HomeMy WebLinkAboutReso 218-14 Kaiser Med Ctr EI Prep RESOLUTION NO. 218-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING A CONSULTING SERVICES AGREEMENT WITH FIRST CARBON SOLUTIONS TO
PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE KAISER DUBLIN MEDICAL
CENTER PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON
BEHALF OF THE CITY
APN 985-0061-005-00 AND 985-0027-009-02
WHEREAS, Kaiser Foundation Health Plan, Inc. submitted a request to study changing the
General Plan and Eastern Dublin Specific Plan land use designation on approximately 58 acres in the
Eastern Extended Planning; and
WHEREAS; on October 7, 2014, the City Council authorized the initiation of a General Plan
Amendment Study; and
WHEREAS, the City of Dublin 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, FirstCarbon Solutions 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, FirstCarbon Solutions has shown that they have the ability to perform the planning
and environmental consulting services required; and
WHEREAS, a budget not to exceed $443,480, which includes a budget amount of $403,164
plus a 10% contingency fund to be spent only with authorization of City, has been established for the
Environmental Impact Report. Furthermore, in the event that both the City and the Applicant agree
that additional tasks are necessary to successfully complete the EIR, the City Council authorizes the
City Manager to approve an increase to the scope and budget not to exceed 20%; and
WHEREAS, FirstCarbon Solutions 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 Scope 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 Dublin City Council does hereby approve the
Consulting Services Agreement with FirstCarbon Solutions, attached hereto as Exhibit A to prepare
an Environmental Impact Report for a fee not to exceed $443,480, which includes a budget amount of
$403,164 plus a 10% contingency fund to be spent only with authorization of City.
Page 1 of 2
BE IT FURTHER RESOLVED that the Dublin City Council hereby authorizes the City Manager
to execute the Agreement as well as the authority to approve an increase to the scope and budget
not to exceed 20% above the $443,480 budget.
PASSED, APPROVED AND ADOPTED this 16th day of December, 2014, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
r
M
ATTEST:
a,,, ;Or
City Clerk
Reso No.218-14,Adopted 12-16-14, Item 4.9 Page 2 of 2
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
FIRST CARBON SOLUTIONS
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City")and
First Carbon Solutions("Consultant')as of December 16, 2014.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,Consultant
shall provide,to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A,the Agreement shall prevail.
'1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end no later than June 30, 2016. Consultant shall complete the work described
in Exhibit A prior to that date,unless the term of the Agreement is otherwise terminated or
extended,as provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial,first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion,at any
time during the term of this Agreement,desires the reassignment of any such persons,
Consultant shall,Immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $443,480
(project budget amount of$403,164 plus additional 10%contingency fund to be spent only with
authorization of City), 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 Consultants 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.
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Consultant shall submit all invoices to City in the manner specified herein, Except as specifically
authorized by City,Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
Including salaries and benefits of employees and subcontractors of Consultant. Consequently,the parties
further agree that compensation hereunder is Intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees,agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed 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 BOO 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 City shall make no payment for any extra,further or additional services pursuant to this
Agreement unless such extra service and the price therefore is agreed to in writing,
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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 on the following fee schedule:
2.7 Resmbursable Expenses. Reimbursable expenses are specified 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. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City may furnish physical facilities such as desks,telephone service,filing cabinets, and conference space,
as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing
records and the information in possession of the City. The location,quantity,and time of furnishing those
facilities shall be In the sole discretion of City
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Section 4. INSURANCE REQUIREMENTS, Before beginning any work under this Agreement,
Consultant,at its own cost and expense, shall procure"occurrence coverage"insurance against claims for
injuries to persons or damages to property that may arise from or In connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees,and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory In all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s)and provided evidence thereof to City, Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers'Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers'Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS($1,000,000.00) per accident. In the alternative,
Consultant may rely on 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.
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4,2.2 Minimum scope of coverage, Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88)or Insurance Services Office form number GL 0002(ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability,
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (°any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers,employees, agents, and volunteers shall be covered
as insureds with respect to each of the following:liability arising out of
activities performed by or on behalf of Consultant, including the insureds
general supervision of Consultant:products and completed operations of
Consultant;premises owned, occupied, or used by Consultant;and
automobiles owned,leased,or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers,employees, agents,or volunteers,
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, reduced In coverage or in limits,except after
thirty(30)days'prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense,shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS($1,000,000)covering the licensed professionals'errors
and omissions,
4.3.1 Any deductible or self-insured retention shall not exceed$150,000 per claim.
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4,3.2. An endorsement shall state that coverage shall not be suspended,voided,
canceled by either party,reduced in coverage or in limits,except after thirty(30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City,
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
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 Consultants sole cost and
expense, any extended reporting provisions of the policy,if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers.. All insurance required by this section is to be placed
with insurers with a Bests'rating of no less than A:VI I.
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.
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4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages,scope,limits,and forms of
such insurance are either not commercially available,or that the City's Interests
are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-Insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement,only upon the prior express written
authorization of Contract Administrator,Consultant may increase such deductibles
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.
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
he rein required,ulred City may, at its sole option ion exercise any
of the following remedies,which
are alternatives to other remedies City may have and are not the exclus ive remedy for
Consultants 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.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES., Consultant shall
indemnify,defend with counsel selected by the City,and hold harmless the City and its officials,officers,
employees, agents, and volunteers from and against any and all losses, liability,claims,suits, actions,
damages,and causes of action arising out of any personal injury,bodily injury, loss of life,or damage to
property,or any violation of any federal, state, or municipal law or ordinance,to the extent caused, in whole
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or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors,or agents,by acts for which they could be held strictly liable,or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when(1)the injury, loss of life,damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or Its
officers,employees,agents,or volunteers and (2)the actions of Consultant or its employees,
damage to property,o
r
to the injury,loss of life, ,
subcontractor,or agents have contributed in no part k ) ry, g p p Y
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that It is a material element of consideration.
