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HomeMy WebLinkAboutItem 4.05 CompStrmCordrRestr&GrazngMgt ~ . CITY CLERK File # D~[Q][Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 24, 1995 SUBJECT: EXIllBITS ATTACHED: RECO~NDATION:~ i:r . FINANCIAL STATEMENT: DESCRIPTION: Award of Contract for the Eastern Dublin Comprehensive Stream Corridor Restoration Program and Grazing Management Plan Report Prepared by: Carol R. Cirelli, Senior Planner u...U 1. I Resolution Awarding the Consulting Contract 2. I Contract for Consultant Services 1. Award the Contract for Consulting Services to Sycamore Associates LLC. 2. Authorize the City Manager to Execute the Contract. The cost of the proposed Contract will not exceed $40,000.00. The 1995-96 City Budget includes funding for this contract as well as other Eastern Dublin consultant studies. The City is in the process of establishing a method for recovering the costs associated with implementing the Eastern Dublin Specific Plan. These Contract costs will be recovered through the processing of future development projects within the Eastern Dublin Specific Plan area. The Eastern Dublin Specific Plan and companion Environmental Impact Report (EIR) contain policies, action programs and mitigation measures that require the City to develop a comprehensive stream corridor restoration program and grazing management plan. This work must be completed before the City can approve any tentative maps for properties affected by the stream corridor. The main goal of this project is to preserve and enhance the hydrologic and habitat values of stream corridors, wetland and riparian areas throughout the Eastern Dublin planning area. As the EIR states, future Eastern Dublin development adjacent to stream corridors could have potentially significant impacts to sensitive stream habitat areas. Implementation of a comprehensive stream corridor restoration program and grazing . g:/agendasll 0-24csr/cons.cont.stream COPIES TO: General File Carol Cirelli, Senior Planner ITEM NO. M management plan would mitigate these potential impacts before, during and after this development occurs. For the stream corridor program, the consultant will identify a set of criteria for grading, stabilization and revegetation of the planning area stream channels. The program will also include .' guidelines for plant species, planting densities and long-term maintenance requirements and responsibilities for Eastern Dublin developers. Once this program is established, applicants will be able to follow development procedures, obtain the proper permits and implement appropriate improvement and revegetation practices. This program will facilitate development approvals and insure a consistent standard for stream channel improvement throughout the planning area. The consultant will also prepare a grazing management plan that will include guidelines for protecting riparian and wetland areas, increasing plant diversity, and recovering native plants, in particular, perennial grasses. Planning Staff sent a request for proposal to 5 qualified firms. The City received two proposals, one from Sycamore Associates LLC, and one from another qualified firm. Staff recommends entering into a contract with Sycamore Associates LLC for completing the comprehensive stream corridor and grazing management plan project. Sycamore Associates LLC is highly experienced preparing similar type stream restoration and grazing management projects. As a result of this extensive experience, their proposal indicates that they are able to complete the project within a timely and cost effective manner. Sycamore Associates LLC has organized a well-balanced working team with development-stream corridor interface planning, biological and hydrological expertise. Their proposal demonstrates a very good understanding of the Eastern Dublin Specific Plan issues, goals and programs, including the City's goal to preserve one of the City's most significant biological, aesthetic and recreational resource, Tassajara Creek, and other smaller stream channels within the future Eastern Dublin development area. .__ Staff recommends that the City Council: 1) award the contract for consultant services to Sycamore Associates LLC, and 2) authorize the City Manager to execute the contract. .. .- - - . . RESOLUTION NO. - 95 A RESOLUTION- OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** AWARDING A CONSULTING CONTRACT TO SYCAMORE ASSOCIATES LLC WHEREAS, policies, action programs and mitigation measures of the Eastern Dublin Specific Plan require the City to prepare and adopt a comprehensive stream corridor restoration program and grazing management plan; and WHEREAS, costs for preparing the plans will be recovered through future processing of development projects within the Eastern Dublin Specific Plan area; and WHEREAS, the consulting firm of Sycamore Associates LLC is able to prepare the comprehensive stream corridor restoration program and grazing management plan in a timely and cost effective manner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby awards the consulting contract to Sycamore Associates LLC. ATTEST: PASSED, APPROVED AND ADOPTED this 24th day of October, 1995. AYES: NOES: ABSENT: Mayor City Clerk g:\agendas\ 1 Q.24res\cons.con. EXHIBIT , STANDARD CONTRACTUAL SERVICES AGREEMENT . THIS AGREEMENT is made at Dublin, California, as of October 24, 1995, by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and Sycamore Associates LLC ("CONTRACTOR"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in, Exhibit A. 2. