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HomeMy WebLinkAbout12 ACEPEX TUSTIN LGCY 06-06-05 AGENDA REPORT Agenda Item ~ Reviewed: ~ City Manager Finance Director MEETING DATE: JUNE 6, 2005 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: AGREEMENT WITH ACEPEX MANAGEMENT CORPORATION TO PROVIDE CONTINUED CARETAKER SERVICES AT TUSTIN lEGACY SUMMARY Tustin City Council approval is requested to extend the term and modify compensation of the existing Caretaker/Property Management Consultant Services Agreement between the City of Tustin and ACEPEX Management Corporation, to provide continued caretaker services for City of Tustin owned/leased property at Tustin legacy. RECOMMENDATION Authorize the City Manager or Assistant City Manager to execute a Caretaker/Property Management Consultant Services Agreement between ACEPEX Management Corporation and the City of Tustin to provide continued caretaker services at Tustin legacy. FISCAL IMPACT Total contract costs would not exceed $405,004 (an approximate 7% increase from the previous year's $379,407 contract). This amount reflects minor increases in labor costs, and fuel and equipment maintenance costs. The contract also accounts for completed/ planned transfers of property from the City of Tustin to the South Orange County Community College District and Vestar. Approximately 83% of the total contract cost will be reimbursed by the approved Master Developer (Tustin legacy Community Partners) to compensate the City for caretaker/property management services provided to the Master Developer site at Tustin legacy pursuant to the executed Exclusive Negotiation Agreement. The remaining 15% portion of cost associated with the contract is an authorized recoverable expense from anticipated land sales at Tustin legacy. It is also possible that City costs associated with the caretaker service area could be additionally reduced during the coming fiscal year as property at Tustin legacy continues to be conveyed and developed. Funding for the contract is appropriated in account 18-805-6732, and proposed contract expenses will be City Council Report Agreement with ACEPEX June 6, 2005 Page 2 included in the City's FY 2005-06 Annual Budget. City and Redevelopment Agency staff will be responsible for contract administration. BACKGROUND/DISCUSSION On June 21, 2004, the Tustin City Council authorized the extension of a Caretaker Services Consultant Services Agreement for Fiscal Year 2004-2005 with JHTM and Associates to perform general caretaker facility maintenance, grounds maintenance, street and road maintenance, drainage channel maintenance and utility system maintenance at Tustin Legacy. Due to notification by JHTM that it was ceasing business operations, the City entered into an agreement with ACEPEX Management Corporation on January 4, 2005 to perform the remaining services identified in the JHTM agreement. The current agreement with ACEPEX expires on June 30, 2005. ACEPEX has performed professionally during the past contract period and would continue to perform general caretaker facility maintenance, grounds maintenance, street and road maintenance, drainage channel maintenance and utility system maintenance. In preparing this year's extension, ACEPEX was asked to provide generally the same level of services, less services to areas that have been transferred, or are anticipated to be transferred prior to the effective date of the contract, July 1, 2005. It is expected that the contract amount to be authorized could be proportionally reduced during the contract period pursuant to provisions included in the Consultant Services Agreement as property at Tustin Legacy is conveyed from the City to other entities, or the City determines that it prudent to modify the way caretaker services are provided at Tustin Legacy. Staff requests City Council authorization to execute the attached Agreement authorizing ACEPEX Management Corporation to perform Caretaker Services at Tustin Legacy for the City of Tustin from July 1, 2005 to June 30, 2006. ~-/rz /~~ Mark Tomich Program Manager Attachment 1: Caretaker Agreement CARET AKERIPROPERTY MANAGEMENT CONSULTANT SERVICES AGREEMENT BETWEEN ACEPEX MANAGEMENT CORPORATION AND CITY OF TUSTIN FOR A PORTION OF THE FORMER MCAS TUSTIN THIS AGREEMENT is made and entered into this day of , 2005, by and between ACEPEX MANAGEMENT CORPORATION, a California corporation (herein referred to as ACEPEX or "Consultant") and the City of Tustin, the Local Redevelopment Authority for the former Marine Corps Air Station Tustin, a municipal corporation duly organized under the laws of the State of California (herein referred to as CITY). RECITALS A. The Defense Base Closure and Realignment Commission recommended closure of Marine Corps Air Station Tustin ("MCAS Tustin") located within the cities of Tustin and Irvine and consisting of approximately one-thousand six hundred and two (1,602) acres of real property together with the buildings, improvements and related and other personal property located thereon and all rights, easements and appurtenances thereto. The President and Congress concurred with that recommendation and MCAS Tustin was closed on July 1, 1999; and, B. Pursuant to the power and authority provided to the Navy under the Defense Base Closure and Realignment Act of 1990, as amended, and the implementing regulations of the Department of Defense (32 CFR Part 175), the Navy initially conveyed or leased portions of the former MCAS Tustin to the CITY approximately 1153 acres of real property, easements, certain personal property (fixtures, equipment and vehicles) and all utility systems serving the federal surplused portions of the former MCAS Tustin, portions of MCAS Tustin being conveyed to other agencies as public benefit conveyances, to the Army Reserve site, and to portions ofMCAS Tustin intended for sale by the Navy; and, C. CITY continues to pursue re-conveyance of the leased and conveyed portions of the former MCAS Tustin (now referred to as "Tustin Legacy") to other private and public developer interests; and, D. CITY continues to be responsible for maintaining real property and facilities located within the remaining City-owned portions of Tustin Legacy ("CITY SERVICE AREA") and desires to ensure that adequate operation, maintenance, and protection of the CITY SERVICE AREA; and, E. To ensure that adequate operation, maintenance, and protection of the CITY SERVICE AREA, CITY requires professional services and related services pending disposition of FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 property and facilities and utility systems to private and public utility providers within the CITY SERVICE AREA by the City; and, F. On January 4, 2005, CITY entered into an Agreement with ACEPEX to provide caretaker and property management consultant services formerly performed by JHTM and Associates within the CITY SERVICE AREA; and, G. The six (6) month term the City and ACEPEX agreement expires on June 30, 2005; and H. It is the intent of the CITY and ACEPEX to enter into this Agreement for the purpose of establishing the terms and conditions under which ACEPEX shall continue to provide caretaker, property management and maintenance services to the CITY SERVICE AREA. In so doing, the CITY shall act in the capacity of Landlord and ACEPEX shall act in the capacity as Caretaker Management Contractor for the CITY. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions contained herein, the parties agree as follows: AGREEMENT 1. SCOPE OF SERVICES 1.I ACEPEX shall provide to the CITY the personnel, transportation, consumables, equipment, tools, materials, supervision, management, and other services necessary to manage and perform the maintenance, operations, repairs, and other necessary services in compliance with all terms and conditions of this Agreement and as specified in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, (the "services" or the "work") to the CITY SERVICE AREA, located at the former Marine Corps Air Station Tustin (MCAS Tustin), now referred to as "Tustin Legacy", which is shown on the map attached hereto as Exhibit A, Technical Exhibit (TE)- I, which includes areas served by existing utilities, both of which are incorporated by reference as though fully set forth herein. ACEPEX warrants that all services shall be performed in a competent, professional and satisfactory manner in accordance with all standards prevalent in the industry. ACEPEX has been selected by the CITY to assume the property management responsibilities identified in this contract because of its extensive related experience and due to ACEPEX's commitment to continue to utilize the services of former JHTM employee Mr. Richard Cooke, past JHTM sub-consultant MBF Associates, and other consultants previously utilized by JHTM during the term of the contract or as provided in Section 4.5 and approved by the City in writing. 1.2 Cooperation with Others. A private security contractor has contracted for the provision of uniformed security services for Tustin Legacy. ACEPEX, while not having any direct contractual obligations to perform any private security services in conjunction with this Agreement but shall be expected to represent the City as the site representative for the CITY SERVICE AREA FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 and shall interface and cooperate with the security contractor as is necessary and practicable in the performance of its caretaker and property maintenance services. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the CITY of Tustin and of any federal, state or local government agency of competent jurisdiction. 1.4 Licenses and Permits. ACEPEX 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 Familiaritv with Work. By executing this Contract, ACEPEX warrants that they (a) have thoroughly investigated and considered the work to be performed, (b) have investigated the site of work and become fully acquainted with the conditions there existing, (c) have carefully considered how the work should be performed, and (d) fully understand the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should ACEPEX discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the CITY, ACEPEX shall immediately inform the CITY of such fact and shall not proceed with any work except at ACEPEX' risk, until written instructions are received from the Contract Officer. 1.6 Care of Work. ACEPEX shall adopt and follow reasonable procedures and methods during the term of the Agreement to prevent loss or damage to facilities, equipment, materials, records, papers or other components of the work, and shall be responsible for all such damage until termination of the contract by the CITY, except such loss or damages as may be caused by the City's own negligence. 1.7 Special Requirements. Any additional terms and conditions of this Agreement are set forth in Exhibit B and are incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provision or provisions of this Agreement, including Exhibit A, the provisions of Exhibit B shall govern. 2. ADMINISTRATION AND COORDINATION OF WORK 2. I Representative of Consultant. The following Principal of ACEPEX is hereby designated as being the Principal and representative of ACEPEX authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Henry C. Rhee, President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principal is substantial inducement for the CITY to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the tenn of this Agreement for directing all activities of ACEPEX and devoting sufficient time to personally supervise the services hereunder. ACEPEX may not change the foregoing Principal without the express written approval of the CITY. FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24,2005 2.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of the CITY unless otherwise designated in writing by the Contract Officer. For purposes of day-to-day liaison and administration, the City will assign a Caretaker/Property Services Manager who shall be primarily responsible for coordination with ACEPEX in the provision of the City of Tustin support when necessary and requested by ACEPEx. It shall be ACEPEX's responsibility to keep the Caretaker/Property Services Manager and Contract Officer fully informed of the progress of the performance of the services and ACEPEX shall refer any decisions on the Agreement, which must be made by the CITY to the Contract Officer. Unless otherwise specified herein, any approval of the CITY required hereunder shall mean the approval of the Contract Officer. 2.3 The ACEPEX Principal identified in Section 2.1 shall meet with the Contract Officer or designee at least monthly, or as more frequently requested by the Contract Officer or designee. 2.4 Independent Contractor. Neither the CITY nor any of its employees shall have any control over the manner, mode or means by which ACEPEX, its agents or employees perform the services required herein, except as otherwise set forth herein. ACEPEX shall perform all services required herein as an independent contractor of CITY and shall remain at all times as to CITY a wholly independent contractor with only such obligations as are consistent with that role. ACEPEX shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 3. RECORDS AND REPORTS 3.1 The CITY may, in addition to any financial or other reports required by the terms of this Agreement, require ACEPEX to prepare reports or provide information relating to this Agreement. ACEPEX agrees to provide such reports within a reasonable period of time and in such detail as may be required. 3.2 Records. ACEPEX shall keep such books and records as shall be necessary to properly 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. ACEPEX shall also afford any authorized representatives of the CITY, access to and the right to examine all records, books, papers, and documents, including records in automated forms, that are within ACEPEX' custody or control and that relate to its performance under this Agreement. ACEPEX will retain such records intact for at least three (3) years following termination of this Agreement. Access to ACEPEX' records will be only during normal business hours, and the requesting party will give ACEPEX twenty-four (24) hours prior notice of its intention to examine ACEPEX' records that relate to the performance of this Agreement. 3.3 Ownership of Documents. All documents, specifications, records, docurnents and other materials prepared by ACEPEX in the performance of this Agreement shall be the property of the CITY and shall be delivered to the CITY upon request of the Contract Officer or upon the FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 termination of this Agreement, and ACEPEX shall have no claim for further employment or additional compensation as a result of the exercise by the CITY of its full rights or City's ownership of the documents and materials hereunder. ACEPEX may retain copies of such documents for its own use. ACEPEX shall have an unrestricted right to use the concepts embodied therein. 3.4 Release of Document. All reports, records, documents and other materials prepared by ACEPEX in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 4. COMPENSATION 4.1 Compensation. For the services rendered pursuant to this Agreement, ACEPEX shall be compensated and reimbursed consistent with the specific cost line items and requirements for operating costs, as more fully set forth in Exhibit C and which is incorporated by reference as though fully set forth herein. In any event, the annual operating cost for the provision of caretaker/ property maintenance services shall not exceed $405,004. 4.2 The cost contained in this Agreement shall represent the minimum level of caretaker, property management and maintenance services required to protect assets, resources, and systems within the CITY SERVICE AREA. 4.3 The costs presented under this Agreement reflect the fully burdened hourly costs associated with providing caretaker/property management and maintenance services under this Agreement. 4.4 Method of Payment. All work conducted under this Agreement shall be billed consistent with the fully burdened hourly rates and budget included in Exhibit C of this Agreement and in such form and containing such documentation as reasonably required by the CITY in order to establish charges and to enable compensation therefore by the CITY. Each such invoice shall include the amount of payment requested, the total compensation permitted by line item in Exhibit C, the percent completed since the last invoice, the total percent completed to date, and any other such information as may be reasonable and necessary to secure the written approval of the invoice by the CITY. ACEPEX shall submit written invoices not more frequently than monthly. In any month in which ACEPEX wishes to receive payment, ACEPEX shall no later than the first working day of the next month following the month of service, submit to the CITY an invoice for service. The CITY shall pay ACEPEX for all expenses stated thereon which are approved by the CITY consistent with this Agreement, within 30 days. 4.5 Changes. In the event any change or changes in the work is requested by the CITY, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of such addendum, including but not limited to, any modification to ACEPEX's fees. An Addendum may be entered into to provide for revisions or modifications to the scope of work, Exhibit A, including but not limited to, a reduced level of service. ACEPEX acknowledges that the CITY, at its discretion, may increase or decrease any specific line item or a decrease in the maximum funding amount reflected in Section 4.1, within fifteen (15) days FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 notice to ACEPEX. Increases in any line item shown in Exhibit C shall result in decreases in other line items as shall be recommended by the CITY and coordinated with and agreed to in writing between the CITY and ACEPEX. Any decrease in the maximum funding shall be accompanied by a corresponding decrease in caretaker/property management services under the Agreement which shall be coordinated and agreed to in writing between the CITY and ACEPEX. 5. INSURANCE ACEPEX shall carry and maintain excess broad form comprehensive liability insurance and professional liability insurance coverage and property damage insurance including but not limited to, insurance against assumed contractual liability under this Agreement to afford protection with a limit of liability not less than one million dollars ($1,000,000) against all claims for bodily injuries and death or damages to property resulting from ACEPEX' performance under this Agreement. The minimum amount of liability coverage is subject to revision by mutual agreement of the parties upon amendment of this Agreement. If ACEPEX provides claims made professional liability insurance, ACEPEX shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreernent or to cover claims made within five (5) years of the completion of ACEPEX'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 ACEPEX's services under this Agreement. ACEPEX shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing a Letter Agreement acceptable to City on ACEPEX's letterhead. To the extent required by law, ACEPEX shall carry and maintain Workers' Compensation insurance in form and amounts acceptable to the CITY. All insurance which this Agreement requires ACEPEX to carry or maintain or cause to be carried or maintained pursuant to this Agreement shall be in such form, for such amounts, for such periods of time and with such insurers as the CITY may require or approve. The CITY's approval shall not be unreasonably withheld. 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. All policies and certificates issued by the respective insurers for liability and property damage insurance shall name the CITY as an additional insured to the extent provided by law, provided that any losses will be payable notwithstanding any act or failure to act or negligence of the CITY; provide that no cancellation, reduction amount or material change in coverage thereof will be effective until at least thirty (30) days after receipt by the CITY of written notice thereof; provide that the insurer will have no right of subrogation against the CITY, and its officers, agents, employees or contractors; and be reasonably satisfactory' to the CITY in all other respects. The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII or better (if an admitted carrier) or A-, X (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- VIII or better or from the State Compensation Fund. FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 ACEPEX shall provide insurance coverage for its use of any City or Government owned property (e.g., personal, equipment). 6. INDEMNIFICATION 6.1 ACEPEX shall defend, indemnify, and hold harmless the CITY, 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 or persons, for damage to property, including property owned by the CITY arising from errors and omissions committed by ACEPEX, its officers, employees and agents, and arising out of or related to ACEPEX's performance under this Agreement, except for such loss as may be caused by CITY's own negligence or that of its officers or employees. 6. 2 The obligations created by subsection 6. I above with respect to indemnifications shall survive the expiration or termination of this Agreement. 6.3 In the event of errors and omissions which are due to ACEPEX, its officers', employees' or subcontractors' negligence with respect to the professional care, skill and diligence of ACEPEX and which result in expense to the CITY greater than what would have resulted if there were not errors and omissions in the work accomplished by ACEPEX, the additional planning and professional expenses incurred by the CITY shall be borne by ACEPEX. 7. TERM This Agreement shall commence at 12:01 a.m., July 1,2005, and shall extend for a period of one (1) year through June 30, 2006, unless terminated sooner or renewed annually in accordance with the provisions set forth herein. 8. TERMINATION 8.1 This Agreement shall continue and remain in full force and effect, as to all of its terms, conditions, and provisions as set forth herein, until and unless the CITY shall give written notice to ACEPEX of its desire to terminate this contract with or without cause on a specified time and date thereafter. Such written notice to terminate this Agreement shall be given no less than thirty (30) days prior to the date this Agreement shall be so terminated, with twenty-four (24) hour notice in the event that funds become unavailable to the CITY for any reason whatsoever. In the event of any such termination, ACEPEX shall be paid by the CITY for all services actually, timely and faithfully rendered up to receipt of the notice of termination, and thereafter until the date of termination ACEPEX shall be paid only for such services as are specifically authorized in writing by the CITY. 8.2 If the CITY (i) fails to issue written Notice to Proceed to ACEPEX within six (6) calendar months from the date first above written, or (ii) suspends work under this Agreement for a period of at least six (6) calendar months once work has commenced, or (iii) fails to pay the nondisputed amount of a submitted invoice within a total of 45 days after approval, ACEPEX shall have the right as its option to terminate this Agreement by giving written notice thereof to the CITY. FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 9. RENEWAL Prior to the expiration of the term of this Agreement, the parties hereto may renew this Agreement as follows: A. The CITY shall provide written notice to ACEPEX within sixty (60) days prior to the expiration of this Agreement of its desire to renew this Agreement. The notice should include the term of the renewa] for which the CITY is requesting. B. Upon receipt of the CITY's written notice, ACEPEX will prepare a written estimate of costs and service levels. 10. ENFORCEMENT OF AGREEMENT 10.1 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 CITY may take immediate action under Section 10.4 of this Agreement. 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. 10.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of the CITY shall be deemed to waive or render unnecessary CITY'S consent to or approval of any subsequent act of ACEPEX. 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. 10.3 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 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. 10.4 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 compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgement or any other remedy consistent with the purposes of this Agreement. FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 10.5 Attornevs' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement or its subject matter, the prevailing party shall be entitled to recover reasonable attorney's fees and costs of suit from the losing party. 10.6 Jurisdiction. This Agreement is made and entered into in the State of California in the County of Orange and shall be interpreted in accordance with California law. The parties agree that the exclusive venue for any lawsuit brought by either party regarding this Agreement shall be Orange County, California. 11. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 1 I. I Non-Liabilitv of City Officers and Emplovees. No officer or employee of the CITY shall be personally liable to ACEPEX, or any successors-in-interest, in the event of any default or breach by the CITY or for any amount which may become due to ACEPEX or its successor, or for breach of any obligation of the terms of this Agreement. 