HomeMy WebLinkAbout4.04 Environ Conslt for Comm Dev~~
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 4, 2008
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
FINANCIAL STATEMENT:
BACKGROUND:
Consulting Services Agreement with HCG, LLC for Environmental
Consulting Services.
Report prepared by Jeri Ram, Community Development Director
1) Resolution Approving Consultant Agreement with HCG,
LLC with Agreement attached as Exhibit A.
2) Consultant Resume.
Adopt the Resolution approving a Consulting Services Agreement
with HCG, LLC; and authorizing the City Manager to execute the
contract (Attachment 1).
No impacts. The cost of Consultant Services for any given project is
borne by the Project Applicant.
During the past several years, the City Council has authorized Staff to hire outside consultants on an as-
needed basis to assist Staff with specific areas of technical expertise (CEQA, biology, large scale specific
plans, design review, etc.) and overflow of work. The Community Development Department has
contracted with several consulting firms on aproject-by-project basis with much success. Anticipated
workloads over the next several years dictate that this Department will need to continue to retain
consultant firms to handle overflow work in these areas including the environmental review of
development projects.
Staff is recommending adding an additional Environmental Consultant Firm, HCG, LLC, due to several
projects that are anticipated to be submitted over the course of the next few years.
This typical contract contains provisions that the Consultant will only perform work on a time and
material basis at the direction of the Community Development Director. No work will be done without
expressed permission, and all costs will be charged against the deposit the project Applicant has made to
fund the cost of processing the project.
COPY TO: Jeffrey Harvey, HCG, LLC
Page 1 of 2
ITEM NO. T• T"
G.~ICONTR,9CTSICCSRHarveyConsultdngGroup I1-4-OS.doc
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~CONCLUSION:
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Again, as noted earlier, no work will be done or funds expended unless funding is available and it has
been determined that outside help is needed to meet a specific time objective. This standard contract is
similar in nature to the master contract that has been reviewed and approved by the City Attorney.
The City has a standard contract for consultant services that Jeffrey Harvey, Principal and Senior Scientist~
at HCG, LLC has reviewed and accepted. The contract for consultant services specifies an amount of
$100.00 per hour of services proyided. HCG, LLC will provide environmental consulting services on an
as-needed basis and solely as requested by City Staff.
RECOMMENDATION:.
Adopt the Resolution approving a Consulting Services Agreement with HCG, LLC; and authorizing the
City Manager to execute the contract (Attachment 1). ~
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RESOLUTION NO. - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH HCG, LLC,
ENVIRONMENTAL CONSULTANTS, ON AN AS-NEEDED BASIS FOR OVERFLOW
SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED
TO PRIVATE DEVELOPMENT PROJECTS
WHEREAS, Staff has determined it necessary to hire technical support to provide environmental
review services, and
WHEREAS, the City of Dublin Planning Commission and City Council have directed Staff to
move projects expeditiously and hire consultant firms when services are needed, and
WHEREAS, HCG, LLC has demonstrated they have adequate ability to perform the
environmental review services required, and
WHEREAS, consultants will only perform work on a time and material basis at the direction of
the Community Development Director, and
WHEREAS, all costs will be charged to the Community Development Department budget and
will be paid by the Project Applicant of the specific project, and
WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreements with the above mentioned firm.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 4th day of November, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G: ICONTR,9CTSIreso jor Hervey Consulting Group contract.doc
ATTACHMENT 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND HCG, LLC
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
HCG, tLC, ("Consultant') as of November 4, 2008.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant 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 Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant 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 reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum of $100 per hour as
outlined in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's
proposal, for services to be performed under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit B, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City
for duplicate services performed by more than one person.
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Exhibit A
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed incurred prior to the
invoice date. Invoices shall contain the following information:
^ Serial identifications ofprogress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
^ The beginning and ending dates of the billing period;
^ A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
^ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work;
^ The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
^ The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed. City shall have 30 days from the receipt of an invoice
that complies with all of the requirements above to pay Consultant.
