HomeMy WebLinkAboutReso 115-09 Downtwn SP EIRRESOLUTION NO. 115-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN
AND RBF CONSULTING AND AUTHORIZING THE CITY MANAGER TO SIGN THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Fiscal Year 2006-2007 City Council Goals and Objectives included, as high
priority goals, the preparation of a General Plan Community Design Element, and the preparation of a
comprehensive Downtown Dublin Specific Plan (DDSP) (with Design Guidelines) that combines the area
of the existing Downtown Core Specific Plan, Dublin Downtown Specific Plan, West Dublin BART
Specific Plan, and San Ramon Road Specific into one specific plan; and
WHEREAS, the City Council held a public meeting on February 27, 2009 and adopted a
Resolution approving a draft Funding Agreement with the Metropolitan Transportation Commission
(MTC) for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for
the Downtown Dublin Specific Plan; and
WHEREAS, the City of Dublin distributed a Request for Proposals to solicit a consultant to help
prepare an Environmental Impact Report for the Downtown Dublin Specific Plan; and
WHEREAS, the City of Dublin City Council has directed Staff to move projects expeditiously,
and hire consultant firms when services are needed; and
WHEREAS, RBF Consulting has shown that they have the ability to perform the planning
services required; and
WHEREAS, RBF Consulting will perform the work outlined in the draft Proposal/Scope of Work
and according to the Fee Schedule and will complete the work within thirty months, which is included as
apart of the Consultant Services Agreement ("Exhibit A" to this Resolution); and
WHEREAS, the MTC is currently reviewing the Scope of Work for compliance with the Grant
Program and the City cannot execute the Consulting Service Agreement until MTC has approved the
Scope of Work and has executed the Funding Agreement; and
WHEREAS, the contract has 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
hereby approve the agreement with the above-mentioned consultant.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager to execute the agreement once the Funding Agreement has been approved by
the Metropolitan Transportation Commission (MTC) and make minor modifications to the scope of work
and timeline if required by MTC.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 21st day of July 2009 by the following vote:
AYES: Councilmembers Biddle, Hart, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Vice Mayor Hildenbrand
ABSTAIN: None
ATTE
,~
~ City Clerk
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M^
Mayor
Reso. No. 115-08, Adopted 7-21-09, Item 7.3 Page 2 of 2
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND RBF CONSULTING
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
RBF Consulting ("Consultant") as of July 21, 2009.
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 September 30, 2010, 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 conformance with 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 maybe 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 not to exceed t~No
hundred ~n;t tvrtl~ thousand dollars {52~10,Ot~tY, notwithstanding any contrary indications that may be
contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as
Exhibit A, 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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City of Dublin and RBF Consulting Page 1 of 15
EXHIBIT A TO
ATTACHMENT 2
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
andlor 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 and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
^ Serial identifications of progress 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, and
each reimbursable expense;
^ 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, and for authorized reimbursable costs incurred. 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 Payment. 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 Additional Services. City shall make no payment for any extra, further or additional
services pursuant to this Agreement unless such extra service and the price therefore is
agreed to in writing, executed by the City Manager or other designated official of the City
authorized to obligate City thereto prior to the time such extra service is rendered and in no
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City of Dublin and RBF Consulting Page 2 of 15
event shall such change order exceed twenty-five percent (25%) of the initial contract
price.
2.5 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,
unless the Agreement is modified prior to the submission of such an invoice by a property
executed change order or amendment.
2.fi Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.7 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.8 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.9 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 and reimbursable expenses 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.
2.10 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 furnish physical facilities such as desks, filing cabinets, and conference space, as maybe
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.
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City of Dublin and RBF Consulting Page 3 of 15
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.
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 canceled by either party except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City except for non-payment of premium for which such notice shall be
ten (10}days.
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 asks 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.
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City of Dublin and RBF Consulting Page 4 of 15
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.1/73)
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:
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 canceled by either
party except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City except for non-
payment ofpremiums for which such notice shall be ten (10) days.
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.
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4.3.1 Any deductible orself-insured retention shall not exceed $250,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be canceled by either party
except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City except for non-payment of premiums for
which such notice shall not exceed ten (10) days.
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:
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 to
the degree that such coverage remains commercially available at a
reasonable rate. 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.
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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.
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. !n 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 Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
^ Terminate this Agreement.
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Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify and hold harmless the City and its officials, officers, employees, agents, and volunteers from and
against any and ali 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, or by acts for which they could
be held strictly liable. 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 Califomia 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
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 Califomia 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 California 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 Auent. 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
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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 California 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.
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.
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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
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extensian 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
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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
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 by law, 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 California 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.
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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 courts of California 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.
10.5 Successors and Assiuns. 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 Califomia Govemment Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer 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 ef.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 Govemment Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of Califomia.
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.
