HomeMy WebLinkAboutReso 20-13 Heritage Pk GP RESOLUTION NO. 20 -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT WITH RBF CONSULTING TO
PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE HERITAGE PARK GENERAL
PLAN AND SPECIFIC PLAN AMENDMENT PROJECT AT 11875 DUBLIN BOULEVARD
AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF
THE CITY
WHEREAS, Bates Stringer Ventures submitted a request to study changing the General
Plan and Specific Plan land use designation on approximately 5.85 acres at 11875 Dublin
Boulevard from Retail/Office to Medium Density Residential; and
WHEREAS; on November 20, 2012, the City Council authorized the commencement of a
General Plan Amendment Study; and
WHEREAS, City Staff solicited bids from qualified consultants to prepare the necessary
environmental documentation in accordance with the California Environmental Quality Act
(CEQA) to analyze the impacts of the General Plan and Specific Plan Amendment study and
associated development project; and
WHEREAS, RBF Consulting prepared a detailed scope of work and fee proposal to
prepare an Environmental Impact Report for the proposed project that was best suited to the
needs of the project; and
WHEREAS, RBF Consulting has shown that they have the ability to perform the planning
and environmental consulting services required; and
WHEREAS, a budget not to exceed $123,994 (the total budget amount of $112,722 plus
a 10% contingency fund of $11,272 only to be used if authorized by City Staff and the Project
Applicant) has been established for the Environmental Impact Report; and
WHEREAS, RBF Consulting will perform the work outlined in the Scope of Work and Fee
Proposals once the contract is executed and once the Project Applicant has funded the
Developer Deposit Account to complete the work described in the Scopes of Work; and
WHEREAS, all costs associated with the preparation of the Environmental Impact Report
shall be borne by the Applicant; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
authorize the City Manager to execute a Consulting Services Agreement with RBF Consulting,
attached hereto as Exhibit A to prepare an Environmental Impact Report for a fee not to exceed
$123,994.
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PASSED, APPROVED AND ADOPTED this 5th day of March, 2013, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST: k Par-
City Clerk
Reso No. 20-13, Adopted 3-5-13, Item 4.2 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 March 5, 2013.
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 Heritage Park
Environmental Impact Report) 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 no later than June 30, 2014, 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.
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Section 2, COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $123,994
(the total budget amount of$112,722 plus a 10% contingency fund of$11,272 only to be used if authorized
by City Staff and the Project Applicant), 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
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specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this - •
•Agreement is based upon Consultants 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 ohce a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Said invoices shall reflect the specific tasks and
timetables identified in Exhibit A attached. 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 Work Not Authorized. City shall make no payment for any extra, further or •
additional services pursuant to this Agreement unless such extra service, and the price
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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 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 properly
executed change order or amendment.
2.6 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown in Exhibit A.
2.7 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A, and shaft
not exceed the amounts noted in Exhibit A. Expenses not listed in Exhibit A are not
chargeable to City. 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. .
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.
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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 Consultants 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 a self-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 a self-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. 1l73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
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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; 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.
b. 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 or self-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, except after thirty (30) days' prior written notice
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 or self-insured retention shall not exceed $150,000 per claim.
An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, except after thirty (30)days'prior written notice has been
given to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause,
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4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
• date of the Agreement.
b. . 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. AD 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.
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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 pridr express written
•
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-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.
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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 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, 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 tosses, 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 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, foss of life, damage to property, or violation of law. It is understood that the duty of
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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 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 Consultants 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 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. .
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Section 7, LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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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.
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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 ten (10)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
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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 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 Consultants 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. -
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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.
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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 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 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.
•
•
Consulting Services Agreement between March 5, 2013
City of Dublin and RBF Consulting Page 11 of 38
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 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 Government Code Section 81000 of 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 California Government Code Sections 1090 of 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 eL.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 Luke Sims,
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, Vice President
RBF Consulting
3180Imjin Road, Suite 110 . •
. Marina, CA 93933
Consulting Services Agreement between March 5, 2013
City of Dublin and RBF Consulting • Page 12 of 38
•
•
•
Any written notice to City shall be sent to:
Kristi Bascom
Principal 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 report/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 whiten or oral.
•
CITY OF DUBLIN CONSULTANT
Joni L. Pattillo, City Manager - Bill Wiseman, Vice President.
City of Dublin RBF Consulting
Attest:
•
•
Caroline Soto, City Clerk
•
Consulting Services Agreement between March 5, 2013
City of Dublin and RBF Consulting Page 13 of 15
•
Approved as to Form:
John D. Bakker, City Attorney
G:IPAa20131PLPA-2013 00002 Heritage Park Office GPARBF ccn&act to CC 03.05.2013kEx A-RBF Contract Elft.coc
, Consulting Services Agreement between - March 5, 2013
City of Dublin and RBF Consulting Page 14 of 38
EXHIBIT A
SCOPE OF SERVICES
Including Scope of Work and Fee Schedule for the Dublin Crossings Specific Plan
•
•
Consulting Services Agreement between March 5, 2013
City of Dublin and RBF Consulting Page 15 of 38
•
•
proposal
•
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Heritage Park HR
Project Understanding&Approach I Page 2-I
Project Understanding & Approach
Project Overview
The Dublin City Council has adopted a resolution approving the initiation of a General
Plan and Specific Plan Amendment Study to change the land use designation on
approximately 6.6 acres at 11875 Dublin Boulevard (known as the Heritage Park Office
Complex) from retail/Office to Medium Density Residential (the proposed project). The
project applicant (Bates Stringer Ventures) intends to develop the site with between 55-
60 small-lot single-family homes o.n 5.85 acres, and a 15,000 square foot office building
on the remaining 0.75 acres (see Figure 1: Heritage Park Preliminary Site Plan). -
Work on the General Plan and Dublin Village Historic Area Specific Plan Amendment
Study will be completed concurrently with processing any other entitlements that are
requested by the project applicant, including a Rezone, Tentative Subdivision Map, and
Site Development Review. A CEQA analysis is required to determine the associated
impacts from the proposed land use change including; consistency of the proposed
change with the Historic Overlay Zoning District and adjacent Heritage Park, proximity
to Interstate 580 (e.g. noise, air quality), seismic conditions due to an earthquake fault
zone that underlies the site, and potential traffic and transportation impacts.
