Loading...
HomeMy WebLinkAbout09 TUSTIN LGCY TRAFFIC 06-06-05 AGENDA REPORT Agenda Item Reviewed: Finance Director ~ if! City Manager MEETING DATE: JUNE 6, 2005 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF CONSULTING SERVICES AGREEMENT FOR TUSTIN LEGACY TRAFFIC ANALYSIS SUMMARY The traffic analysis is being prepared to analyze a number of alternative land use options being proposed by Tustin Legacy Community Partners (TLCP) during the process of the City's exclusive negotiations with TLCP. RECOMMENDATION It is recommended that the City Council approve the Consulting Services Agreement for Tustin Legacy Traffic Analysis with Austin Foust Associates, Inc. in the not to exceed amount of $101,700, and authorize the City Manager, or his designated representative to execute the Consultant Services Agreement on behalf of the City. FISCAL IMPACT The cost for preparation of the Tustin Legacy Traffic Analysis is $101,700. The cost is a planning expense authorized under the City's Exclusive Agreement with TLCP. TLCP will provide reimbursement to the City of all City expenses incurred for the analysis. DISCUSSION The Tustin Legacy Traffic Analysis will be prepared to analyze the traffic implications of a number of alternative land use options and proposed roadway modifications as requested by TLCP, and the possible broader Specific Plan Amendments reviewed conceptually with the City Council and TLCP on November 1, 2004. The Tustin Legacy Traffic Analysis will include: development of a detailed traffic forecasting model for on-site circulation, an internal circulation analysis and arterial roadway capacity analysis, an off-site evaluation of impacts at locations within the Tustin Legacy study area, and a Trip Budget analysis. A number of special issues will be addressed in the traffic analysis including traffic handling around the High School and proposed Elementary Schools, on-street parking and impacts to roadway capacity, pedestrian and bicycle circulation, and effects of any proposed traffic calming measures. Approval of Consulting Services Agreement for Tustin Legacy Traffic Analysis June 6, 2005 Page 2 The Tustin Legacy Traffic Analysis will also be of use for any subsequent environmental analysis that might be necessary under the California Environmental Quality Act to evaluate any future amendments to the Specific Plan. Based upon the schedule of work tasks, the analysis will be completed within 120-days of approval of the Agreement. The City Attorney has reviewed the Agreement and has approved it as to form. ~.~ Tim D. Serlet Director of Public Works/City Engineer ~¿~ Engineering Services Manager TOS: ORK: ccg: Approval of CSA for Tustin Legacy Traffic Analysis.doc Attachment: Consultant Services Agreement 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 Austin"Foust Associates. Inc., a California Corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for the Traffic Analysis for Proposed Master Developer Project and Alternative Project at Tustin Legacy hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated April 5. 2005, 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 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. 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 identified in Exhibit "C". 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 "B", which shall not exceed a total cost of $101,700. 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. 2 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 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. 3 C. D. 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. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an adeitional 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 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 Aqreement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving ten (10) business day written advance notice to the other party. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. B. 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. 4 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.: Tim D. Serlet Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780 Terry Austin - Principal Austin-Foust Associates, Inc. 2020 N. Tustin Avenue Santa Ana, Ca 92705 To Consultant: 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 a~signed by Consultant without the prior written approval of City. 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. C. 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 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. 