Consulting Services Agreement between July 21,
City of Dublin and RBF Consulting Page 12 of 15
10.9 Contract Administration. This Agreement shall be administered by Jeri Ram,
Community Development Director ("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:
Bill Wiseman
Manager of Planning Services
RBF Consulting
111 W. St. John Street, Suite 850
San Jose, CA 95113
Any written notice to City shall be sent to:
Erica Fraser, AICP
Senior Planner
City of Dublin Community Development Department
100 Civic Plaza
Dublin, CA 94568
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 report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with repod/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
reporUdesign 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
Joni Pattillo, City Manager
CONSULTANT
Bill Wiseman, Vice President,
RBF Consulting
Consulting Services Agreement between July 21, 2009
City of Dublin and RBF Consulting Page 13 of 15
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
Consulting Services Agreement between July 21, 2Q09
City of Dublin and RBF Consulting Page 14 of 15
EXHIBIT A
SCOPE OF SERVICES
Including Scope of Work, Proposed Timeline, and Fee Schedule
Consulting Services Agreement between July 21, 2009
City of Dublin and RBF Consulting Page 15 of 15
Downtown Dublin Specific PIah~IR r
Scone of Work
Downtown Dublin Specific Plan EIR
Scope of Work
Phase 1: Project Orientation and Definition, Notice of
Preparation, Scoping Meeting, and Travel Demand Modeling
Task 1 would provide RBF with clear direction and information required to begin work on the
EIR. This task would include preparation of the Notice of Preparation, conducting a scoping
meeting, and conducting the travel demand modeling for the proposed project.
Kickoff Meeting
RBF will attend a kickoff meeting with City staff and other members of the project team to orient
all parties to the proposed project and the scope of work. This meeting would include a review
of the overall schedule and the responsibilities of the various members of the project team. RBF
would obtain copies of all relevant documents and studies completed on behalf of the City and
confirm the project schedule with City staff. One of the most important activities at the meeting
will be a discussion of the City's goals for the proposed project and the project team, the roles of
all consultants, and an understanding of the desired end products. This will help ensure that all
elements needed to complete the project successfully are covered and will allow gaps to be
identified and filled.
RBF staff members are already familiar with the planning area. However RBF recommends that
a short guided group tour of the planning area be conducted as part of the kick off meeting
focus on any potential sensitive areas. In addition, an important task at this meeting will be to
establish communication protocols between RBF and the City, other members of the project
team, and property owners/developers in the planning area.
Prepare Project Description and Notice of Preparation
Project Description
One of the most important tasks relative to the preparation of a legally defensible EIR is the
development of an accurate and adequate project description. The project description for the
EIR will be developed as part of the Specific Plan and modified as appropriate for the EIR.
As part of this task, RBF will gather and review existing information, including project
information and background studies. Appropriate resource specialists will visit the planning area
and conduct informal consultation with Responsible and Trustee agencies to ensure the Notice
of Preparation (NOP) fully addresses available information and anticipated project impacts.
Notice of Preparation
Because the City has determined that the proposed project would require afull-scope EIR, RBF
proposes preparation of a detailed NOP for the proposed project that explains what
environmental issues would not be addressed within the EIR (e.g. impacts to agricultural
7/13/2009 Page 1
CONSULTING
Exhibit A
Downtown Dublin Specific Pt~n EIR '
Scope of Work
resources), focusing discussion on the potentially significant environmental affects. This would
eliminate the need for preparing an initial study.
The NOP will adhere to the content requirements set forth in CEQA Guidelines, including
information describing the proposed Specific Plan, its location, and probable environmental
effects. RBF will also prepare the public notices advertising the proposed scoping meeting and
will work with the City to ensure the notices (NOP and Notice of Scoping Meetings) are
published and distributed to responsible agencies and the Office of Planning and Research
(OPR). This scope of work assumes that the City would provide payment for publication of the
notice in applicable newspapers.
Comments received during the 30-day public review period for the NOP will be used to finalize
the scope of the EIR. RBF will review and list all comments and- determine whether any issues
require a modification to the scope of services. The list of comments received will be provided to
the project team.
Public Scoping Meeting
RBF will coordinate and assist the City in conducting a public scoping meeting for the proposed
project. The proposed Specific Plan would be presented at the scoping session along with a
brief overview of the probable environmental effects of the proposed project. For budgeting
purposes, this task assumes preparation for and attendance at one scoping meeting by two staff
members. Input provided by agency staff and the public at the scoping meeting will be
documented and addressed in the impact analysis of the EIR, as appropriate. RBF strongly
believe in soliciting comments about potential environmental issues early in the process. To
have an effective and wide-reaching solicitation and participation in the public scoping meeting,
RBF will work with City staff to identify relevant organizations, including environmental
organizations that could have an interest in the proposed project and the EIR.
Deliverable 1A: Kickoff Meeting, Prepare Project Description and Notice of Preparation, and
Public Scoping Meeting
Completion Date: September 7, 2009
Transportation Model Development
Fehr ~ Peers, as a subconsultant to RBF will prepare the transportation model that will be used
for the traffic and transportation analysis.
As an alternative to developing a windowed sub-area model for the Downtown Area, as directed
in the RFP, Fehr & Peers proposes to develop a Traffix Model to represent the Downtown
Specific Plan Area. A Traffix model is a manual traffic assignment tool that allows the engineer
to directly input project characteristics, such as trip generation and trip distribution into the
model and review project trip routing through the study area. With this method, the resulting
forecasts would reflect the unique trip generating characteristics that are expected to occur with
development around the BART station.