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- ' Heritage Park EIR
• •
- Project Understanding 8: Approach I Page 2-2
Figure 1: Heritage Park Preliminary Site Plan
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PROPOSED ZONING: •
•
SNCI.F. FkkitY RESIDEIIIIAL PROPOSED ZONING
• R-i Orsiyum LOT SIZE SHUN IS 2,500 Sri)
AREA = 585 AC±
, . HERITAGE PARK
CCQMEROAL Of FICE CITY OF MAW ALANEDA COUNT( CALIFORNIA
C-0 -
AREA 033 ACi SCALP:N207 DATE:SPIBIBER 5,2012
TOTAL AREA 6.58 Act ritr64
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Source: Carlson,Barbee&Gibson,2012 .
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2122.L29,11-111/241-3
CONSULTING.
.
Heritage. Park Elk
Project Understanding&Approach J Page 2-3
Type of CEQA Document
In the request for proposal, City staff assumes that a "full" EIR may be required for the
proposed project. RBF considered whether an Initial Study and associated Mitigated
Negative Declaration (IS/AND) could be prepared. While it is technically possible, RBF
believes that this approach contains some inherent risks that may not be advisable. This
is due to the following factors:
• A general plan amendment is a discretionary action and therefore subject to a
higher-level of review given the precedent it sets;
• There are a number of potentially significant issues, particularly related to geology,
noise, air quality, and greenhouse gas emissions; and,
▪ If appealed, a judge would most likely rule that an EIR should have been prepared
due to the "substantial evidence" argument (which is a fairly low threshold).
RBF therefore recommends and has prepared a work plan (below) to prepare a project-
level ER that addresses only those environmental resource topics that have the potential
to cause a significant environmental impact.
Those resource topics that will not be fully analyzed in the project-level DR will be
addressed in a section of the EIR entitled "Effects Found Not to be Significant." In some
cases, conditions of approval for some of these topic areas will be discussed including a
rational for determining a less than significant impact. For example, a discussion of the
protection of archeological resources, if found during construction, will be included as -
part of the discussion regarding cultural resources.
Topics to be included and excluded from detailed analysis in ER are listed below.
' - �i D >
g i ar i ?SI "
▪ Aesthetics e Agricultural Resources
• Air Quality & Global Climate a Biological Resources
Change
▪ Cultural Resources n Mineral Resources
• Geology/Soils o Population& Housing
•
• Hazards & Hazardous Materials Recreation
• Hydrology & Water Quality a Transportation/Traffic
• Land Use/Planning
• Noise & Vibration
▪ Public Services
•
Utilities/ Service Systems
,4
2/:2/20131-4-1011-3
CONONLTINO
• Heritage Park EIR
Project Understanding&Approach I Page 2-4
•
Preparation of an Initial Study
City staff has indicated that an Initial Study may be necessary to "scope out" some of the
environmental resource sections. However, RBF does not believe that an Initial Study is : ;
necessary. •As described in Sections 15063 and 15060 (d) of the CEQA Guidelines, the preparation
of an Initial Study is an optional task which is left to the discretion of the Lead Agency
(in this case, the City of Dublin). In particular, CEQA not only allows proceeding .
directly with preparing an EIR, but also focusing it only on relevant issues deemed to be -
"significant". Section 15060(d) specifically states that, "If the lead agency can determine
that an EIR will be clearly required for the project, the agency may skip further initial
review of the project and begin work directly on the EIR process... In the absence of an
initial study, the lead agency shall still focus the EIR on significant effects of the project
and indicate briefly its reasons for determining that other effects Would not be significant
or potentially significant."
As such, RBF Consulting recommends avoiding the preparation of an Initial Study and
proceeding directly to a project EIR focusing on potentially significant issues and
"scoping out" less than significant issues. This approach will save two to three months to
the project schedule and $10K to $15 K in costs.
Furthermore, given the fact that this is an infill project located within an existing urban
area of Dublin without any apparent controversy, RBF does not believe that a public
scoping meeting is necessary. However, should the City receive a significant number of
comments on the Notice of Preparation, RBF is prepared to organize and facilitate a
public scoping meeting to receive additional comments on the proposed project, under a -
separate scope and fee.
Streamlining for Infill Projects
RBF also investigated the new CEQA Guidelines Section 15183.3 Streamlining for Infill
Projects. While it is consistent with the overall intent of these new guidelines, it is not
consistent with several key requirements. These include the fact that:
I . The proposed project is not consistent with the current general plan land use
designation,
2. The proposed project has not been considered as part of a broader sustainable
communities strategy or alternative planning strategy (per ABAG), and, because
this does not apply,
3. The proposed project does not have a minimum density of at least 20 dwelling
units per acre and a retail or commercial floor area ratio of 0.75.