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in ~hibit B. The payments specified in Exhibit B shall be the only payments ~ be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit Bi or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3 . FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. . AGREEMENT Page 1 of 2 4/1/90 EXHIBIT ~ , 4. GENF.RAL PROVISION~. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it . inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by Richard C. Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR or his or her designee. 7. NOTICES. Any written notice to CONTRACTOR shall be sent to: Sycamore Associates LLC Attn: Marylee Guinon 910 Mountain View Drive ." Lafayette, CA 94549 Any written notice to CITY shall be sent to: City of Dublin Attn: Richard Ambrose P. O. Box 2340 Dublin. CA 94568 Executed as of the day first above stated: CITY OF DUBLIN a municipal corporation By "CITY" Attest: City Clerk By II CONTRACTOR II . Approved as to form: City Attorney EXHIBIT A . SCOPE OF SERVICES As specified in the October 3 and September 29, 1995 letters from Sycamore Associates LLC, as attached. .: Exhibit A Page 1 of 1 4/1/90 . SYCAMORE ASSOCIATES LLC 910 MOUNTAIN VIEW DRNE. LAFAYEITE, CA 94549. 510.284.1766. FAX: 510.284.8170 . . October 3, 1995 Ms. Carol Cirelli City of Dublin Department of Planning PO Box 2340 Dublin, CA 94568 Subject: Milestones, Meetings, Cost Estimates and Reimbursable for the Comprehensive Stream Restoration Program Dear Ms. Cirelli, I made the changes we had discussed in our proposal, which was sent to you September 30, 1995. Below are some contracting and scope items that I did not include in the proposal, but may assist you in issuing a contract. Sycamore Associates, dk Associates and Balance Hydrologies all carry the necessary General Liability, Worker's Compensation and Automobile Liability Insurance. Errors and omissions insurance is carried by dk Associates, a planning and engineering firm, and Balance Hydrologics, a hydrology firm. This appears to be consistent with the City's contract, which states that the contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor. .' The proposal includes five meetings. I would like to assume that our recent meeting could serve as a kick-off meeting, and we will not charge the City. The five meetings included in the scope are: I. Alameda County 2. McKay and Somps 3. Zone 7 4. EBRP 5. Property Owners We could anticipate two additional meetings, one with CDFG and the ACOE San Francisco Distinct, and one or more with the City of Dublin. Extra meetings and reimbursable expenses could be estimated at approximately $2000 for your planning purposes. 1 .' "w:~EIVelJ. OCT - 6 1995 'tnl,l,., PU' "."'lI'" .' . . I drafted a potential milestone payment schedule for your purposes. Milestones: Task 1. Background Research and Restoration Goals and Task 2. Meetings Task 3. Constraints Summary for Development, Hydrology and Biology Task 3. Guidelines for Development, Hydrology and Natural Resources Long-term Management and Regulatory Compliance Task Preliminary Restoration Cost Estimates Task 4. Grazing Management Plan Total $ 9,300 $ 3,000 $ 21,700 $ 1,000 $ 3,000 $ 38,000 I added a task of preliminary cost estimating, which would be limited to the restoration activities described in the guidelines. Our team will be very sensitive to the cost ramifications of the guidelines. Please call me with any questions. I am looking fOlWard to working with you and Larry Tong on this interesting project. Kind regards, 71r<LF~~'''- Marylee Guinon 2 SYCAMORE ASSOCIATES LLC -~ ~"'OUNTAIN VIEW DRIVE.LAFAYElTE, CA 94549 '510.284.1766' FAX: 510.284.8170 910lY' , September 29, 1995 i Ms. Carol Cirelli I City of Dublin i Department of Planning I PO Box 2340 I Dublin, CA 94568 proposal: To ~he City of Dublin To Prepare The Comprehensive Stream Restoration program and' Grazing Management Plan Dear Ms. Cirelli, Sycamore Associates LLC, dk Associates, and Balance Hydrologics are delighted to present the City of Dublin with this proposal to prepare the Comprehensive Stream Restoration Program and Grazing Management Plan. Our collaboration gives the City of Dublin an outstanding opportunity to utilize the expertise of seasoned professionals who have a clear commitment to resource conservation and to good planning that maximizes the long-term benefits to the area's residents. The Sycamore team will provide guidelines, standards and assurances suitable for the conscientious development of East Dublin. We would like to