} as well as propose a fee for consultant services to prepare this document. Additionally, The Irvine Company has made a committment to both the City of Orange and Tustin to fund the entire cost for said EIR as outlined in the L.S.A. scope of work/proposal. Coordination 'efforts have also been underway with the County of Orange Environmental Management Agency and have led to the deletion of the North-South Road Study from the Eastern Transportation Corridor Study currently,under~ay by the County. This.separation of studies will allow the road EIR to-proceed at an accelerated pace with certification planned for March, 1987. This would allow construction of the roadway to commence in April/May, 1987. These accelerated dates are a benefit to both Orange and Tustin. SEPTEMBER 20, 1986 PAGE TWO DISCUSSION: Attached, are two agreements as follows: An agreement between The Irvine Company and the City of Tustin to provide for the City to serve as the lead agency in the administration of the Consulting Services Agreement with L.S.A.-for the preparation of the EIR for the North-South Road (Jamboree) between Irvine Blvd. and Chapman Ave. The consultant fee is $74,900.00 for said work and The Irvine Company agrees to reimburse the City for said fee. e Consulting Services Agreement between the firm of L.S.A. and the City of Tustin to provide for the preparation of an Environmental Impact Report for the North-South Road (Jamboree) between Irvine Blvd. and Chapman Ave. for a fee of $74,900.00. Both of these agreements have been prepared by the City Attorney's office and are ready for City approval and execution by the Mayor. The execution of these agreements will not result in any direct City expenditure of funds, but only the routine staff time to coordinate and review the document. Bob Ledendecker Director of Public Works/City Engineer BL:jm Attachment CONSULTING SERVICES AGREEMENT THIS AGREEMENT, made and entered into, to be effective this day of , 1986, by and between CITY OF TUSTIN, hereinafter referred to as "City", and LSA, located at 610 Newport Center Drive, Suite 555, Newport Beach, California 92660, hereinafter referred to as "Consultant". WHEREAS, City and the City of Orange have previously agreed that the City shall act as Lead Agency for the preparation of an Environmental Impact Report ("EIR") for the Parallel North-South Road (Jamboree Road) located between Irvine Boulevard and Chapman Avenue; and WHEREAS, City desires consultant services in connection with the preparation of said EIR for the alignment of the Parallel North-South Road (Jamboree Road) located between Irvine Boulevard and Chapman Avenue; and WHEREAS, Consultant is qualified to provide the necessary services in connection with the preparation of said EIR, and has agreed to provide such services; and WHEREAS, Consultant has submitted to City a proposal, in- cluding a "Scope of Work", dated July 15, 1986, a copy of which is attached hereto as Exhibit "A", and is by this reference incorporated herein as though set forth in full hereat (herein- after referred to as the "Proposal"). NOW, THEREFORE, in consideration of the promises and mutual benefits which will result to the parties in carrying out the terms of this Agreement, City agrees to employ and does hereby employ Consultant to provide consulting services as follows: ~: Scooe of Consultant's Services. Consultant agrees to furnish to City necessary professional and technical services to accomplish those tasks outlined in the Proposal to provide consulting services for the preparation of an EIR on the Parallel North-South Road (Jamboree Road) between Irvine Boule- vard and Chapman Avenue. ~.~: Time for Completion. It is hereby understood and mutually agreed that the time for completion of the Report is an essential condition of this Agreement. Consultant shall com- plete all work on the Report to allow certification of said EIR by City no later than March, 1987. Consultant shall not be responsible for delays in progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Any delay shall not entitle Consultant to any additional compensation under any circumstances, regardless of the party responsible for the delay. ~_~: ~9~. Total compensation to be paid under this Agreement shall be in an amount not to exceed Seventy- four Thousand Nine Hundred Dollars and no/100 ($74,900.00). A. Consultant shall submit monthly statements requesting payment for those items included in the Proposal. Such request shall be based upon the amount and value of the work and services performed by Consultant under this Agreement and shall be pre- pared by Consultant and accompanied by such supporting data including a detailed breakdwon of all costs incurred and tasks performed during the period covered by the statement, 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 