•
•
Vh?!Z U4+:J13 co N9u ITING
Heritage Park EIR
Project Understanding&Approach I Page 2-5
Ttansportatiou Analysis
RBF conducted a preliminary traffic analysis to determine the trip generation rates
associated with the existing land use, the proposed land uses, and the net change (the
delta) in average daily trips and peak hour AM and PM trips. The results of this analysis
are shown in the table below:
Existing
General Office 710 110,000 SF 1,411 207 202
Proposed
wocrea Da .fit S -
GeneralOffice 710 15,000 SF 310 42 95
Single Family House 210 60 DU 656 52 66
Total 967 94 162
Delta -445 -113 -40
Source: RBF Consulting and Institute ofTransportation 9th Edition
Based on this preliminary analysis which shows a net reduction in trips, which is
reinforced by the fact that the Downtown Dublin Specific Plan EIR allows for relaxed
level of service (LOS) standards in the downtown area, we do not believe that a detailed
traffic impact analysis will be required for this project. This was preliminarily confirmed
in a phone call with Obaid Khan, Sr. Civil Engineer, with the City of Dublin (1/16/13).
Based on this assessment, transportation will be addressed in the Draft ER as an "Effect
Found Not to be Significant" with appropriate documentation. Additionally, based on
our discussion with Obaid, our work plan will include an investigation into site
circulation and access including; vehicular ingress/egress, bicycles, pedestrians and
transit.
Project Management & Staffing -
Meeting the project schedule will require proactive and ongoing project management
expertise. It is our intent to serve and function as a direct extension of City staff. For this
project, Bill Wiseman will serve as the day-to-day project manager and will be the point
person for all communication and coordination between the City and the RBF Team. Mr.
Wiseman is a Vice President with RBF and has managed a number of projects as a
• consultant to the City of Dublin including; the Dublin Community Design &
Sustainability Element of the General Plan; the Dublin Village Design Guidelines, the .
Scarlett Court Design Guidelines, the Downtown Dublin Specific Plan and EIR, and the
Dublin Crossing Specific Plan and EIR.
2/3220132/14!]043 cow vu LrINo
Heritage Park EIR
Project Understanding& Approach I Page 2-6
Assisting Mr. Wiseman will be Erika Spencer, Sr. Environmental Planner, and Jonathan
Schuppert, Assistant Planner, both of whom have extensive experience with the City of
Dublin.
About RBF Consulting -
•
� ate= RBF Consulting, a Company of Michael Baker Corporation, is one
?A ~-- of the Nation's leading planning, design and construction thins.
t_ Professionals within the firm provide the expertise, experience.and
° solutions to achieve the goals, objectives and vision of clients,
CONSULTING
including public and governmental agencies, the development
Company
community, private enterprise, non-profit organizations and
colleague forms. Ranked #104 on the Engineering News-Record (ENR) Top 500
Engineering Firms list and #72 nationally by ENR in the Top Pure Design category, RBF
approaches client projects with timely, cost effective and innovative solutions.
RBF Consulting (RBF) is a proven leader in the field of environmental analysis, planning
and design. RBF has a full range of disciplines necessary to provide turn-key planning,
design and implementation of a wide range of projects.
The RBF planning department includes over 120 professionals with an impressive depth
and breadth of experience and skills, allowing us to effectively interact at all stages of
project development. RBF's environmental planning services include environmental
constraints and due diligence studies, technical studies (air, noise, visual, and hazardous -
materials), public outreach programs, regulatory and local agency entitlement strategies,.
project-specific environmental documents, regulatory agency approvals, and mitigation "
and construction implementation and monitoring.
RBF has senior staff experience with all aspects of the California Environmental Quality
Act (CEQA), National Environmental Policy Act (NEPA), Clean Water Act, Clean Air
Act, Coastal Zone Management Act, and the numerous other local, state, and federal
environmental regulations. This coupled with our civil engineering design, survey,
mapping and regulatory agency permitting expertise, makes RBF an ideal one-stop
location for environmental compliance.
ait
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44.YiSwi f>r-ev
Heritage Park MR
-' Work Plan I Page 2-I
Work Plan
RBF Consulting (RBF) has prepared this Work plan to the City of Dublin (the
City/Client) for preparation of a project-level Environmental Impact Report (FIR) for the.
proposed Heritage Park project (the proposed project).
The proposed project is a General Plan and Specific Plan Amendment to change the land
use designation on approximately 6.6 acres at 11875 Dublin Boulevard (known as the
Heritage Park Office Complex) from Retail/Office to Medium Density Residential. The
project applicant (Bates Stringer Ventures) intends to develop the site with between 55-
60 small-lot single-family homes on approximately 5.85 acres, and up to 15,000 square
foot office building on the remaining approximately 0.75 acres.
I Project Initiation
1.1 Kickoff Meeting
RBF will attend a kickoff meeting with City staff and the applicant to discuss the
proposed project and work plan. This meeting will include a review of the overall
schedule and the roles and responsibilities of the various members of the project team.
RBF will obtain copies of any additional relevant documents and studies completed on
behalf of the City or the project applicant and confirm the project schedule. We will
discuss 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 necessary to complete the project are addressed and will allow gaps to be
identified and filled. We will also review communication protocols between RBF and the
City, other members of the project team, including the project applicant.
