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HomeMy WebLinkAboutRDA TWN CTR EIR 10-19-87DATE: OCTOBER 19, 1987 REDEVELOPMENT AGENCY NO. 6 10-19-87 Inter- Corn TO: FROM: SUBJECT: WILLIAlq A. HUSTO#, EXECUTIVE DIRECTOR CO#NU#ITY DEVELOPNENT DEPARTNENT APPROVAL OF .COIISULTA~'r SERVICES FOR PREPARATION OF THE TOWN CENTER REDEVELOPlqENT PLA# NqE#DNENT EIR RECOI~ENDATION It is recommended that the Redevelopment Agency authorize the Executive Director to execute the attached consultant services agreement for preparation of the Town Center Redevelopment Plan Amendment EIR. BACKGROUND The Agency has a standing general services contract with the firm of Katz-Hollis Coren & Associates, Inc. to provide assistance and expertise on redevelopment matters on an as-needed basis. At the present time, Katz-Hollis is preparing an amendment to the Redevelpment Plan for the Town Center Redevelopment Project. In conjunction with this amendment, Katz-Hollis has determined that an EIR (or subsequent EIR) is necessary in order to comply with the provisions of CEQA. Appropriately, staff met with the firms of: Cotton/Beland Associates; Michael Brandman Associates; Phillips Brandt Reddtck; and the Planning Center to discuss the amendment and scope of work. ANALYSIS Staff reviewed the proposals submitted by three (3) of the four (4) firms (The Planning Center did not submit a proposal) and has determined that Michael Brandman Associates (MBA) is the most qualified firm to prepare the subject EIR, based on their experience,, the scope of work and level of detail provided in their proposal. Their proposal is quite detailed with a strong scope of work. They will be responsible for all phases and aspects of the environmental process, including a public scoping session, preparation of the Initial Study and Notice of Preparation, preparation of the EIR document, required findings, Notice of Determination, attendance at public hearings and general coordination. Redevelopment Agency Report October 19, 1987 Redevelopment EIR Contract Page two The total contract amqunt for MBA's services will not exceed $19,410. T~ts includes aproximat~ly $1,820 in non-wage costs for such items as reproduction and travel. Also included in the total fee is $2,000 for traffic consultant services. A standard contract for services previously approved by the City Attorney's office is attached and includes respective exhibits; including the scope of work and fee schedule. Chrl sti ne Shi ngl-eton,/y/ ' Director of Communi~r~ Development CAS:SR:pef Attachment: Agreement Community Development Department CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and entered into by and between the COMMUNITY REDEVELOPMENT AGENCY of the CITY OF TUSTIN (herein "Agency"), a municipal corporation and Michael Brandman Associates (herein "Contractor"). The parties hereto agree as follows: 1.O SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry. 1.2 Contractor's Proposal.. The Scope of Services shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Tustin and any Federal, State or local governmental agency of competent jurisdiction. --1-- 1.4 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that (a) he has thoroughly investigated and considered the work to be performed, (b) he has investigated the site of the work and fully acquainted himself with the conditions there existing, (c) he has carefully considered how the work should be performed, and (d) he fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the Agency, he shall immediately inform Agency of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by Agency, except such losses or damages as may be caused by Agency's own negligence. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer, provided that Contractor shall not be required to --2-- perform any addlttonal services without compensation. Any addition In compensation not exceeding ten percent (lOS) of the Contract sum may be approved by the Contract Officer. Any greater Increase must be approved by the Executive Otrector. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof' are set forth in the "Special Requirements" attached hereto as Exhibit "B" and Incorporated herein by this reference. [n the event of a confltct between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhtbtt."B" shall govern. 2.0 COMPENSATION 2.1 For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $19,410.00 (herein "Contract Sum"). The method of compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the Contractor's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the Agency in the form a~proved by the Agency's Director of Finance, an invoice for services rendered prior to the date of the invoice. Agency will pay Contractor for all expenses stated thereon which are approved by Agency pursuant to this Agreement no later than the last working day of said month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Agreement. Time is of the essence in the performance of this 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "D") for performance of the services rendered to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of the Government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency, and unusually severe weather if the Contractor shall within ten (10) days of the commencement of such delay notify the -4-- Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.5 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one {1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Thomas E. Smith, Jr. President/Curtis E. Allin~, Director of Envir. Pln~. Michael Brandman Associates 2530 Red Hill Avenue Santa Aha, California 92705 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by ContractOr without the express written approval of Agency. -5-- 5.0 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of the Agency. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by Agency the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the Agency to enter into this Agreement. Therefore, contractor shall not contract with any "other entity to perform in whole or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. 4.4 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of Agency and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public -6-- liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's.performance under this Agreement. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Co~ensatton laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancellable without thirty (30) days' written notice of proposed cancellation to Agency. A certificate evidencing the foregoing and naming the Agency as an additional insured shall be delivered to and approved by the Agency prior to commencement of the services hereunder. The procuring of such insurance of the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the Agency, its contractors or employees. The amount of insurance required hereunder shall include con~rehensive general liability, personal injury and automobile liability with limits of at least $1,000,000 combined single limit per occurrence and professional liability coverage with limits of at least $500,000 combined single limit per occurrence. 5.2 Indemnification. ~The Contractor shall defend, indemnify and hold harmless the Agency, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person{s), for damage to property {including property owned by the Agency) and for errors and omissions committed by Contractor, its officers, employees and agents, arising out of or related to Contractor's performance under this Agreement, except for such loss as may be caused by Agency's own negligence or that of its officers or employees. --7-- 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to Agency a performance bond in the penal sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the ortginal notarized .signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall remain in force during the entire term of the Agreement and shall be null and votd only tf the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 6.0 RECORDS AND REPORTS 6.1 Report~. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of this Agreement shall be the property of Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. --8-- It shall have an unrestricted right to use the concepts embodled thereJn. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party cures any default within ninety (90) days after service of the notice, or if the cure of the default is commenced within thirty (30) days after service of said notice and is cured within a reasonable time after commencement; provided that if the default is an immediate danger to the health, safety and general welfare, the Agency may take immediate action under Section 7.5. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. Agency's consent or .approval of any act by Contractor requiring Agency's consent or approval shall not be deemed to waive or render unnecessary Agency's consent to or approval of any 'subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to con, vel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.6 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or ink, tactical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the Agency the sum of $ -0- as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance {Exhibit "D"). The Agency may withhold from any monies payable on account of services performed by the Contractor any accrued 1 i qui dated damages. 7.7 Termination Prior to Expiration of Term. The Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty {30) days' written notice to ContractoK, except that where termination is due to the fault of the Contractor and constitutes an immediate danger to the health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the 'notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation {Exhibit "C") ow such as may be approved by the Contract Officer. 7.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Agency may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated {provided that the Agency shall use reasonable efforts to mtttgte such damages), and Agency may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the Agency as previously stated. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 AGENCY OFFICERS AND EMPLOYEES; NON DISCRIMINATION 8.! Non-liability of Agency Officers and Employees. No officer or employee of the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. -12- 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated in forty-eight {48) hours from the time of mailing if mailed as provided in this Section. To Agency: COMMUNITf' REDEVELOPMENT AGENCY, City of Tustin 300 Centennial Way Tustin, CA 92680 Attention: Contract Officer Christine Shingleton, Director of Community Development TO CONTRACTOR: Mr. Thomas E. Smith Jr., President Michael Brandman Associates 2530 Red Hill Avenue Santa Ana, California 92705 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 9.3 ~unendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. -13- 9.4 Severablllty. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or secttons contained tn thts Agreement shall be declared Jnvaltd or unenforceable by a val(d judgment or decree of a court of competent jurisdiction, such fnvaltdtty or unenforceabtllty shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or secttons of thts Agreement whtch shall be Interpreted to, carry out the tntent of the parties hereunder. 9.5 Corporate Authority. The persons executing thts Agreement on behalf of the parttes hereto warrant that they are duly authorized to execute thts Agreement on behalf of satd parttes and that by so executing this Agreement the parttes hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of the dates stated below. COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN DATED: Executive Otrector CONSULTANT DATED: APPROVED AS TO FORM: JAMES G. ROURKE Community Redevelopment Agency Counsel EXHIBIT "A" SCOPE OF SERVICES 1. - See attached Consultant Proposal, attached hereto and incorporated herein as "Exhibit A" by reference. Michael Brandman Associates Environmental Research · Planning and Processing · Resources Management October 7, 1987 Ms. Christine Shingleton Director City of Tustin 300 Centennial Way Tustin, CA 92680 Subject: Revised Proposal and Fee Estimate for Preparation of an Environmental Impact Report for the Proposed Amendment to the Town Center Redevelopment Plan. Dear Ms. Shingleton: Michael Brandman Associates, Inc. (MBA) is pleased to submit this revised proposal and fee estimate for preparation of an Environmental Impact Report to address the amendment to the Redevelopment Plan for the Town Center Area Redevelopment Project. Per the request of Steve Rubin, we have revised our original proposal and fee estimate of September 11, 1987 to provide for a scoping meeting and the use of Kunzman Associates as traffic consultant in place of KHR Associates. scoev., or, wo, ,mr The scope of work is based upon conversations with city staff on August 26, 1987 and outlines the tasks needed for preparation of a draft and final EIR. This scope and estimated fees are preliminary in nature and would be refined through additional discussions with city staff and the redevelopment plan consultant, Katz Hollis, and may also be modified in response to comments received on the Notice of Preparation of an EIR. Task A: Prepare the Iaitial Study and Distribute Notice of Preparatio~ (I~OP) - MBA will review the proposed list of capital improvement facilities and draft amendments to the redevelopment plan as a basis for preparing the Initial Study to determine impacts that require evaluation in the EIR. In addition, MBA will attend a seoping meeting to identify EIR issues. MBA will prepare the NOP and forward the Initial Study and NOP to the city for review. The City will prepare an NOP distribution list and distribute the NOP via certified mail. Corporate: Camegie Centre, 2530 Red Hill Avenue, Santa Ana. CA 92705 (714) 250-5555 Fax: 250-5556 Regional: 411 West 5th Street, Suite 1010, Los Angeles, CA 90013 (213) 622-4443 Fax: 228-8959 Ms. Christine Shingleton September 11, 1987 Page 2 T~k B~ Pre[rare ~eeneheek ~ - It is anticipated that the following primary issues will be addressed in the EIR: 1. Land Use and Relevant Plans and Policies 2. Traffic and Circulation 3. Public Services and Utilities 4. Noise 5. Air Quality Other impact issues are tentatively expected to be briefly discussed as effects found not to be significant. The scope of the EIR may be amended with attendant contract revisions, if the NOP or Initial Study identify additional significant issues. The EIR will also include an introduction, project description, summary, analysis of cumulative impacts, alternatives analysis (up to two alternatives and the no project alternative) and other mandatory CEQA sections. Tssk C: Pre[rare Draft ~IR - Based upon comments received from the City of Tustin and Katz Hollis on the screencheck draft EIR, MBA will prepare and submit the draft EIR (DEIR) to the City. We have assumed a 45-day DEIR public review period, however the City may pursue a 30-day review period. (It appears unlikely that there will be any state responsible agencies, consequently a 30-day review