11.2 Covenant Against Discrimination. ACEPEX covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. ACEPEX shall take affirmative action to insure that applicants and employees are treated without regard to their race or color. 12. MISCELLANEOUS PROVISIONS 12.1 Notices. All notices, transmissions, correspondence, reports, official communications, and/or statements authorized, made under, or required by this Agreement shall be in writing and shall be delivered by hand, facsimile transmission, or by U.S. Mail, First Class postage prepaid, to the other party at the address or facsimile transmission telephone number 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 forty-eight (48) hours from the time of mailing if needed as provided by this Section. ACEPEX: Henry C. Rhee ACEPEX Management Corp. 13401 Yorba Avenue Chino, CA 91710-5055 Phone: (909) 591-1999 FAX: (909) 591-1006 henry.rhee@acepex.com FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 CITY: Christine Shingleton Assistant City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Phone (714) 573-3107 FAX (714) 838-1602 12.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 12.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 12.4 Severabilitv. In the event that anyone or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent ofthe parties hereunder. 12.5 Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 12.6 Change of Circumstances. Each party will promptly notify the other party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect such party's ability to carry out any of its obligations under this Agreement. 12.7 Third Partv Beneficiaries. The parties agree that the provisions of this Agreement are not intended to directly benefit, and shall not be enforceable by any person or entity not a party to this Agreement. By entering into this Agreement, neither party waives any of the immunities provided under state or federal law. FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ACEPEX Management Corporation, California corporation. a By: DATED: Henry C. Rhee President "CITY OF TUSTIN", a municipal corporation DATED: By: Christine A. Shingleton Assistant City Manager APPROVED AS TO FORM CITY OF TUSTIN DATED: By: FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 EXHIBIT A SECTION 1 REQUIREMENTS STATEMENT 1.1 SCOPE The purpose of this Requirements Statement is to identify the functional tasks to be performed on a portion of the former Marine Corps Air Station Tustin (after herein referred to as MCAS- Tustin). Those portions of MCAS- Tustin, as well as utility systems serving the former MCAS Tustin (the footprint of the areas covered by utility services under this Agreement include properties conveyed by deed to the City as an Economic Development Conveyance, the Lease in Furtherance of Conveyance (LIFOC) between the City and Department of the Navy, public benefit conveyance (PBC) areas, and properties to be transferred to others via public bid sale shown and depicted on Technical Exhibit (TE) I attached to Exhibit A as TE-l, are the areas proposed to be included in this scope of services. The Caretaker Property Management Contractor for Property Maintenance Services (hereinafter referred to as either Caretaker or Caretaker Management Contractor) shall perform those services described in Section 1 and Section 2 of this Exhibit A (herein after sometimes referred to as "Caretaker/Property Management Services" or " Caretaker Services"). a) General - With' the exception of furnished equipment described in TE-2, the Caretaker shall provide all personnel, transportation, consumables, equipment, tools, materials, supervision, management, and other services necessary to manage and perform the Caretaker services covered by this Agreement. Estimated quantities or frequencies of work are listed in TE-3, and TEA provides a building inventory and layaway level classifications. b) References and Technical Documents - The Caretaker will comply with all referenced requirements and publications listed in the Technical Exhibit, TE-5, as they apply to the services covered on any property subject to the City's Lease In Furtherance of Conveyance (LIFOC) with the Department of the Navy, as they apply to services covered on any other real property, easements or personal property ( including fixtures and equipment) and existing utility systems to be maintained, operated, replaced or repaired pursuant to this Agreement. The City will be acquiring property documents and records from the Navy for the former MCAS Tustin and the City Service Area. The Caretaker will maintain and update a library on MCAS- Tustin to include reports and documents related to execution of this Agreement, and references as the Caretaker Management Contractor determines to be necessary. Caretaker and City required document and record functions may include but are not limited to filing and retrieving drawings, making copies of drawings, updating as-built drawings, filing and retrieving submittals for equipment and products used in the facilities, issuing "digging permits" (see TE-6), and filing and maintaining certification records and reports. There are currently no active warranties within the City Service Area. Any new equipment warranty records shall be maintained as part of the library function. MCAS-Tustin Pwperty Managoment Agreement Exhibit A, Section 1, Page 1 Revised 5-24-05 1.2 FURNISHED PROPERTY AND SERVICES a) Furnished Facilities - The City will identify a building that Caretaker will have access to occupy within the City Service Area based on the Navy's actual disposition of properties. Building 530 is currently designated as the building for occupancy but if there is some environmental restriction that precludes its continued occupancy, an alternate building will be identified by the City. During the term of services, the Caretaker may be requested to relocate to an alternate building within the City Service Area where necessary to facilitate redevelopment and disposition of property to other parties by the City. These facilities will be made available for the Caretaker's use. The Caretaker will assume responsibility and accountability of any City approved facilities provided for its use and will maintain them so they are, clean, safe, and free of hazards. b) Furnished Equipment and Property - To the maximum extent possible, the Caretaker will identify equipment required to provide services under this Agreement from existing and available excess Personal Property owned by the City identified in TE-2 and also identified as Government personal property. The City will reimburse the Caretaker only for the direct cost of operation of this equipment, such as maintenance and fuel costs. The Caretaker will account for and manage all Government furnished property that will remain vested in the Government until transferred via Economic Development Conveyance or other appropriate transfer vehicle. c) A vailabilitv of Utilities - The following utility services will be furnished at approved outlets for use as may be required for the work to be performed under the Agreement: electricity and water (non-potable, for fire suppression purposes only). Please note that the gas distribution system has been secured. The Caretaker will maintain the necessary service lines from the purveyor's point of connection to the site of work. Actual utility charges for use by Caretaker in their work including electricity and water will be furnished at no cost to the Caretaker. The Caretaker will instruct its employees and subcontractors in utilities conservation practices and operate in ways that preclude the waste of utilities. The Caretaker will provide for their own commercial telephone service on base, and the Caretaker will reimburse service and toll charges directly related to provision of service as part of the not-to exceed compensation schedule. For any utilities which will be owned by the City, Caretaker will manage utilities as required by Section 1 and Section 2 of this Exhibit A and recommend usage fee charges for the costs of utility provision which shall include the proportionate cost of operating, maintaining and repairing said systems that the City can charge the Department of the Navy for remaining Government operations on-going within the City Service Area and other tenants within the CitY Service Area or future public benefit recipients who wish the benefit of continuation of certain utility services until construction of new backbone utility systems can be completed at the former MCAS Tustin.. It is the City's intent to take all reasonable steps necessary to transfer water, electric, sewer, natural gas, and storm drain systems to the appropriate utility purveyors. Until such time, the City and its Caretaker shall to the maximum extent possible work with utility service purveyors, other owners of property at the former MCAS Tustin and prospective owners to facilitate the provision of water, electrical and sewage services to property retained by Government and/or transferred by public sale or via public benefit conveyances. Pursuant to the City's Lease in MCAS-Tustin Pcoperty Management Agreement E.bibit A, Section I. Page 2 Revised 5-24-05 Furtherance of Conveyance with the Department of the Navy, if the City is unable to locate a utility purveyor willing to take over systems, and if the City through its Caretaker operates such system and subsequently determines to cease operations, the City and its Caretaker shall provide the Department of the Navy with a minimum of 4 weeks prior notice prior to disconnection. In the event disconnection will result in the termination of utility services necessary to ensure the continuity of on-going environmental clean-up, restoration, or testing activities required by the Department of the Navy or environmental regulators, and the Department of the Navy is unable to procure an alternate source of such utilities within the notice period, the City working with its Caretaker shall to the maximum extent practicable work with the Department of the Navy and utility service purveyors to facilitate an alternate source of such utilities. Provided caretaker operation of services do not violate the provisions of this Agreement, the Caretaker may execute separate contracts or agreements specifically for facility support services with lessees, at the Caretaker's discretion, and as approved by the City of Tustin. 1.3 PERSONNEL a) Caretaker Manager - The Caretaker will provide a Caretaker Manager who will be responsible for the performance of this Agreement. The name of this person, and an alternate, who will act for the Caretaker when the manager is absent, will be designated in writing to the City of Tustin. (1) The Caretaker Manager and alternate will have full authority to act for the Caretaker on all matters relating to daily operation of this Agreement. The Caretaker Manager will be skilled in the area of facility management and maintenance, with a record of demonstrated successful experience, formal education, special training, certifications, etc. (2) The Caretaker Manager, or alternate, will be available during normal duty hours within four hours to meet on MCAS- Tustin with City of Tustin personnel to discuss problem areas. After normal duty hours, the Caretaker Manager, or alternate, will be available within two (2) hours of the start of the next normal workday. (3) The Caretaker Manager, or alternate, will be available by recall for after nonnal work daylhour for emergencies. b) Emplovees - The Caretaker will furnish qualified operations and maintenance personnel to accomplish all work required. The Caretaker will comply with all certification and licensing requirements. (1) Personnel Identification. All field employees, including those working under a subcontract will wear unique visible identification (hat, shirt, emblem, etc.) that will allow a knowledgeable observer to recognize that person as a worker for the Caretaker. (2) Employee Training. Employees will be properly trained for the work being performed. The Caretaker will obtain all required training for Caretaker employees. All employees involved in operations requiring certification and/or licenses will possess current and valid certificates MCAS-Tustin Pcoperty Management Agreement Exhibit A, Section 1. Page 3 Revised 5-24-05 from the appropriate state, or other authority, as may be required by law or regulation. The Caretaker will maintain all employee training and certification records. 1.4 MANAGEMENT The Caretaker will manage the total work effort associated with the Caretaker services to assure fully adequate and timely completion of these services. This function will be a full range of management duties including, but not limited to, planning, engineering services, scheduling, cost accounting, report preparation, establishing and maintaining records and inventories, warranty enforcement, and quality control of services. The Caretaker will provide staff with the necessary expertise to assure the performance of the work. a) Work Control - The Caretaker will implement all necessary procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work in progress. Verballwritten scheduling and status reports will be provided when requested by the City. b) Standards - All work will conform with the standards specified herein and will be accomplished in conformance with all applicable local, State, Federal, and industry standards; standards listed in the Technical Exhibits; as well as applicable building and safety codes and manufacturer's recommendations. All materials, supplies, and parts furnished will be equal to or better than the manufacturer's original and will comply with applicable Government, commercial, or industrial standards such as National Board of Underwriters or Underwriters' Laboratories, Inc., National Board of Fire Underwriters, National Electrical Manufacturer's Association, American Society of Mechanical Engineers, etc. When the quality of materials, equipment, and/or workmanship put in place by the Caretaker does not meet the standards specified herein, the Caretaker will immediately remove the nonconforming portion of the work and replace it with material, equipment, and/or workmanship, which meets the standards specified. c) Engineering Support - The Caretaker will provide the necessary technical management and engineering services to support the work identified in this Agreement. The Caretaker will provide troubleshooting, problem solving, and technical assistance as required to accomplish the work in a professional and timely manner. d) Warrantv Enforcement - The Caretaker will act as the City's agent in enforcement of all new warranty issues and will maintain warranty records as part of the library function. Equipment under manufacturer or installer's warranty shall not be removed, replaced, or deficiencies corrected while still under warranty of the manufacturer or the installer. All defects in material or defective parts found by the Caretaker shall be processed in accordance with the warranty. The Caretaker shall be knowledgeable of the equipment, parts, and components that are covered by warranty and the duration of such warranties. e) Oualitv Control (OC) - The Caretaker will provide a complete quality control program to assure all requirements of the Agreement are accomplished in a timely manner and in accordance with specified quality standards. The Quality Control program will ensure that Caretaker records are complete and reliable. The QC plan shall be submitted and will describe the methods for MCAS-"fustin P'nperty Management Ag,eement Exhibit A, Seetinn 1. Page 4 Revised 5-24-05 maintaining acceptable performance levels and for identifying, correcting, and preventing further defects in the quality of service performed. A sample QC plan is provided as TE- 7. 1.5 FINANCIAL ADMINISTRATION PROCEDURES The Caretaker shall accumulate actual costs by job order number for all services, including recurring work. Job order numbers, tasking and associated accumulation of costs shall reflect a structure similar to the initial negotiated and agreed upon budget, for reporting purposes. Additionally, the Caretaker may periodically be required to submit various informational and financial status reports to assist in determining the financial status of the Agreement. 1.6 QUALITY ASSURANCE (QA) The City will evaluate the Caretaker's performance under this Agreement using surveillance of work performed and review of Caretaker's Quality Control records. All surveillance observations will be recorded by the City. When an observation indicates defective performance, the City will request the Caretaker's representative to initial the documentation ofthe observation. a) Performance Evaluation Meetings - The Caretaker Manager will be required to meet at least bi-weekly with the City during the term of the Agreement, unless a less frequent schedule is agreed to by the City. It is expected that the Caretaker and the City will work closely and cooperatively on all issues. However, if the Caretaker requests, a meeting will be held whenever an observation indicating defective performance has been issued. 1.7 PHYSICAL SECURITY / WORKER'S SAFETY The Caretaker will be responsible for safeguarding all City owned and Government property provided for Caretaker use or care. At the close of each work period, City and Government facilities, equipment, and materials will be secured as appropriate. a) Kev Control - The Caretaker will provide a key control system consistent with TE-8 with which the Caretaker will maintain and control all keys, combinations, and other devices used to control access to buildings, secured spaces, or restricted areas. Unless directed otherwise by the City, the Caretaker will prohibit the use of keys by any person other than the Caretaker's employees or subcontractors. Extra duplicate copies of keys shall not be produced without City's authorization. The Caretaker will prohibit the opening of locked areas to permit entrance of persons other than the Caretaker's employees or subcontractors engaged in the performance of assigned work in those areas, or as required to promote reuse of the property. In the event another party will be granted continuing access to facilities, the Caretaker will be advised in writing by the City of specific instructions pertaining to the access rights. b) Propertv Control - There will be personal property, supplies, and materials left in a number of facilities. The Caretaker will be responsible for the physical security of this property and will make every effort to assist the Government in safeguarding and protecting this property. The Caretaker is not authorized to use any of this personal property without specific written permission of the City. MCAS-Tustin Property Management Agreement Exhibit A, Section 1, Page 5 Revised 5-24-05 c) Safetv - The Caretaker will ensure all employees know, receive instructions on, and comply with all appropriate safety requirements, Occupational Safety and Health Administration (OSHA) standards, and all state and local laws and regulations. The Caretaker will record and report promptly to the City all available facts relating to each instance of damage to City owned or leased property at the former MCAS -Tustin or injury to Caretaker, subcontractor, or City or Government personnel. Copies of accident reports will be provided to the City. 1.8 ENVIRONMENTAL OPERATIONS a) Emergencv Spill Response - The Caretaker will provide emergency spill response. The Caretaker will comply with all applicable environmental protection directives. The Caretaker will follow manufacturers' guidelines and professional recommendations for control of humidity, temperature, and cleanliness in materials handling. Upon occurrence of any spills that could enter the storm or sanitary sewer system, could cause any harmful environmental effects, or requires reporting to any Federal, state, or local environmental regulatory agencies; the Caretaker or its agent will immediately call the City, City Police Department and Orange County Fire Authority to report the incident. Immediately after occurrence of an incident, the Caretaker will initiate action to control and clean up as required to comply with any environmental regulations. The Caretaker will notify the City of any communications or correspondence from an environmental regulatory agency. The Caretaker will submit an emergency response plan delineating emergency response procedures, key personnel, emergency telephone numbers, and emergency response documentation forms. The Caretaker will have a spill prevention plan consistent with TE- 9 subject to approval of the City and Department of the Navy for all portions of the City Service Area subject to the LIFOC in accordance with CFR 114. b) Non-Interference with Government Operations - The Caretaker shall not conduct any operations within the areas subject to the City's LIFOC with the Department of the Navy or easement areas that would interfere with or otherwise restrict operations, environmental clean-up or restoration actions of the Department of the Navy. Please note that disturbance, removal, and digging may require authorization from the CSO. A copy of the LIFOC is attached as TE-l0 which Caretaker must comply with as it relates to Caretaker work under this Agreement. 1.9 ACCURACY OF FURNISHED INFORMATION Information in this Requirements Statement and attached Technical Exhibits is not guaranteed to be accurate. However, it is the best available data and should be substantially correct. 1.10 HISTORIC PROPERTIES AND ARCHEOLOGICAL SITES The Caretaker maintenance guidance provided in this document may be used as a basis for the development of plans to deal with historic properties. The facility list, TE I -4, indicates those facilities designated as "historicaL" All work performed or planned for these facilities, whether by Caretaker or others shall meet the requirements of all rules, laws, acts, and regulations. All work shall have the prior approval or be in accordance with the State Historic Preservation Officer (SHPO), or in accordance with the MOA executed by the DON, Advisory Counsel, and SHPO dated December 13, 1999. In accordance with this MOA, hangar 29 (within the scope of MCAS-Tustin Property Management Agreement Exhibit A. Section 1, Page 6 Revised 5-24-05 services of this Agreement) shall be protected and maintained at minimum levels recommended in the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Standards)" with no further consultation required. 