RBF will also participate in a tour of the project site as part of the kickoff'meeting to
document site conditions and assess potentially environmentally sensitive areas and
issues.
1.2 Project Description and Notice of Preparation
Draft 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 proposed project will be used as the basis for preparing the impact analysis, as
• required by CEQA. This work plan assumes that the project applicant and City will
provide a set of project objectives (as defined by CEQA) as well as all relevant plans (e.g.
site plan, elevations, renderings, etc.) and relevant narrative descriptions of the proposed
project including; demolition plans, grading plans, on- and off-site improvement plans,
construction schedule, etc.
RBF will work proactively with the City and the project applicant to expedite the EIR
project schedule as quickly as is practical. However, to avoid duplication of work,
preparation of the impact section(s) of the EIR will not be initiated Until the relevant
20?fQU211-1/�ui3 CYNOYLTINO
4(iWS`6l(<-at-
Heritage Park EIR
Work Nan I Page 22
technical studies that pertain to that respective environmental resource have been _
completed.
Notice of Preparation
Following City review of the draft project description, we will prepare a detailed Notice
of Preparation (NOP) that summarizes the project and what environmental issues will be_
addressed fully in the project-level EIR and those that will be -determined to be
insignificant, as shown below:
Topics to be included and excluded from detailed analysis in EIR are listed below.
d fl2 o`iitjj f sit i�t f s �J> £ c dt n=
i, l § mss* �p a''R > 7 a. Ta.. C",- • r- -+t
, ._ ' - " ( r _ Sr7 t' a s is
Aesthetics a Agricultural Resources
a Air Quality & Global Climate a Biological Resources
Change
a Cultural Resources a Mineral Resources
-
a Geology/ Soils a Population &Housing
a Hazards & Hazardous Materials a Recreation
Hydrology & Water Quality a Transportation/Traffic
a Land Use/Planning
a Noise & Vibration
a Public Services
a Utilities/ Service Systems
The NOP will adhere to the content requirements set forth in the CEQA Guidelines,
including information describing the proposed project, its location, and probable
• environmental effects. RBF will work with the City to ensure the NOP are published and
distributed to the responsible agencies and the Office of Planning and Research (OPR).
This work plan assumes the City will provide payment for publication of the NOP 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. REF will review the comments and determine whether any
issues require a modification to this work plan. -
2 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.
At- .
A
2122/20112M-V2a 34 caaeuir•av
•
Heritage Park EIR
Work Plan I Page 2-3
2.1 Executive Summary _
RBF will provide an Executive Summary for the Draft EIR including summary of the
project, an overview of project impacts, mitigation, levels of significance after mitigation,
summary of project alternatives, areas of controversy, and issues to be resolved. The
Executive Summary will be presented in a tabular format and will be included in the
Screencheck Draft EIR, following City review of the Administrative Draft EIR.
2.2 Introduction and Purpose
This section will identify the purpose of the Draft EIR and statutory authority under .
CEQA, as well as document-scoping procedures, summary of the EIR format, listing of
responsible and trustee agencies and documentation incorporated by reference.
2.3 Final Project Description
RBF will update/finalize the project description based on NOP comments and any minor
refinements as provided by the City and/or the project applicant.
2.4 Environmental Analysis
Each environmental section in the Draft EIR will include sections for existing setting,
thresholds of significance, 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 General Plan Ell?, as well as
Appendix G of the State CEQA Guidelines.
Each resource section of the EIR will include a summary of relevant City of Dublin -
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.
Aesthetics
The project site is visible to the surrounding community in the City of Dublin,
particularly from Dublin Boulevard, San Ramon Road, and portions of Interstate 580.
The aesthetics section of the Draft EIR will identify the visual characteristics of the
project site and surrounding area. RBF will describe the existing aesthetic environment
and visual resources, including a discussion of views within the project site and views
from surrounding areas, particularly from the adjacent uses, utilizing pictures and
information from a site reconnaissance of the project site and surrounding area and •
information from the proposed project.
•
RBF will describe the regulatory framework relating to aesthetics and visual resources.
RBF will discuss potential short-teen and operational visual impacts that may result from .
the proposed project. The urban design features of the proposed project will be evaluated
with respect to its ability to enhance the visual quality of the adjacent areas and the visual .
experience of those visiting or residing in the vicinity of the proposed project. .
-.`+,fit:; .
phi=
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CONSULTING
Heritage Park EIR
Work Plan Page 2-4
If available, architectural renderings from the proposed project will be included as
exhibits in the Draft 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.
•
Air Quality and Global Climate Change
The project site is within the jurisdiction of the Bay Area Air Quality Management
District (BAAQMD). As part of the Air Quality and Global Climate Change section of
the Draft EIR, RBF will address the following:
Climate, Meteorology, and Ambient Conditions. Baseline and project setting
meteorological data developed by the California Air Resources Board (CARS) will be
utilized for the description of existing ambient air quality. Air quality data from the local
air quality monitoring station will be utilized to describe local air quality conditions.
Other sources such as regulatory documents, professional publications, and RBF
experience in the project area will also be utilized.
Standards and Conditions. A summary of the relevant policies, rules, and regulations
from the United States Environmental Protection Agency (EPA), CARE (i.e., California
Clean Air Act, Air Quality Attainment Plans, etc.), and the BAAQMD will be prepared.