In the event that Consultant or any employee,agent,or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System(PERS)to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify,defend,and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees,agents,or subcontractors,as well as for the
payment of any penalties and interest on such contributions,which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however,otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state,or federal policy,rule,regulation,law,or ordinance to the contrary, Consultant
and any of its employees, agents,and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to,any compensation, benefit,or any incident of employment by City, including
but not limited to eligibility to enroll in the 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.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder,
7.3 Other.Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City Is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits, Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits,qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees,agents, any subcontractors shall, at their sole cost and expense,keep in effect
at all times during the term of this Agreement any licenses, permits,and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal.Opportunity. Consultant shalt not discriminate, on the
basis of a person's race, religion, color,national origin,age,physical or mental handicap or
disability,medical condition, marital status,sex,or sexual orientation,against any
employee, applicant for employment, subcontractor, bidder for a subcontract,or participant
in, recipient of,or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal,state,and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment,contracting, and the provision of any services that are the subject of this
Agreement, Including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement,
Section 8. TERMINATION AND MODIFICATION.
8,1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 10 days written notice to City and shall
include in such notice the reasons for cancellation.
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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.
82 Extension., City may, in its sole and exclusive discretion,extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement,as provided for herein, Consultant understands and
agrees that, if City grants such an extension,City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator,City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the 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
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City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance., All reports,data, maps,
models,charts, studies, surveys,photographs, memoranda, plans,studies,specifications,
records,files,or any other documents or materials, in electronic or any other form,that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above,prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans,specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices,vouchers,canceled checks,and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3)years,or for any longer period
required by law,from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8545.7,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.
Consulting Services Agreement between December 16,2014
City of Dublin and First Carbon Solutions Page 11 of 13
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid,void,or unenforceable,the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach., The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and 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 else 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 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that It is not now, nor has it been in the previous twelve(12)
months,an employee,agent,appointee,or official of the City. If Consultant was an
employee,agent,appointee,or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner In the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code§1090 et.seq.,the entire Agreement Is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement,including
reimbursement of expenses,and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that,in addition to the foregoing,it
may be subject to criminal prosecution for a violation of Government Code§1090 and, if
applicable,will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focus group,or
interview related to this Agreement,either orally or through any written materials.
10.9 Contract Administration, This Agreement shall be administered by Kristl Bascom,
Principal Planner("Contract Administrator"). All correspondence shall be directed to or
through the Contract Administrator or his or her designee.
Consulting Services Agreement between December 16,2014
City of Dublin and First Carbon Solutions Page 12 of 13
10.10 Notices. Any written notice to Consultant shall be sent to;
Mary Bean, Director of Professional Services
FirstCarbon Solutions
1350 Treat Blvd., Suite 380
Walnut Creek,CA 94597
Any written notice to City shall be sent to:
Kaiser Dublin Medical Center Project 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.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations,or agreements,
either written or oral.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss,City Manager Mary Bean,(Director of Professional Services
FirstCarbon Solutions
Attest;
Caroline Soto; City Clerk
Approved as to Form;
John D. Bakker,City Attorney
Consulting Services Agreement between December 16, 2014
City of Dublin and First Carbon Solutions Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
COMPENSATION SCHEDULE
City hereby agrees to pay Consultant a sum not to exceed$443,480(project budget amount of$403,164
plus additional 10%contingency fund to be spent only with authorization of City).
In the event of a conflict between this Agreement and Scope of Services, attached as(Exhibit A), regarding
the amount of compensation, the Agreement shall prevail.
Consultant shall not bill for any reimbursable items unless previous approval has been granted.
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Proposal to Prepare an Environmental
Impact Report for the Kaiser Dublin
Medical Center
Prepared exclusively for:
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Community Development Department
Updated December 9, 2014
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Table of Contents
Introduction 1
Approach 1
Connecting the Dots 1
Ensuring Adequate Levels of Service 1
Providing Flexibility for Implementation of a Broad Range of Potential Uses 2
Facilitating Implementation 2
Scope of Work 3
Task 1: Project Initiation 3
Task 2: Notice of Preparation 3
Task 3: Peer Review and Technical Studies 3
Task 4:Administrative Draft Environmental Impact Report 14
Task 5:Screen check Draft EIR 18
Task 6: Draft EIR 18
Task 7: Administrative Final EIR 18
Task 8:Screencheck Final EIR 18
Task 9: Final EIR 19
Task 10: Notice of Determination 19
Task 11: Meetings 19
Task 12: Project Management 19
Direct Costs 20
Tasks Outside of Scope of Work 20
Project Schedule 21
Personnel, Equipment and Facilities 22
FirstCarbon Solutions 22
Fehr&Peers 22
Environmental Vision 23
Balance Hydrologics 23
Qualifications and References 25
Project Team Qualifications 25
Completed Medical Center and Health Care Facility Projects 25
John Muir Medical Center,City of Concord 25
East Pleasanton Specific Plan EIR, City of Pleasanton 25
Warm Springs/South Fremont Community Plan EIR 26
California State Prison-Solano, Health Care Facility Improvement Project, City of Vacaville 26
Conflict of Interest Statement 27
Cost Schedule 28
Statement of Offer 30
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Comments on City Standard Consulting Services Agreement 30
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S Q L. UT I O N S
November 6, 2014
City of Dublin, Community Development Department
Attn: Kristi Bascom, Principal Planner
100 Civic Plaza
Dublin, CA 94568
Sublect: Kaiser Dublin Medical Center
Dear Ms. Bascom:
FirstCarbon Solutions (FCS)1 is pleased to submit this proposal to prepare a combined project- and program-level
Environmental Impact Report (EIR)for the Kaiser Dublin Medical Center. The comprehensive EIR will provide the city
and the public with an objective evaluation of the project, while providing Kaiser flexibility for the implementation of a
range of potential future uses for the site.