1.11 DEFINITIONS As used throughout Exhibit A, Sections 1&2, the following terms will have the meaning set forth below: a) ASME - American Society of Mechanical Engineers. b) Adiust - To regulate, settle, and bring to a more satisfactory state of normal operating condition in accordance with lay-i-way levels. c) Budget - The Budget is established in Exhibit C and is the annual operating budget as determined during negotiations between the City and the Caretaker. d) Caretaker Site Office (CSO) - The Southwest Division, Naval Facilities Engineering Command office to manage those portions of the Base that remain within the Government's responsibility in a caretaker status until disposal. The CSO will be responsible for the day-to-day administration of these areas and not the City nor Caretaker (ACEPEX), with the exception of all utility distribution which will be in ownership by the City which shall be subject to this Agreement. e) Check - Examine, inspect, test, or verify by trial. f) Component Part - Any part of any item or system which is detachable or removable from the main body or main assembly of the item or system; a constituent part or an essential part necessary to the performance of the system. g) Control - A mechanism used to regulate or guide the operation of a machine, apparatus, or system. h) CSO Officer in Charge (arC) - The individual responsible for the operation of the Caretaker Site Office. This individual or his designated representative will be the primary Government representative with regard to Government retained properties not part of this Agreement. i) Debris - Includes but is not limited to paper, cans, bottles, limbs, branches, pine straw, cones, leaves, rocks, and other similar items. j) Defective Service - A unit of service that contains one or more defect, service that is not in conformance with specified requirements, or service that has not been performed prior to scheduled completion time. k) Direct Material Costs - The actual vendor invoice charges for materials used for performance of work under this Agreement. Direct material costs will include transportation charges when such charges are included on the invoice by the vendor, as well as any discounts allowed for prompt payment. MCAS-Tustin Property Management Agreement Exhibit A. Section 1. Page 7 Revised 5-24-05 1) Facilities - Includes buildings, structures, weight handling devices and utility systems. m) Grass Cutting - Grass cutting shall include cutting and trimming of all grass, weeds, and other vegetation which are one inch or less in diameter (at ground level). n) Hazardous Waste (HW) - Any substance considered a hazardous waste under Code of Federal Regulations Title 40 Section 261, California Code of Regulation Title 22 Section 6626I.I26 Appendix X, and/or other applicable laws in accordance with federal, state and local laws. 0) Herbicides - Herbicides shall include all herbicides, pesticides and fungicides necessary for completion of work as described by this specification. p) Lavawav - The preparation of facilities for a period of inactivation prior to their disposal. Layaway generally includes: securing facilities to limit unauthorized entry, removing trash and debris, termination/reduction of utilities, preservation of selected equipment, and ensuring weather tight facilities to the extent practical. . q) Maintenance Level - Support services to be provided to facilities systems, and equipment during the period of Caretaker operations. There are three maintenance levels that relate to the three-layaway levels. Facilities with high reuse potential will require a higher level of maintenance and other facilities little maintenance if any. r) Monitoring - Operational visits to an equipment item or system that requires occasional adjustment and recording of performance data, including, but not limited to, soft water systems, boilers, and underground storage tank leak detection systems. s) Orig;inal Equipment Manufacturer (OEM) - The manufacturer of the complete production vehicle/equipment whether assembled from parts of its own manufacturer or from parts or components furnished by other manufacturers or a combination of both. t) Parcel - A given area of land that is to be maintained at a specified level of maintenance and is considered as a unit of work is defined as a single parcel. u) Preventative Maintenance (PM) - PM consists primarily of inspection, cleaning, lubrication, adjustment, calibration, and minor part and component replacement (e.g., filters, belts, hoses, fluids, hardware) as required to minimize: malfunction, breakdown, and deterioration of equipment. v) Pruning - Selectively removing unwanted growth to make a plant or tree grow or respond in a desired manner. w) Rebuilt Components/Assemblies - Components, assemblies, or subassemblies of equipment that have been disassembled and reconstructed using replacement or remanufactured parts as necessary and reassembled to produce a serviceable product whose service life expectancy is at least equal to the original component/assembly. MCAS-Tu,tin Pmperty Management Agreement Exhibit A, Section I, Page 8 Revised 5-24-05 x) Recurring Services - Services specified to be performed on a recurring, periodic or standing basis. These recurring services include, but are not limited to, preventive maintenance, watch standing requirements, operations and repair, and other services. y) Regular Working Hours - The City's regular working hours are from 7:30 p.m. to 5:30 p.m., Monday through Friday, except opposite Fridays when hours at 8:00 a.m. to 5:00 p.m., when the City offices are closed, and regular local, state and Federal holidays. The Caretaker works a 9 day, 80 hour schedule. That is, 7:30a.m. to 5:30 p.m., Monday through Thursday, 8:00 a.m. to 5:00 p.m. on alternating Fridays, except for Caretaker designated holidays. z) Service Calls - Work required to keep facilities and equipment in a condition that is consistent with established maintenance levels. Service calls are the method of initiating and performing work when recurring maintenance work is too far in the future to correct a deficiency. aa) Standard Operating Procedures (SOP) - Administrative manual defining routine and standard procedures for handling all situations and matters pertaining to all facility requirements and utilities maintenance operations. bb) Trimming - Cutting vegetation around trees, shrubs, cultivated areas, fences, poles, walls, sprinkler heads, valves, benches, and other similar objects is to be accomplished to rnatch the height and appearance of surrounding vegetation on the installation. 1.12 RECORDS, REPORTS, AND SCHEDULES The Caretaker will maintain management, operation, repair and maintenance records; and will prepare management, operation and maintenance reports and schedules. All records, reports, and schedules shall be assembled and submitted in accordance with Local, State and Government regulations and laws and copies made available to the City upon request. Where needed, Government submittal forms shall be procured by the Caretaker through the Government Printing Office or appropriate state agency logs and reports shall be provided to the City upon request. S:\RDAIMCASlAgreementsIACEPEX Exhibit A See I Requirements Stmt finaIdoe MCAS-Tustio Property Management Agreement Exhibit A, Section 1, Page 9 Revised 5-24-05 SECTION 2 TECHNICAL REQUIREMENTS 2.1 MAINTENANCEIINSPECTION SERVICES The Caretaker Management Contractor shall perform caretaker/property management services to buildings, facilities and miscellaneous systems and equipment in areas, as applicable, and as shown on Exhibit (TE)-I. Caretaker property maintenance services includes the management and inspection necessary to ensure continued weather tightness and security; protection from fire and vermin; safe and efficient operation of required utility systems until utilities can be transferred to purveyors or replaced with new utility backbone systems; and security fencing. Building and Land are located on approximately 989 acres and utilities include those identified in Section 1 and 2 of Exhibit A. The extent of repairs on buildings shall only be performed as necessary to keep the buildings protected from weather, safe, and secure, and not to make any improvements. No maintenance of buildings proposed for demolition will be required. 2.2 GENERAL REQUIREMENTS a) Standards - The standards for routine caretaker maintenance and inspection of facilities, are detailed in this section. A sample inspection checklist, based on the standards and maintenance level shall be produced by Caretaker and approved by the City for this use. The goal is to limit expenditures to the minimum necessary to prevent facility deterioration and preserve the potential for long-term facility reuse. The caretaker issues for closed facilities are diverse. It is expected that the Caretaker Management Contractor will employ prudent judgment and experience when applying maintenance and repair techniques and standards to specific activities, facilities and situations. The maintenance level definitions take into account the reuse potential of facilities and the projected length of the layaway period. Other factors affecting facility maintenance, which must also be considered, include the local climate, current facility age and condition, type of construction, funding levels, and labor availability. Labor, as well as, material and equipment costs for all work performed shall be tied to a specific budgetary line item to facilitate cost accounting and invoice review. b) Recurring (Scheduled) Services - Recurring work includes all services performed on a routine or scheduled basis. (1) Preventive Maintenance (PM). The Caretaker Management Contractor will schedule and perform routine PM inspections as provided in this Section which shall include those specific services in Exhibit A, Section 1 and 2 which require preventative maintenance (a) Technical Exhibits are provided to assist the Caretaker Management and perform routine PM inspections and as provided in this section. PM shall be performed as required herein, and will include all of the checkpoints and services indicated in this section and the technical exhibits. Contractor in developing PM schedules. OEM recommendations should also be used. (b) During the Phase-in period, the Caretaker Management Contractor will submit for City of Tustin review a PM schedule covering equipment systems and facilities. The Caretaker Management Contractor will maintain a database of the status of PM actions and requirements, MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 1 Revised 5/25/05 and will provide monthly summaries of work completed versus work scheduled, including explanations of variances. (c) The Caretaker Management Contractor will initiate service calls and document repairs made during 1 inspections that exceed the level of PM, or need further or specialized expertise to correct. (d) Records will be maintained on each item that requires PM. Records which will reflect periodic maintenance performed, including scheduled and accomplished dates, and any repairs made. Submit all reports, data, or other submittals required as part of PM. (For example, fire hydrant flow test results). The Caretaker Management Contractor will establish and maintain a central repository for maintenance documents for City of Tustin review. (2) Mechanical Equipment and Utilitv Space Logs. The Caretaker Management Contactor will establish and maintain an on-site record system for electrical and mechanical equipment associated with utility systems which include, but would not be limited to: pump stations, substations, metering stations, treatment plants, generators, cranes, and equipment rooms. As a minimum, the record system will contain a "log" for dated entries including time of entry, gauge/instrument readings relative to established parameters, work/inspection performed, problems observed, corrective action, and employee's initials. c) Service Calls - The Caretaker Management Contactor can initiate service calls because of recurring maintenance or other inspections that identify a need for work. Service calls with an aggregate cost in excess of $2,500.00 (labor and material) shall be approved by the City of Tustin prior to work start. Authorized City of Tustin staff members can also initiate service calls and instruct the Caretaker Management Contractor to respond. (I) General. Service calls may be issued to document and track the accomplishment of any services in this agreement. The estimated number of service calls is provided in TE -3, Projected Workload. (2) Service Call Reception. The Caretaker Management Contactor will maintain a work reception center to receive service call requests. A single local telephone number will be provided for receipt of all calls. Service calls will be classified as emergency service calls when the work requires immediate action to eliminate hazards that could endanger life or cause serious injury to personnel, prevent loss or damage to property, protect the environment or restore essential services. Service calls will be classified as routine service calls when the work does not qualify as an emergency. The work reception center wiJI classify all service calls and maintain active status until calls are completed. (3) Emergencv Service Call Response. The Caretaker Management Contractor will have procedures for receiving and responding to emergency service calls 24 hours per day, 7 days per week, including weekends and holidays. Response to emergency service calls will be immediate and corrective action to arrest an emergency will begin no later than one hour after receipt of the service call. The Caretaker Management Contractor will respond and arrest the emergency condition before departing the work site. If further labor and/or material are required to complete MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 2 Revised 5/25/05 the repair once the emergency is arrested, the service call will be completed as required for a routine service call. (4) Routine Service Call Response. The Caretaker Management Contractor will have adequate procedures for receiving and responding to routine service calls during normal working hours. Response to routine service calls will be within two working days of receipt of the call. Routine service calls will normally be completed within ten working days. (5) Work Control Functions. The Caretaker Management Contractor's work control system will be automated and will be capable of tracking the status of each service call, including: (a) Date and time call was received and service call completed. (b) Name and phone number of caller. (c) Description of required services and actual work completed (if different from original service call). (d) Method of accomplishment (in-house, sub-contract, direct purchase, etc.) (e) Classification of service calls (emergency/routine). (f) Description and cost of materials, parts and major equipment used. (g) Number of total labor hours expended per service call. (h) Daily status of all service calls whether open or completed. d) Miscellaneous Services (1) Utilitv/Equipment Outages. Planned utility outages will be scheduled at a time of minimum demand and disruption. In areas subject to the LIFOC between the City and Navy and where the Navy is conducting environmental clean-up, r~storation or testing, the Caretaker Management Contractor shall coordinate with the on-site CSO to ensure no negative irnpacts on the Navy's activities. Provisions of Exhibit A, Section I, paragraph 1.2 of the Agreement shall also be applicable. Approval must be obtained from the City of Tustin at least two working days prior to enacting any planned outage. All unplanned utility outages or significant equipment failures will be investigated by the Caretaker Management Contractor and a report of cause, corrective action, and future preventive measures will be provided to the City of Tustin within ten working days. (2) Utility Excavation Permits. Before any excavation is started, an excavation request will be completed by the Caretaker Management Contractor and approved by the City of Tustin. The Caretaker Management Contractor is responsible for marking utilities or for having utilities marked by the appropriate organization. Excavation is defined as digging or opening of an existing surface to a depth exceeding eight inches below the existing grade, including driving of poles or auger borings. Use the request form, shown in TE-6 or other City approved form. All MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 3 Revised 5/25/05 applicable items on the request application form will be filled in by the Caretaker Management Contractor and given to the City of Tustin in sufficient time to allow for review (3) Destructive Weather Plan. The Caretaker Management Contractor will provide required personnel, management, equipment, and material for destructive weather preparation and cleanup. The Caretaker Management Contractor will manage his work effort for destructive weather preparation and identify additional items of work necessary to minimize the damage incurred by destructive weather. The Caretaker Management Contractor will use prudent and efficient judgment in identifying these additional items of work. Destructive weather includes but is not limited to gales, rainstorms, flooding, earthquakes and wind. 2.3 HEATING AND AIR CONDITIONING SYSTEMS MAINTENANCE All heating and air conditioning systems have been secured according to Layaway requirements. No Maintenance is required. 2. 4 ROOFING SERVICES The Caretaker Management Contractor will perform limited roofing services on facilities not proposed for demolition and generally facilities will only receive service when ordered by the City of Tustin or when the Caretaker Management Contractor identifies specific circumstances in the field that need to be corrected or repaired to the extent necessary to prevent water damage and keep the building as weather protected as is practical. Repairs will be done in an economical manner, and improvements will not be made. a) Inspection - The Caretaker Management Contractor shall inform the City of any roofing circumstances that they identify in the field under their normal facility maintenance function that have signs of significant deterioration that is causing damage that is exposing a building to water damage or compromising safety. Inspections will be performed as scheduled or if leakage or damage is apparent. Roof drains, gutters, down spouts and other components shall be inspected. The Caretaker Management Contractor shall perform repairs, patching, and clean up as required. Damage over the limit of a service call shall be reported to the City of Tustin for repair approval. b) Repairs - Roof repairs shall be accomplished in a manner that is trade acceptable and as approved by the City of Tustin. Repairs shall be accomplished with materials that are compatible with existing roofing. Large or flat area work involves repair of existing roofs with Elastomeric Roof Coating (ERe) as the preferred method. Refer to the applicable ASTM for application and material requirements. Secondary or other methods of repair may be required. c) Service Calls - The Caretaker Management Contractor shall make all repairs to the roofing systems upon receipt of a service call as detailed in Section 2.2. MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 4 Revised 5/25/05 2.5 PEST CONTROL SERVICES The Caretaker Management Contractor shall perform Pest Control services to prevent damage and maintain health and safety standards in the facilities based on the level of maintenance. Pest Control services apply to all facilities included in this agreement. a) Personnel - All personnel who supervise the use and/or application of pesticides shall be certified as commercial applicators by the State of California in the appropriate category for the work being performed. b) Pesticides - Only EP A registered pesticides shall be used. Pesticides include insecticides, herbicides, rodenticides, fungicides, etc. c) Submittals - Prior to beginning work, the Caretaker Management Contractor will: (1) Have EP A label for each pesticide proposed for use. (2) Have MSDS for each pesticide proposed for use. (3) Have documentation showing State commercial certification status and categories for all personnel who will apply pesticides. (4) Notify City of Tustin of intended operations. (5) Provide pesticide use records in accordance with local, state and federal requirements. Properly completed forms shall be delivered daily to the CSO within 24 hours of chemical usage. d) Inspections Identify signs of pests, animals, and rodents existing causing damage or problems. A service order for removal or treatment shall be issued when the Caretaker Management Contractor deems it necessary. Also, after removal of the animal(s), or rodents, the point of entry to the building shall be closed to prevent further access. Rodenticides may be used for rat and mouse control if placed and monitored by a State certified individual as provided above. e) Animal Control - The Caretaker Management Contractor will remove animals. Captured animals will be taken to the local Animal Shelter. Dead or dying animals will be removed in accordance with local ordinances. Appropriate measures will be taken by Caretaker Management Contractor to eliminate odors caused by the presence of dead rodents or other animals. (f) Pest Treatment - The Caretaker Management Contractor shall provide treatment of ants, cockroaches, rodents and other pests when ordered by the City of Tustin or as needed to prevent damage to facilities. MCAS Tustin Property Management Agreement Exlribit A, Section 2 - Page 5 Revised 5/25/05 2.6 GROUNDS, ROADS AND SURFACE AREA MAINTENANCE The Caretaker Management Contractor shall perform within the Caretaker footprint property, grounds and surface area maintenance as required to maintain a respectable appearance in high visibility areas (as specified below), maintain roads safe and free of driving hazards, prevent fire hazard build up in landscaping and adjacent to facilities, control weeds and maintain closure markings on airfields and runways, or as ordered by the City of Tustin. a) Maintenance Levels - All areas covered under this Agreement will be maintained to the minimum extent possible for providing protection against fire and erosion. Projected workload is identified in TE-3. b) Notification of Insect and Disease Problems - During the performance of grounds maintenance the Caretaker Management Contractor shall report to the City of Tustin any evidence of disease, insect, or erosion problems at the time such conditions are first noticed. c) Herbicides (1) Oualifications. All work shall be under the supervision of a certified, licensed, and responsible individual and shall be performed in accordance with Federal, State, local and activity law and requirements. (2) Control Methods. The Caretaker Management Contractor shall use only herbicides registered by the Environmental Protection Agency. Use shall be in strict compliance with label directions for the control of the target vegetation. Herbicides selected, applications rates, and application techniques shall have prior approval ofthe City of Tustin (3) Applicator's Responsibilities. During the application and handling or use of herbicides, the Caretaker Management Contractor's State of California's licensed applicator shall give the job his personal supervision. The location and activity of the licensed applicator shall be made known to the City of Tustin. (4) Uncertified Personnel. Uncertified personnel who apply herbicides shall be under direct supervision ofthe individual that holds the State License. (5) Submittals. Prior to beginning work, the Caretaker Management Contractor will: (a) Have EP A label for each herbicide proposed for use. (b) Have MSDS for each herbicide proposed for use. (c) Have documentation showing State commercial certification status and categories for all personnel who will apply herbicide. (d) Notify City of Tustin of intended operations. (e) Provide pesticide use records in accordance with local, state and federal requirements. Properly completed forms shall be delivered to the City of Tustin within 24 hours of chemical usage. MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 6 Revised 5/25/05 - -------------- --- .--- --....------.---------------... d) Roads and Surfaced Areas (not including runwavs) -The Caretaker Management Contractor shall maintain and repair primary and secondary paved and surfaces areas (i.e., streets, roads, shoulders, driveways, open storage areas, gutters, cross roads, right of ways, parking lots, sidewalks, curbs, and any other base surfaced areas) in a safe and drivable conditions within the Caretaker footprint. The Caretaker Management Contractor shall ensure that the subject areas are functional without potholes, spalls, scaling, surface breaks, and major cracks that would interfere with usability and vehicular/pedestrian traffic. Striping, signage and herbicide application will be performed as a service call at the discretion of the City of Tustin. e) Street and Parking Lot Sweeping and Collections - The Caretaker Management Contractor shall sweep, remove, and properly dispose of debris from all streets, roads, and parking lots, at least semiannually during the fall and spring and at other times as determined needed by the City of Tustin. All areas shall be swept as necessary with equipment specifically designed for this purpose. f) Airfields and Runwavs - Landing strips, taxiways, shoulders, and other associated pavements are laid away at level 3 and shall be inspected and serviced as noted herein. (1) Grass cutting and trimming shall be in accordance with paragraph 2.6(g). (2) Runway closure markings shall be inspected to ensure they remain visible. Repair or replace as required. Notify the City of Tustin if replacement is required. g) Grass Cutting and Trimming - GrassedlVegetated areas shall be maintained within a height of approximately fourteen inches (14") and cut to a uniform height of approximately three inches (3"). These areas will not be irrigated. Adjustments to heights can be made with City of Tustin approval. Disking of open fields is recommended. Grass clippings shall not be windrowed or deposited in piles or clumps. Clippings shall be uniformly distributed over the mowed area. Prior to mowing, the Caretaker shall pick up, remove, and dispose all rubbish, debris, and trash (which includes but is not limited to leaves, rocks, paper, pine cones, and tree limbs) within the maintenance area, and all trash which is on or near shrubs, hedges, fences, and foundation walls. Trimming around trees, shrubs, cultivated areas, fences, poles, walls, sprinkler heads, valves, benches, and other similar objects is to be accomplished to meet safety and fire protection requirements. Debris generated by trimming operations which falls or is thrown on sidewalks, curbs, gutters, or streets; or is thrown on nearby sod shall be removed from the site the same day the trimming is accomplished. h) Service Call Work - The City of Tustin may request other services performed as Service Call Work. Work may include but not be limited to the following: Raking. Plant and Shrub Pruning. Tree Pruning and Tree Removal. Vegetation Removal. MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 7 Revised 5/25/05 Surface and Storm Drain System Service. Pavement Pothole and Crack Repairs. Road and Shoulder Maintenance. Field Mowing and Disking. Provide, Fill, and Place Sand Bags; Erosion Control as needed. 