City determines that the work under this Agreement or any specified task hereunder is incomplete, the amount or payment is in excess of the amount considered by City's Consultant to be adequate for the protection of City, he may, at his discretion, retain an amount not to exceed ten Percent (10%) of such payment request. B. Upon satisfactory completion by Consultant of the work called for under the terms of this Agreement, and upon acceptance of such work by City, Consultant will be paid the unpaid balance of any money due for such work, including any retained percent- ages 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 exe- cute 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 from the operation of the release in stated amounts'to be set forth therein. A. Any subcontractors, outside associates or subconsul- rants required by Consultant in connection with the services covered by this Agreement will be limited to such individuals or firms as are specifically approved by City during the performance of this Agreement. Any substitution in such subcontractors, associates or subconsultants will be subject to the prior written approval of City. B. It is expressly understood that in the event Consultant does require expertise in other fields, no portion of the work shall be assigned or subcontracted without the prior written approval of City. ~9_~: ~1~k~_9~. In the event of a change in the scope of the EIR, requested by City, the parties hereto shall execute an addendum to this Agreement, setting forth with par- ticularity all terms of the new Agreement, including but not limited to any additional Consultant's fees. ~: ~. Consultant shall perform all services required under this Agreement in a careful, diligent and professional manner and shall be responsible for all errors and omissions in connection with the services performed by Consultant under the terms of this Agreement, and Consultant shall defend, indemnify and save harmless City and its officers and employees thereof from all claims, suits, or other actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from the services rendered under this Agreement; or resulting on account of any passive or active negligent act or omission by City, its of- ficers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of City and its officers, employees and agents. The defense in indemnification by Consultant shall in- clude all costs and expenses, including attorneys' fees, incurred by City or its employees, officers or agents with respect to such claim, suits or actions of every name. Consultant shall, if re- quested by City, defend any litigation arising out of such claim at the sole cost and expense of Consultant. In addition to any remedy authorized by law, so much of the money due Consultant under and by virtue of this Agreement as shall be considered necessary, in the sole discretion of City, may be retained by City until disposition has been made of such claim or claims for damages as aforesaid. ~: ~. Consultant shall cause to be placed into force and effect the insurance with limits of lia- bility approved by City described in the Insurance Schedule attached hereto as Exhibit "B" and incorporated herein by this reference, and shall maintain such policies of insurance in full force and effect during the term of this Agreement, pay the premiums thereon, and provide City with the original policies of insurance or a certificate of an insurance company showing the issuance of such insurance. Said insurance coverage, excepting Worker's Compensation Insurance, shall name City, its officers, agents and employees as additional named insureds thereon. · ~9~7~: Independent Contractor. The legal relation- ship between the parties hereto is that of an independent con- tractor and nothing herein shall be deemed to make Consultant and/or any of its agents, servants or employees an employee or agent of City. ~.~]~: ~. City, by notifying Consultant in writing, shall have the right to terminate any and all of the services and work covered by this Agreement at any time. ~: Ownership of Documents. The Report shall become the property of City. Upon termination or completion of the work under this Agreement, Consultant agrees to furnish to City copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement which City requests. ~: ~. Consultant certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discri- minate 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 re- garding nondiscrimination in employment; and it agrees to demon- strate positively and agressively the principles of equal oppor~ tunity in employment. ~gg~-' Attorneys' Fees. If any action 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 necessary disbursements in addition to any other relief to which he may be entitled. ~: ~ Both City and Consultant do cove- nant that each individual executing this document by and on behalf of each party is a person duly authorized to execute contracts for that party. · ~J~k/~: Bindinq Aqreement. 