The analysis will follow the methodology and guidelines set forth in the BAAQMD's
CEQA Air Quality Guidelines (May 2011).
Construction-Related Emissions. Based on data provided by the project applicant, -
emissions generated during earthwork and construction activities will he quantified. .A
general description of the major phases of construction and their timing will be required;
The air pollutant emissions generated during construction will be compared to the
BAAQMD Regional Thresholds of Significance. RBF will also qualitatively discuss
naturally occurring asbestos impacts.
Long-Term. Emissions. RBF will quantify operational emissions and provide a
comparison to the BAAQMD significance thresholds. The emissions will be
quantitatively derived utilizing the CaIEEMod model. As the project would replace an •
existing use on-site, the net increase in emissions over existing conditions will also be
quantified. Primary sources of emissions will be related to area sources and
local/regional vehicle miles traveled. Project consistency with the BAAQMD's 2010
Clean Air Plan will also be provided.
Health Risk Analysis. Per BAAQMD requirements, a health risk assessment (BRA) is
warranted when siting any sensitive receptor (i.e., residence, park, hospital, church)
within 1,000 feet of a highway. The project includes the development of up to 60 single
family homes within 600 feet of Interstate 680 (1-680).
•
The quantitative impact analysis involves the development of an emissions inventory for
Toxic Air Contaminants (TAC) and/or particulate matter sources, dispersion modeling to •
determine concentrations at sensitive receptors, and determination of the chronic and'
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Heritage Park EIR
Work Plan I Page 2-5
acute health impacts along with the projected increase in cancer risk due to exposure
TACs. Concentrations will be projected at the nearest sensitive receptors. The modeled
concentrations are then used to estimate the increased cancer risk and health hazard as
described in the BAAQMD's Recommended Methods for Screening and Modeling Local
Risks and Hazards report (dated May 2012). If TAC concentrations and associated
health risks are determined to exceed BAAQMD thresholds, mitigation measures will be
recommended to reduce impacts. -
Global Climate Change. RBF will prepare an inventory of the greenhouse emissions
(GI-IG) from both direct and indirect sources. The emissions inventory will he quantified
with the CaIEEMod model. The analysis will determine the project's impact by
determining if it is consistent with the Assembly Bill 32 mandate of reducing GhIG's
beyond `Business as Usual" conditions. RBF will utilize the performance standards and
thresholds identified in the BAAQMD's CEQA Air Quality Guidelines (May 2011) and
the Revised Draft Options and Justification Report California Environmental Quality Act
Thresholds of Significance (October 2009) to determine the significance of the project's
GHG emissions. The GIIG reduction associated with the project's design features will be
quantified utilizing the California Air Pollution Control Officers Association (CAPCOA)
methodology (Quantibing Greenhouse Gas Mitigation Measures—A Resource for Local
Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures
[September 2010]).
Cultural Resources
Based on the existence of archeological resources adjacent to the project arca, there is a
possibility of encountering Native American archeological resources when the ground
within the project area is disturbed. Section 15126.4 of the CEQA Guidelines directs
public agencies to avoid damaging effects on an archeological resource whenever
possible.
Drawing on existing studies, including the Dublin Village Historic Area Specific
Plan/General Plan Amendment Mitigated Negative Declaration and associated cultural
resource technical studies, the Downtown Dublin Specific Plan EIR, and the Dublin
General Plan and EIR, RBF will prepare a cultural resources evaluation and analysis for
the EIR. This analysis will evaluate the potential for archaeological and/or historic
resources within the project site. In addition, RI3F will assist the City in their efforts to
• conduct tribal consultation as required by Senate Bill 18.
•
The cultural resource assessment and tribal Consultation will include utilize previous '
records search at the Northwest Information Center of the California I-Iistorical Resources
Information System at Sonoma State University which was conducted for the Dublin
Village Historic Area Specific Plan. Based on the records search, an overview and
synthesis of materials collected will be summarized (i.e., Native American sites,
ethnographic sites, historic homesteads, historic structures, and military features) within
the area of potential effect (APE) and the potential to encounter unidentified prehistoric.. .
and historic resources that have not been subject to cultural resource studies will be
addressed.
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• Heritage Park EIR
Work Plan Page 26
The impact analysis in the EIR will discuss potential impacts to various cultural resource
classes (i. e Native American sites, buildings, potential historical resources) within the
project site and will include mitigation measures to reduce potential impacts to a less than
significant level,
Geology and Soils
The Calaveras Fault extends north to south through the project site.
This work plan assumes that the project applicant will provide the City with a preliminary
geotechnical report for the proposed project that will be peer-reviewed under a separate._
contract with the City of Dublin. Based on this peer review, RBF assumes that the
geotechnical investigation will be complete and no further analysis will be required.
The Draft EIR will include an'evaluation of the regional and specific geology and soils
constraints within the project site including earthquake faults, seismic ground shaking,
• and seismic ground failure including liquefaction. RBF will discuss project impacts based
on the preliminary geotechnical report including seismic hazards, landform
modifications, and wind and/or slope water erosion to the extent feasible. Mitigation
measures will address any potentially significant impacts from geology and soils.