2.3 .Final Pyment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses are included in the hourly rate
provided under this Agreement and shall not be invoiced seperately.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs incurred for work satisfactorily completed as of the date of written notice
of termination. Consultant shall maintain adequate logs and timesheets in order to verify
costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall fumish physical facilities such as desks, filing cabinets, and conference- space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on aself-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether aself-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including. death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1173)
'covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed.12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy;
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a. City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance orself-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible orself-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, retum receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
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The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. 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 City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing 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.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
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During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
orself-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible orself-insured retention levels with a requirement that Consultant
procure a .bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
^ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
^ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consuitant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
^ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
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apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the Califomia Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of Califomia shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
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7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual- orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City. any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
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obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. -KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required bylaw, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under Califomia Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state couits of Califomia in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
Consulting Services Agreement between November 4, 2008
City of Dublin and HCG, LLC Page 11 of 15
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Govemment Code. Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No ofFcer or employee of City shall have any financial interest in this
Agreement that would violate Califomia Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Julie Carter,
Assistant to the City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Any written notice to City shall be sent to:
Joni Pattillo, City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Consulting Services Agreement between November 4, 2008
City of Dublin and HCG, LLC Page 12 of 15
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10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the repott/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with repott/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
CONSULTANT
. Harv y, Ph.D.
rincipal & Senior Scientist
Consulting Services Agreement between November 4, 2008
City of Dublin and HCG, LLC Page 13 of 15
-5 ~a~
EXHIBIT A
SCOPE OF SERVICES
Provision of planning and other development services including, but not limited to, environmental,
architectural, landscape architectural and/or biological consulting services to the City of Dublin regarding:
o Processing of development entitlements
o Processing City of Dublin projects
Said services shall be performed at the direction of the Community Development Director on an as-needed
basis, and will continue until terminated by either party as outlined in the contract.
Adjustment of Rates
Hourly rates shall be those set forth in Exhibit B (Payment Schedule)
Consulting Services Agreement between November 4, 2008
City of Dublin and HCG, LLC Page 14 of 15
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EXHIBIT B
COMPENSATION SCHEDULE
City hereby agrees to pay Consultant a straight sum not to exceed $100.00 per hour.
Consultant shall not bill for any reimbursable items.
Consulting Services Agreement between November 4, 2008
City of Dublin and HCG, LLC Page 15 of 15
I ~ ~a~
Resume: page 1 of 11
Jeffrey G. Harvey, Ph.D.
HCG, LLC
1861 Coarse Gold Place
Gold River, California 95670
(916) 799-6065 (office)
(916) 853-1267 (fax)
harvey-j eff@sbcglobal.net
Education
2008
Ph.D. in Geography, 1994
University of California, Los Angeles. Emphasis in Hydrology and Water Resources,
Environmental Law and Policy, Natural Resources Management, and Impact
Assessment.
Dissertation: Water Labyrinth: PolicyReformsforReallocationofCalifornia'sWaterResources
M.A. in Geography, 1983, with Distinction
California State University, Chico. Emphasis in Environmental Planning, Water
Resources Development, and Impact Analysis.
Thesis: Small Hydroelectric Development: Process, Issues and Methodology for Cumulative
Impact Assessment
B.A. in Geography, 1981
California State University, Chico. Emphasis in Physical Geography; minor
concentrations in Anthropology and Geology.
Professional Experience
2005 to present: Harvey Consulting Group, LLC (HCG, LLC)
Principal and Senior Scientist, private consulting practice providing professional services to local,
state, and federal agencies, and private developers for water, power and mining projects. Project
Director for the Eagle Mountain Pumped-storage hydroelectric Project; Water Transfer Program
Consultant to the San Diego County Water Authority, and Environmental Coordinator for the
Coachella Canal Lining Project. Primary specialties include NEPA and CEQA compliance, agency
coordination and consultation, impact assessment and mitigation, public involvement, and land and
water resources policy and management strategies.
1994 to 2005: Greystone Environmental Consultants, Inc.
California General Manager, responsible for general management of California offices in Sacramento
and San Diego (for a company headquartered in Denver, Colorado); administrative and personnel
management, business development, project management, client and public agency liaison. Technical
expertise in environmental impact analysis and mitigation pursuant to the National Environmental
Policy Act (NEPA) and the California Environmental Quality Act (CEQA), natural resources policy
Attachment 2
~s~a~
Resume: page 2 of 11 2008
and management strategies. Tasks also included proposal preparation, coordination of staff task
assignments, special report preparation, and quality assurance/quality control. Primary practice areas
include water resources, energy development, and mining.