The FCS team offers the needed expertise and leadership to prepare this EIR:
• The FCS team has direct experience in the local area. My team is actively working in the Tri-Valley area and
is well acquainted with local issues and processes. FCS is currently preparing environmental documents for
projects in the cities of Pleasanton, Livermore, San Ramon, Walnut Creek and Contra Costa County. These
projects range from the East Pleasanton Specific Plan, a 1,110-acre area between Pleasanton and Livermore
that has included extensive community outreach and involvement; the Shadelands development in Walnut
Creek, a campus development involving Safeway as well as office and senior housing; and Tassajara Parks, a
771-acre development in Tassajara Valley for single family residential and recreational uses. Our long-
standing relationship with neighboring jurisdictions and local communities ensures that our team can work
quickly and efficiently to prepare the California Environmental Quality Act(CEQA) documentation for the Kaiser
Dublin Medical Center.
• The FCS team understands medical facilities. FCS has prepared CEQA documents for medical facilities
throughout California, including documentation for the Harbor UCLA Medical Center and the Queen of the
Valley hospital expansion in West Covina. I personally have prepared several CEQA documents for John Muir
Medical Foundation, including an EIR for the Concord Cardiology Center of Excellence, an MND for a 9-phase
campus development in Brentwood, and focused analysis for the expansion of John Muir Hospital in Walnut
Creek. We have also prepared documentation for several medical facilities including the West Contra Costa
County Health Center in San Pablo, and medical facilities at correctional institutions statewide.
• The FCS team regularly prepares complex EIRs for large-scale projects. FCS recently completed an EIR for
the Warm Springs Fremont Community Plan,an 850-acre innovation zone surrounding the Warm Springs BART
station and the Tesla factory in the City of Fremont. The 11 million square feet of research and development
uses and up to 4,000 residential units will provide a balanced mix of jobs and housing in support of the
development of Silicon Valley east, a center of bio-technology and logistics that will spur additional
development in the east bay.This recent example showcases our ability to present complex information and to
efficiently address community concern and comments on an aggressive schedule.
• FCS has an excellent record of legal defensibility. With our own in-house General Counsel and legal staff,
we will provide the highest level of oversight to ensure that the EIR is legally defensible. Our in-house legal
staff will review key sections of the EIR, providing additional quality assurance for our analysis and
presentation of information.
For contracting purposes,FCS continues to do business under the Tax ID number of Michael Brandman Associates #95-3782289
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• FCS provides proactive and responsive communication and accessibility. FCS prides itself on having a high
level of communication with our clients —this is a hallmark of FCS's services and is critical to a successful
project, especially when the schedule is aggressive. Our references will attest to our commitment to service
and responsiveness throughout the CEQA process.
Per the RFP,this proposal is valid for the next 60 days or until January 7, 2014. This proposal has a total not-to-exceed
price of $443,480, excluding the two optional tasks. We have reviewed the City's Standard Consulting Services
Agreement and have no objections to its terms and provisions. As a Vice President and Project Director, I am
authorized to bind the company.
We thank you for the opportunity to submit this proposal. Should you have any questions or need additional
information regarding this submittal,please feel free to email me at mbean@fcs-intl,.com or call me at(925)357-
2562.
Sincerely, ac
Mir Bean
Director of Professional Services
FirstCarbon Solutions
1350 Treat Boulevard,Suite 380
Walnut Creek,CA 94597
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Introduction
The 58-acre project site is located in the eastern portion of the City of Dublin, Alameda County, California. The
project site contains undeveloped land and is bounded by the future Grafton Plaza (west), Dublin Boulevard
(north), Fallon Gateway(east), and Interstate 580 (south). The project site is designated "Campus Office" by
the City of Dublin General Plan and the Eastern Dublin Specific Plan (EDSP).
The project applicant(Kaiser Foundation Hospitals/ Kaiser) is proposing the phased development of campus
medical and commercial uses on the project site. The proposed Kaiser Medical Campus would occupy 35 to
40 acres and consist of approximately 950,000 square feet of medical and supporting ancillary uses. The
proposed commercial uses would occupy 13 to 20 acres adjacent to the future Grafton Plaza and consist of
approximately 250,000 square feet of uses that will be identified at a later date. The project application
requires a General Plan Amendment to create a new land use designation (Campus Medical)that would permit
the types of uses contemplated by the project.
The Request for Proposals (RFP) indicates that the City of Dublin is seeking a qualified consultant to prepare
comprehensive Environmental Impact Report(EIR)that will provide both project-and program-level analysis for
the various development activities contemplated on the 58-acre project site. The EIR will provide project-level
analysis for the development of approximately 200,000 square feet of outpatient services on approximately 10
acres (Phase 1A). The EIR will provide program-level analysis for the development of approximately 250,000
square feet of complementary uses on approximately 13-20 acres(Phase 1B), approximately 450,000 square
feet of high-acuity medical services providing inpatient and/or outpatient care(Phase 2),and the development
of approximately 300,000 square feet of additional high-acuity medical services providing outpatient and/or
inpatient care(Phase 3).
FCS and our fellow team members Fehr& Peers and Balance Hydrologics, Inc. have developed a work program
that will accomplish the City's desired objectives and is based on our past experience with projects of this size
and significance. All of the team members have recent experience in the Tri-Valley and are knowledgeable
about the issues that will likely arise during the environmental review process. We anticipate working closely
with City staff to prepare an EIR that is legally defensible and readily understandable to the layperson and
decision makers. Should be we be awarded the EIR, we are prepared to begin work on this project
immediately.