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 with respect to the parties hereto. IN WITNESS WHEREOF, this Agreement has been executed in the name of City, by its officers thereunto duly authorized, and Consultant as of the day and year first above written. ¢ITI OF IIISTIN ATTEST: By Mayor City Clerk APPROV~ AS TO FOPS: James G. Rourke City Attorney JGR :SDA :cj :D: 09/08/86(42) LSA By Les Card, P.E. Pr i nci pal scoPE OF WORK FOR PREPARATION OF AN ~NVIRONME)KFAL IHPACT REPORT ON THE PARALLEl NORTH-SOUTH ROAD: IRVINE.BOULEVARD TO CHAPMAN AVENUE ZNrFRODUCT! ON LSA is pleased to submit this scope of work to prepare an Environmental Impact Report for the preferred alignment, of the North-South Arterial Road which had previously been a part of the Eastern Transportation Corridor Route Location Studies. The North-South Road to be assessed in this construction level document extends between Irvine Boulevard and Chapman Avenue at the Irvine Regional Park Entrance. The EIR will also discuss the roadway's relationship to the northerly extension of the road near 1trine Regional Park. LSA will be ~Jsponsible for preparing the environmental documents and all related coordination/meeting tasks. The Principal-in-Charge of the project is Mr. Les Card, P.E.. Ms. Ashley Davis will serve as Project Man- ager and will be assisted by other LSA staff, as necessary. Mestre Greve Associates will be a member of our team to provide 'noise and air quality analyses. GENERAL APPROACH AND OB,.1ECTZVES The North-South Road EIR will address the project issues in sufficient detail to provide adequate documentation for construction approval by the cities of Tustin and'.Orange. In addition, any implications of this project on the northerly extension of the road will be addressed, and the relation- ship to the Eastern Transportation Corridor will be documented. The EIR will be prepared in a level of detail and with the content and format which meets all requirements of CEQA and the State CEQA Guidelines, as most recently interpreted by the courts, the legislature and the Resources Agency. The City of Tustin will be the lead agency for preparation and certification of the EIR. Lead agencies hav. e.the ultimate responsibility for preparation of the EIR which will be certified as adequate. Responsible agencies include the City of Orange, County of Orange, and the City of 1trine. The EIR will incorporate pertinent issues of other transportation and land use planning studies related to the North-South Road. This includes review of anticipated project approvals and recent planning and policy deci- sions. Exhibit "A" Relevant planning documents which we have reviewed in preparation of this scope of work include: Upper Peters Canyon Specific Plan, East Tustin Specific Plan, Weir Canyon Park-Road Study, Peters Canyon Reservoir Regional Park EIR and Eastern Transportation Corridor Baseline Study. Other planning data which can be utilized includes information related to recent tentative tract map approvals in the 'City of Orange, and the Tustin Auto Center and Residential projects. A significant aspect and key issue of the North-South Road Study is its relationship to the ongoing Eastern Transportation Corridor Studies. Al- though the arterial roadway had originally been included in the scope of the Eastern Transportation Corridor, it is actually a separate and distinct pro- ject which need not preclude or conflict with any of the primary Corridor routes currently under consideration~ In addition, this segment of the North-South Road will be evaluated for it's relationship to the planned arterial roadway master planned to continue northerly to SR-gl.. This northern segment is still in a preliminary concep- tual stage and has mot been committed to at the same level of detail (e.g. through specific plan approvals) as the segment between Chapman Avenue and the I-S. ~e EIR will, however, discuss the implications of the preferred North-South Road alignment southerly of Chapman Avenue on the segment north- erly of realigned Santiago Canyon/Chapman Avenue. This discussion of such off-site i~acts will focus on whether the project alignment precludes any viable alternatives of a future northerly link. The EIR will also address the compatibility of the project with both the interim and ultimate align- ments of Santiago Canyon Road, Chapman Avenue and 1trine Regional Park en- trance. Considerable interaction with The Irvine Company, City of Orange, City of Tustin, and the County EMA is essential in this effort. We intend to prepare the EIR making maximum use of any existing tech- nical