emphasize our unique qualifications to undertake this project. The Sycamore team has a wealth of experience with the resources of the region, based on years of biological and hydrological planning, engineering, habitat restoration, open space management and planning work. Our familiarity with the region's resources is complemented by our continuing commitment to thoughtful, cooperative relationships with participating agencies. We produce scientifically defensible and practical products. Sycamore and Balance have amassed an abundance of experience with restoration planning through our work throughout the state. Sycamore, dk and Balance are intimate with the Tassajara Creek watershed through our analysis and planning for the Tassajara Valley Property Owners Association. Recently, Sycamore, dk, Balance and the geotechnical engineers designed an innovative solution to a typically expensive problem. We were able to integrate: mitigation of wetlands, debris bench construction, open space drainage, fire buffer and water quality treatment into a single design. This resulted in no-net-Ioss of wetlands, reduced storm drains, substantial flood protection, more efficient use of the owners' land, and considerable cost savings. The Anny Corp of Engineers, regulator of wetlands under the Clean Water Act is now suggesting that our design be employed on many projects that they are asked to review. -- .' . . , f' t . .- ; The Comprehensive Stream Restoration Program and Grazing M~nagement Plan will provide the _! Is for an ecosystem-based approach to natural resources plaruung and management, and I tO~patible development. We view this project as challenging but very "do-able". Successfully I ~~ing with hydrology, biology and planning ~~eds will be critiCal to the success o~ the proj.ect. I Key issues include: flood hazard, ~haIU1el ~tabihty, gr~und wat~r,. ru~offwate.r qu~hty, recla~med j water, biological resource protection, habitat restoratIOn and rrutlgatIOn, grazmg, mterpretatIOn, I trails and maintenance roads, the development-corridor interface, long-term maintenance and I management, agency consultation, project coordination and team commitment. J ! We are confident in our ability to deal with these issues to develop an outstanding set of products I that will more than meet with the City's expectations. During preparation of this proposal, i members of the Sycamore team thoroughly reviewed the Specific Plan and sections of the EIR, ; consulted with McKay and Somps about the site's resources and analysis conducted to date, I consulted with Zone 7 about the hydrologic analyses available, and spoke with the City of Dub IiI). Based on these conversations, the RFP's scope was refined to focus and optimize the services we propose to provide. The proposal is organized into five sections (plus attachments), including key issues, qualifications of the team, scope of services, schedule, and budget. In parting, the Sycamore team commends the City of Dublin for the high quality East Dublin Specific Plan. Our enthusiasm for this project reflects our desire to take the concepts set forth in the Specific Plan and mold them into a product that will have immediate applicability and long- lasting benefits to the region. I have modified the August proposal to emphasize our review of existing information, including the work of McKay and Somps, Harvey Associates and Gates . Associates. In addition I have added a list of meetings and preliminary cost estimating. Please contact us should questions arise when evaluating our proposal. Sincerely, I Yn a..'7L.f-4/CC-y7-.r~~ Marylee Guinon Sycamore Associates LLC . 2 ~ - I'fM'&IiIl ~~"~fm..E!..-"'M;:S!~~:":'::,::~~~?'~Y:'.' SCOPE OF SERVICES .- The scope ofservi~es is presented as a ~equence of tasks inte~ded t.o inte~rate t.he key issu~s ~nd address additi~nal Issues sho~l? they anse. O~r approach begIns WIth a ~IScusslon of the sIte s .'sting conditions, opportunitIes and constraints, and then presents detaIled standards and e.x~ deli;es that integrate the full complex of issues, The standards and guidelines would be ~'strated by plan view graphics, details, prototypes and typical cross-sections. Implementation I ~ regulatory compliance, and long-term management would be addressed in separate sections. :;ose ~oordination with the City of Dublin, landowners and the relevant agencies on design and regulatory issues would be crucial to the program development. TASK 1. BACKGROUND RESEARCH AND RESTORATION GOALS The team would review all project documents and site investigations conducted to date, in order to determine mapping requirements and need for additional field studies or analysis, and to pro\;de a technical basis for the Comprehensive Stream Restoration Program and Grazing Plan ,Management. A kick-off meeting with the City of Dublin would allow refinement of the scope and ~hed~le. At this meeting, we would present a draft of restoration goals for the project that is responsive to the objectives of the City, the vision of the property owners, and reflective of the