2.7 REFUSE COLLECTION AND DISPOSAL The work consists of performing collection, transportation, and disposal of refuse. The Caretaker Management Contractor shall perform all refuse services in accordance with City standards and as described in this section. The Caretaker Management Contractor shall collect and dispose of refuse, and other discarded wastes, resulting from City of Tustin and Caretaker Management Contractor operations. All work accomplished will conform to the requirements of all applicable Federal, State, and local regulations pertaining to environmental protection and occupational safety and health, and to the procedures and safety requirements as identified by the City of Tustin. Collections will be performed on a scheduled basis. The Caretaker Management Contractor shall be responsible for any permits or fees associated with disposal. a) Collection - Containers required for Caretaker Management operations provided by the City shall be strategically placed. Containers will be maintained clean. The Caretaker Management Contractor shall pick-up and clean-up all spillage of waste that occurs in the course of collection and disposal, including any spillage in route to the disposal sites and trash adjacent to containers. b) Policing - Trash and litter collection and disposal is the pick-up and removal of all loose material not compatible with a well-kept station. Areas for policing include all non-leased grounds and paved areas within the property boundaries. The Caretaker Management Contractor shall provide policing services during regular working hours. Caretaker Management Contractor using a vehicle configured to minimize damage to grounds shall perform policing. All Jitter, trash, dead vegetation, limbs, pine straw, and leaves in gutters shall be collected and disposed of by the Caretaker Management Contractor in accordance with the "Grass Cutting" paragraph above. c) Disposal - In accordance with City requirements material that is not salvaged, reused, or recycled by the Caretaker Management Contractor, shall be taken to a location pursuant to the City of Tustin refuse franchise agreement for recycling and diversion of waste from a landfill. Processing and disposal fees are the Caretaker Management Contractor's responsibility. MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 8 Revised 5/25/05 2.8 CUSTODIAL SERVICES The Caretaker Management Contractor shall perform custodial services any building they are assigned to occupy by the City and which will be used by the Caretaker Management Contractor in support of this Agreement. a) Work Control (I) Scheduled Work. The Caretaker Management Contractor will schedule custodial services in accordance with the frequencies specified herein and will submit a schedule to the City of Tustin. (2) Custodial Service Calls. In addition to the scheduled custodial services, the Caretaker Management Contractor will provide custodial services as service calls to keep their assigned areas safe, dry and to prevent staining or deterioration to floor surfaces. Unless specified otherwise, custodial service calls are classified as emergency calls. Service calls may cover all types of work including clean-up of water or debris caused by inclement weather, precipitation, wind, broken or leaking pipes, sinks, toilets, or drinking fountains, mud or water tracked through buildings, beverage spills, broken glass, excessive trash, and other occurrences requiring immediate correction. The Caretaker Management Contractor will also respond to requests for custodial service when areas near doors and in corridors become wet and dirty due to foot traffic during inclement weather, and will mop the areas to reduce safety hazards and prevent damage or deterioration to the floor surface. Historically, custodial service calls have been infrequent, with less than 10 per year. b) Hazardous Conditions - When hazardous conditions result from operations performed by the Caretaker Management Contractor, such as mopping and waxing floors, standing signs shall be provided and placed to èall the building occupants' and visitors' attention to the fact the area is affected by such hazard. Custodial employees shall not place mops, brooms, machines, and other equipment in traffic lanes or other locations in such manner as to create safety hazards. Appropriate, neat, well-kept signs to indicate "Danger", "Hazardous Floor", "Walk Left", or "Walk Right" as applicable, will be provided by the Caretaker Management Contractor. Signs shall be acceptable to the City of Tustin and will be displayed at all times in areas where cleaning operations in progress necessitate the use of any equipment or supplies, such as buckets, wires, ladders, water, wax, etc., which may cause a traffic obstruction or personnel hazard. Caretaker Management Contractor employees will interrupt their work at any time to allow passage of personnel, equipment, carts, etc. c) Electrical Safety - All electrical equipment used for custodial services shall be third-wire grounded and equipped with properly rated Underwriters Laboratory, Inc. approved 3-conductor electrical cord, permanently attached to the machine and equipped with proper fittings to be operated from corridor outlets. Electrical machines shall not exceed the rated capacity of the circuits from which they are operated. No equipment shall be unplugged from receptacles to accommodate Caretaker Management Contractor cleaning equipment. MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 9 Revised 5/25/05 2.9 UTILITY SYSTEM SERVICES The Caretaker Management Contractor shall perform utility maintenance, operation, repair and break-down services on systems owned by the City at the former MCAS Tustin to include electrical, storm drainage, sewer, water, and miscellaneous systems. Fire hydrants are to be treated as part of the water distribution system. Recurring maintenance inspection services will identify and report all system deficiencies. The Caretaker Management Contractor will arrest emergencies. Caretaker Management Contractor maintenance is performed on both laid away and active systems to ensure the safe and efficient operation of all utility systems. Repairs shall be performed as necessary to keep systems functional and safe in support of City of Tustin, and Caretaker Management Contractor operations, Department of Navy continuing environmental remediation activities in areas subject to LIFOC and to other federal government retained areas (i.e., Army Reserve site) and to sites to be conveyed by the Navy via public sale or public benefit conveyance. Consistent with Exhibit A, Section 1, paragraph 1.2., improvements will not be made or funded under this agreement. a) Water Distribution Svstems - The Caretaker Management Contractor is to provide labor and materials to sample, adjust and maintain the remaining functioning portion of the water distribution system (see TE-I2). Maintenance of the water system includes recurring work on the water distribution system. (1) A water-sampling plan, showing sampling frequency, locations, parameters for analyses, and any other pertinent data, is required for occupied areas. The California Department of Health Services requires one sample per week for each pressure zone within a distribution system, as well as a specific number of samples taken in accordance with population served. All test results will need to be recorded and any test results not meeting state regulations shall be reported to the City and additional sampling and testing will be required. This effort, as well as additional water main flushing will be provided by the Caretaker. (2) Water supply, to the extent practicable, will be maintained to all occupied buildings, other buildings as required for fire protection purposes only, and buildings or uses supporting Navy operations (i.e., remediation activities) and consistent with Exhibit A, Section I, paragraph 1.2.. (3) It will be necessary to periodically open fire hydrants or other lines to allow water to run through underutilized portions of the distribution system serving portions of the former MCAS Tustin and serving inactive buildings. Otherwise water may sit in the distribution system for so long that it is no longer adequately chlorinated. (4) The Caretaker Management Contractor will be responsible for obtaining all water tests/samples for systems and equipment. The Caretaker Management Contractor, in the course of work on this Agreement, will make recommendations that may help the operation of the domestic water supply system operated pursuant to this Agreement. (5) Perform required distribution system repairs as service calls and recurring work. Perform PM on equipment as necessary. MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 10 Revised 5/25/05 (6) The Caretaker Management Contractor will flush the fire hydrant system once per year, and maintain as necessary. If hydrants were installed with shut-off valves, this will include exercising the shut-off valve supplying each hydrant (7) Maintain certification testing on existing backflow preventers and cross connection controls as required by the California Department of Health Services, the County Health Department, and IRWD. Testing is required on an annual basis by an Orange County certified backflow tester. b) Sanitarv sewer svstem -The sanitary sewer system is described in TE 12. Only one lift station is operational. Maintènance of the sanitary sewer system includes all mains, laterals, and the lift stations. All lift stations will be monitored monthly for flow, accumulated fluid, and septic conditions. Annual inspection and hydoflushing of the system may be required including the three connections to the Orange County Sanitation District mains. (1) Perform required collection system repairs, whether operational or in lay-away status, as service calls and as recurring work. Perform PM on equipment as necessary. (2) Service sewage lift stations. Provide labor and material to service the sewage lift station as necessary. This will include routing flushing and vacuuming oùt of each station, inspecting electrical and mechanical equipment and upstream inlet piping. (3) Records shall be maintained for inspections and work performed. c) Storm svstem and drainage ditches - Maps of the MCAS- Tustin base storm sewer systems are available in the Technical Library. The Caretaker Management Contractor will inspect and maintain the Base storm water collection system to insure it remains operable over the term of the Agreement. Storm systems and ditches shall be maintained as required to prevent erosion and damage to roads, runways, tracks, and structures. Keep ditch banks free of debris, silt, and mud. Drainage structures such as culverts, inlets, and catch basins should be kept clean and at full efficiency to prevent flooding damage. Maintenance will include, but not be limited to, distribution lines, manholes, open culverts, and grills. Perform required collection system repairs as service calls. Maintenance of jurisdictional wetlands and protected areas is also part of this Agreement but requires sensitive care pursuant to the EIS/EIR (see TE- 13). The Navy is the permit holder for the Industrial Storm Water Permit with the state water board for those portions of the MCAS Tustin site that will be retained by Government. The Caretaker Management Contractor is responsible for ensuring that allieasees comply with the requirements of the permit and in some cases may inform the City and/or other leasees that they must have their own National Pollutant Discharge Elimination System (NPDES) permit. Caretaker Management Contractor is to perform all sampling and report to the City of Tustin as directed. d) Electrical distribution svstem - The Caretaker Management Contractor is responsible to operate, maintain, and repair the electrical distribution and service system as necessary. The system carries the current load. Refer to TE-12 for a description of the system. MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 11 Revised 5/25/05 (1) Work will include, but not be limited to, maintenance, normal repairs, and/or break-down or outage service on poles, guy wires, overhead lines or cables, cross arms, pole hardware, transformers, regulators, capacitors, batteries, devices, underground cables, duct lines, manholes, pot heads, circuit breakers, switch gear, outlets, fixtures, appliances, alarms, surge suppressers; and hazard, street, flood, security, obstruction, and emergency lighting. For all required operational electrical systems and devices, the Caretaker Management Contractor will perform inspections and maintenance in accordance with their PM schedule. Oil leaks will be reported to the City of Tustin and action will be taken to repair leaks or remove and/or replace equipment or devices. (2) The Caretaker Management Contractor will report emergency power outages and damages due to weather or accidents to the City of Tustin and act to make repairs within time limits specified for service calls. (3) The Caretaker Management Contractor will disconnect and/or reconnect primary or secondary feeders of the electrical distribution system, overhead or underground fused disconnect switches, street lighting fixtures, flood lighting systems or fixtures, security lighting systems and fixtures, devices, and electric service drops to buildings or equipment as necessary. e) Natural gas distribution svstem - The natural gas distribution system, as outlined in TE A-I2, and all gas heaters have been secured. No routine caretaker maintenance is required at this time but Caretaker Management Contactor shall respond to any emergency and will assist those doing work to have information regarding the location of inactive lines. 2.10 FIRE EXTINGUISHING SYSTEM MAINTENANCE AND REPAIR Fire extinguishing systems have been secured according to layaway requirements. 2.11 PERSONAL PROPERTY MANAGEMENT SERVICES The Personal Property Management Service for MCAS-Tustin includes the management and work execution resources necessary to maintain accountability of City of Tustin and federal government owned personal and plant property. This includes vehicles and heavy equipment. Property managed under this Agreement may have or may not have been conveyed to the City of Tustin or other requesting agencies. City of Tustin owned property transferred to it from the Navy may be used by the Caretaker Management Contractor to support City of Tustin caretaker operations. a) Furnished Property - A list of property and equipment (GFP/GFE) available to Caretaker Management Contractor for performing this agreement can be found in TE A-2. Equipment approved for use in support of this Agreement may not be taken off the installation when done so in support of this Agreement. b) Management of Personal Property - The Caretaker Management Contractor will manage functions related to the control and accountability of City and Navy owned personal and plant property (this includes personal and plant property furnished to Caretaker Management MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 12 Revised 5/25/05 Contractor for their use as well as the large volume of other property that will be subsequently disposed by the City), including storage, security, inventory, issue/receipt, and data base maintenance. c) Personal PropertY Management Plan - The Caretaker Management Contractor shall maintain a detailed "Personal Property Management Plan" including detailed information on the of personal property located in buildings within the City Service Area, addressing storage, security, inventory, issue/receipt, and data base maintenance processes. The Caretaker Management Contractor shall submit revisions to the Personal Property Management Plan to the City of Tustin within 30 days any disposition of Personal Property. d) Interim Use - Personal and plant property identified for Caretaker Management Contractor use is not authorized for interim use sub-custody. Other personal property remaining on MCAS- Tustin is not for use by the Caretaker Management Contractor. This property may be issued to lessees for interim use as approved, in writing, by the City of Tustin or sold by the City. Property not yet conveyed or sold by the City will remain on the Caretaker Management Contractor's Personal Property inventory and is to be retained on the installation. e) Inventorv - Property, regardless of value, will be itemized unless the Caretaker Management Contractor is directed otherwise by the City. Property sold, conveyed or transferred, or assigned for interim use by the City shall be accounted for in the Personal Property inventory. Property remaining in ownership by City or Navy will be protected. Any apparent loss or theft is to be reported to the City of Tustin immediately. Property will be inventoried on an annual basis as reflected in the Management Plan. The inventory shall be available for City of Tustin review. f) Reports and Schedules - When applicable, the Caretaker Management Contractor shall provide reports such as: Property damage/loss reports; Record of lost/found items; and Missing, Lost, Stolen, Recovered (MLSR) Reports. At least annually, the Caretaker Management Contractor shall provide a summary inventory report and assert that all property has been accounted for, controlled and inventoried as required by this Agreement. 2.12 SECURITY SERVICES. The City of Tustin will contract for separate security service as deemed necessary to protect the Caretaker footprint areas. Caretaker Management Contractor will only be responsible for oversight of the contract and acting on City of Tustin's behalffor monitoring this sub-contract. S:\RDAIMCASlAgreementsIACEPEX Exhibit A Section 2 Technical Requirementsfina1.doc MCAS Tustin Property Management Agreement Exhibit A, Section 2 - Page 13 . Revised 5/25/05 Technical Exhibit (TE) - 1 SeNice Area S:\RDAIMCASlAgreementsIACEPEX. Technical Exhibil(TE)-1.doc ~ ~ ,,~ .! :Y " ~ ; ~ ~ ~ ~ ~ ~ ~ ~ I -I.j I I. i í,' I >- 0- <C CJ§ ~ð! ~~¡ b)~ ::>~ I-~ ! ¡ --I I Technical Exhibit (TE)-2 ¡ Description Floodlight SlJI.I).ee¡;c¡:¡eroi<ee-;¡X¡- -- Truck. Pickup Compact 4x2, White Truck, Pickup Compact 4x2. White Stake Truck. White - Stake 1.5-Ton Truck, White Grinding Machine - Pipe Threader Pipe Threader p¡¡)effiie8der---- Pipe Threader Technical Exhibit (TE-2) MCAS TUSTIN Vehicle and Equipment List City Owned (Updated May 3, 2005) . Year Vehicle ID (lllfoit Location Dis/Josifion Make'! Model." FnJr./'isvyIDNo, I Vehicle and E ui ment Needed B 279599' NIA BLDG 530 Jeep--iCherokee 287301 1JRFJ28V3ML529878 I3WG530 Fo~Ran erCustom 288892 1 FTCR1 OU6NlJD61 096 BLDG530 Vehicles and E ui ment Not Needed B Caretaker 1992 IFord 1 Ranger cus~om 288917 1FTCR10U1NUD61121 BLDG 530 To Securitas 1986 GMC D.iesel60ÖÖ - 279804--. 1GTG6D1F3GV521668 . BLDG530 ToCityofTustln 1991~vý~rnational--.286829 - .-11HTSENLN9NH411245 BLDG212 ToCityofTustir;: -II.. I -~ . .341501XOO02~ - 0000F481-+--- ----:. BLDG568 ToCityOfTustin. . ' ---r- 341901XOO0350 ~82~j..~__._. BLDG568 ToCityofTustin .:::r- .1- -.t--.. I E.C.04478. 1- -. ~DG568 TOCitYOfTustin::,., 1. ~ 392923 "1 ..- BLDG 568 T() City ofTustin 1 I ACNO033L . BLDG 568 To City ofTustin Technical Exhibit (TE)-2 Page 1 Technical Exhibit (TE)-3 TECHNICAL EXHIBIT (TE)-3 PROJECTED WORKLOAD SUMMARY: The City, with this Technical Exhibit, is provided a guideline for the Caretaker Management Contractor's planning purposes since the City does not presume to know all of the issues that might arise in association with the scope of work anticipated with Exhibit A and the Consultant Services Contract. Workload projections shown below are based on historical data provided by the Department of the Navy and the Navy's caretaker experience, and are provided to assist the City's Caretaker Management Contractor developing their own technical execution plan and cooperatively developing a budgetary estimate with the City for services. SERVICE CALLS: Service calls may be performed for the accomplishment of any work tasking required by this Agreement. A concerted effort has been made to diminish or consolidate maintenance work requirements. All heating, air conditioning and utility systems have been secured in buildings of all levels of layaway. All elevators have been secured and tagged out. Housing has been secured. The majority of service call work is expected to be patching or repairing roofs, doors, windows, and fencing. The intent is to maintain the facilities as weather tight and secure as is reasonable. As identified in Appendix I, Section 2,2.2c, service calls exceeding $2,500 (labor and material) require advance approval of the CSO, but are to be considered and included in the Caretakers estimates. PROJECTED WORKLOAD: Projected workload includes, but not limited to the following: Line Item 1.0 -Facilities management, Administration & General Requirements (Performed as needed except where noted or detailed in this contract) 0 Project management of total work effort. 0 Monthly meeting at Tustin Legacy (former MCAS- Tustin). 0 Weekly meetings and management of contract. 0 E-mail and telephone communication. 0 Written correspondence. 0 Equipment ownership and maintenance management. 0 Inspection of base, QA & QC management of contracted items. 0 Contract negotiation. 0 Contract cost tracking. 0 Management of employees. 0 Response to requests from City of Tustin. 0 Response to requests from Developers, Environmental Engineers and others. 0 Administrative Support. 0 Database expense entries, material & labor. 0 Process accounts payable. 0 Monthly meeting minutes 0 Timesheet tracking 0 Records & filing Technical Exhibit (TE)-3 - Page I Revised 5-4-05 _.~_._._._._------ ---.- .------..---..----. --_... a Office supply procurement 0 Service Call Reception. 0 OCB order processing a Water test reports to City of Tustin a Correspondence (including e-mail) 0 Meeting schedules 0 Service desk 8 hours/day 5 days/week a Emergency Service Call reception/after hours and weekends 0 City workorder processing. a Initiation/coordinating a Tracking a Closing 0 Reporting 0 City digging permit processing. a Coordinating a Tracking a Closing a Reporting 0 Technical Publications Library 0 Caretaker and City use of maps and as-built drawings a Reproduction of drawings and facility data a Coordination of caretaker map check-out & check-in a Proper storage of prints 0 Print cataloging a Photograph copying to CD's for storage a Quarterly Summary/ Photo Report with Construction Progress 0 Administer Quality Control 0 Employee Oversight and Coordination a Training/Orientation of New Employees 0 Administer Environmental Operations Required of Consultant Under Agreement a Emergency Spill Response a Non-Interference with Government Operations Line Item 2.0 - Facility Maintenance & Inspection 0 Facility inspection requirements 0 Inspect buildings identified in TE-4 as "Reuse and Interim Reuse" on a monthly basis and after periodic storms to ensure continued protection. Identify and implement required maintenance actions plans to preserve and protect these buildings. 0 Inspect buildings identified in TE-4 as "Demo" on a semi-annual basis to ensure buildings are secure. 0 Inspect all other facilities, roads and above ground facilities semi-annually and maintain or secure as required. Line Item 3.0 - Grounds Maintenance 0 Grounds maintenance & related tasks. 0 Plan and schedule work, check results & adjust schedule a Operate equipment Once every week from I July to 31 Jan: 31 cuttings Technical Exhibit (TE)-3 - Page 2 Revised 5-4-05 0 0 0 0 0 0 0 0 0 0 Monthly from I Jan to 31 March: 4 cuttings Once every week from 1 April to 31 June: 13 cuttings String trimmer work around obstacles & blower operation Drive-by inspections of grounds and grounds related facilities Grounds maintenance & related tasks. Mowing (tractor with 15' wide or 6' wide mower) Operate equipment for mowing of weeds String trimmer work around obstacles & blower operation Drive-by inspections of grounds and grounds related facilities Operate pickup trucks (2), stake bed truck (I), other City owned trucks Performs environmental control & compliance with regulations Street cleaning (if required) is by blower operation 0 Coordinate janitorial, policing services & additional grounds work. 0 Assign policing of perimeter fence 0 Transport workers 0 Coordinate with security 0 Pick up trash bags & put in dumpster 0 Monitor grounds work, weed whacking, sidewalk cleanup, etc. 0 Provide truck, tools & power equipment 0 Equipment maintenance & repair, 0 Scheduling 0 Operator maintenance, cleaning, minor repairs & blade sharpening 0 Outsourcing & coordination 0 Preventative maintenance, fueling & fuel procurement 0 Parts purchase, parts pickup & delivery 0 Pickup trucks (2), stake bed truck (I), other City owned trucks 0 Emergency Service Call Response, communications & safety. 0 Receive request by cell phone, e-mail or fax, meet with requestor 0 Initiate workorder & request number, perform work, track & record hours 0 Perform environmental control, safety meetings & compliance with regulations 0 Conduct informal safety meetings, key control & locking of buildings 0 Photograph projects & process to City of Tustin 0 Coordinate with Navy environmental cleanup contractors 0 Workorders, City of Tustin. 0 Obtain approval from City 0 Initiate & request workorder numher 0 Obtain materials 0 Track & record hours 0 Perform work 0 Complete reporting requirements Reporting, 0 Apprise Assistant Project Manager & City of daily status 0 Daily time sheets 0 Weekly schedule 0 Material expenses 0 Copies of delivery tickets 0 Workorder status & completion reports 0 Respond to requests. 0 Service calls, on-site Supervisor 0 City representatives 0 Project Manager 0 Attend meetings 0 Custodial policing 0 Coordinate activities on-site 0 0 Provide engineering support. 0 Technical information for employees & City 0 Project scope of work & design involvement Technical Exhibit (TE)-3 -- Page 3 Revised 5-4-05 ----,-_._- --------.------- --"----'-"---' ------. 0 Update fire hydrant flushing list upon parcel transfer, Developer parcel work alignments & building list revisions Coordination with Navy cleanup activities Update Spill Contingency & Hazardous Materials Response Plan. 0 0 0 Write and administer contracts for vendors and subcontractors. 0 Water testing contract 0 Annual backflow testing, repairs & certification 0 Custodial, policing & temporary grounds labor 0 Special refuse collection 0 Welding & other one-time procurement actions 0 Utilities repairs 0 Perfonn estimating & analysis tasks. 