Approach
The Eastern Dublin Specific Plan (EDSP)assumes the development of up to 887,000 sf of campus office uses,
some of which have already been developed in the EDSP area. The 950,000 sf of Campus Medical uses
envisioned for the Kaiser Dublin Medical Center generally falls within the size of campus development that was
already assumed and environmentally cleared for the Eastern Dublin area.
Connecting the Dots
Kaiser is proposing a new land use category (Campus Medical) to encompass the specific entitlements and
clearances for medical and commercial uses that are proposed. The EIR for the Kaiser Dublin Medical Center
will reference the existing EDSP and EIR, and will evaluate the potential environmental effects of the proposed
Campus Medical designation within that context. The EIR will not tier from the EDSP EIR, but will acknowledge
the existing foundation and will "connect the dots"to the proposed Campus Medical land use designation and
program of uses to ensure that all potential impacts are fully disclosed and evaluated. This approach will
facilitate understanding of the effects of the proposed amendment to the currently adopted General Plan.
Ensuring Adequate Levels of Service
Ensuring adequate vehicular and circulation on local streets, and to and from 1-580 is a critical component of
the project and the CEQA analysis.The EDSP notes:
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"...there are several areas indicated on the land use map that could develop as either general
commercial or campus office uses. This flexibility has been provided in these key areas to respond to
changing market conditions that may occur in the future. The shift from either campus office or
general commercial (the underlying land use designation) to general commercial or campus office
would only be permitted if the established traffic levels of service are not exceeded. Appropriate
traffic studies may need to be conducted in order for the City to make the proper determination
regarding traffic levels of service."(EDSP, p. 17)
The Kaiser Dublin Medical Center EIR will include a careful assessment of traffic impacts associated with the
proposed program of uses, and will identify feasible mitigation to ensure that levels of service along local
roadway segments and intersections remain acceptable.
Providing Flexibility for Implementation of a Broad Range of Potential Uses
The development of campus medical facilities over an extended time horizon requires flexibility to allow for
phased development that responds to market forces in the healthcare industry as well as regulatory
requirements and timeframes. Similarly, the development of the proposed commercial site requires flexibility
to allow development pursuant to a range of compatible uses.
To provide flexibility, the EIR will include conservative assumptions for the programmatic analysis of Phases 2
and 3 that will allow Kaiser to refine future plans with minimal subsequent environmental review. Similarly,
the EIR can analyze a broad range of project alternatives to disclose and evaluate potential impacts and
provide environmental clearance and flexibility for future development. FCS will strategize with the City and
applicant team to describe and analyze alternatives that frame the range of medical and commercial uses
envisioned for the site.
Facilitating Implementation
Although the EIR for the Kaiser Dublin Medical Center will not tier from the certified EDSP EIR, it must facilitate
the City's review and adoption of the new General Plan land use designation and associated entitlements. FCS
will work proactively with the City to define the parameters for analysis as part of project initiation to ensure
that the document is based on a foundation that allows for efficient review, certification, and adoption of the
EIR,the project,and associated entitlements.
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Scope of Work
FCS has identified the following scope of work for preparing the EIR for the Kaiser Dublin Medical Center.
Task 1: Project initiation
FCS' Project Director/Project Manager and other key team members will meet with City staff to clarify and
confirm the project description, identify key contacts, discuss scheduling targets, and obtain copies of the
project plans and other relevant information. A site visit will be conducted as part of the project initiation
process and is assumed to occur on the same day as the kick-off meeting.
As indicated in the RFP, FCS understands that the applicant has commissioned the following studies:
topographic survey, geotechnical study, and Phase I/Phase II ESAs. This scope of work assumes that these
studies will be made available as part of the Project Initiation task.
Schedule:Week 1
Cost$4,000
Support Project description and plans;applicant-commissioned technical reports
Task 2: Notice of Preparation
FCS will prepare a Notice of Preparation (NOP) in accordance with requirements of CEQA Guidelines Section
15082. Issuance of the NOP is the first milestone in the CEQA process and announces a lead agency's intent
to prepare an EIR. The NOP will identify the project location, provide a summary of the project characteristics,
and list probable environmental effects, supported by color graphics. The City will be responsible for
distributing the NOP. Consistent with CEQA Guidelines Section 15060(d), the City has determined that an EIR
is required and thus preparation of an Initial Study is not proposed.
Following release of the NOP, this scope of work assumes that the City will hold a public scoping meeting in
Dublin, which FCS representatives will attend (Meeting attendance at the scoping meeting is accounted for in
Task 12). FCS will be available to present an overview of the NOP and CEQA process. This scope assumes that
the City will record the scoping meeting and provide access to the recording or transcript to FCS. All public
comments received during the scoping period will be documented in the Draft EIR.
Schedule:Week 3 (NOP); Public Review Period between Week 3 and Week 7;Scoping Meeting(Week 6)
Cost$5,000
Support City review and distribution of NOP; City provides transcript of scoping meeting
Task 3: Peer Review and Technical Studies
Subtask 3A: Geotechnical Study Peer Review
FCS will conduct a peer review of the applicant-commissioned geotechnical study to determine if It provides
sufficient information to complete the CEQA evaluation. FCS will review the geotechnical study to evaluate the
characterization of site conditions,the adequacy of the geotechnical data collected,and the consistency of the
engineering conclusions with the collected data. Particular attention will be paid to the potential onsite
presence of liquefiable and expansive soils as well as the presence of faults. FCS will review recommended
actions to mitigate potential impacts related to these site conditions. FCS will prepare a memo summarizing
the site conditions and potential constraints to development and, if necessary, recommending or describing
conditions that need to be addressed by supplemental investigation or analysis.
Schedule:Week 6
Cost$1,500
Support Applicant-commissioned geotechnical study
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Subtask 38:Phase i/ll Environmental Site Assessments Peer Review
FCS will conduct a peer review of the applicant-commissioned Phase I/II Environmental Site Assessments
(ESAs)to determine if they provide sufficient information to complete the CEQA evaluation. FCS will review the
Phase I/II ESAs to identify data gaps and review historical documentation for the site and adjacent properties.