site's opportunities and constraints. We view the restoration goals as the mission statement for the program. These goals would be modified as new information unfolds and would serve as a mission statement for the project. Our review will include a peer review of the County's Stream Restoration Program, I r 'f i i , r , , \ .: Work Product: Restoration Project Goals TASK 2. MEETINGS The team would coordinate with the following agencies: City of Dublin, County of Alameda, Zone 7, EBRPD, CDFG, ACOE, USFWS, and RWQCB. We would work towards a consensus on the restoration plan and ensure compliance with regulatory requirements. The team will meet ";th McKay and Somps to gather existing information developed by Harvey Associates and McKay and Somps. We will coordinate with the County on their recent stream restoration planning. We will attend a meeting with the owners or their representatives to review the guidelines that the City will arrange at an appropriate time. This proposal includes five meetings and additional meetings would not be scheduled without prior authorization from the City. f ~ . ~~ TASK 3. DEVELOP COMPREHENSIVE STREAM RESTORATION PROGRAM Task 3. I Hvdrolof!V. Hvdraulics and Water Quality Development of a Comprehensive Stream Restoration Program for the Tassajara Creek Corridor from the Contra Costa County line to 1-580 poses several issues of hydrologic concern. Resolution of these issues builds a framework affecting all other planning. At the county line, the main channel has a wpdland -semi-rural watershed of 22.3 square miles, with anticipated lOO-year . 13 flood flows of approximately 4870 cubic feet per second. Anticipated upstream development is . ot expected to increase flood flows because detention basins will be a part of any new ~evelopment. In coordination with the consultant team, Balance will prepare a report describing the existing conditions, opportunities and constraints relating to hydrology, and standards and guidelines, which would be illustrated by plan view graphics, details, prototypes and typical cross- sections. Within the corridor, key issues include flood conveyance, channel stability and erosivity, water supply and water quality ~or riparian pl~ntings, opportunities for g:oun~ water rec~~rge: runoff water quality, and potentIal use of reclaImed water. Overall there IS an Issue offacllttatmg future access to hydrologic and geologic information. Several subtasks are identified. Task 3,1. I Flood Hazard Overview balance will review HEC-l, HEC-2 and other flood-related literature for the corridor and analyze deficits in flood modeling and information necessary to the planning process. Balance will review criteria with Alameda County Zone 7 and the City to develop guidelines that reflect their procedures and standards and the conditions of the channel. Particular attention will be paid to those aspects of corridor planning which are dependent upon the flood analysis such as channel crossings. reconfiguration for restoration, plantings, recharge, and detention. The issue of potential impacts and methods of mitigating for severe sediment loads following a fire in the upper watershed would be discussed. The need and potential location for a sedimentation basin will be explored. .Work Product: Report section that describes state of knowledge on flood hazard in the corridor, procedures and standards that need to be followed, studies that need to be conducted in de\'eloping"'a ,final plan for the Tassajara Corridor, and special sediment hazards. Guidelines relating to flood hazard. Task 3.1.2 Channel Stability Balance will review historic aerial photographs to examine changes in the channel morphology, examine the length of the channel to look for factors related to erosivity and channel stability, and estimate long-term morphologic requirements for channel stability. Work Product: Report section that provides an overview of channel history, recognizable areas of stability and instability. Guidelines on planning measures to provide for the long-term naturalized morphology of the channel. Task 3.1.3 Ground Water Hvdrology and Restoration Balance will provide a series of guidelines which can be used to ascertain when, where and what hydrologic studies or analyses need to be conducted in support of restoration plantings. These include issues of water supply and water quality. Work Product: Guidelines or a decision tree that gives direction about studies related to water .eeds of plaots used in restoration. 