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CON3U LTIIYG
Downtown Dublin Specific Plarrl~IRr r
Scope of Work
Data Collection and Model Development
To develop the Traffix Model, Fehr & Peers will obtain a listing of approved and pending
projects in Dublin and Pleasanton from City staff. The CCTA model would be used to develop
growth rates that reflect regional traffic through the area. Traffic from the approved and pending
projects would be added to the existing traffic volumes at the intersections, based on when
those projects are expected to be complete. The Cumulative No Project model can be
completed within 4 weeks of receipt of data relating to approved projects in Pleasanton and
Dublin. The following intersections will be included in the model:
1. Amador Valley Boulevard/San Ramon Road
2. Amador Valley Boulevard/Regional Street
3. Amador Valley Boulevard/Starward Drive
4. Amador Valley Boulevard/Donohue Drive
5. Amador Valley Boulevard/Amador Plaza
6. Dublin BoulevardNillage Parkway
7. Dublin Boulevard/San Ramon Road
8. Dublin Boulevard/Regional Street
9. Dublin Boulevard/Golden Gate Drive
10. Dublin Boulevard/Amador Plaza
11. Dublin BoulevardNillage Parkway
12. Saint Patrick Way/Golden Gate Drive
13. Saint Patrick Way/Amador Plaza/Interstate 680 (I-680) Southbound Ramps
14. I-680 Northbound RampsNillage Parkway
The scope of work and fee estimate assumes that traffic counts are provided to Fehr 8~ Peers by
the City.
Forecast Development
Trip generation for the Specific Plan Alternative would be calculated based on the methods
proposed under Phase 2, which incorporates vehicle trip generation adjustments based on the
distance to transit, density, and other design features of the Specific Plan alternatives. A
memorandum detailing the trip generating characteristics of the land use alternative would be
prepared and submitted to City staff for review within two weeks of receipt of the land use
information. Traffic forecasts would be developed for the Cumulative condition for the No
Project and With Project conditions. The resulting forecasts would be summarized on a figure
and provided to City staff within two weeks of completion of the No Project model and approval
on the trip generation. No level of service calculations will be provided as part of this task.
Deliverable 1 B: Develop Sub-area Traffic Model
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Downtown Dublin 5pecrtic N~anltite-
Scope of Work
Completion Date: December 31, 2009
Phase 2: Preparation of Administrative Draft EIR
The specific work efforts related to the environmental analysis that will be conducted in support
of the EIR are described in this section. All of this information will be included in the
Administrative Draft EIR (internal draft) for review and comment by the City.
Executive Summary
RBF will provide an Executive Summary for the EIR including summary of the project, an
overview of project impacts, mitigation, and levels of significance after mitigation, summary of
project alternatives and areas of controversy and issues to be resolved. The Executive
Summary will be presented in a columnar format.
Introduction and Purpose
This section will identify the purpose of the EIR and statutory authority under CEQA as welt
document-scoping procedures, summary of the EIR format, listing of responsible and trustee
agencies and documentation incorporated by reference.
Project Description
RBF will modify the project description prepared as appropriate when completing the
Administrative Draft EIR in order to ensure that the EIR is a legally defensible document.
Environmental Analysis
Each environmental analysis ~n the EIR will include sections for existing setting, thresholds of
significance used to determine the level of significance of any given impact, an analysis of
project-related impacts, and mitigation measures to avoid or reduce significant impacts. To the
degree possible, thresholds will be based on the City of Dublin General Plan and the City of
Dublin Genera! Plan E/R as well as Appendix G of the State CEQA Guidelines. Each resource
section of the EIR will include a summary of relevant General Plan policies that could avoid or
reduce significant environmental impacts. RBF will ensure that thresholds of significance are
acceptable to City staff before beginning the environmental analysis.
Geology and Soils
This section of the EIR will include information associated with the regional and specific geology
and soils constraints within the planning area (such as erosion hazards; compressible soils;
active faults, including the adjacent Alquist Priolo fault zone; and areas subject to subsidence)
and existing topography. RBF will discuss project impacts including seismic hazards, landform
modifications, and wind and/or slope water erosion to the extent feasible based on geotechnical
investigations that have been prepared within the planning area (e.g. Shannon Center Initial
Study). Due to the nature of the EIR, RBF does not propose additional geotechnical
investigations. Mitigation measures will be included in the EIR address any potentially
significant impacts from geology and soils. Potential mitigation measures would include
preparation of design-level geotechnical evaluations for subsequent development within the
planning area.
7!13/2009 - Page 4
co HS Urn No
Downtown Dublin Specific f~n EIR '
Scope of Work
Hazards and Hazardous Materials
RBF will prepare the Hazards and Hazardous Materials section of the EIR based on a review of
existing hazardous studies and City planning documents prepared for the planning area. RBF
will also contact the Alameda County Fire Department regarding any potential contamination in
the planning area from the presence of existing and historic auto dealerships, auto service
stations, and dry cleaners in the planning area. This scope of work assumes that existing
studies will be adequate for use in the EIR. In addition to potential hazardous materials located
within the planning area, this section will address potential impacts associated with the transport
of hazardous materials, and other potentially hazardous conditions. RBF will identify whether or
not the proposed project would interfere with any emergency response plans. Mitigation
measures also will be included in this section to address any significant or potentially significant
impacts.