and environmental documentation relating to the study are~. The results of our research and information collection will provide a data base for the environmental studies associated with the Eastern Transportation Corridor. The project report currently in preparation by Boyle Engineering will serve as the basis for our analysis and identification Of the project study area. STOP[ OF SER¥IC[S ,' We have divided the scope of services into five tasks. The following sections further describe the responsibilities and products of each task. Task ~: Pro~ec~ Nana~ement This task involves an active project management role, including attend- ance at meetings, public hearings and coordination with agencies and inter- ested parties. The project management role provides a mechanism to ensure that the County and the citi.es of Tustin and Orange have an active and aqua] role in the EIR process. The City of [trine will also review the products of the EIR process,and their input will be incorporated. The involvement of all agencies is of pa~ticular importance to ensure that there is maximum coordin- ation and exchange of information regarding the ongoing Eastern Transporta- tion Corridor Studies. Task 2: Noticinq Noticing requirements as mandated by CEQA include the Notice of Prepar- ation (NOP), Notice of Completion, and Notice of Determination. LSA will assist the City of Tustin, acting as lead agency, in preparing and distri- buting these legal notices. A scoping meeting will be held for the EIR in order to solicit public input on the scope of the document. LSA project staff will organize and attend this meeting. Task 3: Screencheck The Screencheck EIR will be prepared for concurren~ review by The Irvine Company, the cities of Tustin and Orange and the County. The City of 1trine will also review and provide input on the documents. We will provide a Scr- eencheck document that is substantially complete, thereby reducing the amount of time required to complete the Draft EIR. The environmental issues to be included are described in more detail in a later section. T)$k 4: Draft EIR L- Following receipt of comments on the Screencheck EIR, LSA will make the necessary revisions ~nd compile a Draft EIR. The Draft EIR will be circu- lated for public review. .LSA will prepare the responses to all comments received on the EIR during the review period. We will closely coordinate our responses with both The 1trine Company, the cities of Tustin and Orange and the County. The City of Irvine's input regarding responses will also be incorporated. For scheduling and budget esti~nates we have assumed concurrent review by these agencies. Comments and responses will be compiled and forwarded with the Draft EZR to the Planning Commission and City Council of Tustin for formal public 3 hearings and review. The cities of Orange and Irvine, and the County of Orange are also anticipated to review and consider the adequacy of the EIR prior to their approval of any discretionary actions related to the project. As part of the project management task, we have assumed that the Principal- in-Charge and the Project Manager will attend two public hearings at the City of Tustin. In addition, at least one of the project management staff will attend two public hearings at each of the responsible agencies: the County of Orange, the City of Orange and the City of 1trine. Task 5: Final A Final E~R will be compiled which will incorporate any revisions re- quired by comments received, and a complete appendix containing all pertinent public records and data. SCOPE OF ~I~VlROHMENTAL ISSUES The following environmental issues will be analyzed in the EIR. The focus of the EIR will be determined based on an Initial Study to be prepared by the City of Tustin. This scope will then be modified, if necessary, for consistency with the Initial Study. These issues will pertain to the pre- ferred alignment as developed by Boyle Engineering through the preliminary engineering phase of the project. If alternatives in thA northern portion of the roadway are developed, they will be addressed in the alternatives section of the EIR. Mitigation measures for any significant impacts will be recommended in the appropriate issue sections. The document will analyze the relationship between the proposed project and any existing and pi.armed land uses in the project area. In particular, attention will be focused on the-compatibility of the arterial with the Eastern Transportation Corridor. The need for the north-south arterial with and without the Eastern Transportation Corridor will be documented in light of the recent adoption of specific plans by both cities (Tustin and Orange). As discussed under the general approach section, an analysis of the implica- tions to a future northerly extension of the arterial will also be