14 k 3 I 4 Ground Water Recharge i ~a~ . ~vill find the opportunities and constraints for groundwater recharge in the basin and will I d a a~~: the regulatory factors including oversight authorities and quality issues in developing I ~:ge facilities. Balance will review recharge techniques and limitations. i i I i I i i j j I i I 1 . "'ork Product: A report section giving .a site overview on groun~ wat~r recharge. G~idelines on how to go about meeting regulatory reqUlrements on recharge, which will be repeated In Task 3.4 Regulatory Compliance. Task 3.1.5 Runoff Water Ouality Balance will examine implications ofNPDES requirements in the corridor area and describe a proactive approach for integrating BMPs into corridor planning. '''ark Product: A report section that describes runoff water quality. Guidelines on developing BMPs in the Tassajara Corridor. Task 3,1.6 Reclaimed Water Balance will explore the regulatory and physical constraints on reclaimed water use in the corridor area, We \\;11 describe the current general limitations on reclaimed water use and explain the regulatory environment and provide a guideline/checklist of factors to consider. \\'ark Product: A report section that provides insight on the limitations and opportunities to the use of reclaimed water. Guidelines on use of reclaimed water. . Task 3.1.7 Reference Bibliograohy Work in hydrology and related geology and geography relevant to the corridor has a finite literature. Nonetheless, it can be difficult to assemble these materials since they are scattered among agencies, developers, consulting firms, and libraries. Balance will compile a selected bibliography of hydrologic and geologic works that have a direct bearing on those issues of concern for the corridor, and indicate where they are available. We will prepare a reference bibliography of hydrology and geology documents (including maps and aerial photographs) applicable to this site, including the locations of the documents. '\'ork Product: A reference bibliography presented as a report section. Task 3,1.8 Agency Review Balance will review findings with Zone 7 and the City of Dublin. A comprehensive description of the regulatory review wilI be repeated in Task 3.4 Regulatory Compliance. \\'ark Product: List of Agencies and Regulatory Requirements Task 3,1.9 Hydrology Related Guidelines and Report Balance will prepare an integrated report with a logical and systematic approach to all the report sections, hydrologic guidelines, standards, information, and bibliographies developed above. 15 . r I , \\' rk product: Hydrology report sections and guidelines. This report will be integrated with the bio~ogy and planning report sections and will be provided in both paper and generic digital forms. I k 3.2 Resource Protection. Restoration. Miti2ation. and Interpretation Ina;oordination with t~e consultant t~am, Syc~more ,:ill prepare a report describi~g t~e existi~g nditions.. opportunities and constramts relatmg to bIOlogy, and standards and gUIdelines, whIch :-ou1d be illustrated by plan view graphics, details, prototypes and typical cross-sections. Task 3.2. I Biolo2:V Related Existinl?: Conditions. Opportunities and Constraints S)-camore would conduct a site investigation to evaluate the Tassajara Creek and tributaries for restoration opportunities and constraints. Opportunities would include native plantings, wildlife habitat enhancement, enhancement of wildlife corridor connections, landscape treatment of trails and access points, use of buffers and setbacks, use of grade separations, siting of adjacent development, siting of trails and maintenance roads, passive recreation, and interpretation of natural features and processes. Opportunities for incorporating wetland, riparian and sensitive species mitigation, and hydrology features (e.g, detention basin) into the overall stream restoration program would be identified, which would result in significant cost savings to the landov.llers. Constraints would include: creek setback requirements, ground water table lirrutations. flood control constraints. incorporation of a detention basin, creek crossing and other structures. soil compaction, channel instability requiring bank modifications or bioengineering 1_ lechniques. siting of development, protection of sensitive resources, stands of exotic plants, fire hazard management. artificial lighting of habitat areas, among others. Planning solutions to the . .:!,- constraints "ill be identified. The findings will be reviewed with the City of Dublin and will drive _ the creation of the guidelines. . . . . . . . . . - 1 i I I I I j , I j i I i ; Work Product: Report sections describing the existing conditions, opportunities and constraints relaled 10 biology. Task 3 ,2.2 Biolo~ Related Restoration Guidelines The guidelines will be organized as presented below, and modified to reflect findings made during initial investigations and background review. Guidelines will be illustrated by plan view graphics, delails. prototypes and typical cross-sections. \\'ark Product: Restoration, Mitigation, Resource Protection and Interpretation Guidelines (Note: we will provided guideline text for each of the subheadings shown, and graphics to illustrate guidelines as stated.) Creek Restoration Goals Creek Set Backs and Buffer Configuration Creek Channel and Bank Modifications - provide typical cross-sections Bioengineering Treatments - provide cross-sections and details Protection of Specimen Trees and Sensitive Resources Treatment of Transitions to Off-site Open Space Lighting in Habitat Areas - provide detail 16 ,- . T '1 