Public Services
The public services section of the EIR will address impacts to law enforcement, fire protection,
schools, solid waste, and parks and recreation. In addition to reviewing available municipal
services documents, RBF will contact each of the affected public service providers (i.e., City of
Dublin Fire Department, City of Dublin Police Department, Dublin Unified School District, etc.) to
obtain relevant baseline and regulatory information, and solicit input on potential impacts.
Project-related demand for facilities and services will be estimated and compared against
existing capacity and proposed future capacity associated with intensification of the planning
area within the proposed Specific Plan. Impacts will be based on whether any new facilities
would be needed and if construction of such facilities could generate significant impacts.
Land Use and Planning
Based in part upon an analysis performed as part of preparation of the proposed Specific Plan,
RBF will assess the consistency of the proposed project with adopted plans and policies aimed
at reducing or eliminating environmental impacts, including consistency with the City of Dublin
General Plan and City of Dublin Zoning Ordinance. Existing land uses in the immediate vicinity
of the planning area would be described based on site visits, aerial photographs, and other
information that is evaluated as part of preparation of the proposed Specific Plan. This section
will also evaluate repeal of the five existing specific plans within the planning area.
Deliverable 2A: Executive Summary; Introduction and Purpose; Project Description;
Environmental Analyses -Geology and Soils, Hazards and Hazardous Materials, Public
Services, Land Use and Planning; Effects Not Found to be Significant -Agricultural, Biological,
Cultural, Mineral, and Population/Housing and Recreation.
Completion Date: December 7, 2009
Hydrology and Water Quality
The hydrology and water quality section of the EIR will address short-term temporary
construction-related effects on hydrology and water quality; long-term project-related water
quality; permanent changes to stormwater drainage and/or flooding; project-related impacts to
groundwater quantity and quality; and cumulative on-site and off-site hydrology and water
quality impacts. Applicable federal, State, and local regulations for stormwater drainage, grading
7/13/2009 Page 5
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Downtown Dublin Specific P}e~ EtR
Scope of work
and erosion control, and other water quality protection procedures will be described, and where
necessary, additional feasible mitigation measures will be identified. This section would be
based in-part on discussions with City of Dublin Public Works Department and Zone 7 staff
regarding the local and regional drainage facilities and water supplies. This section will also
address potential impacts to Dublin Ramon Services District (DSRSD), the special district that
provides water services to the City of Dublin and adjacent area. Off-site water quality effects
associated with construction and long-term urban development will be evaluated.
Several properties within the planning area are located within the. Federal Emergency
Management Agency (FEMA) 100-year floodplain, which would be subject to floodplain
regulations. To comply with the requirements of CEQA, the potential effects of the proposed
project on flooding will be evaluated. Impacts will be identified and mitigation measures will be
described to reduce any significant impacts to surface water and groundwater quality and
hydrology resulting from the proposed project to a less than significant level.
Visual Resources
The visual resources section of the EIR will include be characterization and identification of the
visual characteristics of the planning area. RBF will characterize the existing aesthetic
environment and visual resources, including a discussion of views within the planning area and
views from surrounding areas, particularly from the adjacent uses, utilizing information from the
proposed Specific Plan. RBF will describe the visual characteristics and the regulatory
framework relating to aesthetics and~visual resources. RBF will discuss potential short-term and
operational visual impacts that would result from the proposed project. The character of the
urban design of the proposed Specific Plan will be evaluated with respect to its ability to
enhance the visual quality of the adjacent city and the visual experience of those visiting or
residing in the vicinity.
If available, any architectural renderings from the proposed Specific Plan will be included as
exhibits in the EIR. These renderings will provide design elements that will aid in the analysis.
The introduction of additional light and glare will also be addressed. Mitigation measures will be
provided where necessary to reduce impacts associated with the proposed project.
Utilities and Service Systems
RBF will prepare the utilities and service systems section of the EIR. The utilities and service
systems section of the EIR will address water supply, wastewater, electricity, natural gas, and
communications. Project-related demand for facilities and services will be estimated and
compared against existing capacity and proposed future capacity associated with the proposed
project. Service demand will be evaluated for each utility and service. Potential impacts to the
Dublin San Ramon Services District (DSRSD), which provides water and wastewater services to
the City of Dublin as well as Zone 7 will be addressed. Any impacts will be based on whether
any new facilities would be needed and if construction of such facilities could generate
significant impacts. RBF's description of the proposed infrastructure systems and any impacts
upon them or resulting from them will be based on information that is derived as part of the
Specific Plan process. If it is determined that off-site improvements needed to support the
proposed project could create a potential environmental impact, a scope adjustment may be
required.
7/13/2009 Page 6
CONlULTINLS
Downtown Dublin Specific Plan
Scone of Work
Deliverable 2B: Environmental Analyses -Hydrology and Water Quality; Visual Resources;
and Utilities and Service Systems.