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 day and year first above written. APPROVED AS TO FORM: ~ I~t</J P, Lois E. Jeffrey, City Attorney { "CITY" CITY OF TUSTIN By William A. Huston Title Cit)1 Manager "CONSULTANT" ::'~ Terry Austin Title Principal 6 EXHIBIT A Scope of Services for Traffic Analysis for Proposed Master Developer Project and Alternative Project at Tustin Legacy This Scope of Services addresses the traffic analysis to be prepared for parcels at Tustin Legacy (formerly MCAS Tustin) that are proposed to be developed by the Master Developer, Tustin Legacy Community Partners, including the cumulative impact of other development at Tustin Legacy and modifications to roadways within the study area. It describes the work tasks and estimated costs for preparing a traffic analysis for the Proposed Master Developer Project and an Alternative Master Developer Project: The analysis is intended to be used in an Initial Study under CEQA that will evaluate proposed amendments to the MCAS Tustin Specific PlanlReuse Plan ("The Specific Plan"). WORK TASKS In this work effort, a comprehensive traffic analysis will be carried out to analyze the traffic implications of the Proposed Master Developer Project and an Alternative Master Developer Project within Tustin Legacy. The attached Master Developer land use plans (Attachments 1 & 2) shall be utilized as part of the traffic analysis for both the Proposed Project and the Alternative Project: However, for the Alternative Project, it shall be assumed that the commerciat development square footage in Neighborhood D will be modified to the Specific Plan level as shown in Attachment 2. There are six work tasks to be carried out to achieve the objectives of this traffic study. 1. On-Site Traffic Model - A detailed traffic forecasting model wiJI be developed for the on-site circulation system of the Proposed Project and Alternative Project: The version of IT AM used for the Red Hill Avenue Study will be used as the parent model, thereby ensuring consistency between the on-site and off-site traffic forecasts. The trip generation rates will be re-evaluated and expanded to include further defined and specified rates (i.e., mixed use and live-work traffic rates). The Master Developer Traffic Model (MDTM) created by this process will provide a tool for use in transportation planning applications within the Proposed Project and Alternative Project: Furthermore, since it is based on the OCT A certified Irvine Transportation Analysis Model (ITAM) it will be in compliance with OCT A traffic modeling guidelines. ICIDocnments and SctlingslDAndcrsonlLocal SeuingslTcmpomry Internet FiblOLK17105 2. Internal Circulation Analysis - In this pm1 of the work effort, long-range (buildout) traffic forecasts will be based on the proposed internal circulation system of the Proposed Project and Alternative Project using the MDTM. The information will include average daily traffic (ADT) volumes on roadway segments and peak hour turn movement volumes at all intersections. The forecasts will be based on land use data for the Tustin Legacy area (including the approved land uses for The District, the John Laing Homes Communities and Lennar Communities), and an analysis will then be made of the internal circulation system of Tustin Legacy with emphasis on the impacts of the Proposed Project and Alternative Project. Work sessions will be held with City Staff to review and evaluate the on-site circulations of both the Proposed Project and Alternative Project. 3. Special Issues - A number of special issues will be addressed in the traffic analysis. These are as follows: a. Schools - The locations of the High School and the elementary schools and the associated access will be evaluated for adequacy of adjacent roadways. Austin Foust Associates (AFA) has recently prepared guidelines with respect to trip generation and pick-up/drop-off space for schools that can be used in this analysis. b. On-Street Parking - The Master Developer's Proposed on-street parking will be evaluated in relation to estimated roadway volumes and adjacent land uses. c. Pedestrian Circulation - Locations within the Master Developer parcels with high anticipated pedestrian activity will be evaluated with respect to roadway volumes, intersection controls and any special pedestrian features that may be proposed. d. Bicycle Requirements - The Master Developer's Proposals for bike routes within the on-site circulation system will be evaluated with respect to traffic volumes, roadway cross-sections, and any special bicycle amenities that may be proposed, e. Special Roadway Features - This will address any circulation special features that are being proposed by the Master Developer such as traffic calming measures. Other special issues may arise as part of work sessions held with City Staff to discuss the findings of the traffic analysis. These and any other special issues as required will be analyzed for both the Proposed Project and the AJternative Project. 4. Off-Site Evaluation - This work task will determine if there are any significant off-site impacts that result from the Proposed Project and Alternative Project. In addition to considering newly developed/approved Tustin Legacy development, the traffic analysis will consider whether any off-site development or roadway modifications present potential changed conditions from the assumptions previously used for the traffic analysis in the FEISIFEIR for the Disposal and Reuse of MCAS, Tustin 2C,IDocuments and SeuingsIDAndcrsoulLocal SeuingsITempomy Intem" Fi\cs1OLK17105 CFEISfFEIR"). To make this determination, nse will be made of the Irvine Transportation Analysis Model (ITAM) recently developed for the Red Hill Avenue Study completed by the City of Irvine in coordination with the City of Tustin. Average