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HomeMy WebLinkAbout09 CONS AGMNT-METROLINK 02-05-07AGENDA REPORT MEETING DATE: FEBRUARY 5,2007 TO: WILLIAM A HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF A CONSULTANT SERVICES AGREEMENT FOR A STUDY UNDER THE CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK (THE "GO LOCAL STEP 1" PROGRAM) SUMMARY The approval of a Consultant Services Agreement with Fehr & Peers will provide engineering services to study transit needs and develop visions for enhancing access to the Tustin Metrolink Station, under the Orange County Transportation Authority (OCTA) "GO LOCAL Step 1" program. RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Fehr & Peers to study transit needs at the Tustin Metrolink Station in the not to exceed amount of $94,490, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT The cost for preparation of the "GO LOCAL Step 1" study is estimated to be $94,490. The cost of the study will be funded through a $100,000 grant from OCTA and does not require any matching funds from the City of Tustin or other sources. DISCUSSION On February 27, 2006 the OCTA approved a four-step process for city-initiated transit extensions to Metrolink stations, known as the "GO LOCAL" Program. The intent of the "GO LOCAL" Program is to make Metrolink more convenient for potential patrons. The "GO LOCAL Step 1" Program allocates up to $3.4 million for cities to develop a local transit vision and conduct initial planning. Each Orange County city is eligible to receive a $100,000 grant once it executes a cooperative agreement with the OCTA. Tustin's Cooperative Agreement (No. C-6-0799) was approved by the City Council on December 4, 2006. Approval of Consultant Services Agreement for A Study Under the City-Initiated Transit Extensions to Metrolink (The "GO LOCAL Step 1 ") Program) February 5, 2006 Page 2 Under the "GO LOCAL Step 1" project concept, transit needs and possible service routes will be identified. The "GO LOCAL Step 1" study that would be prepared by the consultant has a scope of work that includes evaluation and identification of conceptual transit alternatives to provide additional access to the Tustin Metrolink Station. The transit vision would ultimately consider partnering with adjacent cities in order to fulfill the regional significance of the "GO LOCAL" Program. Off-site parking would be studied along with improved pedestrian and bicycle access to the Tustin station. Integration with other existing and potential transit systems would be examined, including a "trolley" service for Old Town Tustin and other points of interest. Proposals were received from three firms, including Parsons Brinckerhoff, Earth Tech and Fehr & Peers. Although each consultant is qualified to perform the study, staff felt that Fehr & Peers more closely addressed the needs of the City of Tustin, particularly as related to existing and short term parking at the train station. Based upon the schedule of work tasks, the analysis will be completed approximately six (6) months from the start of their work. The City Attorney has reviewed the Agreement and has approved it as. to form. Dana R. Kasdan Engineering Services Manager Tim D. Serlet . Director of Public Works/City Engineer Attachment: Consultant Services Agreement S:\City Councilltems\2007 Council Items \Approval of CSA Fehr & Peers go local step 1.doc 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, hereafter referred to as "City", and Fehr & Peers, a California Corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary transportation study as required under Cooperative Agreement No. C-6-0799 between the Orange. County Transportation Authority and the City of Tustin for the City Initiated Transit Extensions to MetroLink (the "GO LOCAL Step 1" Program) hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated December 15 , 2006, a copy of which is attached hereto marked as Exhibit "An 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 to City; 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" in accordance with the terms and conditions of this Agreement. 1 Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. 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 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. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "An, which shall not exceed a total cost of .$94,490.00. 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. D. 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. 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, worker's compensation and similar matters. 2 Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each 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, or with an equivalent 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 workers' compensation insurance as is required to fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, VII (seven) or better, or from the State Compensation fund. (3) The insurance shall 3 not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy. of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1 )(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. 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. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time or any reason by giving ten (10) business days written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. 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. Section 9: Notice 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, upon receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn.: Tim D. Serlet, Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780-3715 4 To Consultant: Fehr & Peers Attn.: Steve Brown 15707 Rockfield Boulevard, Suite 155 Irvine, CA 92618 Section 10: Miscellaneous Provisions A. 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 localities,' and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. 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 of 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. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. 5 IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written. "CITY" CITY OF TUSTIN By Lou Bone, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Douglas C. Holland, City Attorney "CONSULTANT" FEHR & PEERS By . Steve Brown, Principal S:\CSA & RFP\2006\CSA - Fehr & Peers.DOC 6 EXHIBIT A fp December 15, 2006 Terry Lutz Principal Engineer - Public Works Engineering City of Tustin 300 Centennial Way Tustin, CA 92780-3715 Re: Tustin Metrolink Station Area Planning- OCT A "Go Local" Program Dear Mr. Lutz: Fehr & Peers is pleased to submit this revised proposal to identify ways to increase transit ridership via the OCTA "Go local" program. We have revised the proposed to cover an of the items noted in the Cooperative Agreement with OCT A approved by the City Council on December 4. 