0 Contract Quality Control analysis 0 Contract cost control & review of monthly invoices to the City of Tustin 0 Grounds equipment perfonnance & operationàl costs 0 Equipment maintenance forecasting & equipment depreciation 0 Potential moving costs 0 Tustin Base contract cost monitoring & forecasting 0 Safety. 0 0 Attend infonnal safety meetings Cleaning of work area Line Item 4.0 - Utilities Systems Service 0 Annual Water system flushing & power switching as needed. 0 Open & close water system valves 0 Maintenance worker assistance 0 Schedule fire hydrant flushing 0 Open & close fire hydrants 0 Turn power off and on 0 Annual backflow testing and certification. 0 Obtain IRWD (blank) certification reports from City 0 Schedule certifier 0 Supervisor to accompany certifier 0 Certifier to fax report to lRWD 0 Certifier to mail original report to consultant 0 Consultant to fax copy of report to City 0 Utilities assistance. 0 Assist with water valve turning 0 Assist with fire hydrant flushing 0 Assist with repairs of water leaks 0 Open & close water system valves. 0 Inspect all operating sewer lift stations monthly and maintain as required. 0 Inspect all other accessible above ground facilities semi-annually to ensure that facilities are secured. 0 Weekly utility meter reading. 0 Read utility meters 0 Utility meter reading database maintenance 0 Utility usage analysis based on meter readings 0 Utility file storage 0 . Management of City utilities to include: 0 Analyze utilities usage & billing (electrical & water) 0 Update utility system status, accounts, meters, sewer & septic tank usage 0 Analysis of water testing lab reports 0 Utilities repairs, inventory & distribution (electrical & water) Technical Exhibit (TE)-3 - Page 4 Revised 5-4-05 0 Assist the City of Tustin in transferring utilities Line Item 5.0 - Personal Property 0 List of personal property 0 Maintain existing list of personal property inventory 0 Provide copies of inventory items upon request Line Item 6.0 - Drainage Channel Maintenance 0 Maintenance of drainage systems. 0 Cutting/Mowing 0 Periodic drive-by inspections during storms Line Item 7.0 - Street and Road Maintenance 0 Periodic informal drive-by inspections of streets and roads. 0 Inspect annually 0 Record safety hazards and potholes 0 Make repairs as needed (under $2,500) or approved by the City Line Item 8.0 -Security 0 Emergency Service Call response (City property). 0 Repair/re-secure perimeter fence/gates as needed 0 Board up broken windows on City buildings 0 Re-Iock doors/gates within City property. S:\RDAIMCASlAgreementsIACEPEX 2005 TECHNICAL EXHIBIT(TE)-3.doc Technical Exhibit (TE)-3 - Page 5 Revised 5-4-05 Technical Exhibit (TE) - 4 -----------.------------------. ---- -- -----.-"'---. ---------.-- TECHNICAL EXHIBIT TE-4 MCAS TUSTIN BUILDING GUIDE Levell = Interim Reuse/Reuse Level II = Demolition BLDG YEAR AREA PARëË[ PROPOSED/Actual NO. BUILT' /SF" PREVIOUS USE NUMBER PROPOSED USE DISPOSITION DISPOSITION 93 15,172 Bachelor Officers Quarters 22 Communit Park Cit of Tustin Interim Reuse 128 Softball Diamond #1 22 Communi Park Cit ofTustin Demo 131 Football Field 22 Communit Park Clt of Tustin Demo 142 3,072 Picnic Shelter 22 Communit Park Cit ofTustin Demo 143 Barbenue Pit 22 Communit Park Cit ofTuslin Demo 144 Volleyball Court 22 Communi Park Cit ofTustin Demo 145 Basketball Court 22 Communi Park Cit ofTustin Demo 146 Barbeoue Hut 22 Communil Park Cit ofTustin Demo 148 Soccer Field 22 Communit Park Cit ofTustin Demo 150 Racnuetball Court 22 Communi Park Citv of Tustin Demo 162 245 Public Toilel-Plavoround 22 Communi Park Citv of Tustin Demo 163 245 Public Toilet-Football Field 22 Communit Park Citv ofTustin Demo 164 Combat Ten Pool 22 Communil Park Citv of Tustin Demo 202 Tennis Courts 22 Communi Park CitvofTustin Demo 208 Softball Diamond #2 22 Communi Park Cit ofTustin Demo 216 1,722 Indoor Handball Courts 22 Communit Park Cit ofTustin Demo 221 4,200 Physical Fitness Center 22 Communi Park Cit ofTustin Demo 256 9 Flannole rl ht.a-wavi 22 Communitv Park Cit ofTustin Demo 575 153 Hazardous Waste Storaoe #6; 17SY 22 Communitv Park Cit ofTustin Demo C.3 6552 Snec. Svcs. HQ/Admin./Y Ctr. 22 Communitv Park Cit ofTustin Demo C-4 7548 Officer's Club 22 Communitv Park Cit ofTustin Reuse 547 1990 13.120 Child Care Center 19 Dav Care Cit ofTustin Reuse 172 2,520 Bulk Fuel 1 Red Hill Site Cit ofTustin Demo 213 35,424 Bachelor Enlisted Quarters 1 Red Hill Site Cit of Tustin Demo 218 10.384 Enlisted Club 1 Red Hill Site Ci ofTustin Demo 278 1984 622 Basketball Court #1 1 Red Hill Site Cit of Tustin Demo 279 444 Volleyball Court #1 1 Red Hill Site CitY of Tustin Demo 538 53.240 Bachelor Enlisted Quarters 1 Red Hill Site Citv of Tustin Demo 549 1989 933 Mechanical Room 1 Red Hill Site Citv of Tustin Demo 563 1965 Sewer Meter Vaull 1 Red Hill Site Citv of Tustin Demo 77 9 Flaooole ri ht-a-wavl 1 Ri ht-of-Wav Citv of Tustin Demo 545 1989 91 Sentrv Booth 40 Ri ht-of-Wav CitvofTustin Interim Reuse Vacant Vanous ri ht.a.wav areas 40 Ri ht-of-Wav Ci ofTustin Interim Reuse 29 1943 298,188 Hannar 16 Master Developer Site Shea/Centex Reuse 39 Wind Direction Indicator 28 Master Develooer Site Shea/Centex Demo 149 1963 517 Vehicle Grease Rack 16 Master Developer Site Shea/Centex Demo 174 1967 1,240 Weldino Sho 16 Master Develoner Site Shea/Centex Demo 175 1967 384 Parts Storane 16 Master Develooer Site Shea/Centex Demo 176 1967 9.760 Office/Classroom 4 Master Developer Site Shea/Centex Demo 180 1967 1,050 Line Maintenance Shack 14 Master Develooer Site Shea/Centex Demo 181 1967 1,400 Line Maintenance Shack 14 Master Developer Site Shea/Centex Demo 186 1970 10,765 Vehicle Maintenance Shoo 28 Master Develooer Site Shea/Centex Demo 187 1970 1,200 Paint & Blastinn Shon 16 Master DevelODer Site Shea/Centex Demo 195 1970 Acft Direct Fuelino Station 8 Master Develo er Site Shea/Centex Demo 196 1970 Acft Direcl Fuelinn Station 8 Master Develo er Site Shea/Centex Demo 197 1970 Acft Direct Fuelina Station 8 Master Develo er Site Shea/Centex Demo 198 1970 Acft Direct Fuelino Station 8 Master Develo er Site Shea/Centex Demo 204 1982 Sewane Pumn Sta Her 29 16 Master Develo er Site Shea/Centex Demo 212 1972 3,700 Warehouse (elecUcom 7 Master Develo er Site Shea/Centex Demo 219 1976 384 Enui ment Storane 7 Master Develo er Site Shea/Centex Demo 229 1960 755 Acft Washrack 14 Master DeveloDer Site Shea/Centex Demo 233 1968 960 Vehicle Washrack 16 Master DeveloDer Site Shea/Centex Demo 237 1967 39 Transformer Pad 4 Master DeveloDer Site Shea/Centex Demo 243 30,000 Fillin Sta-30K Gal-CO-6 Navv 16 Master DevelODer Site Shea/Centex Demo 244 1981 1,000 Fllnht Line Shack 14 Master DeveloDer Site Shea/Centex Demo 255 1984 700 Refueler Administration 8 Master Develo er Site Shea/Centex Demo 265 1984 300 Hazardous/Flam Locker 16 Master Develo erSlte Shea/Centex Demo 266 1984 300 Hazardous/Flam Locker 16 Master Develo erSite Shea/Centex Demo 507 1985 228 Vehicle Washrack Buildino 16 Master Develo er Site Shea/Centex Demo 514 1986 1,800 Stora e Shed 16 Master Develo er Site Shea/Centex Demo 515 1986 1,800 Storaoe Shed 16 Master Develo er Site Shea/Centex Demo 525 1988 45,890 Hanoar 5 Master Develo er Site Shea/Centex Demo 527 1988 2,000 Flinht Line Shelter 4 Master DeveloDer Site Shea/Centex Demo Technical Exhibit (TE)-4 Page1of3 TECHNICAL EXHIBIT TE-4 MCAS TUSTIN BUILDING GUIDE Levell = Interim Reuse/Reuse Levelll = Demolition BLDG YEAR AREA ~ PROPOSED/Actual NO. BUILT' ¡SF)' PREVIOUS USE NUMBER PROPOSED USE DISPOSITION DISPOSITION 528 1988 4.935 Office admin buildina) 7 Master DeveloDer Sile Shea/Cenlex Demo 529 1988 15,000 Warehouse sunnlv buildina' 7 Master Develoner Site Shea/Cenlex Demo 530 1988 5.029 Industrial com/maint buildinn' 7 Master Develo er Site Shea/Centex Demo 531 1988 800 Weather Annex 4 Master DeveloDer Site Shea/Centex Demo 532 1988 192 Generator Buildino 4 Master Develooer Site Shea/Centex Demo 534 1988 Crash Crew Burn Pit 16 Master Develo er Site Shea/Centex Demo 535 1988 8,496 Aircraft Washrack 5 Master Develo er Site Shea/Centex Demo 536 1988 672 Washrack Utilitv Buildin 5 Master Develo er Site Shea/Centex Demo 540 1989 5,000 GI Hazardous Waste Storaae Tank 28 Master DevelD er Site Shea/Centex Demo 541 1989 Pumo Station #1 28 Master Develo er Site Shea/Centex Demo 542 1989 Pumo Station #2 28 Master Develo er Site Shea/Centex Demo 543 1989 7,065 Acft Rinse Facilitv 14 Master Develo erSite Shea/Centex Demo 551 1984 1.000 Washrack Buildinn 14 Masler Develo erSite Shea/Centex Demo 552 1973 162 Transfarmer Pad 8 Master Develo erSite Shea/Centex Dema 562 1990 2,363 Warehouse 16 Master Develo erSite Shea/Centex Dema 566 1988 1,760 Lube Rack 7 Master DevelD erSite Shea/Centex Demo 567 1990 2,400 Hazardous Waste Storace Pad 28 Master DevelD er Site Shea/Centex Demo 569 1992 700 FPN-63 PAR Sile 16 Master Develo er Site Shea/Centex Demo 570 1991 144 Hazardous Waste Stara e #1: 16SY 7 Master Develo erSite Shea/Centex Demo 571 1991 81 Hazardous Waste Stora e #2: 9SY 4 Master Develo er Sile Shea/Centex Demo 572 1991 153 Hazardous Waste StDra e #3: 17SY 4 Master Develaner Site Shea/Centex Demo 583 1991 198 Hazardous Waste Stora e #14; 22SY 14 Master Develooer Site Shea/Centex Demo 584 1991 153 Hazardous Waste Stora e #15: 17SY 16 Master DeveloDer Site Shea/Centex Demo 587 1991 153 Hazardous Waste Stora e #18: 17SY 16 Master Develooer Site Shea/Centex Demo 588 1991 81 Hazardous Waste Stora e #19; 9SY 16 Master Develo er Site Shea/Centex Demo 589 1991 153 Hazardous Waste Stora e #20; 17SY 16 Master DeveloDer Site Shea/Centex Demo 590 1991 99 Hazardous Waste Stora e#21;11SY 27 Master Develo er Site Shea/Centex Demo 592 1992 180 Generator Pad 16 Master Develo erSite Shea/Centex Demo 596 1992 200 Hazardous/Flam Mati Locker 27 Master Develo erSite Shea/Centex Demo 598 1992 200 Hazardous/Flam Mall Locker 14 Master Develo er Site Shea/Centex Demo 600 1992 400 Hazardous/Flam Mati Locker 7 Master Develo er Site Shea/Centex Demo 601 1992 100 Hazardous/Flam Mati Locker 4 Master Develo erSite Shea/Cenlex Demo 604 1984 AN/GMQ-13 Transmiller 16 Master Develo er Site Shea/Centex Demo 605 1984 AN/GMQ-13 Receiver 26 Master Deveio erSite Shea/Centex Demo 606 1992 AN/FPN-63 MTI Reflector 27 Master Develo erSite Shea/Centex Demo 607 1984 AN/UMQ.29 16 Master Develo erSite Shea/Centex Demo 608 1984 AN/GMQ-10 Transmiller 16 Master Develo er Site Shea/Centex Demo 609 1984 AN/GMQ.10 Receiver 16 Master Develo erSite Shea/Centex Demo 610 1985 Generator Washrack 7 Master Develo erSite Shea/Centex Demo 611 1985 225 Hazardous Material Storane 7 Masler Develo erSite Shea/Cenlex Demo 6168 Sewaae Puma Station #1 Hsa, 29 Master Develo erSite Shea/Centex Demo 23A 1942 1,370 Bunker 28 Master Develo er Site Shea/Centex Demo 23B 1942 1,370 Bunker 28 Master Develo er Site Shea/Centex Demo 23C 1942 1,370 Bunker 29 Master DeveloDer Site Shea/Centex Demo 23D 1942 1,270 Bunker 29 Master Develoner Site Shea/Centex Demo 23E 1942 206 Bunker 30 Master Develooer Site Shea/Cenlex Demo 23F 1942 2,520 Bunker 29 Master DeveioDer Site Shea/Centex Demo 29A 1943 941 Sioraoe 16 Master DeveloDer Site Shea/Centex Demo 3000T 1992 10,800 Frest Admin/Classroom 16 Master DeveloDer Site Shea/Centex Demo 40A 233 Haz, Storaoe 16 Master Develoner Site Shea/Centex Demo 40B 1942 233 Stora e 16 Master Develo er Site Shea/Centex Demo 182 1967 1,050 Line Maintenance Shack 12 Retail Solicitation Vestar Site Demo 205 1967 Sewaoe PumD Station 12 Retail Solicitation Vestar Site Demo 220 1977 675 Enoine Test Cell Administration 12 Retail Solicitation Vestar Site Demo 231 1968 4,022 Enaine Test Cell Pad 12 Retail Solicitation Vestar Site Demo 241 117 Transformer Pad 12 Retail Solicitation Vestar Site Demo 250 1984 66,976 Warehouse 12 Retail Solicitation Vestar Site Demo 267 1984 150 Hazardous/Flam Locker 11 Retail Solicitation Vestar Site Demo 269 1984 270 GSE Loadino Rama 12 Relail Solicitation Vestar Site Demo 273 1987 2,974 En ine Test Cell 12 Retail Solicitation Vestar Site Demo 508 1985 684 Aircraft Washrack Buildina 10 Retail Solicitation Vestar Site Demo 517 1985 900 Aircraft Washrack 10 Retail Solicitation Vestar Site Demo 520 1987 63,289 Hanaar 10 Retail Solicitation Vestar Site Demo Technical Exhibit (TE)-4 Page 2 of 3 TECHNICAL EXHIBIT TE-4 MCAS TUSTIN BUILDING GUIDE Levell = Interim Reuse/Reuse Level II = Demolition BLDG YEAR AREA ~ PROPOSED/Actual NO. BUILT" (SF)' PREVIOUS USE NUMBER PROPOSED USE DISPOSITION DISPOSITION 537 1987 35,717 Industrial ennlmaint shonl 12 Retail Solicitation Vestar Site Demo 544 1989 2,005 Restroom Facilit 12 Retail Solicitation Vestar Site Demo 546 1989 1.755 Electrical/Storane Room 12 Retail Solicitation Vestar Site Demo 555 1990 4.025 Mechanical Buildin 12 Retail Solicitation Vestar Sile Demo 556 1990 3,840 Hazardous/Fiam Storane 11 Retail Solicitation Vestar Site Demo 558 1990 Fuel Island 12 Retail Solicitation Vestar Site Demo 559 1990 468 LoadinQ Ramn 12 Retail Solicitation Vestar Site Demo 560 1990 1,089 Vehicle Wash rack 12 Retail Solicitation Vestar Site Demo 565 1989 41,472 Tactical Van Pad CoriiDfex 12 Retail Solicitation Vestar Site Demo 568 1990 19,680 Offices 12 Retail Solicitation Vestar Site Interim Reuse 581 1991 198 Hazardous Waste Stora e#12;22SY 10 Retail Solicitation Vestar Site Demo 582 1991 99 Hazardous Waste Stara e#13;11SY 12 Relail Solicitation Vestar Site Demo 585 1991 99 Hazardous Waste Stara e#16;11SY 12 Retail Solicitation Vestar Site Demo 586 1991 153 Hazardous Waste Stara e #17; 17SY 12 Retaii Solicitation Vestar Site Demo 591 1991 396 Hazardous Waste Stora e #22; 44SY 12 Retail Solicitation Vestar Site Demo 593 1990 Sewer Lift Station 12 Retail Solicitation Vestar Site Demo 595 1991 Sewer Lift Station 11 Retail Solicitation Vestar Site Interim Reuse 597 1992 100 Hazardous/Flam Mati Locker 12 Retail Solicitation Vestar Site Demo 599 1992 100 Hazardous/Flam Matt Locker 10 Retail Solicilation Vestar Site Demo 6169 Sewaae Pumn Slation #2 11 Retail Solicitation Vestar Site Demo Notes: "Year built and square feet if readially available without searchin9 as-built drawin9s. Technical Exhibit (TE).4 Page 3 ot 3 Technical Exhibit (TE) - 5 TECHNICAL EXHIBIT(TE)-S PUBLICATIONS, REFERENCES. AND TECHNICAL DOCUMENTS Publications, references, and technical documents listed here are used in determining standards to which the Caretaker will be held accountable when performing work under this Agreement. PUBLICATION SOURCES: ASME Publications are available from American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017 Militarv and Federal Specifications, Militarv Handbooks, NA VFAC Operation and Maintenance (MO) Manuals, and OPNA V Instructions are available from DODSSP, Subscription Services Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094. Government activities must use the MILSTRIP ordering system using stock numbers obtained from NA VSUP Publication 2002. NFP A 58, Storage and Handling of Liquefied Petroleum Gases; available from the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. 41 CFR Subpart 101-47.4. Management of Excess and Surplus real Propertv, available from the General Services Administration, Washington, Dc. EM 385-1-1. Safetv and Health Requirements, u.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120. 29 CFR 1910. Occupational Safetv and Health Standards (General Industry), U.S. Department of Labor, OSHA Publications, 200 Constitution Avenue, N.W., Room S-1212, Washington, D.c. 20212. Telephone (202) 523-6138. Also available from OSHA Regional and Area Offices and from the Superintendent of Documents. REFERENCES: . 29 CFR 1910, Occupational Safety and Health Standards (General Industry) . ASHRAE Hand Books . ASME Boiler and Pressure Vessel Codes: Vols. I, IV, VI, VII, and VIII Div. I & II . ASTM C920-79, Elastomeric Joint Sealants . Clean Air Act Amendment of 1990 . DaD REG 5200.2-R, DOD Personnel Security Program Regulation . DODINST 4150.7, Subj: DaD Pest Management Program . Fed. Spec TT-S-001543, Silicon Rubber caulking compound . Federal Solid Waste Disposal Act, PX 89-272, as amended by PL 94-580 Technical Exhibit (TE)-5 - Page 1 MIL-HDBK-l130, Inactivation, Caretaker Maintenance, Reactivation, and Closure of Shore Facilities . MIL-L-21260 Lubricating Oil, Internal Combustion Engine, Preservative and Break-In . NA VFAC MDlDD.l, Natural Resources Land Management . NA VFAC MO-IO2, Maintenance and Repair of Surfaced Areas . NA VF AC MO-l 02. I, Asphalt Surfaced Roads and Parking Lots . NAVFAC MO-1O2.5, Asphalt Crack Repair . NA VFAC MO-l02.7, Concrete Pavement Repair . NA VF AC MO-327, Facility Support Contract Quality Management Manual . NA VFAC MO-913, Historic Structures Preservation Manual . NA VF AC MO-114, Building Maintenance - Plumbing, Heating, and Ventilation . NA VF AC MO-l 15, Building Maintenance - Air Conditioning and Refrigeration . NEESA 20.2-028B, PCB Program Management Guide . OPNA V 5090. I Environmental Protection and Natural Resources . OPNA VIST 5090.1A, Environmental and Natural Resources Program Manual . OPNA VINST 5530.14, Physical Security and Loss Prevention Manual . OPNA VINST 6250.4A, Pest Management Programs Resource Conservation and Recovery Act of 1976 and 91-512 . Resource Recovery Act of 1970 . SECNA VINST 5500.4E, Reporting of Missing, Lost, Stolen or Recovered (MLSR) Government Property . Solid Waste Handling Permit U.S. Army Corps of Engineers Technical Digest No. 84-1, March 1984, Pothole Repair Guide mcaslag,eementsltech exh-5.doc Technical Exhibit (TE)-5 - Page 2 Technical Exhibit (TE) - 6 (N ot a part of Contract) Technical Exhibit CfE)- 7 1.0 2.0 3.0 4.0 Technical Exhibit (TE)- 7 Quality Control Plan (QCP) Plan Purpose The purpose of the QCP is to assure that all services, equipment, workmanship, fabrication, construction, operations, and related materials comply with the Agreement documents, trade standards, environment and safety. Quality Control personnel will take such steps as may be necessary to ensure that each service, item of material or equipment, and the installation thereof meets with contractual requirements. The QCP does not exclude field inspections by the City of Tustin within the LRA'sjurisdiction and makes the LRA responsible for any noncompliance of work or materials. The plan covers work accomplished by the LRA and work accomplished by subcontractors. This QC plan has been prepared in accordance with acceptable Navy standards and guidelines. (Ref.: FAR 52.246-4 "Inspection of Services - Fixed Price". Standards for quality are established by SOPs, federal, state, and local regulations and codes.) This plan may be updated by modifications at various times during the tenn of the Agreement. Such modification will be submitted in writing to the City of Tustin and adopted subject to approva1. Quality Control Personnel Quality Control Manager: The QCM is Mr. Henry Rhee. As overall representative for ACEPEX, Mr. Rhee assumes responsibility for all QC management functions. Outside Support At the time of publication, ACEPEX has not specifically identified outside organizations that would be utilized to support the QC program. Where regulations require independent verification or full time inspections, ACEPEX may also utilize outside resources to satisfy such a requirement. Responsibilities and Authorities Responsibilities and authorities of project personnel involved in the quality control function are described in the paragraphs that follow. 4.1 Project Manager (QCM) Below are the main responsibilities of the QCM: ----- --- ---- -----"-- --------- --- --------_u_------------'"--- u.-- -"---- 4.2 Ultimately responsible for all contractual conformance and requirements, which include the quality of services provided on the project. Delegates a proportionate share of responsibility to staff, sub-consultants and lower-tiered sub-contractors within the functional area. Functional authority and responsibility for QC is assigned to the QCM. Emphasis on management participation in the QCP is based on the recognition that direct management involvement is a strong motivator and the best assurance of success. To establish this responsibility on the project management team, the QCM: . Ensures adherence to QC policies . Maintains awareness of contract performance . Establishes and heads employee quality indoctrination and awareness programs . Reviews performance summaries to identify adverse trends . Reviews the status and adequacy of the QC Program Quality Control Manager (QCM) The QCM is the manager of this contract QC Program. He is responsible for the implementation of the QC program and ensuring that all QC contractual requirements are fulfilled. He provides direction pertaining to all QC activities. The QCM's responsibilities span the entire process from the initiation of a work item to warranty execution. The responsibilities and authority include any inspections; professional services or other measures, which he feels, are necessary to ensure proper Qc. The QCM has the authority to stop work and demand corrective actions. Corrective actions may include the demolition of completed work or the changing of subcontractors. Work stoppage may be necessary for either quality or safety reasons, or the subcontractor's inability to progress in a timely manner. The QCM is the official ACEPEX spokesperson on all QC matters and has the authority to act on the behalf of ACEPEX. The QCM's primary responsibilities include: . Develop the QCP and direct and coordinate QC activities Initiate and/or distribute Corrective Action Reports (CARs), Customer Complaints (CCs) and other indications of poor or incomplete work . Oversight of any submittal processes Technical Exhibit (TE)-7 Page 1 5.0 . Establish and implement corrective action procedures . Investigate CCs Conduct monthly QC meetings . Maintains QC files . Prepare and submit QC reports to Caretaker 4.3 Quality Control Inspectors (QCls) Quality Control Inspectors are the QCM and anyon-site Supervisor assigned by ACEPEX to the site primarily concerned with performing quality checks on the work performed by technicians and/or sub-contractors. These responsibilities include: . QC service call and Indefinite Quantity work QC subcontractor operations . QC of pre-existing subcontractor sork . Investigation ofCCs . Preparation of QC reports . Inspection of work documentation, including as-builts, personnel, material used, etc. . Ensures accurate and complete work at a level of quality consistent with the contract requirements . Ensures operating services are in compliance with contract requirements Coordination and Mutual Understanding Meeting The QCM and anyon-site Supervisor assigned to the site by ACEPEX will, as soon as practicable after execution of the Agreement and before start of work, meet with the City's representative to discuss our Quality Control Program (QCP). During the meeting, a mutual understanding of the system detai1s will be developed, including the forms for recording the QC operations, control activities, testing, and administration of the system for both on-site and off-site, and the interrelationship of the LRA and its management control and inspections. We recognize and support the requirement to attend subsequent conferences to reconfirm understandings or resolve any misunderstandings. Technical Exhibit (TE)- 7 Page 2 6.0 7.0 Surveillance Techniques and Inspections The QCM / Inspector will utilize SOPs and checklists designed to ensure compliance with all Agreement performance requirements. Checks will be accomplished on both a scheduled and unscheduled basis. A system of either 100% or 10% random sampling will be applied, based on the nature of the items or areas to be inspected. Checklists will be designed to detect faults in procedures, paperwork, utilization of tools/test equipment, and to otherwise focus on all principal potential areas of nonconformance. 6.01 Inspections 6.0.1.1 The QCM or on-site supervisor shall inspect 100% all Indefinite Quantity (IQ) work. 6.0.1.2 The QCM or on-site supervisor shall inspect 100% all Preventative Maintenance (PM) work. 6.0.1.3 The QCM or on-site supervisor shall inspect 10% of all Service Calls. 6.0.1.4 ACEPEX will utilize various tools to assist in standardizing inspections and ensuring that inspections are consistent, and that criteria remain the same from month to month. 6.02 Inspection procedures shall: Identify Deficiencies. . Document Deficiencies. Determine Corrective Action. Prevent recurrence of the deficiency Standard Operating Procedures (SOPs) In inspection of on-going service type work, we will rely on a combination of scheduled and no-notice inspections by the QCM or on-site Supervisor. In conducting inspections, ACEPEX will use both random sampling and 100% compliance inspections. Although random sampling will be the usual method, ACEPEX will use the 100% inspection approach for requirements that occur infrequently, are of a critical nature, or have a particular City interest. The results of all inspections as well as corrective action taken will be maintained in the Site Office and will be available for review at any time. Technical Exhibit (TE)-7 Page 3 8.0 Each SOP will incorporate the job standards of the work being performed and ensure conformance to the listed specifications in Appendix I, Sectinol and 2 ofthe Agreement. 