1985 to 1994: Research Associates
Principal and Project Manager, private consulting practice providing professional services to local,
state, and federal agencies, nonprofit environmental groups, and private developers. Primary specialties
included environmental impact assessment and mitigation, community and regional land use planning,
project planning, and land and water resources policy and management strategies.
1981 to 1985: Eco-Analysts
Project Manager: Project manager and environmental analyst for environmental impact reports and
community planning studies for local land development; special studies in hydrology and drainage.
Project Management
Dr. Harvey has more than 25 years experience as a consultant in project planning and professional
reporting for local, state, and federal government agencies, nonprofit environmental groups, and private
resource developers. Dr. Harvey has organized and managed more than 250 projects, leading multi-
disciplinary teams of scientists, engineers, lawyers, economists, and planners. Projects have included
environmental reports and assessments, and special resource analyses for a variety of proposals
including water and energy development, mining, policy analysis of state-wide water resources and
energy systems management problems, large mixed land use developments, public infrastructure
projects, aggregate mining, and recreation resorts. As Senior Project Manager, he is responsible for
client liaison, team coordination and task assignments, and for keeping projects on schedule and within
budget. He also performs the primary quality assurance /quality control function for the team.
Special emphasis has been placed on client representation, active coordination with agency staff and
government decision-makers, and effective presentations and public testimony. Dr. Harvey also
specializes in development of public involvement programs and consensus building through education,
information management, and negotiations. He has conducted briefings and made special presentations
to State and federal agencies including the California Public Utilities Commission, California Energy
Commission, California Air Pollution Control Officers Association, Department of Water Resources,
State Mining and Geology Board, California Integrated Waste Management Board, Federal Energy
Regulatory Commission, Bureau of Reclamation, and Bureau of Land Management.
In managing planning and document preparation, Dr. Harvey has streamlined the reporting and
regulatory process through development of detailed project objectives and focused identification of
issues; effective consultation and liaison with regulatory agency staff and the applicant's
representatives; and preparation of concise, organized, and readable reports. He has developed cost-
effective mitigation strategies to resolve regulatory issues without impairing project goals, and has
prepared long term monitoring criteria to measure successful project implementation.
Dr. Harvey has worked on western water, energy and related natural resources policy issues since 1983,
including power plant and hydroelectric power development, water development, management, and
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Resume: page 3 of 11 2008
planning, and analyses of land and agricultural water use practices and conservation.. From 1989 to
1992 he worked on the San Joaquin Valley Drainage Program conducting resource management and
policy studies of irrigated agriculture for the purpose of reducing toxic levels of selenium in drainage
water, and to improve water use efficiency and water supply through improved on-farm water
management. As a consultant to the NHI in 1993-1994 he also prepared initial hydrological
investigations and inventory of groundwater basins and resources for development of a state-wide
conjunctive water use plan. In 1996-1997 he was Project Manager for preparation ofthe Environmental
Report for the California Public Utilities Commission to address state-wide policy and environmental
issues related to restructuring the electric utility industry. He was also Project Manager for the
preparation of an environmental report on the Sand Hollow Reservoir Project in southwest Utah,
including comprehensive analysis of hydrology and aquatic habitat effects on the Virgin River, a
tributary to the Colorado River.
Public Involvement
Dr. Harvey provides special expertise in scoping and public involvement processes. He has employed a
variety of methods and approaches to the public participation process, and has extensive experience in
conducting scoping and public involvement for complex and controversial projects. Dr. Harvey has
also coordinated stakeholder forums designed to build consensus on key resource policy issues by
soliciting effective input and dialogue between competing interests.
In the NEPA and CEQA scoping process, public involvement goals are accomplished primarily through
development of effective communication about the purpose and needs for a proposed action, and about
the range of reasonable alternatives that may exist to obtain project goals. Information is critical to the
success of public involvement, and to that end a range of tools are employed to make interpretative data
available throughout the process. Dr. Harvey's experience includes conduct of informal meetings,
formal hearings, roundtable meetings with representatives from key groups, open-forum scoping
meetings, mass mailings and managing an Internet web page to post project information. He has also
conducted briefings and presentations to agency and special interest groups, and prepared news
releases, public notices, and technical "white papers". Dr. Harvey also provides effective formal
testimony with graphic presentations at hearings and other agency forums as needed.