Completion Date: February 12, 2010
Transportation and Circulation
As asub-consultant to RBF, Fehr & Peers will prepare the transportation section of the EIR.
Data Collection and Field Reconnaissance
The Request for Proposals notes that traffic count data and existing traffic signal timings would
be provided by City of Dublin staff for the proposed study intersections identified previously. We
will also conduct a field reconnaissance of the project site and surrounding roadway network to
verify existing intersection control, lane configurations, and other roadway characteristics. Data
for transit services, bicycle, and pedestrian facilities within the study area will be collected.
Trip Generation, Distribution and Assignment
Fehr 8 Peers will develop trip generation estimates for the Downtown Specific Plan preferred
land use alterative, including reductions to account for internal and non-motorized trips. The trip
generation estimates will be based on national research conducted by Fehr 8 Peers for the
EPA. This new and validated method relies on data from household travel surveys and GIS
databases from six metropolitan regions. Statistical equations derived from the data revealed
that the primary factors affecting reduction in automobile travel are:
• The total and relative amounts of population and employment on the site
• The site density (floor area ratio)
• The size of households and their auto ownership
• The amount of employment within walking distance of the site
• The pedestrian-friendliness (small blocks and sidewalks) of the site
• The density of bus stops, presence or absence of a rail station, and the access to
employment within a 30-minute transit ride of the site
These factors will be developed in consultation with the project team to ensure that the trip
generation estimates are consistent with the anticipated development plan.
Determining the directions of approach and departure for project traffic will be an iterative
process. First, the general traffic distribution by land use type will be determined using the
Contra Costa Transportation Authority (CCTA), City of Dublin Travel Demand Model, and
existing travel patterns in the area. Separate distributions will be developed for the specific site
uses (such as the retail, office, and residential components).
Fehr & Peers will document this information in a technical memorandum for the Project team
and City to review. Once the project trip generation is finalized, the trips will be assigned to the
road network using the directions of approach and departure.
7/13/2009 Page 7
CGN~U LTING
Downtown Dublin Specific Plart(~R
Scope of Work
Impact Assessment
The intersection peak hour level of service at each study intersection will be calculated using the
2000 Highway Capacity Manual method.
The impact analysis will be conducted for the following scenarios:
Scenario 7: Existing Conditions -Existing volumes obtained from traffic counts and the existing
roadway system configuration.
Scenario 2: Existing Plus Project Conditions -Traffic volumes from Scenario 1 plus traffic
estimated for the project. The roadway system will be the same as Scenario 1 plus additions
proposed by the project.
Scenario 3: Cumulative (2030) No Project Conditions -Projected traffic volumes and the
projected roadway system using the Model developed in Phase 1.
Scenario 4: Cumulative (2030) Project Conditions -Traffic volumes from Scenario 4 plus traffic
estimated for build-out of the project. The roadway system will be the same as Scenario 4 plus
additions proposed as part of the project.
Mitigation measures will be identified for impacts that exceed the thresholds established in the
significance criteria. The project's proportionate share of identified intersection and roadway
improvements will be calculated. In addition to the intersection analysis, VMT for the No Project
and Proposed Project condition under Cumulative (2030) conditions would also be documented
and summarized for inclusion in the EIR.
Deliverables: Technical Memorandum summarizing traffic forecasts for City review and
approval prior to completion of the technical document.
Congestion Management Aaency Assessment
A separate analysis of regional roadways is recommended to comply with requirements of the
Alameda County Congestion Management Agency (ACCMA). The ACCMA requires the
analysis of project impacts to Metropolitan Transportation System (MTS) roadways for
development projects that would generate more than 100 PM peak hour trips. The ACCMA
requires that the baseline forecasts be represented by the model run completed by the ACCMA.
Fehr & Peers proposes to add the project-related traffic directly to the baseline forecasts and
compare the net change as a percentage of total traffic.
The ACCMA model is based on the 2015 and 2035 forecast years. It will be used to evaluate
segments on the MTS roadways in the study area, to be identified in consultation with the
ACCMA.
Alternative Mode Assessment
Fehr & Peers will review the Downtown Specific plan to ensure safe and efficient circulation of
vehicles, bicycles and pedestrians through the Downtown area. We will review the plan for:
• Proposed roadway cross-sections
Emergency vehicle access and circulation
7/13!2009 Page 8
CONS ULTINO
~.
Downtown Dublin Specific Pian~E1R
Scope of Work
• Vehicular circulation within the Project area
• Pedestrian access and circulation within and adjacent to the Project site
• Bicycle access and circulation within and adjacent to the Project site
• Transit circulation within and adjacent to the to the Project site
Based on the expected transit mode calculated in Task 2 and the existing load factors of the
transit routes in the study area, estimated transit trips from the project will be added to the
existing routes in the area to determine if project-related transit trips can be accommodated by
the existing system. It is expected that the Specific Plan would be self-mitigating for alternative
modes and that potential issues would have been addressed in the development of the Specific
Plan.