2006 and have incorporated the previous proposal to study the parking at the Metrolink station. Our project team has been expanded to include Walker Parking Consultants. In this project. we will focus on strategies and plans to increase ridership at the Tustin Metrolink Station. We are proposing to focus on four key issues which include the proposed parking structure, local pedestrian accessibility, accessibility to adjacent areas of the City of Tustin, and regional transit accessibility. We are ideally suited to perform this p~oject for the following reasons: 1. We are already familiar with many of the issues related to the Metrolink station since we recenUysubmitted a Proposal in conjunction with Walker Parking to review the proposed parking structure. We have also conducted several field visits to the site to review operations. 2. We' have ample experience performing station area plans throughout California for a variety of transit systems. 3. We have extensive experience working with all modes of travel: autos, transit. bicycles and pedestrians. Multi-modal accessibility will be a key factor in increasing ridership at the station. . 4. We also have a key understanding of the relationship between land use and travel choice. With the development of the Tustin Legacy Project, we anticipate that this site could contribute a significant number of riders if sufficient connectivity is provided. This project will be managed by Steve Brown, who has nearly 20 years of experience in both the public and private sector. He will be assisted by Irvine office staff, including Chris Gray and Anna Luo. The team will also include Carlos Hernandez (Denver Office) who has participated in several large-scale transit planning p'rojects and Matthew Ridgway (San Francisco office) who is considered a national expert in the field of bicycle and pedestrian planning. Walker Parking Consultants would assist Fehr & Peers with this study. 15707 Rockfield Boulevard, Suite 155 Irvine, CA 92618 (949) 859-3200 Fax (949) 859-3209 WYNI. fehrandpeers.com Terry Lutz December 15, 2006 Page 2 of 2 We look forward to working with your staff on this exciting and challenging project. If you have any questions or require any additional information regarding our proposal, please contact Steve Brown at the Irvine Fehr & Peers office at 949.859.3200. We look forward to hearing from you. Sincerely, FEHR & PEERS Steve Brown Principal Christopher J. Gray Associate TECHNICAL APPROACH PROJECT OBJECTIVES AND KEY ISSUES Encouraging the use of transit is a challenge in any suburban setting. In Orange County, public agencies have invested heavily in the regional Metrolink System, including the construction of a station in Tustin. We propose to identify to identify strategies and plans to increase ridership at the existing Metrolink Station in the City of Tustin. Increasing ridership can occur in a variety of ways. One of the most efficient ways is to improve the design of individual stations to ensure that there is adequate parking and near-term access. Another method is to provide connectivity to adjacent projects, particularly if they are mixed-use in character and contain a large number of residential units. These adjacent residents are most likely to walk or bike to the station, which will increase the ridership while not increasing station-area parking demand. Providing additional regional connectivity is another effective strategy. Based on these preliminary strategies, we would recommend that the study address the following key issues: · Parkina - Parking has historically been problematic at the station. We would evaluate the current parking operations, identify potential short-term solutions to provide additional station-area parking, and review the proposed parking garage that should satisfy the existing and future parking demand on the site. A key component of the parking will be to identify off-site parking facilities, which will provide additional parking supply in the near-term and during construction of the garage. Pedestrian Connectivity (North)- Field observations and anecdotal evidence suggests that. there is some level of pedestrian traffic which accesses the platform along the north 'side of the tracks. It is important to understand the source of this pedestrian traffic and detennine how additional connectivity can be provided to facilitate these movements. '>--;...------..,~~ .. · Additional Connectivity ( South )- The future redevelopment of the former Marine Corps Air Station into the Tustin Legacy Development could be a source for potential new riders at the Tustin Metrolink station. This project includes 1 million square feet commercial "lifestyleH center and thousands' of new homes. This study will consider the connectivity from the development to the station to facilitate use of the station. This connectivity could occur in the form of bicycle, pedestrian, and/or transit connections. We would also con.sider additional connectivity t9. other areas of the City of Tustin, such as Old Town Tustin. ~.. \ "'... .. Reaional Service- Four existing aCTA bus lines serve the station (Routes 70, -75, 470, and 471). We will explore additional service, which could include shuttles or expanded service along existing routes. The proposed City of Irvine shuttle, that would connect the Irvine Business Center (IBC) to the Tustin Metrolink station, is an example of supplementary service. This study should consider all existing and proposed transit service to the station to ensure that adequate transit connectivity is provided to major regional destinations not served by the Metrolink system. " T1) 1 PROPOSED STUDY APPROACH Based on the issues identified above, we are proposing a comprehensive analysis that will include an examination of the parking structure, a review of the local area connectivity, and an examination of existing/proposed regional transit service. Task 1- Review Existing Documents Our first task will be to review existing documents relating to the following items: · City of Tustin General Plan Circulation Element · Tustin Metrolink parking structure · Tustin Legacy Development · Existing Bus Service by oct A · Proposed City of Irvine shuttle to IBC · Other transit planning documents from OCT A The purpose of this review is to obtain a majority of the information we will require for this study. We will document the proposed configuration of the parking