completed. Traffic Bnd Circula%ion Traffic reports, previously prepared by Austin-Foust and Associates, will be analyzed and summarized in the EIR. In addition, a traffic report for the North-South Road may be prepared by a traffic consultant under sepa- 4 rate contract to the Irvine Company. The traffic section will include exist- ing and project local and regional circulation, and the project's relationship to other planned transportation improvements. Due to the timing of the north-south road, it may not be necessary to analyze conditions on the road with and without the construction of the Eastern Transportation Corri- dor. However, since questions about the interrelationship of the two pro- jects will undoubtedly arise from the public, we will extract applicable information from existing traffic studies to address this issue. 'Previously prepared geotechnical studies will be reviewed and incor- porated into the EIR. The summary shall identify any significant land form alterations, loss or exposure. A soils report, which will be prepared by a soils consultant under separate contract to The Irvine Company and will be provided to LSA, will be reviewed and summarized in the EIR. Potential hazards from major landslides, faulting, or other instabilities will be identified with respect to the engineering characteristics of soils. This section will address visual i~acts, including alteration of exist- ing terrain and landforms, visibility of man-made slopes and scenic view corridors. Both on-site and off-site visual impacts ~esutting from intro- duction of a new use will be discussed. These issues include light and glare (~uto~biles and roadway lighting) and visual compatibility with existing and planned communities. The analysis will include study of the lines of sight between existing development and the proposed roadway alignment to define the degree of visibility. Existing biological resources shall be fully documented by LSA and potential impacts described. We will rely on data contained in previous studies and will update and verify where we determine necessary: Based on our review of existing biological information, we have estimated that three days in the field confirming reported resources should be adequate. This section will also include a discussion of the status and value of agricul- tural land along the preferred alignment. This section will describe and evaluate the potential impacts associated with drainage, flooding, erosion and runoff. Both existing and future with project conditions will be described. Water quality issues will also be addressed in this section. ' Existing hydrological information will be re- viewed in consideration of the preferred alignment and preliminary engineer- ing constraints,as developed by Boyle Engineering. Cultural R~sources LSA will conduct a records search and review existing data to identify 'any significant archaeological, paleontological or historical resources. We will complement related cultural resource data by conducting field surveys where deemed necessary to assure complete coverage. In order to verify the present conditions of cultural resources, we have estimated that three days field work will be sufficient. Anticipated impacts will be described and recommendations for mitigation made. An air q~lit~ analysis will be prepared by Mestre Greve Associates utilizing the assumptions and conclusions of the North-South Road traffic report (assuming preparation) and the traffic report previously prepared by Austin-Foust and Associates. Current regional and local air quality condi- tions relating to major air pollution sources will be described. Local air quality conditions will be modeled using CALINE computer modeling techniques. Short-term (construction dust and emissions) and long-term, traffic gener- ated, ~mpacts of the ultimate project will be analyzed. Noi Se This section will summarize a noise study to be conducted by Mestre Greve Associates (MGA). The study will address noise impacts from the pro- ject on adjacent existing and proposed residential communities. Analysis of noise impacts will utilize the assumptions and conclusions of previous traf- fic reports. The analysis will identify projected CNEL contour lines result- ing from both the interim and ultimate conditions. The effects of noise in canyon areas will also be addressed. MGA ~i21 also confirm noise measure- ments at sensitive receptor locations and analyze future conditions with and without the project for sensitive receptors. Public Services/Utilities The following utility and service agencies will be contacted to deter- mine existing capabilities and any potential impacts to operations: sewer/ wastewater, water, solid waste, electricity, natural gas, fire and police services, schools and libraries, and park/recreation departments. The