For scoping, the purpose of public meetings is to inform the public of the details of the proposed action
and alternatives so that concerns that develop are based on factual information; and to determine the
relevant issues and level of analysis appropriate to study the proposed action. The primary goals for
public involvement are to provide all parties with an opportunity to have their opinions recognized, and
to provide the Agency with a comprehensive legal record of its efforts to consider the perspectives of
all stakeholders in arriving at its final decisions.
Major projects for which Dr. Harvey managed public scoping and involvement activities include the
Sand Hollow Reservoir EIS in southwest Utah, and the environmental impact report for restructuring
the electric utility industry in California. The Utah project included preparation of public notices and
conduct of three scoping meetings, a scoping summary report, and numerous follow-up meetings with
local and federal agencies, other local water rights interests, and one regional environmental group. In
California, ayear-long public involvement process was conducted statewide restructuring ofthe electric
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Resume: page 4 of 11 2008
utility industry, a complex and contentious project. This scoping and public involvement program
included mass mailings to over 900 interested parties, a technical roundtable with more than 25
stakeholder groups, I1 public scoping meetings in cities throughout the state, input from working
groups to address specific technical issues, and management of an Internet web site for posting
information, reports, and the schedule data. Dr. Harvey prepared all text materials, moderated the
roundtable meetings, and made opening presentations at each of the scoping meetings. He also gave
testimony and made presentations to local air districts, the state Energy Commission and Air Resources
Board, and the federal Environmental Protection Agency.
Representative Projects
This partial listing of projects for which Jeff Harvey was Principal Investigator and/or Project Manager
is provided to demonstrate the range and scope of projects undertaken during recent years. Most work
has involved studies in natural resources policy and management, preparation of environmental impact
assessments, and environmental education programs.
Natural Resources Policy & Management
CEQA and NEPA Compliance and Related ESA Permitting: Water Transfer (300,000 Acre-Feet)
Agreement Between Imperial Irrigation District and San Diego County Water Authority; San Diego,
California, SDCWA
Transfer Program Consultant to SDCWA providing strategy guidance, technical analyses, and policy support for
compliance with NEPA, CEQA, and State and federal endangered species acts; and implementation of the Lower
Colorado River (LCR) Basin Quantification Settlement Agreement (QSA). Tasks include definition of analytical
scope, assist with scoping and public involvement, agency coordination and consultation, technical review and
critique of impact analyses, definition of mitigation requirements and assignment of responsibilities for
mitigation, and production of legally defensible draft and final documents. Lead role for SDCWA negotiations
with the USFWS on Section 7 consultation for the Lower Colorado River, and with CDFG on related California
Endangered Species Act consultation. A final major task included comprehensive cost analysis (net present
value) for implementation of all required mitigation measures over the 45 year contract term, and additiona130
year extension term. Ongoing tasks include QSA mitigation implementation, canal lining projects for water
conservation, implementation ofthe Loweer Colorado River MSCP, completion ofthe Habitat Conservation Plan
and natural Communities Conservation Plan (HCP/NCCP) for the Imperial Valley, participation in the advisory
committees for the Salton Sea Restoration Program, and related water supply programs.
Program Environmental Impact Report for Regional Water Facilities Master Plan, San Diego
County Water Authority
Senior Project Manager for the Program Environmental Impact Report for the Water Authority's
Regional Water Facilities Master Plan (Master Plan). The purpose of the Master Plan is to evaluate
the ability of the Water Authority to continue to meet its goals for current plans for water supply and
facility improvements, and to recommend new facilities or improvements to existing facilities needed to
meet water demands through 2030. The Plan included 35 facilities ranging from pipelines, water tanks,
and pumps, to water treatment plants, storage reservoirs, and seawater desalination plants. Additional
special assessments included water conservation, wastewater recycling, groundwater management, and
the relationship between water supply planning and land development planning.
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CALFED Bay-Delta Planning Program: Potential Effects on Federal Hydropower Generation:
Analyses undertaken for the Western Area Power Administration, Sierra Nevada Region, including
review of: 1) the Phase II Alternative Descriptions; Alternatives Appendices; and comment letters
submitted by the U.S. Bureau of Reclamation, U.S. Environmental Protection Agency, U.S. Fish and
Wildlife Service, and California Department of Fish and Game; and 2) the draft Ecosystem Restoration
Program Plan (Volumes I, II, and III). 1997.