Landscaping - provide typical cross-sections ~ldscaping of Buffers and Screens - provide typical cross-sections Exotics Plant Eradication Site Preparation Soils Testing Plant Palette(s) for Container~ and See~. . Planting Zones Showing Species - provide typical cross-sectIOns Commercial Sources for Seed and Plant Procurement Planting Under Oaks Areas Expected to' Naturally Regenerate Planting and Seeding Techniques - provide details Plant Salvage - e.g. perennial grasses Plant Protection - proVide details Temporary Irrigation System Erosion Control Installation of Bird Nest Boxes - provide details Establishment Maintenance - irrigation, weeding, debris removal, erosion control, cultural treatments, replanting, protective fencing and signing Monitoring Required by Regulatory Agencies Revegetation Scheduling - provide order of operations and critical path schedule Construction Precautions and Coordination Requirements - e.g. scheduling, phasing IdentifY Opportunities to Integrate Mitigation in to the Creek Restoration Program - e.g. Red- legged. riparian mitigation, intermittent streams, wetlands List of agencies requiring review, consultation or permitting (repeated in Task 3.4 Regulatory Compliance) . . . . . . . . . . . . . . . . . . . . . Task 3.2,3 Agency Review Sycamore will review findings with CDFG, ACOE, USFWS and City of Dublin. A comprehensive description of the regulatory review will be repeated in Task 3.4 Regulatory Compliance. \\'ork Product: List of Agencies and Regulatory Requirements Task 3.2.4 Biology Related Guidelines and Report In coordination with the consultant team, Sycamore will compile a report from work products in Task 3.2. describing the existing conditions, opportunities and constraints relating to biology, and standards and guidelines, which would be illustrated by plan view graphics, details, prototypes and typical cross-sections Work Product: Planning report sections and guidelines. This report will be integrated with the hydrology and planning report sections and will be provided in both paper and generic digital forms. 17 . ; I I j I' 1:' L I' " !; !.; 1: ; ._"l !:. i' i I.- I ! I , , i i it i: i ~ , '. I' i: I ~ I I I i [ . i I i .1 . .- r I I I .1 t Task 3.3 Plannin~ ..' . . Id determine mappmg reqUIrements, obtam plans, topography, cross sections and The learn \\oU d'l . . . . g as available. We woul evaluate tral alignment and mamtenance road alternatives; other mappm d d . h I d'fi' d d' f the trails. maintenance roa s an access pomts; c anne mo I Icatlons; gra es and r. l~gl~ations of topS and toes of banks; typical drainage; and changes in grade or creek ::;uts. n1. The team would review findings and recommendations with the City of Dublin, Zone 7. ~~E and CDFG. We w~uld work to resolve discrepancie~ and conflicts, and identify inno\'3live solutions appropnate to the watershed and responsive to agency concerns. Task 3.3.1 Outfall Structures and Creek Crossings Outfall structures and creek crossings that have minimal effect on the channel bottom and low flow channel are desirable. Long-term erosion effects of these features should be considered as well. Disruption to the wildlife corridor should be minimized. "'ork Product: Report section describing constraints and opportunities to building outfall structures and creek crossings. Guidelines for planning and construction of outfall structures and cred: crossings, with prototypes and typical cross-sections. Task 3.32 Erosion Control Shon-term and long-term erosion can cause great damage to the channel and the wildlife corridors, and are costly to repair. Current standards of erosion control as well as special recommendations should be employed to prevent erosion damage. . Work Product: Report section describing potential erosion constraints, Guidelines for erosion control. Tasl: 3,3,3 Channel Modifications, Energy Flow Dissipators and Bioengineering Details. drawings and guidelines will be provided to show examples of the types of treatments to be utilized to conform to the policies of the specific plan. "'ork Product: Report section describing constraints and opportunities to channel modifications. energy flow dissipators and bioengineering. Guidelines for channel modifications, energy flow dissipaters and bioengineering, with prototypes, typical cross-sections, drawings and details. Task 334 Trails and Maintenance Roads dL: Associates and the project team will develop guidelines and standards for the planning, design and construction of trails and maintenance roads. The policies of the specific plan as well as new information and agreements negotiated with the eventual owners and maintenance agencies will be incorporated into the guidelines. "'ork Product: Report section describing constraints and opportunities to building trails and maintenance roads. Guidelines for planning and construction of trails and maintenance roads, with plan ,;ew graphics and typical cross-sections. . 18 --..- I T k 3 3,5 Development-Corridor Interface d:~ s~ciates and the project team will develop guidelines and standards for the appropriate l"u.