7.01 Checklist are developed as an integral part ofthe SOPs. 7.02 Checklists will be developed for all major Preventative Maintenance (PM) functions in sufficient depth to ensure that performance requirements are met. 7.03 Checklists will: . Identify specific tasks to be inspected. Indicate frequency of inspection Have simple criteria, i.e. satisfactory or unsatisfactory. Be complete, but concise. . Be directly traceable to the specified standards. QC of Subcontractors Ensuring quality work from subcontractors begins with a thorough prescreening of subcontractor qualifications and past performance. ACEPEX will have developed a listing of potential contractors and will develop an approved subcontractor base after discussions with subcontractor applicants and investigation of the subcontractor's performance. ACEPEX will look for subcontractors based on the following criteria: . Reputation for quality work . Timely work completion . Adequate on-site supervision . Fair Pricing . Accurate record keeping . Adequate workforce for the size of the subcontract . Proper licenses, insurance, and certifications The QCM / Inspector will provide the oversight of subcontractor work. All reporting requirements required by the prime contract will apply equally to subcontractors. The QCM (Caretaker Manager) will assist subcontractors as necessary in preparing work documentation and will review all completed reports. These will be forward to the LRA and City. Technical Exhibit (IE)-? Page 4 " ---"--"_P---- "-------"--".- 9.0 The QCM / Inspector will have authority to inspect subcontractor services being provided at any time. The inspection will cover not only the actual work being performed by the subcontractor but also the quality of sub-contractor oversight being provided. Contract requirements for materials testing apply equally to subcontractors. The QCM will require that all QC certifications be signed by subcontractor's designated QC representative as well as by our QCM / Inspector. Quality Control of Subcontractors The QC Manager will brief each subcontractor on the LRA's QC process and specific job, QC and Safety requirements. Upon completion, each subconsultant and subcontractor will understand the evaluation process, their role in the QC effort and the impact of poor performance. Records of site inspections will be maintained. If daily inspections reveal that a previously noted deficiency was not corrected by the required date, the QC Manager or on-site Supervisor will contact the subconsultant or subcontrator's company representative for explanation and resolution. Resolution may require the use of alternate sub-consultants or subcontractors. 10.0 Customer Feedback Program 11.0 One of the best, if not the best, means of measuring the effectiveness of our support operations, is through feedback from the Customer (the City). We will aggressively support a Customer Complaint (CC) program and utilize this valuable tool to enhance our support program. Should a City representative be dissatisfied with our service or performance, for any reason, he/she may submit a Customer evaluation form. All Customer evaluation inquiries will be responded to by the JHTM. The QCM will provide a written response to complaints. Customer evaluations provide an excellent means of supplementing our QC program. They also provide a means to identify areas or procedures, which may need attention or additional consideration. Customer evaluations may be initiated for a multitude of reasons: contractors' failure to perform, customer misunderstanding of requirements or services, customer and contractor misunderstanding and customer dissatisfaction with contractor personnel or procedure. The QCM will actively solicit Customer feedback at the site to ensure that our priorities are aligned with the City's priorities. An active CC file will be maintained which indicates each complaint and our corrective action taken. This file will be available for the City's review and use upon request. Submittal Review and Approval Where a submittal process is required, the QCM or on-site supervisor will be responsible for reviewing and certifying that submittals are in compliance with the Agreement. The approving authority on submittals is the QC Manager unless otherwise specified for the specific submittal. Teclmical Exhibit (TE)-? Page 5 12.0 Variations in the Work Variations from Agreement requirements require City approval prior to execution and will be considered where advantageous to the LRA. When proposing a variation, ACEPEX will submit a written request to the City representative, with documentation of the nature and features of the variation and why the variation is desirable and beneficial to ACEPEX. If lower cost is a benefit, we will include an estimate of the cost saving. Variations will be identified separately and include the documentation for the proposed variation along with any submittal required for the item. 13.0 Documentation ACEPEX will maintain records of QC operations, activities, and tests performed including the work of suppliers and subcontractors. These records will include factual evidence that the required activities or tests have been performed. 14.0 Reports Reports and records are the principal form of objective evidence of quality. They must be maintained in a manner to provide data required for conducting business. As a minimum, they will reflect the nature and number of observations together with the number of type of deficiencies found. They will also indicate the acceptability of the service or product, and actions taken in relation to the deficiencies. An accurate and efficient means of documentation is essential in any support operation. In support of our QC Program, ACEPEX will provide a complete system of reports and records. Sufficient records will be maintained to allow for complete documentation of performance activities, and verification of performance. All reports, records, and other pertinent documentation will be made available for City review or use. 15.0 Sample of Operating Checklists A sample inspection checklist for operations and maintenance services shall be provided for approval of the City and use by the Caretaker Property Management Contractor. 16.0 Rework Items Through the course of inspections, ACEPEX will use a rework list to document subcontractor and in-house deficiencies. The rework list may be developed during any one of the scheduled inspections or monthly meetings. Once a deficiency is discovered by the QCM/lnspector or on-site Supervisor, a rework list will be created. Prior to each inspection or monthly meeting, the project file will be checked for a current rework list. Rework list items will be added as they are discovered or corrected. Copies of the deficiency list will be provided our technicians or to the subcontractor so that a mutual understanding of deficiency items can be achieved. Technical Exhibit (TE)-7 Page 6 Generally, a satisfactory rating is achieved for a specific job by completing all the items on the checklist and correcting all the items on the deficiency list. Only when all checklist and rework list items are completed and our in-house inspection is complete, wiJI the job be deemed complete. 17.0 Corrective Action Requirements Corrective actions are an important part of any QC program. Simply to find the problem is only the beginning of the process. To be considered successful, the process must end with the deficiency corrected and avoided in the future. We are dedicated to finding and solving problems through systematic corrective action and follow-up. Corrective action is required for all noted defects. The action taken must be adequate to prevent the recurrence of the deficiency. The intent is to correct any deficiency as quickly as possible. The use of rework lists and checklists will further enhance our QCM's ability to track deficiencies and ensure their completion. Once deficiencies are corrected, we will take any necessary steps to prevent a recurrence and will require our technicians and/or subcontractors to participate fully in the effort to eliminate and avoid problems. Corrective action requirements will normally be generated through the following major sources: . Customer evaluations . Quality control inspections by the LRA . Management observations . Customer complaints 17.1 Corrective Action Implementation The QCM or on-site supervisor will have the authority to stop work. Work will be stopped when the work or material does not comply with contractual requirements or the construction specifications. If necessary, completed work not in accordance with the specifications will be removed and redone correctly. If necessary, another subcontractor will be utilized to complete the work. Every effort will be made to complete non-conforming work within the time originally negotiated. Correction of non-conforming work will be a high priority issue as it may have a direct impact on the overall completion date. Technical Exhibit (TE)-7 Page 7 17.2 Corrective Actions Reports and Records Reports and records are the principal form of objective evidence of quality. They must be maintained in a manner to provide data required for conducting business. As a minimum, they will reflect the nature and number of observations together with the number of type of deficiencies found. They will also indicate the acceptability of the service or product, and actions taken in relation to the deficiencies detected. An accurate and efficient means of documentation is essential in any support operation. In support of our QC Program, ACEPEX provides a complete system of reports and records. Sufficient records will be maintained to allow for complete documentation of performance activities, and verification of performance. All reports, records, and other pertinent documentation are available for City use upon request. The QCM and on-site Supervisor will maintain records documenting quality. These reports and records will be used to: . Analyze work procedures and operations to ensure efficient perfonnance of duties. . Analyze trends so as to identify problem areas or possible performance problems. . Analyze and control response times. . Verify improvements, corrections, procedural changes and effectiveness of support. . Control cost and materials. Technical Exhibit (TE)-? Page 8 SAMPLE FORMS TO BE CONSIDERED FOR QC WORK REPORTS Preventative Maintenance Actions Service Calls Indefinite Quantity Actions Sub-consultant or subcontractor Daily Report LOGS: Request for LQ. work Submittallog Service Calls - Data Base Pest Control SPECIFICA TION/P .M. CHECKLISTS Electrical Distribution Water Distribution Water Sampling Results Sewer Collection Systems Electrical/Mechanical Plant for Sewer systems including Lift Stations Fire PreventionlFire Hydrants Emergency Response Procedures These forms will be developed as the data base is constructed and as their corresponding functions come on line. S:\RDA IMCASlAgreementslACEPEX2005TECHNICAL EXHIBIT(TE)- 7.doc Technical Exhibit (TE)-7 Page 9 Technical Exhibit (TE)-8 --- ----------.---------.----------------------M-____--_M------ -- TECHNICAL EXHIBIT(TE)-8 KEY CONTROL PLAN Introduction Exhibit A, Section 1 and 2 requires the establishment of a key control system with which the Caretaker Property Management Contractor will maintain and control all keys, combinations and other devices used to control access to buildings, secured spaces. or restricted areas. Key control is to be phased-in within 30 days of the execution of the Agreement. Unless directed otherwise by the City, the Management Contractor will prohibit the use of keys by any person other than the Caretaker Property Management Contractor's employees or subcontractors including designated City personnel and other City subcontractors. The Caretaker Property Management Contractor will prohibit the opening of locked areas to permit entrance of persons other than the Management Contractor's employees or subcontractors engaged in the performance of assigned work in those areas, or as required to promote reuse of the property. In the event another party will be granted continuing access to facilities, the Caretaker Property Management Contractor will comply with the specific instruction of the City pertaining to the access rights. Proposed Location The building to be assigned to the Caretaker Property Management Contractor for their use in support of the Agreement. Assumptions Closed buildings contain keyed-alike locks on outside doors. Vacant buildings will be locked with keyed-alike locks. A starting inventory of existing keys is available, but incomplete. An inventory of key blanks is available. A key cutting machine is available. Key storage cabinets are available. Key control is a part-time effort. Process Collect and inventory all existing keys. Prepare a computerized key and lock inventory to be updated as needed. Provide inventory copies to the City. Key copies will be made available for checkout using a signed key request and logbook entry system stating date, time, building number, name, company, phone number and signature. Publish and distribute a list of personnel authorized to approve key requests. Certain keys may be issued on a long-term basis by memo signed by the receiving person, copy to City. Key Control will be assigned to a designated person in writing as a collateral duty. The person with Key Control responsibility will follow up to retrieve keys that are not returned within a reasonable time. Discrepancies will be noted and reported. As buildings are leased, keys will be turned over to the leasing activity, and the key log will reflect the transfer. Leased buildings will be removed from the Key Control Plan. S:\RDA\MCASlAgreementsIACEPEX, Technical Exhibit(TE)-8.doc Technical Exhibit (TE)-9 Technical Exhibit (TE)-9 SPILL CONTINGENCY AND HAZARDOUS MATERIALS RESPONSE PLAN 1.0 Introduction Title 40, Code of Federal Regulations Part I 12.7(d) and California Code of Regulations Title 22, Division, 4.5, Chapter 15, Article 4, Section 66265.51 requires that a spill contingency plan (SCP) be prepared to minimize hazards to human health from any unplanned sudden or non- sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. A Spill Contingency and Hazardous Materials Response Plan presents the procedures for responding to hazardous waste, fuel and other chemical spills and is in accordance with Federal, State, and Navy regulations and the Lease In Furtherance of Conveyance ("LIFOC") at MCAS Tustin between the City of Tustin and the Department of the Navy. This Spill Contingency and Hazardous Materials Response Plan applies to the LIFOC Premises (see Attachment 1, which shows the LIFOC Premises) easements, all property owned by the City and areas accessed for operating and servicing utility systems. Generally, the City's leasing and subleasing of property within the LIFOC Premises is not expected to result in the handling of waste, fuel, oil or other chemical hazardous substances, while the City's Property Management Contractor is expected to be handling some of these materials in small amounts. In its overall scope of responsibilities, the Property Management Contractor could be both an accidental spill generator and spill cleanup resource. A spill could occur in uncontrolled areas during the transfer of hazardous materials or waste at MCAS Tustin. In addition, failure of spill control facilities could result in a discharge on the Leased Premises and easements. 2.0 Emergency Coordinators In the event any hazardous wastes are handled on MCAS Tustin, the City will be required to have, at all times, at least one employee or contractor either on the facility or on call, with the responsibility for coordinating all emergency response measures. The emergency coordinator, or in the terms employed by MCAS Tustin, the On-Scene Coordinator, must be thoroughly familiar with all aspects of the contingency plan for the Leased Premises, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. Table I which follows is the current list of individuals responsible to be emergency coordinators during an emergency event both on and offthe Lease Premises. Table 1 Emergency Coordinators On-Scene Coordinators Phone No. Other Orange Countv Fire Authoritv Dispatch Center (714) 744-0516 Disposal Control Service (800) 929-3274 CitvofTustin 300 Centennial Wav, Tustin. CA 92780 Sam Altowaiji, Field Services Manager (714) 573-3355 (714) 573-3II6 Pager (949) 856-6713 Mark Tomich, City Representative Fax (714) 573-3113 On-Site Security Company (714) 245-6800 Tustin Police Department (Watch Commander) (714) 573-3220 Caretaker! Propertv Management Contractor Richard Cooke, ACEPEX (714) 258-4460 Cell/Pager: (951) 809-4636 Fax: (909) 591-1006 Cell/Pager: (714) 719-6033 On-site supervisor: Tony Sanchez, ACEPEX Navv Coordinator Caretaker Site Office. Box 444, East Irvine. CA 92650 < for Federal Government owned areas onlv> Ron Johnson (619) 572-1403 Technical Exhibit (TE)-9 Page 2 3.0 Coordination Coordination among the various emergency coordinators noted above is imperative to ensure the proper and complete response to a spill or emergency event. Orange County Fire Authority (OCFA) will take the lead on this coordination once contacted by a City of Tustin On-Site Coordinator. The OCF A will provide necessary equipment and personnel for the on-scene operations team if it is determined that Sub-lessee and the City or its contractors cannot handle a situation. In rare circumstances such as a hazardous waste spill associated with another type of emergency (i.e. earthquake), support from State and Federal agencies will be solicited. These agencies may include the California Department of Toxic Substances Control, the National Response Center, and the Environmental Protection Agency. 4.0 Emergency Response Equipment The Property Management Contractor will be responsible for acquiring and maintaining its own spill control equipment for handling oil, chemicals or other hazardous waste. A list of spill control equipment (e.g. Safestep, a liquid absorbing material) will be maintained by the Property Management Contractor and each subcontractor that will be handling any chemicals and other hazardous waste as shown as Attachment 2. 5.0 Emergency Response Notifications Spills are discovered by casual observation, part of a routine investigation, or during handling or use. The primary responsibility of the discoverer of the spill is to notify the appropriate personnel who are trained and equipped to deal with the emergency. The discoverer will immediately notify the OCF A as identified in Section 2, above for all spills within Leased Premises and easements. The OCF A will notify: :.- The Property Management Contractor (see section 2, above) :.- Tustin Police :.- City of Tustin Contact (see Section 2, above) :.- Navy Coordinator (see Section 2, above) for LIFOC areas and areas in Federal Gov't ownership :.- State or Federal agencies as applicable The OCFA will make a determination of the size and extend of the situation, and pursue further notifications, if necessary. Agencies to be notified, and the criteria for doing so, followed. Local Agencies Orange County Sanitation District: (714) 962-2411 or 3301 if a spill enters the sewer system. South Coast Air Quality Management District: (909) 396-2000 or (800) 572-6306 if a spill could impact air quality. Technical Exhibit (TE)-9 Page 3 Orange County Health Care Agency: (714) 667-3700 if additional health care, beyond what can be provided by MCAS Tustin, is necessary, or if a risk to human health exists off-Station. Orange County Emergency Management Division: (714) 834-7255 if a spill affects areas outside the Leased Premises and easements boundary. Tustin Police Department: Dispatch (714) 573-3225 (or dial 91 I). State Agencies Regional Water Quality Control Board, Santa Ana Region: (909) 782-4130 if a spill has affected, or may affect, surface or groundwater. Department of Toxic Substances Control: (714) 484-5451 if a spill threatens or may threaten human health or the environment, of if a reportable quantity (see USEP A information listed below) has been released as discussed in the facility's hazardous waste facility permit. Office of Emergency Services: (800) 852-7550 or (916) 262-1621 if threat to human health or welfare exists. Poison Control: (800) 876-4766. Federal Agencies National Response Center (NRC): (800) 424-8802 whenever more than IOO-gallon occurs, regardless of location or hazard. The NRC will notify other appropriate agencies and implement the National Oil and Hazardous Substances Spill Contingency Plan. USEPA: (415) 744-2200 if a spill threatens or may threaten human health or the environment, or if a reportable quantity has been released as discussed on the facility's hazardous waste facility permit. A List of Hazardous Substances and Reportable Quantities (40 CFR Part 302, Table 302.4) can be found at the U.S. Environmental Protection Agency's website at www.access.gpo.gov/ecfr/ or obtained by calling the Environmental Protection Agency's CERCLA Hotline at 1-800-424-9346. 6.0 Emergency Response Procedures The following steps will be taken when encountering a spill, uncontrolled discharge, or a fire within the Leased Premises. Step 1. Initial Response Actions The discoverer of the spill or fire will immediately notify the OCF A of the presence of hazardous substances and potential fire hazards at the site. The nature and location of the incident, as well as any information regarding injuries or threat or injure to human health or environment will be reported. Technical Exhibit (TE)-9 Page 4 Individuals trained in spill response (The Property Management Contractor, subcontractor, OCFA and others) will attempt to contain the spill or extinguish the fire using spill kits, fire equipment, and other emergency equipment located in the irnmediate vicinity ofthe spill or fire. The OCFA will begin notifying the appropriate agencies and personnel as discussed in Section 5.0. Other personnel will evacuate to a prearranged location and await instructions from the OCFA, if necessary. The OCFA will initiate a preliminary assessment to evaluate the magnitude and severity of the discharge or threat to public health or environment, assess the feasibility of removal, and determine the potential responsible part's ability to perform a proper response, and determine if additional response actions are necessary. The assessment may include collection and review data such as site management practices, photographs, and interviews. Step 2: Response Team Activation The OCFA will determine if the On-Scene Operations Team can handle emergency response. If emergency response actions are undertaken by the City, its contractor or by the Sub-lessee Tenant, then the OCF A will provide surveillance and any requested assistance. If not, then the OCF A will initiate action to eliminate the hazard. Defensive actions will begin as soon as possible to prevent or minimize damage to public health or the environment. All sources of sparks or flames will be eliminated, floor drains will be closed, and physical barriers will be utilized to prevent a spill from entering drains, steams, and drainage ditches. Spills flowing in the drainage ditch shall be deterred by use of commercial absorbent booms stretched across the waterway, or by blocking drainage or runoff pipes. Stabilized straw bales or chicken wire wrapped with absorbent material may be substituted when commercial booms are not available. Step 3: On-Scene Operations Response If the On-Scene Coordinator cannot handle the emergency response with support from City's Property Management Contractor or any Sub-lessee, the On-Scene Coordinator will summon assistance from the resources identified in Section 2. The OCFA will respond to a hazardous spill emergency by performing any or all ofthe following tasks: ~ Removing spilled material by pumping into salvage tanks. ~ Controlling vapor clouds with a fine water spray. ~ Keeping tanks with flammable material cool with water. Technical Exhibit (TE)-9 Page 5 ---_. .-----.-.----- .-...-.....--..------_.____n'-'.---- ~ Applying soil, blankets, foam, carbon dioxide, or dry chemical extinguishers to fight fires. Step 4: Activities Following an Emergencv Response Depending on responsibility for the spill, either the On-Scene Coordinator or the CSO will ensure that contaminated equipment, soil, and water are disposed of at permitted disposal facilities. The Caretaker Site Office (CSO) will determine ifthe Property Management Contractor's spill prevention and contingency plans need to be reviewed and revised to address future events. The Property Management Contractor will prepare a spill report for City acceptance and the City will submit it to the CSO. During an emergency response, a site will be controlled to prevent or reduce the possibility of exposure to contaminants and the transport of hazardous substances from the site. Zones will be established in which prescribed activities will occur. Exclusion Zone: The innermost area where the contamination exists or could be expected to occur. Only authorized personnel are permitted in this zone. All investigation and remediation activities occur in this zone. Appropriate personal protective equipment would be donned prior to entering this zone, and removed prior to entering the Support Zone. Contamination Reductions Zone: Surrounding the Exclusion Zone, this zone provides a transition area between contaminated and clean areas. Decontamination of personnel occurs within this zone. Support Zone: The outermost area where no contamination exists. This zone is used for authorized observation of remediation activities, documentation of events, and oversight activities. Contaminated or potentially contaminated equipment and personnel are not permitted within this zone. 7.0 Medical Emergency Response If a severe physical or chemical injury occurs, Orange County Fire Authority Station personnel should be summoned for emergency medical treatment and ambulance service by dialing 911. Minor injuries can be treated on site by qualified first-aid and CPR providers. If additional treatment beyond first aid is required, the injured person(s) will be transported to a local hospital. Orange County Fire Authority Station ambulance service personnel should be determining the hospital destination depending upon the nature and severity of the injuries suffered. However, a Hospital Route Map is provided as Attachment 3. If an exposure to contaminants occurs, the following general "first response" guidelines will be used: Technical Exhibit (TE)-9 Page 6 ----------- -------------------...