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HomeMy WebLinkAbout07 MCAS CONS. SVCS. 02-17-04 8 AGENDA REPORT Agenda Item Reviewed: ~ City Manager Finance Director 7 MEETING DATE: FEBRUARY 17, 2004 FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PATRICK SANCHEZ, PARKS AND REREATION DIRECTOR TO: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR THE MCAS TUSTIN LEGACY PARK PHASE I MASTER PLAN SUMMARY Approval of a Consultant Services Agreement between the City of Tustin and Purkiss Rose-RSI Landscape Architecture, Recreation and Park Planning to provide the City with architectural design for the development of the master plan for Tustin Legacy Park. RECOMMENDATION Authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Purkis Rose-RSI for the Tustin Legacy Park Phase I Master Plan in an amount not to exceed $92,470.00. FISCAL IMPACT The 2003-04 FY Capital Improvement Program includes the development of a master plan and design development report for the 25-acre community park at Tustin Legacy. The appropriated amount is $118,000.00. These funds have been allocated and are identified in the Park Development Fund 11-999 for the preparation of plans and a design development report. BACKGROUND The Tustin City Council adopted the Park Seven-Year Capital Improvement Plan for 2003-04 FY, which included the development of a master plan for Tustin Legacy Community Park. Three firms responded to the City's Request for Proposal for Architectural and Master Plan Design Services. The firm of Purkiss Rose-RSI, of Fullerton, California, was selected based upon its strong background in recreation and park planning, extensive local experience in Page 2 working with municipal agencies, and the submittal of the lowest cost proposal of all others submitted. The negotiated fee for the agreement is fair and reasonable. Patrick Sanchez Parks and Recreation CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this - day of ,20_, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Purkiss Rose-RSI Landscape Architecture. Recreation and Park Planninq, a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary design services for the MCAS Tustin Leqacv Park - Phase I (CIP NO. 2043), hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated June 19, 2003, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services. Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A", Section 2: Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. City's Agreement with Department of Navy (Exhibit "B") 3. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion. The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the 179551.1 -1- D. E work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. Section 4: Compensation. A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a total cost of Ninety-Two-Thousand-Four-Hundred- Seventy Dollars ($92.470.00). B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City, C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Optional services: Any or all reproduction and delivery of surveys and reports not previously identified in Professional Fees of the Cost Proposal (Exhibit A) will be paid at Consultant's cost provided such items are approved in advance by the City. Section 5: Independent Contractor. Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification. The Consultant shall indemnify and hold harmless the City, its officers, agents and employees from and against any and all actions and suits, proceedings, demands, losses, costs and expenses, including reasonable legal costs and attorneys' fees, for injury to or death of a person or persons, for damage to property, including property owned by the City, and all other claims to the extent caused by the negligent acts, willful 179551.1 -2- D. E. misconduct, errors or omissions committed by the Consultant, its officers, employees and subconsultants under this Agreement, except for such loss as directly caused by the City's sole negligence or that of its officers or employees, Section 7: Insurance. A. Consultant shall maintain in full force and effect during the term of this Agreement policies of comprehensive general liability, personal injury and automobile liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence, If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. All insurance required pursuant to this Section shall be issued by a company admitted in the State of California and rated A, VII or better by the latest edition of Best's Key Rating Guide. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance on the City's form evidencing the required insurance. If self-insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Aareement. A. B. 179551.1 City shall have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. -3- A. 179551.1 C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. D. The City acknowledges such documents are instruments of Consultant's professional services. The City agrees to indemnify, defend, and hold Consultant harmless from and against any claims, costs, losses and damages as a result of the City's misuse or reuse of such drawings, specifications whether in print or in electronic form. Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn.: Director of Parks and Recreation Services 300 Centennial Way Tustin, CA 92780 To Consultant: Purkiss Rose-RSI Attn: Mr. Steve Lang, Principal 801 N. Harbor Blvd., Ste. #201 Fullerton, CA 92832 Section 10: Miscellaneous Provisions. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith, B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar -4- E. localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of payor other forms of compensation, and selection for training, including apprenticeship. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN 4111 By Tony Kawashima, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney "CONSULTANT" Purkiss Rose-RSI Landscape Architecture, :~re~~ íÿ[~ 179551.1 -5- City's Agreement with Navy Lease restriction Provisions Exhibit US" LEASE RESTRICTION REVISION FORM Lease Restriction Revision (Navy Endorsement/Regulatory Review) Form Upon completion, this fOnD shall be attached 10 the original Finding of Suitability to Lease (FOSL) under revision. SUBJECT: Parcel Identity 22 FOSL for Carve Out Areas 5, 6, 7, 8, 9,10, and 11 dated 26 April 2002 Revision #: 3.0 Revision Date: November 25. 2003 NAVY ENDORSEMENT: Table 9: "Notifications and Restrictions Summary" of the MCAS Tustin FOSL for above subject Parcel Identity is hereby revised as follows: ~ TYPE OF REVISION Area(s) and/or Lease Restriction Box Buildine:( s )/Structures (Refer to Table 9 of the FOSL) X REMOVE Northern Portion of Parcel 4.1, 4.2, 4.5, 4,8, 4.12, and 22 (See Attached Exhibit A) 4.16 ADD Text enclosed Yes II No II. MODIFY As a result of this revision, the following area(s) andlor facility(ties) is (are) suitable for occupancy/access: Northern Portion of Parcel 22 (exceot Sui/din!!s and Structures with lead-based oaint and/or asbestos restrictions). Area(s) and/or facility(ties) which is (are) not suitable for occupancy/access based on addition/modification of the restriction(s) is (are) as follow(s): The following enclosure(s) provide(s) the environmental documentation for each of the lease restriction/condition revisions identified above: Evaluation of Environmental Condition of Parcel 22 for Indoor Air Oualitv and Subsurface Disturbance. Former Marine COrDS Station Tustin, California. dated November 25. 2003. BRAC ENVIRONMENTAL COORDINATOR EPA CONSULTATIONSlREVIEW: 0 The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. DATE 0 This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1) DATE ENVIRONMENTAL PROTECTION AGENCY DTSC CONSULT A TIONSIREVIEW: 0 The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. D This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1) DEPAR1MENT OF TOXIC SUBSTANCES CONTROL DATE EVALUATION OF ENVIRONMENTAL CONDITION OF PARCEL 22 FOR INDOOR AIR QUALITY AND SUBSURFACE DISTURBANCE Former Marine Corps Air Station Tustin, California November 25, 2003 PARCEL EVALUATED: Parcel 22. 1. Purpose This Revised Lease Restriction Revision was prepared in accordance with Section 4.0 of the Finding of Suitability to Lease (FOSL) for Carve-Out (CO) areas 5, 6, 7, 8, 9, 10, and 11 dated 26 April 2002 (FOSL 3). FOSL 3 includes Parcel22, which is located in CO area 5. The City of Tustin sent a letter to the Navy dated September 18, 2003 requesting that the lease provisions for the Northern Portion of Parcel 22 be amended to allow alterations (e.g., excavationl demolition) without the required notification, evaluation and approval procedures since there are no applicable indoor air quality restrictions or contaminated groundwater plumes in this area. Exhibit A identifies the areas designated as the Northern and Southern Portions of Parcel 22, Subsequent to receiving this letter, the Navy reviewed the restrictions in the FOSL and determined that the restrictions for the Northern Portion of Parcel 22 (excluding applicable lead- based paint and asbestos restrictions) were not applicable or appropriate for this area, Therefore, the purpose of this revision is to recommend the release of restrictions in the Northern Portion of Parcel 22 for the following: . hazardous substances and petroleum products . areas of concern (AOCs) and areas under investigation . storage tanks . indoor air quality (including existing Building 163) . groundwater use/subsurface excavation . monitoring wells Restrictions on the Southern Portion of Parcel 22 will remain in affect based on the ongoing evaluations and cleanup activities in this area. 2. Introduction The restrictions listed above were applied to the entire CO area 5 as a conservative approach to provide the Department of the Navy (DON) and BRAC Closure Team (BCT) the ability to review lessee plans prior to implementation to ensure ongoing investigations are not impacted and to protect human health and the environment. CO areas were generally designed to include entire portions of parcels for ease of identifying these areas. A large percentage of the property in Parcel 22 was previously used for recreational activities (e.g., football, soccer, tennis) and activities with the potential for hazardous storage/release were not conducted in the Northern Portion of Parcel 22. Therefore, the restrictions applied to the entire CO area 5 (including Parcel 22) are not applicable or appropriate to the area designated as the Northern Portion of Parcel 22. The following sections discuss the existing restrictions and their applicability to the Northern Portion of Parcel 22. 