Project Alternatives
Fehr 8~ Peers will perform a qualitative evaluation of up to two project alternatives. Trip
generation will be calculated and compared to that of the proposed project. The potential for the
alternatives to reduce the significant impacts of the project will be discussed; however, detailed
intersection and freeway analysis will not be completed for the alternatives.
Documentation
The following documents will be prepared:
• Trip Generation and Trip Distribution Memorandum
• Technical Memorandum summarizing traffic forecasts for City review and approval
• Administrative Draft Transportation & Circulation Section of EIR
• Draft Transportation & Circulation Section of EIR
This scope of work assumes that only minor editorial comments are received on the
Administrative Draft Transportation 8~ Circulation section. We have budgeted 18 staff hours to
prepare the final report for inclusion in the Draft EIR.
For the purposes of budgeting, we have included 10 hours to respond to Public comments on
the Environmental Impact Report. However, as the level of effort is unknown until comments
are received, a budget amendment may be necessary.
Station Access Plan (Optional)
Given our understanding of the City of Dublin and the type of likely development in the specific
plan area, there are key elements to the plan that Fehr 8 Peers can assemble to meet the
needs of MTC, BART and the local transit agency. Fehr & Peers will prepare a Station Profile
Analysis (using BART-provided intercept data collected in 2008); Direct Ridership Forecasting
for BART (2 land use/parking alternatives); and Station Access and Routing Plan based on the
Station Profile Analysis and Direct Ridership Forecasting. The access plan will identify how
different transportation modes can be accommodated at the BART station to maximize ridership
potential. Should this optional task be selected, a detailed scope of work will be prepared in
consultation with City, BART and MTC staff.
7/13/2009 Page 9
CONSULTINU
Downtown Dublin Sp~c PI Eli
Scope of ork
Interim Year 2020 Intersection Analysis (Optional)
Typically, programmatic environmental documents do not have an interim year analysis since
the specific projects are not identified at the time the programmatic work is completed. However,
if substantial mitigation is necessary to address specific plan-related impacts in Year 2030, an
interim analysis year can be performed to approximate the period when mitigation measures
must be installed. For this task, Fehr & Peers would use straight-line factoring to determine the
Year 2020 traffic forecasts and evaluate whether or not mitigation measures would be
necessary prior to buildout.
Meetings
This scope of work assumes attendance at 2 project team meetings. Fehr & Peers will be
available to attend additional meetings on atime-and-materials basis.
Air Quality and Global Climate Change
The Air Quality, Greenhouse Gas Emissions, and Global Climate Change section of the EIR will
address constriction-related emissions, long-term emissions, and the affects of global climate
change with implementation of the proposed project. The City of Dublin is located within the
jurisdiction of the Bay Area Air Quality Management District (BAAQMD). RBF will describe the
meteorological conditions and discuss ambient air monitoring data collected for the nearest
monitoring station. A description of the regulatory framework relating to air quality (i.e.,
California Clean Air Act, Air Quality Management Plan, etc.) will also be provided.
Construction-Related Emissions. Equipment exhaust and fugitive dust emissions resulting
from construction activities will be quantified using URBEMIS2007. Based on landform /grading
/ demolition /excavation data and assumptions provided by the project applicant (i.e.,
number/type of equipment needed for grading activities, project phasing, etc.), the analysis will
estimate equipment exhaust emissions utilizing the latest emission factors as prescribed by the
California Air Resources Board (GARB) and the EMFAC2007 and OFFROADS2007 models.
Emissions from soil hauling activities will also be quantified, if necessary. Fugitive dust
emissions will be quantified based upon the area daily disturbance.
Long-Term Emissions. RBF will quantify operational emissions then provide a comparison to
the BAAQMD thresholds of significance. The emissions will be quantitatively derived utilizing the
EMFAC2007 and URBEMIS2007 models. Project consistency with BAAQMD Air Quality
Management Plan plans, including the Clean Air Plan, will be evaluated. Potential Toxic Air
Contaminant exposure due to the proximity to the BART station will be addressed. However, a
full Human Health Risk Assessment is excluded from the scope of work.
Should project traffic warrant Carbon Monoxide hotspot modeling, RBF will model intersections
utilizing the BREEZE ROADS model.
Global Climate Change. RBF will follow the approach described in the California Air Pollution
Control Officers (CAPCOA) CEQA and Climate Change White Paper (January 2008) and
CARB's Climate Change Proposed Scoping Plan (October 2008). The analysis will
quantitatively assess the greenhouse gas emissions (nitrous oxide, methane, and carbon
dioxide) from both direct and indirect sources. RBF wilt draft a short section describing the
status of regulatory development of AB-32 (Global Warming Solutions Act), Senate Bill 97,
Senate Bill 375, and Executive Order S-3-05. RBF will also assess the project's significance
7!13!2009 Page 10
cavsu~nHa
Downtown Dublin Specific P,a~~ ri~n
Scone of Work
based upon the project's consistency with the California Attorney General's Recommended
Mitigation Measures and quantitative limit derived from the CARB scoping plan and CAPCOA
white paper.