In addition, FCS will review the report conclusions and recommendations, and any recognized environmental
concerns for the site. FCS will prepare a memo summarizing the site conditions and potential constraints to
development, and if necessary, recommending or describing conditions that need to be addressed by
supplemental investigation or analysis.
Schedule:Week 6
Cost$1,500
Support Applicant-commissioned Phase I/II ESAs
Subtask 3C: Visual Simulations
Environmental Vision will prepare visual simulations from up to two(2)viewpoints to characterize the effects of
the project on publicly accessible locations. The simulation images will be presented as "before" and "after"
views showing the appearance of future development superimposed on selected photographic views of the
project site. The simulations will be based on project design data provided to Environmental Vision.
Schedule:Week 6
Cost$7,000
Support Project model (Sketchup file or 3D ACAD)and drawings(CAD and hardcopy)from the applicant
Subtask 3D:Air Quality/Greenhouse Gas Emissions Analysis
The project site is located adjacent to 1-580, and as such is subject to emissions of diesel particulates and
other pollutants of concern related to highway traffic.
Data Gathering
The key to providing a legally adequate air quality/ greenhouse gas assessment in an efficient manner is to
start with detailed and accurate modeling assumptions for the project. The location, extent, and timing of all
emission generating activities affect the modeling outcome and related CEQA significance findings. The most
important emission source is typically motor vehicles. The results of the traffic study will be needed before the
air quality and greenhouse gas modeling can be accomplished.
FCS will work closely with the project team to identify the assumptions at the beginning of the process. We
propose a conference call to go over the modeling assumptions to be held shortly after project kickoff. Key
assumptions include:
• Construction schedule(more detail is better);
• Construction equipment types for each phase of work;
• Construction equipment use(hours per day);
• Trip generation rates;
• Energy efficiency and water conservation design features;
• Pedestrian infrastructure; and
• Other sustainability features.
1 If a detailed construction schedule and equipment list is not available, the analysis will use default modeling
assumptions included in the CaIEEMod model. Using CaIEEMod default settings tends to overstate
construction emissions for projects with multistory buildings. Construction emissions for large development
projects often exceed the Bay Area Air Quality Management District(BAAQMD)'s daily emission thresholds and
may require mitigation using newer Tier 3 or Tier 4 emission certified construction equipment.
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Air Quality and Greenhouse Gas Analysis Report
A comprehensive air quality and greenhouse gas analysis will be prepared for this project. The analysis will
focus on short-term (construction) and long-term (operation) air quality impacts. The analysis will follow
guidance presented by the BAAQMD in its CEQA Air Quality Guidelines where appropriate for this assessment.
Although the BAAQMD's 2011 Guidelines are not in effect during an ongoing legal challenge, the document
provides substantial evidence to support the air quality and greenhouse gas thresholds and provides useful
modeling and screening tools to assist in the analysis. Lead agencies may also continue to rely on the Air
District's 1999 Thresholds of Significance and they may continue to make determinations regarding the
significance of an individual project's air quality impacts based on the substantial evidence in the record for
each project. FCS will use the 1999 Thresholds and data and analysis tools from the 2011 Guidelines. The
analysis will answer the CEQA guidelines Appendix G checklist questions for air quality and greenhouse gases.
FCS will base the greenhouse gas significance on consistency with the City of Dublin Climate Action Plan 2013
Update.
• Background Air Quality and Greenhouse Gas Information. The analysis will contain background
information, including a description of air pollutants, a description of greenhouse gases, the
regulatory environment surrounding air pollution and climate change, potential impacts of climate
change,and the existing air quality conditions in the project area.
• Emission Estimates. The air pollutant emissions associated with construction and operation will
be estimated using the CalEEMod Emissions Model and emission factors from the Air Resources
Board. Emissions will be compared with BAAQMD thresholds of significance. Greenhouse gas
emission reductions anticipated through project design features will be quantified. If needed,
mitigation measures will be identified to reduce potentially significant impacts.
• Construction Health Risk Assessment. FCS will use a health risk screening tool to determine if
health risks related to construction are less than the requisite health risk significance threshold.
According to BAAQMD guidance, a health risk assessment may be required if the project is within
100 meters of sensitive receptors. The BAAQMD's Guidance will be followed to quantify potential
health risks and hazards to nearby residents during project construction (from diesel construction
equipment). Construction emissions will be estimated using CalEEMod.
• Toxic Air Contaminant Impacts. The project will include sources of toxic air contaminants such as
diesel emergency generators, delivery trucks, and diesel ambulances that could impact
residences and other sensitive receptors near the project site and would require what is referred
to a Type "A" analysis. The project is also considered a sensitive receptor that will be subject to
TAC impacts from the nearby freeway and major roads serving the project and would require what
is referred to as a Type B analysis. FCS proposes to prepare a health risk assessment (HRA) to
determine if the impacts are significant and if mitigation measures must be incorporated that
reduce exposure to toxic air contaminant (TAC) emissions to less than significant levels. A
separate task describing the HRA is provided below.
• Emission Reductions and Significance Findings. Project design features and mitigation measures
(if required) that will reduce emissions will be identified. A significance finding before and after
mitigation for all potential air quality and greenhouse gas impacts will be determined.
• Report Preparation. FCS will prepare a draft Air Quality and Greenhouse Gas Report compiling the
results of the analysis as described above. Modeling results and other supporting documentation
will be provided as appendices. The draft report will be provided to the client for review and
comment.
Health Risk Assessment
The HRA will be prepared consistent with Recommended Methods for Screening and Modeling Local Risks and
Hazards(HRA Guidelines), prepared by BAAQMD, May 2011. The proposed project would create both 1) new
sources of toxic air contaminant (TAC) emissions (Type A project), and 2) would introduce new sensitive
receptors to the project site(Type B project). The HRA will include the following subtasks:
• Provide a description of the proposed project and detail the location of the proposed project.