3. Hazardous Substances and Petroleum Products Section 4,1 of the FOSL references the areas where hazardous substances were stored, released, or disposed of at specific AOC and underground storage tanks/aboveground storage tanks (UST/AST) sites within CO area 5. At several of these locations, releases of hazardous substances occurred, Additionally, Installation Restoration Program (IRP) sites 11, 12, 13W, l3S, 16, the mingled plumes area, and UST-222 located within CO area 5 are identified as not having received regulatory closure and all these sites are currently being evaluated or undergoing cleanup, Based on CO area 5 containing sites that have had releases or ongoing evaluations at IRP sites, the following restriction in the FOSL was placed on CO area 5: I . The lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling, or other disturbance of the surface within the entire CO area without the prior approval of DON and the BCT. Individual parcels within the CO areas were not evaluated to determine if particular areas did not have any releases of hazardous substances or IRP sites with ongoing evaluations or cleanup activities. The Northern Portion of Parcel 22, as shown in Exhibit A, had two former UST sites and no AOCs or IRP sites. UST-C4 and UST-93 received closure letters from the Santa Ana Regional Water Quality Control Board (RWQCB) on May 14, 1997 and no further action is required at these sites. Attachment 5 in the FOSL identifies that these two tanks stored fuel oil and no release of hazardous substances were identified. Based on the two UST sites being closed with no further action required and the absence of AOCs and IRP sites within the Northern Portion of Parcel 22, the Navy recommends releasing this restriction associated with hazardous substances and petroleum products for the Northern Portion of Parcel 22. 4. Areas of Concern and Areas Under Investigation Section 4,2 provides notification for the AOC locations in the CO areas addressed as part of the FOSL. This section references Table 4 that identifies all the AOCs located within the six CO areas including AOCs that require further action, Since AOCs requiring further action are located within CO area 5, the following restriction was applied to the entire CO area: . The lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling, or other disturbance of the surface within the entire CO area without the prior approval of DON and the BCT. No AOCs are located within the Northern Portion of Parcel 22, Since there are no AOCs within the Northern Portion of Parcel 22, the Navy recommends the release of the restriction associated with AOCs and areas under investigation for the Northern Portion of Parcel 22. 2 ~..'~" " ' , "'- ~... ,.' . s. .............. ~.' ~.:~ ',. i 5. Storage Tanks (USTslASTs) Section 4.3 provides notification for the USTs and ASTs located in the CO areas addressed as part of the FOSL. This section references Table 5 that identifies all the USTslASTs located with the CO areas including the sites requiring further action. Since CO area 5 has USTsiASTs requiring further action, the following restriction was applied to the entire CO area: . The lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling, or other disturbance of the surface within the entire CO area without the prior approval of DON and the BCf. Two fooner UST sites are located within the Northern Portion of Parcel 22, UST -C4 and UST- 93, UST-C4 was a 7,QOO-gallon steel tank used to store fuel oil. The tank was installed in 1943 and removed in August 1996. The closure report for the site was issued on April 16, 1997 and the closure letter for no further action was issued by the RWQCB on May 14,1997. UST-93 was a I,OOO-gallon steel tank used to store fuel oil. The tank was installed in 1953 and removed in March 1993, The closure report for the site was issued on April 18, 1997 and the closure report for no further action was issued by the RWQCB on May 14,1997. No releases of hazardous substances were reported at either of the UST sites within the Northern Portion of Parcel 22. Since the two UST sites within the Northern Portion of Parcel 22 were closed with no further action and no releases occurred at these sites, the Navy recommends the release of the restriction associated with storage tanks (USTs/ASTs) for the Northern Portion of Parcel 22. 6. Indoor Air QuaUty Section 4,8 identifies areas where volatile organic compounds (VOCs) may be present in the soil or groundwater and may affect indoor air in existing or newly constructed buildings. For CO-5, this section identifies IRP-ll, IRP-12, IRP-13S, IRP-13W, IRP-16, mingled plume area, and UST-222. The restriction for these areas where soil or groundwater may affect indoor air includes a l00-foot buffer surrounding the areas under investigation or groundwater plumes. The restrictions applicable to these areas of CO-5 are: . Access or océupancy shall be prohibited with the exception of short-teon hours and emergency maintenance conducted with prior DON notification and approval, . ~ To remove this restriction, the lessee may conduct air monitoring within the building following all federal, state, and local regulatory requirements, to determine the suitability of air quality relative to the proposed use of a particular building, Removal of this use restriction will be determined after review and approval of DON and the BCT of an indoor air report submitted by the lessee, or upon DON and BCf concurrence that restrictions for indoor air quality are no longer necessary. 