Noise and Vibration
The noise and vibration section of the EIR will address constriction-related noise/vibration, as
well as operational noise with implementation of the proposed project. RBF will review
applicable State and City noise and land use compatibility criteria .for the project area. Noise
standards regulating noise impacts in the noise standards for the City of Dublin will be
discussed for land uses on and adjacent to the planning area.
RBF will utilize previous noise analysis for the area, including the West Dublin BART
Supplemental EIR and current City noise standards to qualitatively describe the noise and
vibration conditions for both short-term construction and long-term operation.
Deliverable 2C: Environmental Analyses -Transportation and Circulation; Air Quality and
Global Climate Change; Noise and Vibration.
Completion Date: April 30, 2010
Growth Inducement and Cumulative Impacts
RBF will discuss potential growth-inducing impacts pursuant to CEQA Guidelines Section
15126.2. The analysis in this section will be based on data from the Association of Bay Area
Governments (ABAG), California Department of Finance, and U.S. Census data. Potential
sources of growth inducement and their impacts, such as removal of obstacles to growth, will be
analyzed qualitatively to the extent they are applicable.
In accordance with Section 15130 of the CEQA Guidelines, this section provides a listing of
cumulative projects and actions under consideration. RBF will consult with City staff to define
the appropriate study area for the cumulative analysis (e.g. list of approved, pending or
proposed development projects in the City or general plan buildout). RBF will discuss
cumulative impacts for each environmental issue area identified above, and will provide both
quantitative and qualitative levels of analysis.
Alternatives
Pursuant to CEQA Guidelines Section 15126.6, RBF will provide an analysis of up to three (3)
alternatives, including an analysis of the "No Project" Alternative. The City is seeking a
sufficient level of detail to allow decision makers to gain a greater understanding of all
alternatives should a determination be rendered to support an alternative development scenario.
This alternatives section will culminate with the selection of the environmentally superior
alternative in accordance with CEQA requirements.
Additional Sections
RBF will provide additional sections in the EIR to meet the CEQA Guidelines including the
following: Significant Irreversible Environmental Changes, Effects Found Not to be Significant,
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Inventory of Mitigation Measures, Inventory of Unavoidable Adverse Impacts, and Organizations
and Persons Consulted /Bibliography.
This scope of work assumes that Effect Found Not to be Significant will include: Agricultural
Resources, Biological Resources, Cultural Resources, Mineral Resources, Population &
Housing, and Recreation. This section will be provided to the City as part of Deliverable 2A as
described in the RFP.
Mitigation Monitoring Program
To comply with the CEQA Guidelines Section 21081.6, RBF will prepare a Mitigation Monitoring
and Reporting Program (MMRP) to be defined through working with City staff to identify
appropriate monitoring steps/procedures and in order to provide a basis for monitoring such
measures during and upon project implementation. The Mitigation Monitoring and Reporting
checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the
proposed project. The checklist indicates the mitigation measure number as outlined in the EIR,
the Monitoring Milestone (at what agency/department responsible for verifying implementation
of the measure), Method of Verification (documentation, field checks, etc.), and a verification
section for the initials of the verifying individual date of verification, and pertinent remarks.
EIR Graphic Exhibits
The EIR will include exhibits to enhance the written text and clarify the proposed project
environmental impacts. Using state-of-the-art computer design equipment and techniques, our
in-house graphic design team will create professional quality, black and white or full color
exhibits, dividers and covers for the EIR and Appendices. All exhibits will be 81/2" x 11" in size.
Prepare Administrative Draft EIR
RBF will assemble all completed sections into a single consolidated Administrative Draft EIR
submittal (ADEIR) with appendices. The completed ADEIR will include edits to previous
deliverables. The ADEIR will include figures to enhance the written text and clarify the
proposed project's environmental impacts. The entire document will be reviewed to ensure
consistent references to terms, methodology of analysis, correct use of grammar, etc.
Prepare Public Review Draft EIR
RBF will respond to the City's review of the ADEIR and will prepare the Public Review Draft EIR
for the required 45-day public review period. This subtask also includes preparation of en
electronic screencheck EIR prior to publication of the public review draft EIR. In addition, RBF
will prepare the Notice of Completion (NOC) for submittal to the State Clearing House at the
Office of Planning and Research (OPR). RBF will also prepare the Notice of Availability (NOA)
for delivery to the State Clearinghouse. RBF will also work with the City to develop a
distribution listing for the NOC and Public Review Draft EIR. It is assumed that the City will be
responsible for publishing the NOA in the newspaper.
Deliverable 3A: Growth Inducement and Cumulative Impacts; Alternatives; Additional
Sections; Mitigation Monitoring Program; EIR Graphic Exhibits, Administrative Draft EIR; and
Public Review Draft EIR.