- _u_-----.....- - --,,-- -- - -.-....----.....--- --- --- --_u....-- --- Contact/Absorption: Apply large amounts of distilled or tap water to flush contaminants from the skin for at least 20 minutes. Start flushing while removing contaminated clothing. If irritation persists, repeat flushing. Assess the condition of the individual and transport to a medical center if necessary. Do not transport the victim unless the recommended flushing period is completed or unless otherwise directed by responsible Orange County Fire Authority emergency personnel. Inhalation: Move the victim immediately to an area providing fresh air. Provide decontamination and artificial respiration if necessary. Assess the condition of the individual and contact the Orange County Fire Authority for an emergency response if necessary. Transport the victim to a medical center if necessary. Ingestion: Immediately contact the local poison control center and Orange County Fire Authority. Treat the victim as directed by poison control center personnel at 1-800-876- 4766 or the Orange County Fire Authority, as appropriate. 8.0 Evacuation Plan Internal alarms, including horns, bells, and chimes, will be used to signal an evacuation. Personnel will leave the site quickly and safely as possible. The OCFA, Security Contractor, Caretaker Site Officer and City of Tustin Caretaker/Property Management Contractor will be notified by an external alarm system and will respond to the scene. If appropriate, the On-Scene Coordinator will order an evacuation of the Leased Premises. The OCF A, City of Tustin Caretaker Property Management or Caretaker Site Office will be jointly or individually responsible for affecting an Evacuation for property in Federal Government ownership. At present, the entire former MCAS Tustin facility is accessible from only one location (main entrance at Warner Avenue and Red Hill Avenue). All emergency egress and ingress shall be from this single location until alternative egress and ingress locations can be identified/constructed by the City of Tustin. Technical Exhibit (TE)-9 Page 7 ..--------.-... --------------.---- Exhibit 1 Leased Premises NOTE: The term and conditions associated with the "Leased Premises" applies to property conveyed to the City of Tustin by the Department of Navy through a Lease In Furtherance of Conveyance (LlFOC). Upon completion of required Navy remediation, portions of the "Leased Premises" may be deed conveyed to the City of Tustin or others during the contract period. However, at the present time, the boundaries of the City of Tustin 'Leased Premises" includes all "Carve-Out" areas identified in the attached "EDC Deed/LiFOC Exhibit" (excluding the areas shown within Reuse Disposal Parcel 1 and Carve-Out 10 which are not part of the contract) and attached "LlFOC Exhibit A, Parcel 22" (Community Park site). S:IRDAIMCASlAgreementsIACEPEX, Exhibit 1.doc - "-'-'~--"""._'- /~ ~i ¡¡ ~ - , ¡ ï 1" i ~ ! i ~ ! ! ~ H~qH~ ~ ~ ~ ã , , . , 2~!H¡H.~, ~ @ ~ II Dill ~' ~ 3maw TlIH03~ ! ¡ , , z ~¡¡ ~~! ~~¡ ~~ ()ß ! i ¡ I i . [ , III C I: ~J!! :.1. LOlli i 5J~ r ~~ :j~ ~§ :g ~~ o~ o~ COz co'" ~ ~~ ~~ ~ ffi5 ffi~ W i"¡O i"~r ~ "'" ~~.: ilD Ö D~ ~ ~ :«!!i ;¡ -" 0 ~~ :;; :J ~ffi ~ ~ ~~ ~ ~ ~~ i;1 ~ ~~ ~ ~ :n' " " @ w w~ ~ ~; t¡ ~ '5~ ¡o t3 ffi ¡O:5 '" z ~ "'~ ~ ð ~ :5@ " ~ ~ ~ ~t ~ ~ ~ ~ ~~~ ~ "' ,,0 We ~i ~::J h t¡~ ~~ ¡O:5 2~ ~~ ~ê !@~ ~@ ~§ 3~ ~« ~~~ ~~w ~g~ §giJ '-, , , L" 8œ<G<:@ ~~~ ~HJw . . ~ ~ £ ]UH ã ~ B ~ ~ ~ j ~- ~ , ê s, Æ ~ q i -' = u ~ Z~w " "- Exhjbit 2 Spiu Control Equipment - ---------------- The following equipment and materials will be maintained by the Property Management Contractor for use during spill response activities: Absorbent pads Granular absorbent material Polyethylene sheeting 55 gallon drums shovels and assorted hand tools .---- .---.---- -...---..------------.---.-.---------- Exhibit 3 Hospital Route Map tOCt: Zw ~~ a::=> oz ::J >- CD 0 w > 0 a:: "- "- <C >- CD 0 w '" u w :r: u ~ . EXIT "'CAS nJSTIN FROM I!EDHII.l. w.TE AND 1URN RIGHT. . '!UIIN lEFT AT ED/NGISRAVE.AND PROCEED TO HOR1HBOUN/) ON-FIIUAP FOR1>IESOI'RS!WAY. . NORTH ON 11£ 55 PRæMM Y TO IFMNE BL VDI«b STREEr EXIT. . AT EXIT; TURN lEFT AND PRDCSa:I TO 'T/JImN AVC (IIECOND SI<>NII!.). . '!UIIN RIGHT' ON TImTIH A\9IUE AND I'ROCeD 1J2/o11L£. . HOSPITAl. ON RJW(f; ~ REFERENCE: "'OROSO" AUTOMAP STREETS PLUS '997 EDITION HOSPITAL ROUTE MAP MARINE CORPS AIR.STATlON TUSTIN. CALIFORNIA Technical Exhibit (TE) - 10 (Attached By Reference Only) Lease in Furtherance of Conveyance Between the United Sates of America and the City of Tustin, California for Portions of the Former Marine Corps Air Station Tustin Lease in Furtherance of Conveyance Between the United States of America and the City of Tustin, California for Parcel 22 on Former Marine Corps Air Station Tustin S:IRDAIMCASlAgreementsIACEPEX, Technical Exhibit(TE).10.doc Technical Exhibit (TE)-11 - -"---"----_...._".._-----------"-"--- --"""" --------"-"-""""""....""-".""-"" TECHNICAL EXHIBIT (TE)-ll Management Interface SUMMARY: Caretaker Contractor Manager shall maintain informal and forma] lines of communication with the City of Tustin, the Department of Navy and other clients ofthe Tustin Legacy project. Approach to Interfacing with City and On-Site Navy Operations There is no privity of contract between Caretaker Contractor Manager and the Navy. Subsequently, the only formal line of communication for this contract is between the Caretaker Contractor Manager on-site supervisor and the Assistant City Manager or her designee, the Caretaker Management or their authorized representatives. The goal is to establish teamwork and numerous informal lines of communication with various points of contact at the site to develop and maintain a communication protocol and to promote teamwork, cooperation and rapid sharing of information among interested parties. The Property Management team intends to maximize the use of electronic media such as email to share information broadly with the City. Staffing The managers and administrative support staff proposed by the contract are current employees of Caretaker Contractor Manager or under sub-contract to them and will be continue to be recruited and selected by Caretaker Contractor Manager as openings occur. Any Caretaker Contractor Manager hires for the Agreement will be hired in accordance with the well-established procedures of Caretaker Contractor Manager. Caretaker Contractor Manager will conduct a formal orientation of Corporate, regulatory and government policies to acquaint all new employees with the project. Technical Exhibit (TE)- II - Page 1 Revised 5-4-05 Technical Exhibit (TE)-12 ---------.- ------------------.--------------- -- - TECHNICAL EXHIBIT (TE-12) UTILITY DESCRIPTIONS AND INVENTORIES 1) WATER DISTRIBUTION SYSTEM The potable water system at Tustin base is served by Irvine Ranch Water District (IRWD) through 9 main water lines with meters and at seven connection points there are government owned pressure regulators and or backflow prevention devices. The primary potable water distribution system is comprised of (73,068LF) of water lines ranging in diameter from 2 to 16 inches in size and portions are constructed of cast iron cement lined and asbestos cement piping. The system has 140 sectional valves on the main lines of the system, 164 fire hydrants with shut off valves, 6 pressure regulators and 70 backflow prevention devices. On-base potable water distribution systems are scheduled for phased shut-down, as directed by the City of Tustin. There is a 10" main water line connection to the base that is used for fire protection services QJl)y and it only feeds the fire protection systems in maintenance hangars 520, 524 and 525. This line was installed through an agreement between IRWD and the City of Santa Ana and is an emergency inter-tie connection to the Santa Ana water distribution system. Connections 1 through 5 provide water to all of the industrial portions of the base including the barracks areas, hangars, and all other facilities located west of Peters Canyon Channel. . Connection No.1 is the primary base transmission main line and is fed from IRWD's 16-inch inter-connection main line located adjacent to building 190 where it is reduced to a 14-inch cast iron line with a meter and backflow prevention devices. This connection is located on a station approximately 1,900 feet north of Barranca Parkway and building 190. (Map grid F-8) . Connection No.2 is an 8-inch metered main line with a backflow prevention device which is connected to the IRWD owned I8-inch Navy line at Warner Avenue, 400 feet east of Red Hill Avenue. This connection is looped with connection No.1. (Map grid F- 2) . Connection No.3 is a lO-inch line with a meter and a pressure-reducing valve that is connected to the central operating turnout of the IRWD owned I8-inch Navy line. The connection is located at the northeastern edge of the main helicopter pad, midway between hangars 28 and 29. This connection is tied into a I2-inch line which opens automatically when the distribution system water pressure falls to a predetermined setting for low water pressure or upon fire flow demands. It also acts as an up capability during emergencies or for maintenance to the primary connections, meters or backflow devices at connections No. I and No.2. (Map grid E-7) . Connection No.4 is an 8-inch metered main water line with a backflow prevention device which provided domestic water and fire protection to building numbers 212, 528, 529 and 530. This line is located at Barranca Parkway and Armstrong. (Map grid H-4) Technical Exhibit (TE)-12 Page I . Connection No.5 is a 2-inch metered water line with a backflow prevention device located off Moffett Drive. It is connected to the IRWD owned 19-inch Navy line and it services, offices and the compound area. (Map grid C-l 0) . Connection No.6 through No.9 provided water service to the former housing east of Peters Channel. These housing areas were provided water service from four service connections. No.6 through No.8 provided water to Irvine Park South, Moffett Meadows and Irvine Park North, neighborhoods at the former MCAS Tustin. Connection No.9 is a newer connection that served the Marble Mountain housing area south of Warner Avenue. (Map grid F-l I) . Connection No.6 and No.7 are two 8-inch metered water main lines with pressure regulators and are connected to the IRWD owned 18-inch Navy line running parallel to Moffett Drive. The connection points are located between the Harvard gate and Peters Canyon Channel. These lines created a looped system with a connection at No.8. They provided water and fire protection to all housing north of Warner Avenue and south of Edinger Avenue. (Map grid C-ll and C-12) . Connection No.8 is a to-inch metered main water line with a backflow device. This line is located at and connected to IRWD's I2-inch line off Warner Avenue at Peters Canyon Channel. It is looped with the two 8-inch lines, No.7 and No.8, which, in effect, provide a closed loop system for the housing areas. (Map grid F-l I) . Connection No.9 is an 8-inch main metered line with a backflow device that provided water service to the Marble Mountain and is connected to IRWD on Harvard Avenue between Warner Avenue and Barranca Parkway. (Map grid F & G-l I to 12) 2) ELECTRICAL DISTRIBUTION SYSTEM The caretaker will operate and maintain primary and secondary, overhead and underground service lines until all lines are disconnected as directed by the City of Tustin. The caretaker will assume responsibility for operation, maintenance and repair of the entire electrical distribution and service system. Electric power is supplied by Southern California Edison (SCE) at l2kv. There are a total of eight substations and switchgear units with SCE meters. . The electrical service, now disconnected, was delivered by SCE via transformer substation No.1 at Building 12. The electrical power is distributed at 2,400 volts through ten radial feeders installed in aerial and underground systems. The feeder conductors range in size from No.4 to No. 1/0. (Map grid D-4) . The second service is Substation No.2 with two sources. One feeds a bank of SCE transformers reducing the I2kv supply to 4,160 volts for the government switchgear. This equipment no longer has any loads. The second source is the feed for the 12kv government switchgear that now feeds most of the buildings in the area. (Map grid H-8) . The third service is a 12kv feed to a bank of government switchgear that provides power to buildings 245, 246, 538 and 539. (Map grid F-2) Technical Exhibit (TE)-12 Page 2 . The fourth service is a 12kv feed to a bank of government switchgear that provides power to buildings 172, 176, 194,212,254,255,524,525,526,527,528,529,530,531,532, 535 and 536. (Map grid E-2) . The fifth service is a 12kv feed to a bank of government switchgear that provides power to buildings 4, 27, 30, 161,226,253,505,506 and 523. (Map grid D-4) . The sixth service is a I2kv feed to a bank of government switchgear that provided power to the former housing between Warner and Edinger Avenues and between Harvard A venue and Peters Canyon Channel. (Map grid E- I 0) . The seventh service is a 12kv feed to a bank of government switchgear that provided power to the housing between Warner Avenue and Barranca Parkway and Harvard Avenue and Peters Canyon Channel. (Map grid F-10) . The eighth service is a 12kv feed to a bank of SCE switchgear that provided power to housing via SCE equipment all the way to the structure meters. This area is located in the northwest portion of the base, backing up to Edinger Avenue. (Map grid A-3) 3) SANITARY SEWER SYSTEM The sanitary sewer system at MCAS Tustin consists of approximately 61,679 feet of mainline sanitary sewer ranging in size from 6 inches to 14 inches, including force mains. About half of this system is gravity operated; the other half operates with lift stations. Three main outlets flow into OCSD at Red Hill and Warner Avenues, Red Hill Avenue and Barranca Parkway and at Harvard Avenue. There are 14 lift stations in total shown on the Marine Corps Air Station Master Plan (a Marine Corps document). Major lift stations are marked in green; small stations in blue. Four of the lift stations serve housing; the rest serve different parts of the base. 4) NATURAL GAS DISTRIBUTION SYSTEM MCAS Tustin received its natural gas from the Southern California Gas Company (SCG) through nine separate connections to its main lines. All natural gas connections have been terminated. Five of the nine connections (No. I through No.5) served the base proper. Housing was served by four remaining natural gas connections (No.6 through No.9) to SCG lines and one connection from the base supply line. . The No. I (primary) connection is located off Red Hill Avenue at the main gate entrance to the base. This is a 6-inch steel line from the meter was regUlated to 8 pounds per square inch (PSI) and reduced to a 4-inch polyethylene line aboard the base. . The No.2 connection enters the base at Red Hill and Warner Avenues. This is a two- inch line, and was regulated to 4 PSI. Technical Exhibit (TE)-12 Page 3 . The No.3 connection enters the base at Armstrong and Barranca Parkway. This was a 1- 1/4 inch line regulated to 4 PSI and served a small group of buildings located within a compound at Armstrong and Barranca Parkway. . The No.4 connection enters the base off Barranca Parkway near Von Karmon. This was a 3/4-inch line regulated to 10 PSI and served the Armed Forces Reserve Center compound. . The No.5 connection enters the base near 2816 South Warner. This was a 4-inch line regulated to 45 PSI. It is a dedicated line that served an environmental ground (earth) clean-up facility located off Windmill Road north of Building 186. . The No.6 connection is located off Edinger Avenue and Serveryns Road. This was a 1- 1/2 inch line regulated to 6 PSI that served the ba1ance ofthe former housing area known as Tustin Villas. . The No.7 connection is located at Moffett Drive and Harvard Avenue.. It was a 2-inch line regulated to 12 PSI. The line splits and served the former housing areas known as Moffett Meadows and Irvine Park North. . The No.8 connection is located off Harvard Avenue at Longstaff Way and Brand Street. It was a 4-inch line regulated to 22 PSI. It served the former housing area known as Irvine Park South. . The No.9 connection is located off Harvard Avenue at Marble Mountain Road. This was a 4-inch line regulated to 22 PSI. It served the former housing area known as Marble Mountain Park. . The connection coming off the base supply line is located at Serveryns Road and Dyer Ct. This was a 4-inch polyethylene line regulated to 8 PSI and served part of the former northwest housing area known as Tustin Villas. S:\RDAIMCASlAgreementsIACEPEXTE-12 Utility Descriptions & Inventories.doc Technical Exhibit (TE)-12 Page 4 FIRE HYDRANTS No. Location I CORNER OF LANDSDOWNE & MCCAINE V AlJ. DEUTER S:MITB: RD 2 CORNER OF KELLER, MCCAIN & SMITH VAlJ. DEUTER RD 3 IN FRONT OF BLDG 93 4 SE CORNER OFBLDG 168 5 MCCAIN & SMlTHBLDG 167 6 OFFICERS CLUB BLDG C-4 7 FOOTBALL FreLD 8 FRONT LAWN OF QUARTERS "A" 9 FOOTBALL FreLD to FOOTBALL FreLD I 1 FOOTBALL FIELD 12 FOOTBALL FlELD 13 I INSIDE OF PICNICARBA ,15 E SIDEBLDG 89 17 FUBLFARMEEND 18 FUELFARMNEND 20. S END FUEL FARM. -. 21. S SIDE OF COPELAND N OF BLDG 19 12 IN FRONT OF BLDG 27 23 CORNER OF SEYERYNS 24 S SIDE OF SEYBRYNS ELDG 50 25 SW OF BLDG 5 ON LANDSDOWNE RD 26 SW CORNER OF LANDSDOWNE & MOFFEITBLDG5 27 SW CORNER OF MOFFETI' & LANDSDOWNE RD 28 ~ OF BLDG 300 GREENBURG 29 W OF LANDSDOWNE RD, SE OF BLDG VAlJ. DEUTER. 300 N OF BLDG 184 NE OF THE MESS HALL GREENBURG SOFBLDG86' GREENBURG MOFFEIT &. SEYERYNS CORNER CROSS & MCCORD IN FRONT OF BLDG GREENBURG 49 36 EENDOFBLDG,40NBERRYRD 37 CROSS & SEVERYNS BY TIm CAR WASHRA'CK W OFBLDG 20 A . CORNER OF CALNAN &. COPELAND CORNER OF SEVERYNS &. CALNAN 30 31 32 35 38 39 40 MlÙ<.e V AlJ. DEUTER VANDEUTER V AlJ. DEUTER AN DEUTER V AlJ. DEUTER VAN DEUTER V AlJ. DEUTER . VAN D EUTER VAN DEUTER V AlJ. D EUTER VANDEUTER GREENBURG GREENBURG GREENBURG GREENBURG. GREENBURG VAN DEUTER VANDEUTER VAN D EUTER GREENBURG VAN D EUTER VAN D ElJT'""cl<. . VANDEUTER GREENBURG GREENBURG GREENBURG GREENBURG. Outlets 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 . 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2-2.5 1-4&2.2.5 1-4&2-2.5 1-4&2-2.5 Type WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET . WET WET WET WET WET' WET WET WET WET DRY WET WET WET WET WET WET WET Ma.ln Map Grid 8' 8' 8' 8' 8' 8' g' 8' g' g' 6' 6' 6' 8' 8' g' to' 10' 8' 8' 8' 10' 10' 10' 12' 12' 10' 10" 8' WET 8' I WET 10' I WET I 12' I B2 B2 D3 TecJmical Exhibit (TE}-' 41 S SIDE MCCORD & CALNAN ACROSS GREENBURG 1-4&2-2.5 WET 10' I FROMBLDG 16 .42 SW CORNER OF HANGAR #2 GREENBURG 1-4&2-2.5 WET I 12' 43 W SIDE OF HANGAR #1 GREENBURG 1-4&2-2.5 WET 10' 44 W SIDE OFH.ANGA.R#1 GREENBURG 1-4&2-2.5. WET 10' 45 NW CORNER OF H.ANGAR #1 GREENBURG 1-4&2-2.5 WET 10' . 46 NE CORNER. OF HANGAR #1 GREENBURG 1-4&2-2.5 WET 10' 47 E SIDE OF H.ANGAR #1 iJREENBURG 1-4.&2-2.5 WET 10' 48 ESIDEOFHANGAR#1. GREENBURG 1-4&:2-2.5 WET 10' D5 49 E SIDE OF HA:NGAR #1 GREENBURG 1-4&:2-2.5 WET 10' 50 NW CORNER OF MATSSA GREENBURG 1-4&2-2.5 WET 8' 52 W SIDE OF BUMBLEBEERD MATSSA GREENBURG 2-2.5. WET 8' 53 W SIDE OF BUMBLEBEE RD GREENBURG 2-2.5 I WET 8' 54 W SIDE OF JiJUMBLEBEE RD GREENBURG 2.2-5 WET 8' 55 NW CORNER OF BUMBLEBEERD GREENBURG 2.2-5 WET . 8' 56 SE CORNER. OF MA.TSSA GREENBURG 2.2-5 WET I 8' F2 57 E SIDE OF MATSSA GREENBURG 2.2-5 WET 8' 58 E SIDE OF MATSSA GREENBURG 2.2-5 WET 8' 59 E SIDE OF MATS SA GREENBURG 2.2-5 . WET 8' 60 E SIDE OF MATS SA GREENBURG 2.2-5 WET 8' 61 I NE CORNER. OF MATSSA GREENBURG 2.2-5 WET I 8' 52 SW CORNER OF BLDG 28 GREENBURG 1-4&2-2.5 WET 10' 63 . N OFBWG 29 GREENBURG. 1-4&2-2.5 WET .10' 64 N OFBLDG 29 GREENBURG 1-4&2-2.5 WET 10' 65 E OF.BWG 29 GREENBURG 1-4&2-2.5 WET 10' 65 SE OF BWG 29 . GREENBURG 1-4&2-2.5 WET 10' 67 S SIDE OF BWG 29 GREENBURG 1-4&2-2.5 WET 10' 68 I S SIDB OF BLDG 29 GREENBURG 1-4&2-2.5 WET 10' 59 SW COKNBR. OF BLDG 29 GREENBURG 1-4&2-2.5 WET 10' 70 N CORNER OF BLDG 132 GREENBURG 1-4&2-2.5 WET 8' 71 BETWEENBRKS 132 &: BLDG 184 GREENBURG 2-2.5 WET 8' n ECORNEROFBRKS 134 GREENBURG 2-2.5' WET 8' 73 W CORNER. OF BRKS 134 GREENBURG 2-2.5 WET 8' 74 S'.OF BRKS 135 GREENBURG 2-2.5 WET 8' 75 IN FRONT OF BLDG 218 GREENBURG 1-4&2-2.5 WET 8' 76 NW OF BWG 12 ACROSS THE STREET GREENBURG 2-2.5 WET 8' 77 BANCROFT &: PARSELL GREENBURG 2-2.5 WET 8' 78 PARSELL&MORINO GREENBURG 2-2.5 WET 8' 79 PARSELL &: GOODEN GREENBURG 2-2.5 WET 8' 81 LONGSTAFF &: CAUDLE GREENBURG 2-2.5 WET 8' 82 CAUDLE &: GOODEN GREENE URG. .2-2.5 WET 8' 83 CAUDLE &: MORINO GREENBURG 2-2.5 WET 8' 84 CAUDLE &:BANCROFT GREENBURG 2-2.5 WET 8' 85 MORINO &: RUGGLES GREENBURG 2.2.5 WET 8' 86 6146 RUGGLES GREENBURG 2-2.5 WET 8' 87 I RUGGLES &: LONGSTAFF 1 GREENBURG 2.2.5 WET 8' 88 BRAND &: LONGSTAFF ¡GREENBURG 2.2.5 WET 8'. Technical Exhibit (TB)-12 - -. --..--- 89 BRAND & MORINO GI,ŒENBURG 2-U WIT 8' 90 BRAND & BANCROFr GREENBURG 2-2.5 . WJIT 8' 91 ACR.OSS FROM BWG 177 92 N END OF BLDG 177 93 VI OF BLDG 182 r..nm SHACK ON APRON RlCH 2-2.5 WJIT 6' 2 94 WEND OF THE MOTOR POOL GREENBURG 1-4&2-2.5 WJIT 8' COMPOUND 95 BY GATE TO MOTORPOOLBLDG 186 GREENBURG WJIT 8' B8 96 REFUELING AREA ON APRON 1 E3 97 REFUELING A:B.EA ON APRON 2 9B BWG 190 99 BLDG 190 . 100 BLDG 190 101 SW CO:RN'ER OF BLDG 190 102 S OFBLDG 172MATSSAAREA GREENBURG' 1-4&2-25 WET 8' 103 S OF THE RESERVE CENTER 104 N OF THE RESERVE CENTER 105 E OF THE RESERVE CENTER 106 W OFBLDG 212 107 N SIDE OF CRASH STATION GREENBURG .' ~ 8' 108 W LINK ST 1-4&2.25 DRY 109 JACKSON COURT - . . 1-4&2-2.5 DRY 110 JACKBON COURT 1-4&2-2.5 DRY III FRYE COURT 1-4&2-2.5 DRY 112 E LINK 8T 1-4&2-2.5 DRY 113 E LINK 8T 1-4&2-25 DRY 114 DOWELL COURT 1-4&2-2.5 DRY 115 CORNER OF LINK ST & JAMES COURT 1-4.5&1.2. 116 COPNER OF LINK ST & RUVOLIS 1-4.5&1-2. COURT 117 COPNER OF LINK 8T & GALLION 1-4.5 COURT 118 CORNER OF LINK ST & ROGERS COURT 1-4.5 119 CORNER OF BRAND ST &. GARD COURT C12 120 . CORNER OF BRANCH ST & STABL . COURT . 121 IN FRONT OF 3168 BRAND ST 1-4.5 122 CORNER OF BRAND & ALBBRICI 1-4.5 123 IN FRONT OF 3160 BRAND ST 124 CORNEROEPARSELLS1&BRAND 81 125 CORNER OF PARSELL ST & BACH ST 126 CORNER OF PARSELL 8T & JOENSON Dll COURT 127 BRAND & AKINS 1-4.&2-2.5 WID: 6' 128 AKINS&.BECKER 1-4&2-2.5 WID: 6' 129 AKINS BETWEEN BECKER & POLIQUIN . 1-4&2-2.5 WET 6' 130 POLIQUIN 1-4&2-2.5 I WID: 6' Technical Exhibit (TE)-12 -,..."...- ..-. -..,..---- .. ----,-, -.- -......., WATER DISTRIBUTION METERS AND LOCATIONS No. Map Grid Size, In. 1 F-B 14 2 F-2 8 3 E-7 12 4 H-4 . 8. 5 C-IO 2 6 C-Il 8 7 C-12 8 8 P-ll 10 9 G-Il 8 BACKFLOW PREVENTORS Serial No. Manulacturer, Locatio!) Size Map. Model Type Grid 9602051359 FEE CO BY METER AT B 0-12 825YD Reduced preSSllIe principle. HAR V A1U) de,.;ce Z28483 . ./WILKINS RlS/O 3206 ~INK. 2 C-l1 Reduced pressure principle de";.. MDBlO0508 NEPTUNE BEHIND 3400 3 C-Il Reduced pressure principle JACKSON device GQ57 CLA-VAL BUM:BLEBEE 10 F-2 Reduced pressure principle &REDHILL device 400117 WATTS BYMBTER@ 10 1E-6 Double cbeck HANOËR.2 AQOS CLA-VAL BY METER ON 10 C-l2 Double check WARNER GQ56 CLA-VAL BUMBLEBEE & 10 F'2 Reduced pressllIe principle REPEILL device 7430 FEBCO WARNER.ROUSJNG 6 F-ll Reduced pressure principle NOT USE device Z37826 WILKINS BACK OF 3400 3 Ç-11 Reduced pressure principle JACKSON device , P504672 SMR BANCROFT & 2 C-12 Pressure vacuum breaker B RAND 02464 FEBCO BY 15214 GALLION 2 C-!l Pressure vacuum breaker W634583 WILKINS BANCROFT & 2 C-Il Pressure vacuum breaker PARSELL 95022 FEBCO BY 15631 PARSELL 12 C-12 , Pressure vacuum breaker 02498 FEBCO B IEIND 3 178 AK1N S.£ C-12 Pressure vacuum breaker W683923 WILKJNS BY3164BRAND 12 .¡C-12 Pressure vacuum breaker 95840 FEBCO ¡C/o BRAND & 2 Cl2 Pressure vacuum breaker STAHL AA5553 FEBCO ¡US/O 3171 ALBERlCII2 C-12 765 Pressure V1icuum breaker AA37650 FEBCO IUSI03l71 ALBERlCIJ2 C-12 765 Prossure vacuum breaker Technical Exhibit (TE)-12 131 ROMERO 1-4&2-2.5 WET 6' 132 AKlNS LOOP 1-4&2-2.5. WET fJ 133 WINDMILLATBLDG 19.0 1-4&2-2.5 WET fJ 134 BUMBLEBEERD \'Rom OF BLDQ 218 1-4&2-2.5 WET 135 WEND OFBRY-B 245 1-4&2-2.5 WET. 136 E END OF BRKS 245 I 1-4&2-2.5 WET 137 E END OF BRKS 246 1-4&2-2.5 WET E3 138 WEND OFBRKS 246 &249 1-4&2-2.5 WET 139 W OF BLDG 25.0 . 1-4&2-2.5 14.0 DEETZ AT TAMAYO 1-4&2-2.5 WET 141 ALBNDER AT TAMAYO 1-4&2-2.5 WET 142 EMERSON ATTAMA YO 1-4&2-2.5 WET 143 CARTER AT TAMAYO 1-4&2-2.5 WET 144 TAMAYO ATCIR . 1-4&2-2.5 WET' 145 DULAY ATTAJ.¡fAYO !1-4&2-2.5 WET 146 DULAY ATCIR 1-4&2-2.5 WET 147 SEA KN1GHT 1-4&2-2.5 WET 148 SEA STAWON 1-4&2-2.5 . WET 149 ADAMS 1-4&2-2.5 WET 15.0 ALLEN CT 1-4&2-2.5 WET Gl.o 151 SUPER STALLION BETWEEN ALLEN & 1-4&2-2.5 WET ADAMS 152 NORTH ELDER WAY h . . 11-4&2-2.5 WET 153 SMITIi COURT .. 11-4&2-2.5 WET AS 154 SOUTH ELDER WAY 11-4&2-2.5 WET 155 HANAB AL I 1-4&2-2.5 WET 156 BENNETT 1-4&2-2.5 WET 157 ROLSTAD 1-4&2-2.5 WET 158 NORTHEHNIS 1-4&2-2.5 . WET 159 SOUTH EHNIS . 