Restructuring the Electric Utility Industry in California: Analysis of state and federal policy goals
for electric restructuring, and examination of changes in energy systems and related environmental
effects that can be expected through the transition to the new market-based system. The primary
purpose of the report is to examine the relationships between the electric energy system and the
environment, and assess changed environmental conditions under the new market-based system. Air
quality, an issue of particular concern, was evaluated using detailed simulation modeling of the electric
system in California and the entire western grid. Other issues evaluated include energy efficiency and
conservation; electric system reliability; public health (electromagnetic fields); and effects on land,
water, and biological resources. 1996-1997.
Conjunctive Water Use Management Study: Hydrologic, operational, and environmental constraints
analysis of combined surface and ground water management strategies for improved water supply and
environmental restoration in California; Natural Heritage Institute; 1993 - 199.
San Joaquin Valley Drainage Program, Institutional and policy analysis of agricultural water use
practices, conservation potential, and environmental mitigation opportunities in the San Joaquin Valley
of California; for Natural Heritage Institute; 1990 - 1992.
Land Ownership Analysis, Alternative Reservoir Sites for Metropolitan Water District, County of
Riverside, (under contract to EIP Associates), comprehensive inventory of land ownership based upon
tax assessors rolls in Los Angeles and Riverside counties for nine alternative reservoir sites, from which
the Diamond Valley (Dominigoni) Reservoir site was ultimately selected; 1987-1988.
Water Management Plan for the Thermalito Irrigation District, (for submittal to the Department of
Water Resources), Oroville, documenting urban and agricultural water use, land use, water conservation
measures, and 20-year projected water supply demands; 1985-1986.
Representative Environmental Impact Analyses
Eagle Mountain Pumped-Storage Hydroelectric Project (1,300 MW), Eagle Crest Energy
Company
Project Director and Owner's Representative for licensing of a 1,300 MW peak power pumped-storage
project in Southern California. License application is in preparation, and consultation is ongoing with
the Federal Energy Regulatory Commission, State Water Resources Control Board, Bureau of Land
Management, U.S. Fish and Wildlife Service, California Department of Fish and Game, National Park
Service. Coordination of environmental and engineering teams and strategy development for water
supply, water quality permitting, and transmission interconnection. Target license date is end of 2009.
as jai
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CEQA and NEPA Compliance and Related ESA Permitting: Water Transfer (300,000 Acre-Feet)
Agreement Between Imperial Irrigation District and San Diego County Water Authority; San Diego,
California, SDCWA
Transfer Program Consultant to SDCWA providing strategy guidance, technical analyses, and policy support for
compliance with NEPA, CEQA, and State and federal endangered species acts; and implementation ofthe Lower
Colorado River (LCR) Basin Quantification Settlement Agreement (QSA). Tasks include definition of analytical
scope, assist with scoping and public involvement, agency coordination and consultation, technical review and
critique of impact analyses, definition of mitigation requirements and assignment of responsibilities for
mitigation, and production of legally defensible draft and final documents. Lead role for SDCWA negotiations
with the USF WS on Section 7 consultation for the Lower Colorado River, and with CDFG on related California
Endangered Species Act consultation. A final major task included comprehensive cost analysis (net present
value) for implementation of all required mitigation measures over the 45 year contract term, and additiona130
year extension term. Ongoing tasks include QSA mitigation implementation, canal lining projects for water
conservation, implementation ofthe Lower Colorado River MSCP, completion ofthe Habitat Conservation Plan
and natural Communities Conservation Plan (HCP/NCCP) for the Imperial Valley, participation in the advisory
committees for the Salton Sea Restoration Program, and related water supply programs.
Program Environmental Impact Report for Regional Water Facilities Master Plan, San Diego County
Water Authority
Senior Project Manager for the Program Environmental Impact Report for the Water Authority's Regional Water
Facilities Master Plan (Master Plan). The purpose of the Master Plan is to evaluate the ability of the Water
Authority to continue to meet its goals for current plans for water supply and facility improvements, and to
recommend new facilities or improvements to existing facilities needed to meet water demands through 2030.
Beginning in September 2002, Dr. Harvey worked closely with Water Authority staff to design the PEIR to meet
specific short-term and long-term goals. The programmatic assessment needed to be completed on schedule, with
certification targeted for December 2003, so that project specific EIR's depending upon the PEIR could be
initiated in late summer /early fa112003. The PEIR was certified November 20, 2003, nearly one month ahead of
schedule, and within the original budget.