Potential mitigation measures will include preparation of design-level geotechnical
evaluations for subsequent development within the planning area. :
I-lazards and Hazardous Materials
The existing office buildings and associated facilities are proposed to be demolished,
• which may result in the exposure to hazardous materials including asbestos, lead paints,
and other 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 including the City of
Dublin General Plan EIR, the Downtown Dublin Specific Plan FIR and the Dublin
Village Historic Are Specific Plan/General Plan Amendment IS/MAID. This scope of
work assumes that existing studies will be adequate for use in the EIR. RBF will also
contact the Alameda County Fire Department regarding any potential contamination in
and around the project site from the presence of existing and historic auto dealerships,
auto service stations; and dry cleaners.
•
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 emit hazardous materials and/or interfere with any emergency
response plans. Mitigation measures will be included in the EIR that include adequate
performance measures to address the potential •exposure of asbestos and lead from the
demolition of existing structures on the project site.
Standards outlined in federal, state and local regulations will be used to determine and
analyze the impacts of the proposed project within the context of the CEQA standards of •
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•
significance. Potential impacts to_nearby residents and schools, if applicable, will be
evaluated.
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 and
erosion control, and other water quality protection procedures will be described, and
where necessary, additional feasible mitigation measures will be identified. This section
will be based in-part on discussions with the City of Dublin Public Works Department
regarding the local and regional drainage facilities and water supplies. Off-site water
quality effects associated with construction and long-term urban development will also be
evaluated.
Portions of the project site may be located within the Federal Emergency Management
Agency (FEMA) 100-year floodplain, which will be subject to floodplain regulations,
including the I00-year floodplain of the unimproved Chabot Canal. This canal is
currently undersized to convey the 100-year flows. Future development within the project
site may need to be mitigated for the loss of the 100-year floodplain and potential
downstream impacts. Although existing buildings that may be located within the 100-
year floodplain have not been damaged by previous flooding, there is the potential that
additional flooding could occur with future development within the proposed project site.
The Zone 7 Water Agency's StreamWISE program implements the Stream Management
Master Plan, which provides flood protection to the Livermore Amador Valley. Zone 7's
StreamWISE program also provides for increased flood protection by detaining flood
water in former quarries (future Chain of Lakes) and releasing it slowly once storms pass.
REF understands that the StreamWlSE program is proposing upstream detention on the
order of 60 acre feet to eliminate impacts downstream. Reimbursement for project
components compatible with the StreamWISE program may be available to the proposed
project to mitigate for downstream impacts.
To comply with the requirements of CEQA, the potential effects of the proposed project
on flooding will be evaluated in the EIR. This work plan assumes that the project
applicant will provide a Hydrology & Water Quality Technical Report. RBF's hydrology
experts will review this document for technical adequacy and completeness and utilize
this report as the basis for preparing the Hydrology & Water Quality section of the EIR. .
Impacts will be identified in the EIR 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. The Hydrology & Water -
Quality Technical Report will be included in the EIR as part of the appendices.
Ntif
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Heritage Park El
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• Land Use and Planning •
The proposed project will require a General Plan and Dublin Village Historic Area
Specific Plan Amendment to. change the land use designation from Retail/Office to
Medium Density Residential. Work on these amendments will he completed by City
. staff concurrently with the preparation of the Draft EIR and processing any other
entitlements that are requested by the project applicant, including a Rezone, Tentative
Subdivision Map, and Site Development Review.
RBF will determine the associated impacts from the land use change including;
consistency with the Historic Overlay Zoning District and adjacent Heritage Park and the
City of Dublin General Plan and City of Dublin Zoning Ordinance. Existing land uses in •
the immediate vicinity of the project site will be described based on a site visit, aerial
photographs, GIS mapping data, and other information.
Noise & Vibration
The project site is located adjacent to Dublin Boulevard, San Ramon Road, and Interstate
580, and therefore will be subject to traffic noise.
The noise and vibration section of the EIR will address constriction-related noise-and
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.
REF will utilize previous noise analyses for the area, including the City of Dublin
General Plan & FIR, the Dublin Village Historic Area Specific Plan/General Plan-
Amendment I,S/NIND, the Downtown Dublin Specific Plan FIR, and the West Dublin
BART Supplemental FIR and current City noise standards to qualitatively describe the
noise and vibration conditions for both short-term construction and long-term operation.
•
Existing Conditions. RBF will conduct short-term noise level measurements along the -
project area. The noise monitoring survey will be conducted at tip to three separate •
Iodations to establish baseline noise levels in the project area. Noise recording lengths are
anticipated to require approximately 10 minutes at each location. This scope excludes
long-term (24-hour) measurements.
Standards and Conditions. RBF will review applicable State and City noise and land use
compatibility criteria for the project area. Noise standards will be discussed for land uses
on and adjacent to the project site.
•
Construction-Related Noise. Construction noise impacts will he evaluated in terms of
maximum levels (Lmax),and hourly equivalent continuous noise levels (Leq) and the
frequency of occurrence at adjacent sensitive locations. The analysis will be based on the
• sensitivity of the area and the noise standards of the City. RBF Will provide a discussion
of off-site truck hauling, if required, for construction-related soil import or export,
focusing on haul routes affecting sensitive receptors.
• I 7e224-20132a1 ■24+; coN'aubu-i'ma
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Heritage Park EIR
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Operational Noise. Potential effects of stationary noise sources will be evaluated based
on the City's land use compatibility standards. Compliance with applicable noise
standards will be evaluated, with recommended mitigation measures included where
appropriate. The traffic modeling will take into account the entire development and will
evaluate existing and forecast conditions. Noise impacts from vehicular traffic will be
assessed using the U.S. Federal I-Iighway Traffic Noise Prediction Models (FHWA-RD-
77-108 and TNM 2.5). Measures to reduce exterior and interior noise exposure will be
provided, where necessary.