~en. of the development in'erface wi.h .he creek corridors. I ". k Product: Report section describing constraints and opportunities to the development- co:dor interface. Guidelines ~or planning of the development-corridor interface, with plan view graphics and typical cross-sectIons. Task 3.3.6 Agency R~view. . . dk Associates will revIew findings wIth ACFCWCD, EBRPD, CDFG, ACOE and the CIty of Dublin. A comprehensive description of the regulatory review will be repeated in Task 3.4 Regulatory Compliance. "'ork Product: List of Agencies and Regulatory Requirements Task 3.3.7 Planning Related Guidelines and Report In coordination with the consultant team, dk Associates will prepare a report describing the existing conditions, opportunities and constraints relating to planning, and standards and guideli;es. which would be illustrated by plan view graphics, details, prototypes and typical cross- sections. Work Product: Planning report sections and guidelines, This report will be integrated with the biology and hydrology report sections and will be provided in both paper and generic digital forms. It .....ill include: · Describe Existing Site Conditions, Opportunities and Constraints · Trails Construction - show location and access points on plan view and typical cross-sections · Maintenance Road Construction - show location on plan view and typical cross-sections · Outfall Structures - provide prototype or detail · Creek Crossing - provide typical cross-sections · Erosion Control · Grading of Detention Basin - provide schematics · Channel Widening and Stream Terraces - provide typical cross-sections · Installation of Energy Flow Dissipators or Check Dams - provide prototype or detail · Bioengineering Structures - provide prototype or details · List of agencies requiring review, consultation or permitting Task 3.4 Imolementation and Re2'ulatorv Comoliance Task 34. I Jurisdiction and Compliance Requirements of Agencies The team wiII summarize all regulatory compliance requirements from Task 3.1 Hydrology, 3.2 Biology, and 3.3 Planning. We will include a critical path chart for each agency and describe _19 ~- ", , , . ~, . . , . i ~. it i' ! ; : ~ ~ ~ , ' . < . " it ':- ; ~ ,< ; , ~ :' , ' ; i i t ; , . . . . interdependency of certain reviews and permits. Agencies will include: City of Dublin, Zone 7, Alameda County, EBRPD, CDFG, ACOE. USFWS. RWQCB. Work Product: Critical Path Chart Task 3.4.2 Implementation The team will provide alternative solutions for phasing issues, e.g., creek, trail and flood control improvements may require concurrent construction. We will describe other implementation issues as well and will make recommendations for the phased construction of improvements. Work Product: Report section discussing phasing. Task 3.5 Lom~:- Term Mana2ement Guidelines The team will evaluate constraints to corridor maintenance. We will explore opportunities of EBRPD as a management entity and evaluate management responsibilities. Work Product: Report section describing long-term maintenance and management issues. Guidelines for management responsibilities, creek maintenance and structure maintenance. TASK 4. GRAZING AND MANAGEMENT PLAN Sycamore with the assistance of Dan Holmes, will prepare a Grazing Management Plan that will generally follow the outline below. . Grazing Management Goals - include range management, biological resource, visual and fire hazard goals Target Species and Habitats - describe sensitivity, habitat and reproduction requirements, home range of animals Justify Grazing as a Management Tool State Grazing Objectives - to maintain or enhance target species and habitats Grazing Guidelines - animal types, stocking rate, timing and duration Grazing Facilities - include fences, water sources, corrals, salting areas Administration - leases, ability to implement sound range management, move livestock and responsiveness Monitoring Program - forage quality and residual dry matter (RDM) Reporting . . . . . . . . 20 SCHEDULE The consultant team is prepared to initiate this contract upon receipt of authorization from the City of Dublin. A late October 1995 starting date is feasible. We anticipate that it would take approximately two months to complete the scope of services, after receipt of a signed contract and project information described below. This assumes that the City of Dublin will be able to provide the maps and other information at or before the initiation of the contract, provide timely reviews of our drafts and meet with our team as needed. To complete our described field work and prepare plans and graphic work products, we request the following information from the City: aerial photo mylar of the entire site, aerial topo of the entire site, a map showing the property ownerships, maps from the Specific Plan that can be reproduced for the Guidelines, any aerial photos of the site, names and phone numbers of the ranchers grazing the lands that are the subject of the Grazing Management Plan, and contacts to gain access to the site. BUDGET The consultant team proposes to provide the described services for a lump sum fee of $3 8,000. Reproduction will be provided at cost plus 10%. This proposal is valid for a 60-day period, Sycamore Associates LLC is a Women Business Enterprise and an Equal Opportunity Employer. 