structure. development and circulation data related to the Tustin Legacy project, existing bus routes, and future bus routes. Task 2- Develop Station Area Ridership Forecasts & Parking Demand Following the review of the existing documents, we will develop several planning level ridership forecasts for the Tustin Metrolink station. Our Direct Ridership Model (DRM) estimates transit patronage based on land use and transit service characteristics. We have applied the DRM to estimate ridership on a variety of transit systems throughout the Western United States including the San Francisco Bay Area and Sacramento. To facilitate application of this model, we will use both local information as well as data taken from comparable commuter rail systems. We will develop ridership forecasts for the existing condition and a future condition following the development of the Tustin Legacy project. We will estimate the future change in parking demand for the station. Task 3- Review Parking Conditions- Our review of parking conditions will consider several items concurrently including: . Ooerations of existinq lot- We will conduct a field observation to determine the utilization of the existing lot, which anecdotal evidence suggests is very high. We will also review the configuration of the existing lot to determine if the lot can be reconfigured to provide additional spaces. Off-site oarkina locations- During the field observations, we will also note the use of adjacent parking private lots by Metrolink patrons. Based on the results of these observations and conversations with City Staff, we will identify potential off-site parking locations. We anticipate that these off-site locations can satisfy the need for additional parking demand prior to and during construction of the garage. For any locations, we will identify any opportunities and constraints including regUlatory issues and access . 2 issues. Potential issues could include the need to provide off-site shuttle service if the lots are located outside of traditional walking distances for transit (up to ~ mile). · Parkina Structure Size- Using the data collected in Task 2, we will compare the proposed parking garage against the parking demand estimated in Task 2 to verify that the parking garage has sufficient parking spaces. If we anticipate a shortfall, we will identify the magnitude of that shortfall and potential sizing and phasing options. Task 4- Review Station Area Pedestrian Connectivity We will review the existing station area pedestrian connectivity, particularly as it relates to the adjacent land uses to the north of the railroad tracks. We will conduct one day of field visits to the station site and count the number of pedestrians accessing the station. During this field visit, we will note the existing facilities and determine existing pedestrian pathways and wayfinding. Following this data collection. we will review aerial photography to determine if there are additional pedestrian pathways and facilities that would connect to the station. We will prepare graphics outlining the existing pedestrian connectivity. Task 5- Review Connectivity to Tustin Legacy Development As noted in our discussion of issues, we consider the Tustin Legacy project to be a significant source of new riders at the Metrolink station. We would review the project's Specific Plan and other related engineering documents to determine how the Tustin Legacy development would connect to the station. For example. the Specific Plan noted one internal bicycle facility within the project site that would connect to Edinger near the station. We will summarize all available information related to the connectivity (all modes) between the station and the Tustin Legacy project in a graphical format. ' Task 6- Review Transit Connectivity to Other Areas Within City of Tustin In addition to the Tustin Legacy Development. we will consider transit connectivity to remaining areas of the City of Tustin including Old Town Tustin, the Tustin Civic, The Market Place, and other areas as identified by City staff. As part of this review, we will perform the following tasks: · Identify any existing transit service within the City of Tustin · Identify any proposed transit service within the City of Tustin · Perform a qualitative analysis to determine if the existing and proposed transit service is adequate Task 7- Review Transit Regional Connectivity (Existing and Future) We will review the regional connectivity of the Tustin Metrolink station that includes existing OCT A bus lines and proposed bus lines, such as the IBC shuttle bus system. We will summarize all available information related to regional connectivity in a graphical format. As part of this review, we will perform the following tasks: . Identify any existing transit service between the Metrolink Station and areas outside of the City of Tustin Identify any proposed transit services that would connect the Metrolink Station to other major destinations outside of the City . . Perform a qualitative analysis to determine if the existing and proposed transit service is adequate '7 3 Task 8- Develop Recommendations Following the completions of Task 1-7, we will develop recommendations regarding the Metrolink station. These recommendations will address the following areas: 1 .. Parking garage size 2. Existing station area parking management plan 3. Off-site parking locations 4. Pedestrian connectivity 5. Tustin Legacy connectivity (bicycle, pedestrian, and transit) 6. Other Tustin transit connectivity 7. Regional transit connectivity For all recommendations, we will develop planning level cost estimates related to construction and operation. For any transit-related recommendations will use cost data collected for a similar study conducted at the Irvine Spectrum detailed in the qualification section of the report. We will summarize the results of this analysis in a graphical format suitable for presentation to City Staff and other stakeholders as appropriate. Task 9- Present Recommendations We anticipate that we will present the recommendations from Task 8 in a meeting with City Staff. Following the receipt of comments related to the recommendations, we will revise the recommendations and present a final version to City Staff. Task 10- Documentation We will summarize the results of Tasks 1-10 in a draft technical report, which will be submitted to the City for their review and comment. We will finalize the report after receipt of comments. Task 11- Meetings For budgeting purposes, we. are assuming that we will attend up to five meetings related to the project. 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