• Define what a sensitive receptor is and identify nearby sensitive receptors to the project site.
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• Identify applicable federal, state, and BAAQMD rules and regulations and status of the appeal of
California Building Industry Association v. BAAQMD.
• Identify health risk standards and acceptable cancer, non-cancer(acute and chronic), and PM2.5
concentration thresholds from TAC emissions (Type A projects) and cumulative impacts from the
nearby roads and stationary sources of TAC emissions to the locations of sensitive receptor on the
project site(Type B projects)that are detailed in the HRA Guidelines.
• Preparation of the Type A project analysis would include the following:
• Utilize the VOC and PM2.5 emissions from onsite equipment for each phase of
construction activities that will be calculated in the air quality analysis for the proposed
project in order to generate construction-related emission rates for use in the ISCST3
model.
• Obtain the proposed project's truck trip generation rates from the applicant or traffic
impact analysis for each phase of development. Calculate the emission rates for idling
and truck travel for diesel particulate matter(DPM)and volatile organic compounds(VOC)
emissions through use of the EMFAC2011 model for each year over a 70 year time
period.
• Obtain the estimated percentage of trucks that would have an operational transport
refrigeration unit (TRU)from the applicant or from professional judgment. Calculate the
DPM and VOC emissions rates from TRUs through use of the OFFROAD2007 model for
each year over a 70 year time period.
• Obtain DPM and VOC emission rates from the proposed central utility plant through use
of data provided by the applicant or manufacturer of the utility plant.
• Obtain from the applicant the handling procedure and processing of medical waste on the
facility and determine if any processes will emit dioxins, which is a TAC primarily created
from medical waste. If a process will emit dioxins, than the dioxin emission rate will be
calculated and normalized to either DPM or VOC emissions, if the medical waste process
will not release dioxins, than a qualitative analysis will be provided detailing the medical
waste process.
• Calculate the DPM, VOC, and PM2.5 concentrations at the nearby sensitive receptors
associated with the on-going operation of each phase of development for the proposed
project through utilization of the AERMOD model, the emissions rates provided in the
previous steps and the methodology described in HRA Guidelines.
• Utilize the prior task's calculated toxic air emission levels, to calculate the cancer risk,
non-cancer (chronic and acute) health impacts, and PM2.5 concentrations at the nearby
residential uses from the on-going operation of each phase of the proposed project. The
70-year cancer risks at the nearby sensitive receptors will be calculated through adding
the cancer risk of each phase of development together.
• Calculate the project plus cumulative cancer, non-cancer risks, and PM2.5
concentrations at the nearby residences by identifying all major roads and stationary
permitted sources located within 1,000 feet of the project site. (The cumulative analysis
would utilize the same procedure as detailed below for Type B projects.)
• Preparation of Type B project analysis would include the following:
• Identify all roadways with 10,000 or more vehicles per day that are located within 1,000
feet of the project site. For Interstate 580 the cancer and non-cancer risks will be
obtained from BAAQMD's Highway Screening Table. The cancer and non-cancer risks
from the surface streets will be obtained from BAAQMD's County Surface Street
Screening Tables.
• Utilize the BAAQMD permitted stationary sources app to identify all stationary sources of
TAC emissions located within 1,000 feet of the project. Obtain the cancer and non-
cancer rates from the app for all sources located within the analysis area and then utilize
the BAAQMD's facility multiplier tools to calculate the cancer, non-cancer and PM2.5
concentrations at the most impacted sensitive receptor on the project site.
• Combine the cancer, non-cancer, and PM2.5 concentrations from all analyzed roadways
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and stationary sources to determine the cumulative risks to the most impacted sensitive
receptor on the project site. Compare the results with the BAAQMD's cumulative
thresholds. If necessary, provide mitigation to reduce the cumulative impacts to the
onsite sensitive receptors to less than significant levels.
• Prepare an HRA report documenting the results of the study. The report will summarize
the results of the previous work tasks.
Schedule:Week 10
Cost$17,000
Support Completed Transportation Impact Study
Subtask 3E:Biological Resources Analysis
According to the California Natural Diversity Data Base, United States Fish and Wildlife Service (USFWS), and
California Native Plant Society Electronic Inventory queries, the following species and habitats are known to
occur in the vicinity of the project site:a total of 68 special-status species,three (3)rare natural communities,
and USFWS-designated critical habitat for California tiger salamander (Ambystoma californiense), California
red-legged frog(Rana draytonii), Alameda whipsnake(Masticophis lateral's euryxanthus) and vernal pool fairy
shrimp (Branchinecta lynchi). Although the existing 58-acre project site appears graded and offers limited
biological value, an evaluation of the proposed project's effects on sensitive biological resources will need to
be completed.
A FCS biologist will review publicly available existing information regarding the project and vicinity to identify
protected biological resources that may be present including species listed as endangered or threatened under
the state and federal Endangered Species Acts, wetlands or other sensitive natural communities, rare plants,
etc. Existing information including the Eastern Dublin Specific Plan and EIR, maps, aerial photographs,
documents, and correspondence relative to the project site will be reviewed and analyzed. Data to be
reviewed includes but is not limited to:
• Existing documentation and studies of the biological resources in the vicinity of the site;
• Literature pertaining to habitat requirements of special status species potentially occurring onsite;
• The California Department of Fish and Wildlife Annual Report on the status of California's listed
threatened and endangered plants and animals;
• California Natural Diversity Data Base (RareFind) information regarding special status species
potentially occurring onsite;and
• California Native Plant Society Electronic Inventory(CNPSEI).