Blythe Energy Project and Blythe Energy Project II, Project Manager for Application for
Certification and Related Permitting, January 1998 to 2004. Comprehensive analyses and report
preparation for permitting a two 520 MW merchant power plants in southern California. In addition to
coordination of technical teams, Dr. Harvey managed and assisted in air permitting (including emission
reduction credits), development of a water conservation offset program, gas pipeline routing,
wastewater management plans, and land annexation to the City of Blythe.
Sacramento Voltage Support Project EIS
Dr. Harvey was Assistant Project Manager as a subconsultant to Tetra-Tech in preparing the
Environmental Impact Statement (EIS) that evaluated options for improving the voltage support
provided by the transmission system in the area of Sacramento, California. The project involved a
comprehensive analysis of required improvements to the transmission system. The focus of the work on
this project involved development of a detailed project description and an analysis of alternatives,
routing, and impacts to biological resources, and public involvement. The analysis included
transmission upgrades, replacements, and system augmentation to improve intra-regional power flows
and system capacity for regional power importation. The team developed criteria for selecting
alternatives to be analyzed in the EIS. In addition to several transmission alternatives (new lines and
upgrades), other alternatives were evaluated that included power generation, demand-side management,
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Resume: page 7 of 11 2008
and distributed generation. Alternatives removed from further analysis were also defined and disclosed.
The public involvement program involved meetings with the public as well as interagency and
stakeholder workshops to work through some of the technical and institutional issues associated with
the project.
Weber Dam Seismic Retrofit Construction Project Report, EI Dorado Irrigation District (EID)
Dr. Harvey was Project Manager for an EIR for EID for its proposed reconstruction project for the
Weber Dam, a concrete multiple-arch structure constructed in 1924. The existing dam was
determined to be at risk of failure in a maximum credible seismic event. Dam safety agencies
directed the EID to take action to eliminate the seismic safety hazard. Early in the study process we
determined that the retrofit project qualified for a Categorical Exemption under Section 15302(a) of
CEQA. The final determination was made based upon site-specific analyses of biological and
cultural resources to verify that no exceptions to the Categorical Exemption existed for the project.
A Project Report was subsequently prepared for EID to provide citizens, and local and state
agencies with information regarding the retrofit project. Issues addressed included examination of
construction impacts including traffic, noise, water quality, vegetation and habitat disturbance, and
potential land use conflicts. In addition, guidance was provided regarding compliance issues with
the federal Endangered Species Act, and NEPA, and development of materials for the Streambed
Alteration Agreement with the State Department of Fish and Game.
Mining Impact and Reclamation Study, Impact Analysis, Environmental Planning and Policy
Development, City of Irwindale, March 1998- April 1999. Project Manager for comprehensive analyses
of mining activities within jurisdiction of the City of Irwindale, including evaluation of environmental
and economic conditions, and options for reclamation and long-term economic development. A
comprehensive two-volume report was prepared including analysis of existing mining operations for
compliance with the state Surface Mining and Reclamation Act (SMARA), physical and environmental
effects of mining within the City, and development of reclamation policies to guide long-term land use
planning and economic development. The study covered 14 open-pit mines ranging from 80 to 500
acres in surface area, and minimum 100-feet to more than 200-feet deep. Of the 14 total sites, seven are
active mines, four are implementing landfill reclamation, and three are inactive mines. Follow-up tasks
have involved support in proceedings with the State Mining and Geology Board, assistance in
development and promotion of legislative proposals to amend SMARA, technical review of
reclamation plans and related environmental documents, and development of a revised financial
assurances program for the City.
Mining Assessment for the City of Azusa
Senior Project Manager for a project involving an assessment of the existing Vulcan Materials mining
operations to assist the City ofAzusa in determining the nature and extent ofexisting minerals resource
extraction entitlements under CEQA and SMARA and to identify required additional entitlements
necessary to allow for an expansion of operations to include an 80-acre parcel contiguous to
the existing 270-acre mine. Greystone is preparing a market assessment of existing materials mined by
Vulcan, a geologic assessment to determine future resource extraction value potential for
the proposed new 80-acre mine and future reclamation options and an analysis of current measurement
and reporting methodologies. Greystone will provide Azusa with an implementation strategy to
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improve reclamation planning and identify opportunities and actions for ensuring Vulcan complies with
all applicable City plans, policies and ordinances, SMARA and CEQA requirements.