21 ." . . EXHIBIT B . PAYMENT SCHEDULE CITY shall pay CONTRACTOR an amount not to exceed the total sum of Forty Thousand Dollars ($40,000) (including reimbursable expenses) for services to be performed pursuant to this Agreement. CONTRACTOR shall submit invoices during the term of this Agreement based on the cost for services performed in accordance with the following schedule: Monthly but not more often than once a month; and provided further, in no event tlfall CITY pay CONTRACTOR a sum exceeding 20% of the total sum due for ~ervices pursuant to this Agreement in anyone month; and provided further, CITY shall pay the last 20% of the total sum due pursuant to this Agreement within forty-five (45) days after completion of the services and submittal to CITY, if all services due pursuant to this Agreement have been satisfactorily performed. The total sum stated above shall be the total which CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. .:hibit B ~age 1 of 2 4/1/90 CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the pridIIJ therefor is agreed to in writing executed by the City Manager or other designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONTRACTOR is not authorized to perform any services or incur anJllt costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 2 of 2 4/1/90 . EXHIBIT C . CITY shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for CONTRACTOR'S use while consulting with CITY employees and reviewing records and the information in possession of CITY. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of CITY. In no event shall CITY be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. . ehibit C Page 1 of 1 4/1/90 EXHIBIT D GENERAL PROVISIONS . 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required ,for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which ar. legally required for CONTRACTOR to practice his profession. 3. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. 4 . INSURANCE REOUIREMENTS. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR'S bid. . Exhibit D Page 1 of 7 4/1/90 . (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed .1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability . Insurance. (b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' . Exhibit D Page 2 of 7 4/1/90 Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per . accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees an~ volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONTRACTOR I S insurance coverage shall be primary insurance as respects the CITY, its officers, Exhibit D Page 3 of 7 4/1/90 officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, -.' officials, employees or volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute . with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. The CONTRACTOR' S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the . CONTRACTOR for the CITY. 3. Professional Liability. CONTRACTOR shall carry professional liability insurance in an amount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in this Agreement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in . Exhibit D Page 4 of 7 4/1/90 limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, to the CITY. has been given ." (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coverage. CONTRACTOR shall furnish CITY with certificates of insurance and wi th original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences . The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. insureds under CONTRACTOR shall include all subcontractors a. its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subj ect to all of the requirements stated herein. (h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on .' Exhibit D Page 5 of 7 4/1/90 behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR . shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, CONTRACTOR shall, immediately upon receiving notice" from CITY of such desire of CITY, cause the removal of such person or persons. 8 . STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services . required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. 9 . HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated by the CITY, on account of the performance or character of the work, . Exhibit D Page 6 of 7 4/1/90 unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmle~ the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that- this agreement is not a construction contract. By execution of this agreement CONTRACTOR acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. . Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONTRACTOR pursuant to this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. E~hibit D Page 7 of 7 4/1/90 a:contract.personnel forms .