Following the review of existing documentation, FCS staff will visit the project site to photo-document the
existing conditions and gain an understanding of the site, adjacent land uses, sensitive resources, and
potential impacts of the project. More specifically, to determine the potential for impacts to special-status
species and sensitive habitats, the biologist will characterize habitat types; assess the potential for waters of
the U.S., including wetlands and sensitive habitats; document plant and wildlife species observed; and assess
suitability of the site to support special-status plant and wildlife species. Active nests of raptors and migratory
songbirds observed within the project site will be noted and any potential wildlife movement corridors will be
identified.
After the site survey, FCS will prepare the Biology Section of the EIR, including a qualitative description of the
vegetation communities and wildlife observed on site. Representative photographs of the existing conditions
taken during the site investigation will also be included. Species Tables and other information will be included
as an appendix to the EIR. Mitigation measures will be identified, as needed, to avoid or minimize potential
impacts.
Schedule:Week 10
Cost$5,500
Support Access to the site
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Subtask F:Cultural Resources Analysis
The project site consists of undeveloped land that may contain undiscovered subsurface resources (e.g.,
artifacts,features, etc.). Accordingly, FCS will prepare a Phase I Cultural Resources Assessment that includes
the following tasks.
Record Searches
FCS will request a records search at the Northwest Information Center (NWIC) affiliated with Sonoma State
University, Rohnert Park. The record search will include a review of the National Register of Historic Places,the
California Register of Historical Resources, the California Inventory of Historic Resources, the California
Historical Landmarks,the California Points of Historical Interest listings,the Historic Property Data File, historic
maps,and other pertinent historic data.
A letter will be sent requesting the Native American Heritage Commission (NAHC) search their Sacred Lands
File and provide a list of interested Native American tribal members who may have additional information
about the project area. On the basis of information received from the NAHC, a letter will be sent to specific
tribal entities requesting additional information from them about the proposed project area.
Cultural Resource Field Survey
A pedestrian field survey will be conducted for the 58-acre project site by an FCS Project Archaeologist. Aerial
photographs indicate that the project site does not include any structures; therefore, this scope of work
assumes that no structures will need to be recorded.
Report Preparation
1
FCS will prepare a Phase I Cultural Resources Assessment Report that will detail the results of the field
investigation, record searches, and any resources discovered. The report will meet Office of Historic
Preservation (OHP) standards for Phase I Cultural Resource studies. The Phase I Report will include
recommendations for further study and/or mitigation within the project area,as needed.
Optional Site Recordation
Although considered highly unlikely, if cultural resource sites or resources are found within the project area,
and if completion of DPR site forms is required,the Optional Site Recordation Task will be utilized. The cost for
recording individual sites is highly dependent on what is found, but$300 is the minimum charge for recording
previously unrecorded sites.
FCS cannot determine, prior to completion of the field survey, the need for recordation or the number of
additional sites to be recorded;therefore,we have established the Optional Site Recordation task line.
Schedule:Week 10
Cost$5,000
Support Access to the site
Subtask 3G:Noise Analysis
The site is located directly adjacent to 1-580 and would place sensitive receptors in close proximity to this noise
source. Careful evaluation will be required to ensure that future uses are designed to protect patients,
employees, and visitors from unacceptable levels of sound. FCS will prepare a Noise Analysis to evaluate
project-related construction and operational noise impacts on surrounding land uses. The analysis will be
wholly contained in the EIR and the supporting technical data will be appended to the document. To perform
this analysis,the following tasks are required.
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Compile and Summarize Background Information
The general characteristics of sound and the categories of audible noise will be described. The regulatory
framework related to noise, including applicable federal, State, and City plans, policies and standards will be
summarized, The existing noise environment will be documented through traffic noise modeling and ambient
noise measurements. Up to four (4) short-term and one (1) long-term ambient noise measurements will be
conducted on the project site. The purpose of the noise monitoring effort is to establish the daytime existing
noise environment for comparison to the City's land use compatibility standards. Noise sensitive uses and
existing stationary noise sources in the project vicinity will also be identified.
Conduct Construction Noise Impact Analysis
Construction of the project would require the short-term operation of heavy equipment in the vicinity of nearby
residential land uses. The construction noise impact will be evaluated in terms of maximum levels (Lnax) or
hourly equivalent continuous noise levels(Leg)and their frequency of occurrence. Noise analysis requirements
and thresholds of significance will be based on the sensitivity of the project area and the City of Dublin noise
ordinance specifications.
Conduct Operational Noise Impact Analysis
A quantitative assessment of noise impacts from project-specific and cumulative vehicular traffic trips will be
performed. Traffic noise impacts will be assessed using the U.S. Federal Highway Traffic Noise Prediction
Model (FHWA-RD-77-108, December 1978). Required model input data include without- and with-project
average daily traffic volumes on adjacent roadway segments, day/night percentages of autos, medium and
heavy trucks, vehicle speeds, ground attenuation factors, and roadway widths. Projections of the future traffic
Community Noise Equivalent Level (CNEL) along selected roadway segments, based on the traffic study to be
prepared for the project, will be provided in a table format to show the distance/contour relationship. Traffic
noise will be analyzed for impacts to the project and impacts resulting from the project on existing noise
sensitive land uses in the project vicinity.
Potential noise impacts from project-related stationary noise sources, such as loading/unloading and parking
lot activities, as well as mechanical system operations from both the medical campus and commercial land
uses will also be evaluated.
Summarize Noise Reductions and Significance Findings
Mitigation measures designed to reduce short- and long-term noise impacts will be identified where
appropriate. Both an evaluation of the potential mitigation measures and a discussion of their effectiveness
will be provided.
This technical analysis for potential noise impacts will be directly incorporated into the EIR, with noise
monitoring readouts and modeling data being placed in the Appendices. This task does not include the
preparation of a separate, standalone technical noise study.