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 within and
around the proposed project arca. hnpacts will be based on whether any new public
services or facilities would be needed and if construction of such facilities could generate
significant impacts.
Utilities and Service Systems
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 he addressed. Any impacts addressed in the EIR 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 the
infrastructure section of the proposed project.
DSRSD, working in coordination with the project applicant, may need to conduct a water
Service analysis to ensure that water facilities are sized and looped adequately to provide
service to the development. RBF will work with DSRSD (in coordination with city staff)
and utilize their findings and technical analysis as the basis for preparing the water and •
wastewater facilities portions of the Utilities and Service Systems section of the EIR.
•
Transportation and Circulation
RBF conducted a preliminary traffic analysis to determine the trip generation rates
associated with the existing land use, the proposed land uses, and the net change in -
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Heritage Park Ela
Work Plan I Page 2-10
average daily trips as well as peak hour AM and PM trips. The results of this analysis are
shown in the table below:
. Existing - .
; 'Ye 4 "fit-,.-r sa
g 1 ill ,+ a IZ UJtI {{ w� �f
Awe- eivis
General Office " 710 110,000 SF 1,411 207 202
Proposer(
1#11 to 1, Irk t7 fir .
iz --' ..,a o .„ems . -y� t ... util —:,-�.4 -4.i �'—`
3 £'+"e: t Via. .-m..�. i - .<
General Office 710 15,000 SF 310 42 95
Single Family House 210 60 DU 656 52 66 -
Total 967 94 162
Delta -445 L_113 i -40
Source: RBF Consulting and Institute of Transportation 9th Edition
Based on this preliminary analysis which shows a net reduction in trips, and the fact that
the Downtown Dublin Specific Plan EIR allows for relaxed Ievel of service (LOS)
standards in the downtown area, it is assumed that a detailed traffic impact analysis will
not be required for this project. If it is determined that a traffic impact analysis is
required, it will be scoped under a separate work plan. -
RBF will include a brief analysis of the transportation impacts and trip generation rates in '
the "Effects Found Not to be Significant" section of the E1R. This will include an
analysis of site circulation including vehicular ingress/egress, bicycles, pedestrians and
transit based on the proposed site plan.
RBF will prepare a draft and final traffic technical memorandum documenting-the traffic .
generation rates (existing and proposed) and an assessment of site circulation issues and
recommendations. The draft will be reviewed by City staff and comments will he . -
addressed. After inclusion of comments, the final memorandum will be included in the •
appendices of the Draft LIR.'
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 the 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 build-out). RBF
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Heritage Park MR
Work Plan 1 Page 2-11
•
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 analysis
will include 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 Enviroimiental Changes, Effects Found Not to be
Significant, Inventory of Mitigation Measures, Inventory of Unavoidable Adverse
Impacts, and Organizations and Persons Consulted /Bibliography.
EIR Graphic Exhibits
The EIR will include exhibits to enhance the written text and clarify the proposed project
environmental impacts. RBF's in-house graphic design team will create professional
quality, black and white or MI color exhibits, dividers and covers for the EIR and
Appendices. All exhibits will be 8 1/2" x 11" in size.All exhibits and documents will be
provided to the City in an electronic format.
2.5 Administrative Draft EIR
RBF will assemble all completed sections into a single consolidated Administrative Draft.
EIR submittal (ADEIR) with appendices. 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.
The Administrative Draft EIR will be sent to the City for revieid by City staff and the
City attorney.
This work plan assumes that no additional technical analysis will be required for this
task.
3 Public Review Draft EIR
3.1 Screencheck and Public Review Draft Ell? •
RBF will respond to the City review of the ADEIR and will prepare the Public Review
Draft EIR. This subtask includes preparation of an electronic Screencheck EIR prior to
publication of the Public Review Draft ER.
•
•
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•
In addition, RBF will prepare the Notice of Completion(NOC) and Notice of Availability
(NOA) for delivery to the State Clearinghouse. It is assumed that the City will be •
responsible for public posting of the NOA (e.g. newspaper).
4 Certification of the Environmental Impact Report •
4.1 Administrative Final EIR
•
RBF will meet and/or coordinate with City staff to review written comments on the
Public Review Draft EIR; comments from public meetings/hearings (if applicable); 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,
we have included a standard figure in the project budget. Once all comments are
received, RBF' will review and discuss any modifications to the budget estimate with City
staff.
Upon review of the comment letters and discussions with City staff, REF will prepare an
Administrative Final FIR with written responses to comments received on the Public
Review Draft FIR. The Administrative Final EIR will consist of comment letters,
responses to comments, and Public Review Draft FIR errata pages indicating text
changes in underlined text for additions and strikeeut text for deletions, with notations for
the relevant response to comment. The Administrative Final FIR will be sent to the City
for review and comment.