is possible.) T~-~k D: Pr .e[mre Notice of ComDletio~ - MBA will prepare the Notice of Completion and submit it to the City. The City will file it with the State Office of Planning and Research, along with the DEIR. Tssk F.: Pre~.. Final ]~R - MBA will prepare written responses to substantive comments received on fhe draft EIR and submit an addendum format final EIR to the City, including a list of commentors, comments received and responses to comments. Tssk F: Prep~_,-e 1~ - MBA will prepare written findings, supporting statements of facts and overriding considerations for the final EIR certification. Task G: Pret~tre Notice of Determimt, tion - MBA will prepare the Notice of Determination and submit it to the City. The City will file it with the Orange County clerk's office after the project is approved. ~ H~ Prepare. for and Artec! Public Meetings ami Hearings - MBA has budgeted for attendance at two public meetings/hearings. We have included time for preparing for the meetings/hearings and documenting comments received from those present. The MBA senior project manager will attend each meeting/hearing. Tssk h General Coordination and Meetings - In addition to the general coordination and meeting time that will be needed to complete Tasks F and H, MBA has incorporated additional coordination time for the overall work effort. Ms. Christine Shingleton September 11, 1987 Page 3 SCHEDULE The following schedule assumes that all background data and a draft project description, necessary, for the Initial Study and NOP, will be received by October 15, 1987. Date Milestone October 29, 1987 November 5, 1987 December 6, 1987 December 14, 1987 December 23, 1987 January 6, 1988 February 22, 1988' March 7, 1988' Submit draft Initial Study/NOP Submit final Initial Study/NOP NOP period ends (30 day review) Submit screencheck draft EIR (SCDEIR) Receive city, Katz Hollis comments on SCDEIR Submit DEIR to City for public distribution Public review period ends (45 day review) Submit final EIR *Subtract 15 days for 30-day public review period E~IM AT~:D I~EE~ Estimated fees for completion of the EIR as described herein are summarized below. Labor Task A: Prepare Initial Study and NOP and $1,025.00 Attend Seoping Meeting Task B: Prepare Sereeneheck Draft EIR 9,565.00 Task C: Prepare Draft EIR 1,000.00 Task D: Notice of Completion I00.00 Task E: Prepare Final EIR 1,800.00 Task F: Prepare Findings 850.00 Task G: Prepare Notice of Determination 100.00 Task H: Prepare for/Attend Public Meetings and Hearings 650.00 Task h General Coordination and Meetings 500.00 Labor Fee $15,590.00 Ms. Christine Shingleton September 11, 1987 Page 4 Direct Costs Kunzman Associates (Traffic Consultant) 5 copies of draft Initial Study 10 copies of Initial Study 10 Copies of screeneheek DEIR 40 Copies of DEIR 30 Copies of the addendum final EIR Graphics Material/photo reproduction In-House Photocopying Delivery/Courier Service Mileage, Telephone, Miscellaneous Postage Direct Costs (Includes 15% Administrative Fee) Total Estimated Fee $ 2,000.00 20.00 40.00 250.00 900.00 300.00 75.00 100.00 40.00 80.00 15.00 $3,820.00 $19,410.00 TERMS 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 writing, 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. Twenty percent of the contract price is due and payable upon receipt of notice to proceed. The retainer will be applied to the final invoice. The 'above scope of work and estimated fees assume no new land will be added to the study area. 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. Ms. Christine Shingleton September 11, 1987 Page 5 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., AICP President Curtis E. Alling, AICP Director of Environmental Planning TES/sml PRP/019P012tlL Your signature below and return of one signed copy to MBA will serve as authorization to proceed with the work program described above. City 'of Tustin Date EXHIBIT "B" SPECIAL REQUIREMENTS 1. Pursuant to Section 4.2 of this Agreement, Christine Shlngleton is designated as contract officer. 2. Pursuant to Section 4.3, Contractor is hereby authorized to subcontract consistent with the Contractor's Proposal with the following firm: Traffic/Circulation - Kunzman Associates 3. The performance bond required in Section 5.3 is hereby waived. 4. The professional liability insurance coverage as required in Section 5.1 is hereby waived. EXHIBIT "C" SCHEDULE OF COMPENSATION Total fees shall not exceed $19,410.00 as indicated in the Contractor's Proposal, contained in Exhibit A, attached thereto and incorporated herein by reference; The Contract Officer may approve additional compensation for additional services, not to exceed ten percent (10%) of the contract sum; any greater increase must be approved by the Executive Director, pursuant to Section 1.7 of this Agreement. EXHIBIT "D" SCHEDULE OF PERFORMANCE Work shall be con~leted pursuant to the schedule in Exhibit A, attached thereto and incorporated herein by reference; except as it may be modified at the Agency's discretion, or by the Contractor, upon the approval of the Contract Officer.