United Rock Products Quarry and Reclamation Plan EIR for the City of Irwindale
Senior Project Manager for preparation of an EIR for a quarry expansion project that involved 3 quarry
locations, reclamation activities and post -reclamation land development projects. Key issues for the
project included air quality related emissions of fugitive dust, geotechnical and slope concerns,
groundwater exposure and contamination and underwater dredge activities. The impact analysis focused
on current and future activities to the approximate horizon year of 2100 due to the protracted rate of
quarry reclamation activities. This was a fast track project completed in five months after another
consulting firm had failed to perform, leaving the City in a schedule bind and facing litigation. The EIR
was successfully completed on the accelerated schedule, and litigation was avoided.
Goat Ranch Quarry EIR Review for the City of Shasta Lake
Greystone was retained the City of Shasta Lake, a Responsible Agency under CEQA, to conduct a
comprehensive review of the adequacy of an EIR prepared for a proposed aggregate mine and
asphalt production plant located in the unincorporated portion of Shasta County, California. The
proposed Goat Ranch Quarry project also included a Reclamation Plan proposed to be implemented
after the useful life of the quarry was exhausted, estimated to occur after a period of approximately
30 years. Key environmental issues for the project included land use incompatibility, roadway
based truck traffic, onsite use of explosives and related noise and vibration impacts, fire hazard and
emergency response plans and air quality impacts. Greystone provided an extensive technical report
to the City of Shasta Lake identifying fundamental shortcomings in the technical analysis and
adequacy of supporting documentation on which project effects and impact conclusions were based.
Vineyard Lake Estates EIR, Nevada County, California
Senior Project Manager for an Environmental Impact Report (EIR) for a residential subdivision built
surrounding three ponds at the Vineyard Lake Estates development in Nevada County, California. The
report identified and analyzed potential hydrologic impacts of maintaining the ponds adjacent to a wine
vineyard and determined the significance of potential seepage impacts on vine growth. The project was
controversial because of the valuable and expanding wine-making industry in Nevada County. The
technical approach included comparing pre- and post-construction surface water and groundwater
hydrology, examining existing groundwater elevation data from on-site wells, preparing cross-sections
of the ponds and neighboring areas to depict water elevations and potential impacts, and observing the
site during different weather and hydrologic conditions to identify potential impact areas. Alternatives
that were analyzed included various options for the ponds with mitigating measures, as well as the "No
Project" Alternative. The Final EIR demonstrated that local topography and hydrologic flow
characteristics precluded impacts to the vineyard, and a simple cut-off trench was included as a
mitigation measure to relieve the dispute between the neighboring landowners.
Sand Hollow Reservoir and- Land Exchange, Environmental Impact Statement, Analysis of
environmental conditions with operation of anoff-channel reservoir, including diversion of flows from
the Virgin River, and groundwater recharge and recovery from the underlying Navajo aquifer. Water
quality, an issue ofparticular concern, was evaluated using detailed simulation modeling ofthe Virgin
River and Navajo Aquifer. Other issues evaluated include water supply demands, water conservation
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planning, aesthetic, recreation, and effects on land, water, and biological resources. Originally started as
an Environmental Impact Statement (EIS) for the Bureau of Land Management (BLM), the report was
completed as a Project Environmental Report after the land exchange and reservoir development project
was legislatively approved as a part of the Omnibus Parks and Public Lands Management Act of 1996
(HR 4236). 1996-1997.
California Public Utilities Commission Preferred Policy for Restructuring the Electric Utility
Industry In California, EnvironmentallmpactRepnrt, Analysis of California's electric system and the
elements of that system that are changing in response to both federal and state mandates. Primary
issues evaluated include energy efficiency and conservation; electric system reliability; air quality;
public health (electromagnetic fields); and effects on land, water, and biological resources. The CPUC
terminated the EIR process after the legislature adopted a modified version of its restructuring plan and
negated the Commission's discretion under CEQA. The CPUC subsequently directed Greystone to
convert the EIR into an Informational Report for use by the public and responsible agencies. 1996-
1997.
Publications, Presentations, and Invited Speaking
The Role of and Need for Pumped Storage Hydroelectric Generation to Support Renewable Energy
Growth; HydroVision 2008 Conference, July 18, 2008; Sacramento, California.