4.2 Waft Mandatory Findings
The City will prepare the Draft Statement of Facts and Findings, in accordance with the
provisions of Sections 15091 and 15093 of the CEQA Guidelines. 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, the City will prepare
a Statement of Overriding Considerations describing why the proposed project should be •
approved despite the significant and unavoidable environmental impacts. •
RBF will assist the City in providing a review of the Draft Findings for consistency with
the Final FIR. -
•
4.3 Mitigation Monitoring and Reporting Program
To comply with the CEQA Guidelines Section 21081.6, RBF will prepare a Mitigation
Monitoring and Reporting Program (MMRP). RBF will work with City staff to identify'
• appropriate monitoring steps/procedures and to provide a basis for monitoring such •
measures during and upon project implementation. The MMRP will be created in a
tabular checklist format that indicates those mitigation measures identified in the EIR, the
monitoring milestone (at what agency/department responsible for verifying •
implementation of the measure), and the method of verification (documentation, field •
checks, etc.).
•
4,4 Final EIR
•
RBF will respond to City comments on the Administrative Final EIR, complete necessary •
revisions, and prepare the Final EIR.
•
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Heritage Park EIR
Work Plan 1 Page 2-1 3
5 Public Meetings and Project Management
RBF will attend the following meetings for the Environmental Impact Report:
• Project Kick-off Meeting (1)
• Coordination meetings with City staff(3)
o Planning Commission meeting (1)
• City Council meeting(1)
6 Project Deliverables
RBF will provide digital copies as well as hard copies (as noted) of the following project
deliverables to the City:
a Administrative Draft and Draft Project Description
a Draft and Final Notice of Preparation
a Administrative Draft EIR (5 copies)
a Screencheck Draft FIR(1 copy)
a Public Review Draft FIR(25 copies)
a Administrative Draft Final FIR & Response to Comments (5 copies)
a Final EIR (25 copies)
a Administrative Draft Mitigation Monitoring and Reporting Program (3 copies)
a Final Mitigation Monitoring and Reporting Program (5 copies)
7 Project Schedule
Assuming a start date of March 1, RBF has assumed a 10 month schedule as shown
below.
Project Kick-off Meeting March
Draft Project Description April
Notice of Preparation April
Administrative Draft EIR June -
Public Review Draft EIR July
Administrative Draft Final EIR October
Public Hearings/Approvals Nov./Dec.
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8 Project Assumptions •
In addition to any assumptions noted above, the scope and associated costs are based on
the following assumptions:
•
1 . The cost estimate includes meetings described in this work plan. Additional
meetings will be billed on a time and materials basis.
2. The project applicant will provide RBF will all technical materials, maps,project
plans, GIS data, etc.•
as they become available. This work plan assumes that all
project plans supporting technical studies will be provided prior to preparation of
the impact sections of the EIR and that no further modification to the data will be
required.
3. The project applicant will he providing technical reports that will be used as
supporting background information in the EIR. This work plan assumes that
these reports will be sufficient in their accuracy and comprehensive in their level
of detail sufficient for preparing the CEQA analysis. REF Consulting, and our
sub-consultants (where applicable), will review the first draft of these documents.
Should it be found that the information presented is not adequate (at the discretion
of RBI; and the Client), and that additional substantive revisions are required,
REF reserves the right to request additional compensation on a time and materials
basis, per prior approval by the Client. This work plan assumes that a
contingency fund of 10% of the total budget will be provided by the applicant and
could be used to fund all or part of this additional effort if necessary.
4. No new technical analysis or preparation of technical reports will be required;
other than those identified in this work plan.
5. All products will be submitted to the Client in electronic (PDF)format and source
files, except for printed copies as identified in this work plan.
•
6. Client 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.
7: There will be a single round of review and revision to the Administrative Draft • -
EIR prior to preparation of the Screencheck Draft EIR. If Client feels that
additional Administrative Draft EIR documents are necessary, a contract
amendment for additional work may be necessary, depending on the nature and
circumstances associated with the additional changes (e.g. changes to the project
description, additional technical analysis required, etc.). These changes can be
• characterized as being outside of the control or knowledge of RBF and would not •
be considered reasonable from the standpoint of professional standards of service
and appropriate due diligence. •
8. Revisions to the Screencheck Draft will focus on typographical errors, formatting
issues, and other minor edits. Such revisions will not include substantive content
changes.
- 9. The Client will develop,the mailing list for distribution of the ER and notices by
RBF. The Client will be responsible for newspaper costs of publication of
notices.
L7220livi tc 1,
Heritage Park EIR
Work Plan Page 2-15
10. The project budget is based on completion of work within an agreed upon
schedule. If substantial delay occurs, an amendment of the budget may be
warranted to accommodate additional project management time and other costs.
Substantial delay is normally defined as 90 days or more.
11. Because the extent of public and agency comments received on the bran EIR is
unknown, the proposed budget includes a preliminary budget estimate of time to
respond to comments. RBF will consult with the Client after the evaluation of the
comments to determine if the preliminarily budget estimate is sufficient.
12. Once the proposed project description, baseline and alternatives are approved by
the Client for analysis in the EIR, it is assumed that they will not change
significantly thereafter. If changes requiring revisions to the EfR occur, an
amendment of the budget may be warranted.
13, 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.
14. 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 work plan. If this allowance is exceeded, additional printing costs will be
billed at RBF's direct cost. -
15. The Client 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.
16. The Client will be responsible for identifying and communicating with all
stakeholders including on-going scheduling and coordination and distribution of
all materials.
17. The Client will coordinate/schedule all internal staff meetings.
18. Project schedule assumes timely review by the Client (-20 working days) for all
product deliverables.
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,
20. The project budget is a fixed-fee and is subject to the contract requirements as
agreed to between RBF Consulting and the Client: •
•
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