EIR will ~aluate, as required by CEQA, the No Project Alternative. Since the proposed project is a preferred alternative, other alternatives which have been considered, in previous planning studies, or alternatives rejected in favor of the current project, will be discussed. Cumulative/$rowth-)nducinq ]moacts The section of the EIR will provide an assessment of the potential growth and cumulative effects which may occur as a result of implementing the project. The cumulative impacts of the project will be assessed in combina- tion with other known or expected developments. This section will quantita- tively and qualitatively address such growth inducing factors. M~nd~ted Elements All other C£QA-mandated topical issues will be discussed, including unavoidable adverse impacts; the relationship between local short-term use of the environment and the maintenance and enhancement of long-term produc- tivity; any significant irreversible environmental changes which would occur if the proposed project is implemented; and affects found not to be signifi- cant. LSA can meet the preliminary schedule outlined below, assuming authori- zation to proceed by July 1., 1986. LSA must also receive the final traffic analysis six weeks prior to submittal of the Screencheck EIR, i.e., receive traffic study by August 25. 7 ACTIOH Authorization to proceed with studies Agency review of preliminary alignment Initiate final engineering design Notice of preparation of EIR Screencheck EIR Circulate Draft EIR PS&E first 'review Response to [IR comments Public hearings/certification of Construction start DATE 7/86 8/86 7/86 9/86 11/86 1/87 1/87 z/87 3/B7 4/87 8 BUDGET We have developed a budget which reflects the complexity of the project, and a process requiring significant review coordination with respect to the Eastern Transportation Corridor Studies. Our objective has been to judge the analysis, coordination and review process sufficiently to develop a budget adequate for the entire process. However, significant changes in the project or the processing strategy will affect_the budget. We have made the follow- ing assumptions in developing the budget: · Copies of relevant' traffic reports-, previously prepared by Austin- Foust and Associates, will be provided to LSA. A traffic report for the project may also be prepared under separate contract to The Irvine Company. These reports will contain adequate information to assess the roadway. · A soils engineering report, prepared by a consultant under separate contract ~o The Irvine Company, will be provided to LSA. · The North-South roadway alignment should be compatible with, and not preclude, any of the viable Eastern Transportation Corridor alternatives.. Past experience has proven project management tasks difficult to budget. Significant time can be s~ent defining the project, strategizing processing options and additional meetings are often necessary. It is estimated that not to exceed budget of $74,900 billed on an hourly plus expenses basis will be adequate to accomplish the scope of services described in this proposal, including project management tasks. Table A is a detailed breakdown of costs, and Attachmen:.A contains LSA's hourly billing rates and standard contract provisions. 9 TABLE A PROJECT MANAGEMENT1 EIR A. LSA Labor Fees Screencheck EIR Draft EIR Response to Comments Final Notices $19,250 Be 26,200 7,500 3,900 2,850 1,950 Subtotal 42,400 Ce Subconsultants Mestre Greve Associates (noise and air quality} Subtotal 7,000 7,000 5,650 300 300 Expenses Printing (175 EIRs} Postage/Mileage/Delivery Graphics Materials Subtotal 6,250 Total $74.900 1Assumes, among other efforts, attendance by two project staff at one scoping meeting, two City of Tustin hearings and six other responsible agency hearings. $CH~DU~[ OF STANDARD CONTRACrT P~OV~$~ONS SCH~DDUL[ OF STANDARD CONTRACT PROVISIONS F[ES FOR PROF[SS[ONAL SERVICES Fixed-Fee Contracts. If 'a fixed-fee proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the Compensation and Terms section of the proposal. All other professional services are considered extra services. Extra services shall be provided on a time-and-expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. Hourly Contract. If an hourly-plus-expenses proposal, the professional services described in ihe Scope of Services section of the attached proposal shall be provided on a time basis at current hourly rates. Out-of-pocket expenses shall be reimbursed at cost and are not included in the hourly fee for profAssional services. Out-of-pocket expenses include but are not limited to cost~ of: 1) reproduction of reports and graphics furnished or prepared in connection with the work of the contract, 2} long distance telephone and telegraph charges, 3) laboratory services, 4} automo- bile travel at 25 cents per mile, 5)' other travel, Subsistence, vehicle rental and lodging in connection with the work of the contract and 6) fees of speci.