daily traffic (ADT) and peak hour analyses will be used to verify if the proposed land use and internal circulation changes affect the off-site roadway system when compared to the approved FEISIFEIR. The methodology proposed for this work task is as follows: a. Evaluate long-range peak hoor capacity utilization at the major intersections within the study area of the former MCAS (i.e., on Red Hill Avenue, Barranca Parkway, Edinger Avenue, Jamboree Road and Harvard Avenue). b. Estimate project volumes on the roadway-links in the study area and compare with the corresponding volumes from the FEISIFEIR. . The first item will verify the proposed long-range lane configurations for those immediately adjacent major intersections. The second item will determine whether the overall trip distribution of the Proposed Project's and the Alternative Project's traffic is similar to that estimated previously in the FEISIFEIR. 5. Trip Budget - Parcels within the Proposed Project and Alternative Project will be evaluated for consistency with the trip allocations approved in the FEISIFEIR. The verification will be canied out on a parcel by parcel basis, using the original "trip budget" estimated as benchmarks. Any differences will be shown and documented. 6. Traffic ReportlMeetingslWork Sessions - The results of the analysis for the Proposed Project and Alternative Project will be compiled into a comprehensive stand-alone Draft traffic report. It will describe the assumptions, methodology and findings of the traffic study, and address any additional mitigation that would be required for the Proposed Project and Alternative Project. AFA Staff will assist in meetings and work sessions with City Staff and at formal presentations as necessary. The cost estimate assumes attendance at up to five such meetings, 3C,lJ)oçument, and Settingsl[)Andc<sonlLocal ScltingslTcmpomy Intemet Fil"IOLK 17105 EXHIBIT B Austin Foust Fee Schedule for Scope of Services for Traffic Analysis for Proposed Master Developer Project and Alternative Project at Tustin Legacy The following fee schedule and project staffing is based upon the Scope of Services detailed in Exhibit A. PROJECT STAFFING Mr. Terence W. Austin will be Principal-in-charge for AFA's work effort. He has been involved in transportation planning for over 30 years, and for the past 20 years, he has been a transportation planning consultant in southern California, with specific expertise in long-range planning and effective integration of transportation needs and strategies into overall land use planning. Ms. Krys Satdivar will be Project Manager for the traffic analysis. She has been a TranspOltation Planner with AFA for over 17 years specializing in land use and circulation studies. She provides traffic analysis services for Central Orange County Cities on an on-going basis, and has carried out special studies in communities snch as project ErRs, Specific Plan traffic studies and tract map level traffic analyses. She was involved in the original Tustin Reuse Plan, and has been the project planner for the preparation of the Irvine Northern Sphere Area Traffic Study, and the associated North Irvine Transportation Mitigation (NITM) Program. Mr. Phong Le is AFA's Transportation Analyst, with responsibility for managing the finn's technical applications. He will assist in a technical support role providing specific assistance in the traffic modeling work. He has been the transportation analyst responsible for model preparation and traffic forecasting for the traffic models used in Cities such as Brea, Irvine, San Clemente, San Juan Capistrano, Mission Viejo, and South Orange County. 4CIDocnmcnts and Settings\DAndc,"sonlt.ocal ScttingslTcmporary Intcme! FiJcslOLK 17105 COSTS Not-to-exceed costs for the work are summarized in Table 1. The costs include all direct project cost and reimbursables. Table 1 COST SCHEDULE RATE HOURS COST Principal $160 100 $16,000 Transportation Enoineer 110 360 39.600 Transportation Analvst 100 300 30,000 Technical/Clerical 65 240 15,600 Direct Costs 500 TOTAL ~ COST BREAKDOWN BY TASK Task 1. On-Site Traffic Model $25,000 Task 2. Internal Circulation Analvsis 23,500 Task 3. Special Issues 15,000 Task 4. Off-Site Evaluation 18,000 Task 5. Trio Budget 4,000 Task 6. Traffic Report/Meetinos/Work Sessions 15,700 Direct Costs 500 TOTAL ~ 5C:\Documents and ScttingsIDAndcrson\Local Settings\Temporary Internet Filcs\OLKI7\O5 EXHIBIT C Schedule of Completion of Scope of Services for Traffic Analysis for Proposed Master Developer Project and Alternative Project at Tustin Legacy The time for completion of the work to be perfonned by consultant shall be 120 days from approval of the Contract and receipt of land use infonnation for each altemative with a first draft submittal of the traffic report in 90 days. The following table identifies the time schedule to complete the Work Tasks identified in Exhibit A. Time Schedule 6. Traffic Report/MeetingslWork Sessions JULY AUGUST WORK TASK 1. On-Sire Traffic Model 2. Iutema! Circulation Analysis 3. Special Issues 4. Off-Site Evaluation 5. Trip Budget GCIDocnfficnts and SettingslDAndersonlLocal SettingslTempofm"y Intcmet Fi1es1Ol.K17105