Regional Water and Power Environmental Issue Case Studies -The All American Canal Lining
Project, Coachella Canal Lining Project, Salton Sea Ecosystem Restoration Program, and the Sunrise
Powerlink Transmission Project, California Chapter of the American Planning Association, Imperial
County Chapter, October 2006
California Mining.• Community Issues, SMARA Compliance, and State-of--the-Art Reclamation
Planning; California Chapter of the American Planning Association, Yosemite National Park,
California, October 2005
Water Supply Planning and CEQA Review: Impact Assessment Strategies; California Chapter of the
American Planning Association, Palm Springs, California 2004
Regional Water Supply Planning: Does securing a water supply induce growth? American Water
Resources Association, Santa Barbara, California 2003
The Ocean on Tap: Desalination ofSeawater and the "No Project Alternative "; California Chapter of
the American Planning Association, Santa Barbara, California 2003
Restructuring the Electric Utilitylndustry: Environmental Realities and Opportunities; Proceedings of
the Edison Electric Institute, Natural Resources Subcommittee, Mobile, Alabama, 1997
Environmental Planning for Statewide Electric Utility Industry Restructuring, National Association of
Environmental Professionals, Utilities Working Group, Orlando Florida, 1997
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Resume: page 10 of 11 2008
Theory and Practice of Environmental ImpactAnalysis: California State University, Chico: Advanced
Community and Regional Planning Seminar, 1996
Wilderness Management Issues: Government, Industry, Urban, and Activist Perspectives; panel
moderator, Workshop on Wilderness; Portland, Oregon, 1994
Wilderness Preservation: Goals and Conflicts: National Geographic Society, National Council on
Geographic Education Annual Meeting; Lexington, Kentucky, 1994
Water Labyrinth: Policy Reforms for Reallocation of California's Water Resources; (Abstract and
dissertation) Proceedings of the Association of American Geographers, Washington, D.C., 1994.
Water Labyrinth: Policy Reform for Reallocation of California Water: Association of American
Geographers Annual Meetings, San Francisco, California 1994
California Water: Problems and Opportunities: University of California, Los Angeles: Geography
Awareness Week Water Forum, 1993
Environmental Law and Policy and the Science of Impact Analysis in a Free Market Democracy:
California State University, Chico: Advanced Community and Regional Planning Seminar, 1993
Teaching the Hydrologic Cycle as a Scientific Model: National Geographic Society, National Council
on Geographic Education Annual Meeting; Halifax, Nova Scotia, 1993
Western Water Law and Policy: California State University, Chico: Department of Geography, Water
Resources Seminar, 1992
Investigation of Water SupplyAgencies & Institutions: Institutional Analysis for the San Joaquin Valley
Drainage Program, Natural Heritage Institute, San Francisco, California, 1991.
The Role of Water in Environmental Planning: California State University, Chico: Department of
Geography, Water Resources Seminar, 1991
Los Angeles Water Supply, Current and Future Problems: University of California, Los Angeles:
Geography Awareness Week Urban Issues Forum, 1990
Small Hydroelectric Development: Process, Issues and Methodology for Cumulative Impact
Assessment; Master's Thesis, California State University, Chico 1983
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Certifications /Continuing Education
2008
• Law of the Colorado River, CLE International, May 2007
• Law of the Colorado River, CLE International, April 2005
• California Water Law, CLE International, Apri12004
• Law of the Colorado River, CLE International, May 2004
• Law of the Colorado River, CLE International, May 2003
• Law of the Colorado River, CLE International, May 2002
• California Water Law, CLE International, Apri12002
• Law of the Colorado River, CLE International, May 2001
• Law of the Colorado River, CLE International, May 2000
• Law of the Colorado River, CLE International, May 1999
• Western Water Law, CLE International, March 1999
• California Water Law, CLE International, April 1997
• Watershed Planning, The Water and Land Use Nexus, California Water Policy Conference,
November 1995
• Groundwater Hydrology; USGS and McLaren Engineering, UC Davis Extension; 1989
• Expert Witness Techniques; U.S. Fish and Wildlife Service Training Program; 1985
• Field Techniques for Stream Habitat Analysis; U.S. Fish and Wildlife Service Training
Program; 1982
• Instructor Credential (#283860, lifetime), The California Community Colleges. Earth Sciences,
including Geography, Geology, and Geophysics; 1984