~lized consultants retained with the approval of the client. The total estimated amount of time and expenses noted in the Compensa- tion and Terms section of this proposal will serve as a control on the ser- vices to be provided. The specified amount will not be exceeded without prior approval of the c~ient. FREQUENCY OF BILLING Monthly invoices shall be submitted for progress p~yment based upon work completed to date. Out-of-pocket expenses shall be billed on the same monthly invoice and sh~ll be identified as a separate item. PAYM~lfT OF ACCOUNTS ? ? Accounts are due and payable upon receipt of invoice. A service charge of 1-1/2% of the invoice amount (18% annual rate} may be applied to all accounts not paid within 30 days of invoice date. TERM)NATION OF $~V'ICE$ These services may be terminated upon ten days written notice, for good reason, by either party. In this event, payment for all services and ex- penses incurred prior to the date of termination shall be due and payable upon receipt of final invoice in accordance with the provisions of the fore- going section.. , RE-~OCAT~ ON The proposal to which this'Schedule of Standard Contract Provisions is attached shall be considered revoked if acceptance is not received within 90 days of the date thereof. ARBITRATION Any controversy or claim arising o~rt of or relating to this contract, or the breach thereof, ~hall be settled by arbitration in Newport Beach, Cal- ifornia, in accordance with the rules of the American Arbitration Associa- tion, and judgment u~on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. AND ASS~BNS It is mutually understood anU a!Fr~ed that this agreement shall .be bind- ing upon the client and its suc:essors and assigns and upon LSA/Larry Seeman Associates, Inc. and its suc:essors and assigns. Neither party shall assign or transfer its interest in this agreement or any part hereof without the writtan consent of the other party. HOURLY BI~LING RATE5 OULY 1, 19B6 Job Classification Principal , Associate/Project Manager Assistant Project Manager Principal Investigator/Project Scientist Environmental Ana)yst/kssistant Planner/ A~sistant Engineer Field Director (Archaeology/Paleontology) Graphics Technician Word Processing Field Crew/Office A~sistant Hourly R~e1 5B0-100 555-70 545-50 $40-45 $30 ~30-40 $15-25 1The hourly rate for work involving actual expenses in court, giving depositions or similar ex~ert testimony, will be billed at 5150 per hour regardless of job classification. Preparation leading to such testimony, however, is at the ~ormal hourly rate. ?NSURAI~E S~HEDULE Type of Policy __ General Liability Bodily Injury Expi ratX on L~mits Date 1,000,000 9/3Q/8~ Property Damage Automobile 500,000 9/30/86 , __ Excess Liability 2,000,000 9/30/86 Workers Compensation Statutory Professional Liability 8/14/87 1,000,000 9/24/86 Additional Instructions: City NAmed as Additional NAmed Insured & Certificate Holder Required Days Notice of Cancellation ~O yes 10 10 yes 10 yes 10 ¥~s 10 yes 10 Date: JAMES G. RO~RKE City Attorney THIS AGREEMENT is made and entered into, to be effective, this day of , 1986, by and between CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and THE IRVINE COMPANY, a Michigan corporation, herein- after referred to as "Company", as follows: WHEREAS, the City and Company desire to have a Environmental Impact Report ("EIR") prepared to address the Parallel North- South (Jamboree Road) located between Irvine Boulevard and Chapman Avenue relative to a portion of the Company properties located in City; and WHEREAS, City has entered into an agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, with ~.$A (hereinafter referred to as "Consultant"), for the preparation of said EIR, 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 Seventy- four Thousand Nine Hundred Dollars and no/100 ($74,900.00) (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 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, Seventy-four Thousand Nine Hundred Dol- lars and no/100 ($74,900.00). City agrees that the total liability of Company which may arise from this Agreement shall not exceed Seventy-four Thousand Nine Hundred Dollars and no/100 ($74,900.00). Company shall not be obligated to pay for any increase in the scope of the con- sulting 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 obligations, City may take any and all actions it deems appropriate to insure performance by the Consultant, including discharge of the Consul- tant. 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 ATTEST: By. Mayor City Clerk APPROVED AS TO FORM: Ci~-)Attorney THE IRVINE COMPANX, a Michigan Corporation By SDA :cj :D: 09/10/86(42A) By