1-4&2-2.5 WET 16.0 ROSE LN 1-4&2-2.5 WET 16l BELmA]' 1-4&2-2.5 WET 162 MARTIN cr 1-4&2-2.5 I WET 163 WEST DYER cr 1-4&2-2..5 1 WET 164 EAST DYER cr 1-4&2-2.5 I WET TechIDca1 Exhibit (TE)-12 -------~--- 95820. FEBCO USlO3171 ALBERlCI 2 B-12 765 Pressure vacuum breaker 02372 FEBCQ AKlNS &. BRAND 2 B-ll . Pressure vaCUtU:r1. breaker 02460 FEBCO BY 15221 JAMES 2 B-12 Pressure vacuum breaker 02363 FEBCO BY 15225 GALLION 2 B-ll Pressure vacuum breaker 96325 FEBCO BY 15921 BECKER 2 B-ll Pressure vacuum breaker 02466 FEE CO LlS/O 15918 BBCKER 2 B-ll Pressure vacuum breaker 02382 FEBCO BY l5913POLIQUIN 2 B-12 Pressure vacuum breaker 15714 FEECO CAUDLE & 2 D-12 Pressure vaCuum breaker LONGSTAFF 512852 WILKINS CAUDLE & 2 D-12 Pressure vacuum breaker LONGSTAFF W77.629 WILKlNS USIO 6805 SUPER 2 F-Il Reduced pressltte principle STALLION device L5044 FEBCO RlSlO 3247 D DULAY 2. F-ll Reduced pressure principle device 6538 FEBCO RlSIO 3329 DEETS 2 G-ll Reduced pressure princip Ie device 02384 WILKlNS BACK. OF 3400 2 C-ll Pressure vacuum breaker ... JACKSON 825.\. .. FEBCO W ARNBR & 8 F-2 Reduced pressure principle REDHILL device 8252 FEBCO W ARNBR & 8 F-2 Reduced pressu:re principle REDHILL device 8285 BBCO BYME'r?R~TMAlN 10 G-8 Reduced pressure principle ; CONNEC1::ION device 8286 FEBCO B Y METER@MAIN 10 G_8 Reduced pressure principle CONNECTION device B0946 FEBCO BAlUU.NCA& 10 H-4 Double check ARMSTRONG ~ Technical Exhibit (TE)-t2 LIFT STATIONS I NO. Typa GPM Discharge Pump Control¡ Powar Sourca Map Ga"; hp . Grid' kw 6480 Sewer 220 6.00 2-5 Floats Transfo= on Jackson Ct Cll 12..5 6168 Sewer 1200 6.00 2-5 Bubbler¡ Housing service #6, on Edùon poles El0 60 6169 Sewer 1400 6.00 4-5 Floets / Reserve center mach:rm. H7 60 Buhblor 6798 . Sewer 400 4.00 2 - 10 Float> Just south of Lift at e\acmc meter A4 30 203 Sewor 600 6.00 . 2 Bubbler¡ Transformer nult imide bldg 28 DS Dia 204 Sewer 600 6.00 2 . Bubblers Transformer vault inside bidS 29 E6 Dia 205 Sewer 550 3.00 2-5 Bubblers West side ofb!dg 220 on rack G7 Dia 544 Sewer 2.50 2 Control panel inside bIdS 544 F8 Dla 595 Sewer 160 4.00 Mach. rm. imidebldg 568 08 Dla 251 Sewer 2.50 Outside bldg 252 by ttaD,Sfotm.""f F8 Dla 212 Sewer 100 3.00 2-2 FJoats Mech room imide bldg 212 H4 Dla 527 Sewer !OO 3.00 Outside bldg north west side 02 Dla 54! Burn Pit 0 none, system removed Bll Dla 542 Burn Pit 0 none, system removed Cll Dla 534 Burn Pit 2 Mounted oe. protection will of bum D6 Dla pit . .. .. NATURAL GAS SYSTEMS AND LOCATIONS No. Location . Size Ie., in Size Out, in Pressure In Pre"ura Out 1 MAW GATE 4 6 45 PSI BPSI 2 REDHII..L AND WARNER 2 2 45 PSI 4PSI 3 BARRANCA AND ARMSTRONG 3/4 1-1/4 50 PSI 4PSI 4 BARRANCA AND V ANK.A.RMA.N 2 314 370 PSI 10 PSI 5 MARBLE MOUNTAIN 2 4 SO PSI B PSI 6 1...QNOSTAFF AND BRAND 2 4 SO PSI UPSI. 7 MOFFIT AND HARVAlU) 2. 2-2 370 PSI 12 PSI 8 TUSTIN VILLAS AT EDINOER l 1-1/2 48 PSI 6PSI 9 DYERAND SEVERYNS 3 3 8 PSI BPS! Tecluùcal Exhibit (TE)-12 -------- Technical Exhibìt (TE) - 13 -.-...--- ....-. ..-----.--.-.--.....- ---...---.---.-..-........--.--- ,------,,_u,--. ---..---.... _..- --..........-..-..--.- GER .VE Ir~ I ) .----- V.LÆNCIA .J ~ i' . "o:F'o:""oií"'oi'o ..~'3BIC""o'oS .-........11...0.281""'0 "-""o ¿;";7 :;;:..',:.i . w~'o":"'o- ~1:'~~~~'oLk¡' {"o'o ' ~,-::::'::~:'/""'»-...' O.BBo""'s I <,,-:1 ,:1,~ aCNJO I DYER"" , - ~nr-lnnni , ~ ~ SANT"""""""'" """"" ~ ~ ~ "EmOU"" .'-. """"" ~"" " "-" ""'" , ., .-, ,-.J"-1~.. j ,¡ ,:., REUSE PLAN BOUNDARY .. JURISDICTIONAl. WATERS OF THE UNITED STATES (29.0 acres) ŒJ AMOUNT OF JURISDICTIONAL WE11..ANDS WITHIN JURISDICTIONAL WATERS (24.0 acros) * 1,\ SOUTHWESTERN POND TURTLE SIGHTINGS Sourœ: DON ,..9b TIe"" Mod.. C..,SIJ,tants '994 eo,. mop' HNTI! ,... Technical Exhibit(TE)-13 Biological Resources Q5~ 0 1000 2DOOft MCAS Tustin EISIEIR EXHIBIT B SPECIAL REOUIREMENTS 1. ACEPEX shall not release to the public or press any information regarding the purpose/scope of services to be accomplished or data specific to the project required under the Agreement without prior authorization from the Contract Officer. All such information is considered confidential. All inquiries made of ACEPEX shall be immediately referred to the Contract Officer. 2. ACEPEX shall present to the CITY certificates of insurance and endorsement forms verifying that the ACEPEX has the insurance as required by this Agreement. Said form shall be reviewed and approved by the office of the City Attorney of the CITY. 3. If the Contract Officer determines that a product deliverable is unacceptable, ACEPEX shall submit a revised product at ACEPEX's expense. 4. Monthly progress reports shall be submitted by ACEPEX with billing requests. At a rninimum, these reports shall specify the period reported, tasks completed, tasks underway, percent of project completed and strategies to solve any timing delays. 5. ACEPEX shall be required to meet with the Contract Officer and City Manager as determined necessary or desirable to discuss elements ofthe Scope of Work and project's progress. 6. For the purposes of this Agreement, Christine Shingleton, Assistant City Manager shall be the CITY's Contract Officer unless otherwise designated in writing by the City, with Dana Ogdon, Assistant Contract Officer. 7. Nondiscrimination ACEPEX agrees that no person, on the grounds of race, religion, color, national origin, sex or handicap, will be denied benefits of, or otherwise be subjected to, discrimination in connection with ACEPEX's performance under this Agreement. 8. Environmental Protection/ Utility Provisions A. ACEPEX will indemnify and hold harmless the CITY from any costs, expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills, storage, disposal, or any other action by ACEPEX giving rise to CITY liability, civil or criminal, or responsibility under Federal, State or local environmental laws incident to this Agreement. Conditions or activities giving rise to the aforementioned liabilities which occurred prior to the onset of this Agreement, and are not a result of or related to any action by ACEPEX, are not subject to this indemnification. This provision will survive the expiration or termination of this Agreement and ACEPEX's obligation hereunder will apply whenever the CITY incurs costs or liabilities for ACEPEX's actions of the type described in this subsection. FY 2005-2006 MCAS Tustin Property Management Agreement Revised May 24, 2005 B. ACEPEX understands and agrees that there may be ongoing Installation Restoration Program (IRP) projects or other Navy activities in support of environmental cleanup or disposal operations at Tustin Legacy. ACEPEX agrees to cooperate to the extent necessary in support of these operations, and will not interfere with or hinder any such operations by the NAVY. Should utility services be required by the NAVY in connection with environmental remediation contracts within the Lease areas of the CITY SERVICE AREA, ACEPEX shall work with the CITY to facilitate the provision of utilities and services to the NAVY. If the CITY and ACEPEX are unable to locate a utility provider willing to take over a particular utility system and the CITY requires ACEPEX to operate and maintain such system and subsequently determines to disconnect service, the CITY and ACEPEX shall work to provide the NAVY with a minimum or 4 weeks prior to notice prior to disconnection, unless there is an emergency disconnection. In the event such disconnection will result in the termination of utility service necessary by the NAVY to ensure the continuity of on-going environmental clean-up, restoration, or testing activities, and the NAVY is unable to procure an alternate source of such utilities within the notice period, the CITY and ACEPEX shall, to the maximum extent practicable, work with the NAVY and utility providers to facilitate the provision of an alternate source of such utilities. 9. ACEPEX understands and agrees to perform various administrative functions (map room, utility coordination, field support, etc.) necessary to support the redevelopment and planning efforts of various private and public property interests at Tustin Legacy. Toward that end, ACEPEX agrees to provide these services at a time convenient to ACEPEX and in coordination with the City of Tustin, at a fixed fee amount identified in Section 10 of Exhibit C of this contract. All fees shall be pre-approved by the City of Tustin prior to collection by ACEPEX. Any fee not approved by the City for work determined to be in the interest of the City of Tustin shall be found to be consistent with and reimbursable by this contract. --..----.----------.---- --_. ..---,,----...--..---------- EXHIBIT "C" SCHEDULE OF COMPENSATION 1. Compensation - As compensation for the Consultant's services under this Agreement, the City shall pay the Consultant a not to exceed fixed amount of $379,407 based on the individual budget line items as shown in Attachment I of this Exhibit C and as described in more detail in Attachment II. 2. Compensation for Additional Services - In the event the City requires services in addition to those described in Exhibit A, said services must first be approved in writing by the Contract Officer. The Consultant shall be compensated at the Consultant's standard hourly rates for professional services, plus reimbursement of expenses or a fixed amount agreed to in writing by the City and Consultant. 3. Method of Payment - As a condition precedent to any payment to Consultant under this Agreement, Consultant shall submit monthly to the City a statement of account which clearly sets forth by dates the designated items of work, as well as reimbursable expenses, for which the billing is submitted. The payment request shall identify each task required by the Agreement, percent of completion, amount of actual reimbursable expenses and requested amount to be billed against each task. Payment requests shall not exceed costs identified for each task in Consultant's proposal included as Exhibit A unless provisions of Section 4.5 of the Agreement have been followed. 4. Timing of Payment - The City shall review Consultant's monthly statements and pay Consultant for services rendered and costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis in accordance with the approved monthly statements. 5. Advance Agreements on the Allowabilitv of Cost - No cost incurred by ACEPEX which is contrary to any restriction, limitation, or instruction contained in the Budget in Exhibit "C" of this Agreement, or which otherwise has not been specifically approved in writing in advance by the City, will be allowable. ATTACHMENT II EXHIBIT C CITY OF TUSTIN MCAS TUSTIN PROPERTY MANAGEMENT COSTS 2005 - 2006 BUDGET ITEMS PropertY Fee Basîs Amount 1.0 Facilities Management & General Requirements T&M $ 56,050 2.0 Facility Maintenance/Inspection Services T&M $ 3,540 3.0 Grounds/Refuse Collection, T&M $ 292,704 Disposal & Other Services 4.0 Utilities Systems Services T&M $ 24,464 5.0 Personal Propertv T&M $0 6.0 Drainage Channel Maintenance T&M $ 3,480 7.0 Street and Road Maintenance T&M $ 2,920 8.0 Building Securitv T&M $ 2,560 9.0 Contingencv (Miscellaneous Expenses) T&M $ 19,286 10.0 Estimated Reimbursable Services T&M $0 Total Management Contract Amount $405,004 (I) Additional Scope of Services to be determined subject to an addendum/contract amendment. (2) All line items are not-to-exceed billable amounts. However, Caretaker Management Contractor must provide documentation and billing items between these categories can be adjusted by the City in consultation with the Caretaker Management Contractor to reflect actual field needs so long as not-to-exceed amounts for the whole ofthese items (the total Management Contract amount) is not exceeded. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment IT. Page 1 m~."_'----- -~--~'~'-"-~'-' -... -....."'---"""'--" ATTACHMENT II EXHIBIT C 1.0 FACILITIES MANAGEMENT/ADMINISTRATION AND GENERAL REQUIREMENTS Proposed method of accomplishment: The Caretaker Management Contractor proposes to have a working supervisor on-site during working hours who will provide site presence, incidental inspection and overall direction of the maintenance crew. His costs are included in other items noted below. The overall management support for the Agreement and most of the administrative activities will take place in the office of the Caretaker Management Contractor located at 13401 Yorba Ave., Chino, CA 91710-5055. A. Labor Estimate For management and administration: Line Item 1.I - Overall Project Manager time 120 ills @ $87/hr = $10,440 Line Item 1.2 - Assistant Project Manager time 520 ills @ $59/hr = $30,680 Line Item 1.3 - On-Site Supervisor time 36 ills @ $59/hr = $2,124 Line Item lA-Administrative Support time 192 ills @ $47/hr= $9,024 Line Item 1.5 - Engineering Technician time 36 hrs @ $49/hr = $1,764 B. Equipment Estimate The on-site Supervisor will occupy Bldg. 530 within the City Service Area for use as administrative space to house work-center types of activities and equipment as needed. These spaces will contain a small inventory of computer equipment, telephones, radios, tables, desks and file cabinets, etc. Costs for these items are in overhead rate ($0). c. Materials Estimate Line Item 1.6 - Overhead materials and supplies, such as folders, paper, pens, pencils, printing and reproduction:" $2,018 Line Item 1. 7 - Vestar area maintenance is not included. D. Total Cost $56,050 Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C. Attachment]], Page 2 E. Rationale The Caretaker Management Contractor's orientation of the City's proposal allows for administrative efficiency. All primary responsibility of the MCAS Tustin Caretaker Maintenance Contractor will be contract administration. The Caretaker Management Contractor's staff will develop subcontract bid packages and direct some of the work to lower-tier contractors. The staff will also conduct Jower-tier subcontractor surveillance to ensure timely and quality performance. The Caretaker Management Contractor's staff will update caretaker work plans and coordinate caretaker requirements, process billing and payments, monitor budget execution and financial management, develop the next year's budgets, manage any technical library and records, and perform other duties as directed. Includes work required by Exhibit A, Sections 1 and 2 as modified by this budget agreement. This line item also includes the Caretaker Management Contractor's oversight only of on-site security company hired directly by the City. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C. Attachment II. Page 3 ATTACHMENT II EXHIBIT C 2.0 FACILITY MAINTENANCE INSPECTION SERVICES Proposed method of accomplishment: Caretaker Management Contractor's proposal deletes formal on-site Supervisor inspection activities as no longer needed, but retains incidental inspections for security response. Incidental drive-by inspections are included in item 3.0. If security issues are discovered or reported, this item will be used to investigate and item 8.0 labor and material will be used to make temporary repairs. A. Labor Estimate Line Item 2.1 - On-site Supervisor time 60 ills @ $59/hr = $ 3,540 B. Vehicle Estimate One (1) Pick-Up Truck and one (I) Flat Bed Truck already provided. c. Materials Estimate Line Item 2.2 - Gasoline and maintenance costs for 1 Pick-Up Truck & I Flat Bed Truck are included in item 3.0. Line Item 2.3 - Janitorial Service & Trash Pickup along fence is included in item 3.0. D. Total Cost $ 3,540 E. Rationale The formal Facilities Maintenance Inspection function is no longer needed. Incidental drive-by inspections and related cost items are included in item 3.0. If doors, windows, or perimeter fences are damaged, temporary repairs such as boarding up or standing up fences will be performed under line item 8.0. This line item is used only for response to security reports. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II. Page 4 ATTACHMENT II EXHIBIT C 3.0 GROUNDS AND OTHER SERVICES Proposed method of accomplishment: The plan for this activity is to accomJ)lish grounds maintenance, incidental drive-=by inspections ana minimal pest control, using ACEPEX existinã ¿\tf[r ~~?af~d'~gg;i~~~'it\¿\~¿I~~~Jeded. Phone service, drinking water, techñical consultant an A. Labor Estimate Line Item 3.1 - On-site Supervisor time 1,524 hrs @ $59 = $89,916 (Includes OC, Safety, Work Planning & SchedulmgbKey Control & blower operations) Line Item 3.2 - Lead Engineerin~ech time 384 ills ~ $59 = $22,656 Line Item 3.3 - Laborer 960 ills $28/hr = $ 26 880 Line Item 3.4 - Maintenance Wor 'er 1,900 hrs@ $39/hr = $74,100 B. Equipment Estimate Line It em 3.5 - Rental of Tractors, Mowers and Small Tools åJ $42,564/)11 Description BillinQ Per Month No. of Months Yr. Total MF 4243-4 Tractor 1 $800.00 12 $9,600.00 JD 609 Mower 1 & 2 . $234.00 12 $2,808.00 MF 4243-4 Tractor 2 $800.00 12 $9,600.00 JDHX15' Mower $800.00 12 $9,600.00 Kubota ZD28 Mower $700,00 12 $8,400.00 Contr. Equip. Insurance $213.00 12 $2,556.00 Totals $3,547.00 $42,564.00 = $42,564 c. Materials and Subcontractor Estimate Line Item 3.6 - Fuel, parts, small tools, safety equip., supplies & maint. for equip. = $ 28,068 Line Item 3.7 - Refuse collection & disposal @ $47/mo = $ 564 Line Item 3.8 - Pest control supplies, traps, herbicides, etc. = $ 300 Line Item 3.9 - Janitor service & policing @ $240/mo + $ 30/mo mtls. = $ 3,240 Line Item 3.10 - Grounds Subcontractor Labor-l week @ $ 1,320 = $ 1,320 Line Item 3.11 - Telephone service AT &T and Nextel @ $ 258/mo = $ 3,096 Line Item 3.12 - Not used. D. Total Cost $292,704 Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C. Attachment II, Page 5 ............--.......--....--...-.-... ..--........ E. Rationale The resources applied to the grounds function will eliminate tall weeds and their associated fire hazards in and around buildings and pavement. It win also maintain an acceptable level of appearance for the site consistent with Exhibit A, Sections 1 and 2 of this Agreement, clarified as follows: All growth areas are non-irrigated but mowed at a seasonally adjusted frequency to maintain various acceptable vegetation heights and appearance, e.g., high visibility areas more frequent, lower height, sidewalk debris removed; open fields less frequent mowing higher growth allowed. Work includes mowing and/or flailing to control weeds. Government-furnished maintenance trucks, deeded to City, will be used wherever possible to mitigate costs. It is anticipated this function will be continuous year-round. Notes: (1) Pest control is likely to be minimal based on previous contracts at this facility. (2) Janitorial service cleans employee restrooms in two buildings and polices trash periodically along the perimeter fence. (3) Possible Future Deletion of Acres: Proposal is not based directly on the number of buildings or acres under contract but instead is determined by an anticipated level of maintenance effort. Former MCAS Tustin is a closed base partially under development. a) If certain areas are deleted from the contract reductions in the level of effort and costs required to meet overall City of Tustin requirements will be addressed at that time. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II, Page 6 ATTACHMENT II EXHIBIT C 4.0 UTILITIES SYSTEMS SERVICES Proposed method of accomplishment: To accomplish minimum operation, limited maintenance and minor repairs by contract and to coordinate limited utility services with purveyors, City of Tustin, Army Reserve, Navy, public benefit recipients of property and others. A. Labor Estimate Line Item 4.1 - Preventive Maintenance (PM), Water System Flushing, On-site Supervisor 200 ills @ $59/hr = $ 11,800 Line Item 4.2 - Maintenance Worker 20 hours @ $39/hr = $ 780 Line Item 4.3 - Engineering Technician 108 ills @ $49/hr = $ 5,292 Line Item 404 - Lead Engineering Technician 56 ills @ $59/hr = $ 3,304 B. Equipment Estimate One (1) Pick-Up Truck & 1 Flat-Bed Truck already provided (fuel is included in 3.0 above). c. Materials and Subcontractor Estimate Line Item 4.5 - Water Sampling & Bacteriological Analysis - 52 x $45.00 = $ 2,340 Line Item 4.6 - Portable toilet, 1 each at $79.00 per month = $ 948 D. Total Cost $ 24,464 E. Rationale Work includes minimal utility operations and water system flushing. Major system repairs, if needed, would be by addendum. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II. Page 7 ATTACHMENT II EXHIBIT C 5.0 PERSONAL PROPERTY Proposed method of accomplishment: Inventory and service of personal property will be performed as part of other tasks. Very little additional effort is expected based on previous contract experience in this category. A. Labor Estimate Included in Line Item 3.0. B. Equipment Estimate C. Materials Estimate D. Total Cost Included in Line Item 3.0 E. Rationale Inventory and control of personal property is identified in Exhibit A, Sections 1 and 2. Records of previous inventories are kept on hand but a new formal inventory is not anticipated. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C. Attachment II, Page 8 ATTACHMENT II EXHIBIT C 6.0 DRAINAGE CHANNEL MAINTENANCE Proposed method of accomplishment: CJear drainage ditches of blockages and debris, using primarily hand tools, if required under emergency conditions. If equipment is required by addendum, it would be billed at actual cost plus 10%. Estimated equipment costs are the hourly rate shown in Line Item 6.3 below. A. Labor Estimate Line Item 6.1 - On-site Supervisor time 20 ills @ $59 = $ 1,180 Line Item 6.2 - Laborer time - 80 ills @ $28 = $ 2,240 B. Equipment Estimate Line Item 6.3 - Backhoe Rental @ $400/day x 0 day = $ 0 (addendum if needed) c. Materials Estimate Line Item 604 - Fue1 for backhoe rental- $ 0 (if needed, use item 3.0 above) Line Item 6.5 - Misc. Tools and materials - $60 D. Total Cost $3,480 E. Rationale Emergency clearing of drainage ditch blockages, if needed, so that rain runoff is not restricted and with special care in jurisdictional wetland areas. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II, Page 9 ATTACHMENT II EXHIBIT C 7.0 STREET AND ROAD MAINTENANCE Proposed method of accomplishment: If needed, portable hand blower and minor pothole patching operations included in 3.0 above. Minor repairs for road safety included below. If not needed, labor will be redirected to item 3.0. Accomplish major road patching or street sweeping by addendum if required. Use lower-tier subcontractors. A. Labor Estimate Line Item 7.1 - On-site Working Supervisor time - 40 his @ $59/hr = $ 2,360 Line Item 7.2 - Laborer time - 20 hrs @ $28/hr = $ 560 B. Equipment Estimate Not included, but if required by addendum, would be billed at actual cost p]us 10%. An estimated hourly rate is provided in Item 7.3 below. c. Materials and Subcontractor Estimate Line Item 7.3 - Street sweeping by Subcontractor - 0 his @ $125/hr = $ 0 D. Total Cost $ 2,920 E. Rationale Minor pothole repair for safety and debris blowing is included on primary roads such as Warner (at Red Hill Avenue entrance), Bumble Bee, roads around the Day Care Center and along Moffett and Windmill Roads. Streets may need power sweeping with a commercial street sweeper or major repairs, but if required, will be accomplished by addendum. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II, Page 10 ATTACHMENT II EXHIBIT C 8.0 BUILDING SECURITY Proposed method of accomplishment: Accomplish as required with on-site Supervisor, approximately two emergency service calls. A. Labor Estimate Line Item 8.1- On-site Working Supervisor time 40 ills @ $59 = $ 2,360 B. Equipment Estimate Included in Item 3.0 c. Materials Estimate Line Item 8.2 - Lumber, hardware and/or supplies for emergency repairs = $ 200 D. Total Cost $2,560 E. Rationale Repair to ensure no unauthorized entry (boarding up broken window, etc.) as required by Security notification. Keys will be handled only by Acepex Management Corporation controlled employees. Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II. Page 11 ATTACHMENT II EXHIBIT C 9.0 CONTINGENCY Proposed method of accomplishment: Recognizing there are many unknowns, small contingency amounts up to 5% of the total (or $19,286) have been included to be used in handling unforeseen expenses. These amounts are included in the individual performance line items listed above. A. Total Cost Line Item 9.1 - $ 19,286 Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II, Page 12 ATTACHMENT II EXHIBIT C 10.0 ESTIMATED REIMBURSABLE SERVICES Proposed method of accomplishment: The plan for this activity is to accomplish various maintenance activities listed above for tenants or developers which, upon City approval, would be reimbursable back to the City at the end of the contract period. A. Labor Estimate Line Item 10.1 - Assistant Project Manager time 0 ills @ $59/hr = $ 0 Line Item 10.2 - Administrative Support time 0 hrs @ $47/hr = $ 0 Line Item 10.3 - Engineering Technician time 0 hrs @ $491hr = $ 0 Line Item 10.4 - On-Site Supervisor time 0 ills @ $591hr = $ 0 Line Item 10.5 - Maintenance Worker time 0 ills @ $39/hr = $ 0 B. Equipment Estimate Not included, but if required by addendum, would be billed at actual cost plus 10%. c. Materials Estimate Not included, but ifrequired by addendum, would be billed at actual cost plus 10%. D. Subcontract Estimate Not included, but ifrequired by addendum, would be billed at actual cost plus 10%. E. Total Cost $0 F. Rationale Activities approved by the City for this category, will be tracked by specific work order. S:IRDA\MCASlAgreementsIACEPEX2005 Exhibit C-Budget Items RevI0-Fina15-2-05.doc Rev 5/4/2005 MCAS Tustin Property Management Agreement Exhibit C, Attachment II. Page 13