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Complete Date: June 15, 2010
Phase 3 -Certification of the Environmental Impact Report
Public Meetings and Project Management
RBF will attend the following meetings for the project:
• Project Kick-off Meeting
• Two coordination meetings with City Staff
• Public Scoping Meeting
• Community Workshop
• Joint City Council/Planning Commission Study Session
• Planning Commission Hearing on the DDSP
• City Council Hearing on the DDSP
Administrative Final EIR and Response to Comments
RBF will meet and/or coordinate with City staff to review written comments on the Public Review
Draft EIR; comments from public meetings/hearings; and develop a strategy and framework for
responding to comments. Given the fact that RBF does not know how many comment letters
and public hearing comments will be received, an effort estimate has been provided in the
budget. Once all comments are received, RBF will review them and discuss any modifications
to the budget estimate with City staff. Upon review of the comment letters and discussions with
City staff, RBF will prepare an Administrative Final EIR with written responses to comments
received on the Public Review Draft EIR that raise significant environmental issues.
The Administrative Final EIR will consist of comment letters, responses to comments, and
Public Review Draft EIR errata pages indicating text changes in underlined text for additions
and strikeout text for deletions, with notations for the relevant response to comment.
Draft Mandatory Findings
RBF will prepare the Draft Statement of Facts and Findings, including Statement of Overriding
Considerations for the EIR. RBF will prepare the Findings in accordance with the provisions of
Sections 15091 and 15093 of the CEQA Guidelines and in a form specified by the City. The
Findings will be written in such a way that they represent a "decision" package for the project
approval process. If any impacts are found to be significant and unavoidable, a Statement of
Overriding Considerations will be prepared describing why the proposed project should be
approved despite the significant and unavoidable environmental impacts.
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Final EIR
RBF will respond to City comments on the Administrative Final EIR, complete necessary
revisions, and prepare the Final EIR. RBF will also prepare and file the Notice of Determination
(NOD) within five (5) days of certification of the EIR by the City Council.
Deliverable 3B: Administrative Final EIR and Responses to Comments; Draft Mandatory
Findings; and Final EIR.
Completion Date: September 30, 2010
Project Assumptions
In addition to any assumptions noted above, the scope and associated costs are based on
several key assumptions, including the following:
1. The cost estimate includes meetings in Dublin that are identified in this scope of work.
Additional meetings would be billed on a time and materials basis.
2. All technical material, maps, project plans, GIS data, etc. will be provided to the RBF
Team at or before the project kickoff meeting and that no further modification to the data
will be required.
3. This scope of work assumes that Effect Found Not to be Significant will include:
Agricultural Resources, Biological Resources, Cultural Resources, Mineral Resources,
Population & Housing, and Recreation.
4. All products will be submitted to the City in electronic (PDF) format on a CD (and source
files if requested), except for printed copies as identified in this scope of work.
5. City staff will act as a clearinghouse for comments on all administrative draft documents
and will provide RBF with a single, internally reconciled set of comments for each
submitted draft document.
6. There will be a single round of review and revision to each Administrative Draft product
prior to the Screencheck Draft. If City staff feels that a second Administrative Draft is
needed, a contract amendment allowing additional work may be necessary, depending
on the circumstances associated with the additional changes.
7. Revisions to the Screencheck Draft will focus on typographical errors, formatting issues,
and other minor edits. Such revisions will not include content changes.
8. The City will develop the mailing list for distribution of the EIR and notices by RBF. The
City will be responsible for newspaper costs of publication of notices, which will be billed
directly to the City, so they are not included in the proposed budget.
9. The budget is based on completion of work within an agreed upon schedule. If
substantial delay occurs, an amendment of the budget will be warranted to
accommodate additional project management time and other costs. Substantial delay is
normally defined as 90 days or more.
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10. The extent of public comments received on the Draft EIR is not predictable. The
proposed budget includes a reasonable preliminary estimate of time to respond to
comments (169 hours). RBF will consult with City staff after the evaluation of the
comments to determine if the preliminarily estimated budget is sufficient.
11. Once the proposed project description, baseline and alternatives are approved by the
City for analysis in the EIR, it is assumed that they will not change significantly
thereafter. If changes requiring revisions to the analysis of rewriting of the EIR
information occur, an amendment of the budget would be warranted.
12. The CEQA statutes or guidelines may change during the course of this EIR, or legal
decisions can alter the extent of the analysis needed. If amendments or decisions
redoing work already performed or substantially increasing effort, a contract amendment
may be warranted.
13. This project includes an allowance for printing as shown in the attached budget. This is
an allowance only, based on the numbers of products and copies shown in this scope of
work. If this allowance is exceeded, additional printing costs will be billed at RBF's
actual cost.
14. City staff will be responsible for meeting logistics, including schedule coordination, public
outreach, document production, printing notices, mailing costs, room reservations, room
set-up and take-down, and refreshments.
15. The City will be responsible for identifying and communicating with all stakeholders
including on-going scheduling and coordination and distribution of all materials.
16. City staff wii! coordinate/schedule City department meetings.
17. No new technical analysis or preparation of technical reports will be required, other than
those identified in this scope of work.
18. Project schedule assumes timely review by City staff (20 working days) for all product
deliverables and assumes concurrent preparation of the EIR with the Specific Plan
19. RBF Consulting retains the right to transfer budget allocations between tasks to support
completion of the work products, as needed, as long as the total budget is not exceeded.
Shifts in task budget allocation will be at the discretion of RBF's Project Manager.
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