3 This section identifies several buildings where this restriction is applicable including Building 163 located within the Northern Portion of Parcel 22. Building 163 is a restroom used to support the outdoor activities (e.g., volleyball, basketball) conducted previously in this area. Building 163 is scheduled for demolition. Building 163 was included in the air restriction since Figure 5 in the FOSL indicates it is located adjacent to 1RP-13W (within 100 feet of the plume). The location of Building 163 was misidentified in the FOSL and is located as shown in Exhibit A of this LRRF. The Building is at least 100 feet from the plume and soil areas for 1RP-13S. The buffer area around 1RP-13W, 1RP-13S, and the MTBE plumes is within the Southern Portion of Parcel 22; therefore, a restriction on indoor air quality is not required for the Northern Portion of Parcel 22, Since Building 163 is not located within 100 feet of 1RP-13W and the plumes (including the 100 foot buffer area) for IRP-13W, IRP-13S, and MTBE are not within the Northern Portion of Parcel 22, the Navy recommends the release of the indoor air quality restriction for the Northern Portion of Parcel 22. 7. Groundwater Use/Subsurface Excavation Section 4,12 presents restrictions on groundwater use and subsurface excavation based on the VOC-contaminated groundwater within the CO areas where assessments and remedial actions are ongoing. The following restrictions were applied to the entire CO areas: . To address potential risks associated with potential or identified soil and/or groundwater contamination, the lessee cannot excavate, dig, drill, or otherwise disturb the soil or extract, use or access groundwater beneath the CO areas without obtaining prior DON and BCT approval. . Until remedial activities are completed and regulatory concurrence for no further action is achieved, the lessee may not conduct any construction activity that involves excavation of soil without prior approval from the DON and the BCf. The lessee must demonstrate to DON and the BCf that these activities will not interfere with or adversely affect DON response action(s) for the IRP sites, AOCs, and/or UST/AST sites and that human health and the environment will be adequately protected. No subsurface activities will be conducted until prior approval is obtained from DON and the BCf. . Removal of this use restriction based on groundwater and soil contamination will be determined upon DON and BCT concurrence that groundwater use and subsurface excavation restrictions are no longer necessary. As previously stated, two former UST sites exist in the Northern Portion of Parcel 22, which were closed with no further action in 1997. The Northern Portion of Parcel 22 does not contain any AOCs or IRP sites (including associated buffer zones). The Navy recommends release of the groundwater use/subsurface excavation restrictions in the Northern Portion of Parcel 22 since no contaminated groundwater has been identified within the Northern Portion of Parcel 22, 4 8. Monitoring WeDs Section 4,16 provides the restriction associated with monitoring wells within the CO areas, The restriction on monitoring wells is as follows: . These monitoring wells, surface water gauging locations, and their associated equipment shall not be altered. disturbed, or removed without prior review and approval of DON and the BCT. Parcel 22 does not contain any monitoring wells; therefore, the Navy recommends the release of the monitoring well restriction for the Northern Portion of Parcel 22. 9. Summary and Conclusions Several restrictions were placed on the Northern Portion of Parcel 22, contained within CO area 5, based on existing soil and groundwater contamination within the entire CO area. The application of these restrictions to entire CO areas was intended to be conservative in the protection of human health and the environment. In preparing the FOSL, specific areas within parcels were not evaluated to determine if the restrictions were applicable or appropriate and CO areas were generally designed to include entire parcels. Since the future reuse of the Northern Portion of Parcel 22 is known (community park), an evaluation of restriction applicability is warranted to assist in the redevelopment of these areas. Therefore, an evaluation of the restrictions applicable to Northern Portion of Parcel 22 was conducted and the results of that evaluation are contained in the previous sections. All restrictions to the Southern Portion of Parcel 22 remain in place due to the ongoing remedial investigations and activities in this area. The conclusion of the evaluation for the Northern Portion of Parcel 22 is that the restrictions in the FOSL (excluding lead and asbestos restrictions) are not applicable or appropriate since there are no contaminated sites requiring investigation or cleanup in this area, lease activities in the area will not impact ongoing remedial activities in adjacent areas, and no monitoring wells exist within the area, Therefore, the Navy recommends that the restrictions for the following be released from the Northern Portion of Parce122 since the are not applicable or appropriate to this area: . hazardous substances and petroleum products . areas of concern and areas under investigation . storage tanks . indoor air quality (including existing Building 163) . groundwater use/subsurface excavation . monitoring wells A lease-restriction revision form is attached to this document for review and approval. 5 ... - .,. , .:, .~. '" I 41 . ~ c:::J LEASED AREA 0 RESTRICTED AREA r - -, UST 222 MT1IE 11RP-13S . - - GROUNDWATER PLUME . UNDERGROUND STORAGE TANK (STU.L UNDER IIfVES'T1GAT1ON) MONITORING WEll. ED ROAD - BUILDING OR snlUCTURE N PARCEl.1IOUNDAAY 27 PARCEl. NUMBER - N t 200 200 F eel 0 ~ J LlFOC Exh.. A _22 ,., ,~ I F........ MCAS Tuotin, CoIifómia ~ ~_""I -"""... .......,_11- """"'1187 CUAN3Propoao :::~'"""