Schedule:Week 10
Cost$8,000
Support Completed Transportation Impact Study
Subtask 3H: Transportation Impact Study
Project Characteristics and Study Location Identification
Fehr& Peers will estimate the daily, morning and evening peak hour vehicle trip generation of the project using
appropriate trip generation rates published in Institute of Transportation Engineers' (ITE) Trip Generation
Manual (9th Edition)and other available trip generation data, such as survey data from other Bay Area Kaiser
Medical facilities.
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Fehr & Peers will estimate the trip distribution of project traffic under Existing, Near-Term and Cumulative
conditions using sources such as existing counts, the location of complementary land uses, a select zone
analysis from the City of Dublin Travel Demand Model, and potentially, employee and member ZIP code data
for the proposed Dublin service area. The trip distribution will be used to assign the project traffic to the
roadway network. The results of this task will be used to finalize the list of intersections to include in the
transportation impact assessment.
As part of this task, Fehr& Peers will outline an approach to calculate vehicle miles of travel for the project, as
well as suggest additional transportation thresholds of significance consistent with the updated CEQA
guidelines. New thresholds of significance will consider if a project site is located within a PDA planning area
and safety impacts.
A technical memorandum detailing the analysis assumptions, including a final list of recommended study
intersections will be submitted to City staff and the project team for review and comment prior to completing
the impact analysis. Fehr&Peers expects that up to 30 intersections would be included in the analysis,as well
as mainline segments of Interstate 580 from west of Tassajara Road to east of Fallon Road, as well as the
ramp merge/diverge areas of the Tassajara Road and Fallon Road interchanges.
Data Collection and Site Reconnaissance
Based on our preliminary review of the project location and prior analyses conducted in the area, Fehr&Peers
expects that up to thirty(30) intersections would be included in the impact assessment.
Fehr& Peers will conduct morning(7:00 to 9:00 AM)and evening(4:00 to 6:00 PM)turning movement counts
at the study intersections, including separate counts of bicycles, pedestrians and trucks. This scope and fee
includes peak period data collection at thirty (30) study intersections. Available data from Caltrans and the
City will be used to determine freeway mainline volumes, and ramp merge/diverge volumes will be determined
from turning movement counts at the ramp terminal intersections.
Fehr& Peers will conduct a field reconnaissance of the project site and surrounding roadway network to verify
existing intersection control, lane configurations, and other roadway characteristics. Data for transit services,
bicycle, and pedestrian facilities within the study area will also be collected. Fehr& Peers will request accident
data from the City at intersections within the immediate study area.
Using the data collected, the existing peak hour level of service at each study intersection will be calculated
using the analysis methods outlined in the 2010 Highway Capacity Manual.
Forecast Development
Fehr & Peers developed a travel demand model for the City of Dublin based on the August 2011 Alameda
countywide travel demand model developed and maintained by the Alameda County Transportation
Commission (ACTC). Additional details were added to the ACTC model within the City of Dublin and surrounding
areas to refine land use, roadway network, and transit network detail and incorporate the latest available
socio-economic data (SED). Model outputs from key model stages were also compared to locally observed
data to evaluate the model's ability to replicate existing travel data within the City of Dublin - a key component
to a model's ability to forecast future travel behavior. The model forecasts year 2020 and 2035 conditions. As
part of this project,the near-term and cumulative models will be updated to reflect 2025 and 2040 conditions,
consistent with the updated Alameda CTC model which was recently released.
For areas outside Dublin, Fehr& Peers will use updated land use projections and roadway network details from
the updated model. For areas within Dublin, Fehr&Peers will work with City of Dublin Staff to update the near-
term and cumulative land use and roadway network assumptions within the study area to reflect 2025 and
2040 conditions. We will also update the baseline land uses and roadway network and use the data collected
as part of Task 2 to validate the model within the study area. The resulting model will then be used to develop
near-term and cumulative without project forecasts in the study area. It is expected that land uses for Grafton
Plaza and Camp Parks sites would be updated to reflect the currently proposed/approved projects for those
areas.
To complete this task, Fehr & Peers will rely on City staff to provide land use updates for the baseline, 2025
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and 2040 conditions. .
Impact Analysis
The impact analysis will be conducted for the following scenarios:
• Existing
• Existing plus Phase 1(either with or without commercial development, per team direction)
• Existing plus Full Buildout
• Near-term(2025)
• Near-term Plus Phases 1 and 2 (either with or without commercial development, per team
direction)
• Near-term plus Full Buildout
• Cumulative(2040)
• Cumulative plus Full Buildout..
In each case, the morning and evening peak hour intersection levels of service, freeway mainline and ramp
merge/diverge area operations will be calculated using the 2010 Highway Capacity Manual methodology.
Mitigation measures will be identified for impacts that exceed the thresholds established in the significance
criteria and the project's proportionate share of identified intersection and roadway improvements will be
calculated.
Vehicle miles of travel will also be calculated for the above scenarios based on the method agreed to by Fehr&
Peers and the City of Dublin.
As part of the impact assessment, potential transportation demand management strategies will be identified
for implementation. We will calculate the vehicle trip generation reduction that could be expected from the
implementation of each strategy(up to ten strategies assumed for quantification) and evaluate if the level of
potential trip generation reduction would be sufficient to reduce potentially significant impacts to a less-than-
significant level. A draft transportation demand management plan would be prepared and included as a
separate stand-alone memorandum or as a chapter in the transportation impact analysis.
Site Plan Review
Fehr& Peers will review the site plan for the proposed project phases to ensure safe and efficient circulation of
vehicles, bicycles and pedestrians through the project site and on the roadways adjacent to the project site for
each project phase. Fehr&Peers will review the plan in terms of:
• Site access and interface with roadway network including adequacy of turn-pocket lengths,
driveway throat lengths,sight distance and level of service;
• Vehicular circulation and internal intersection operations;
• Emergency vehicle access and circulation;
• Patient access to the emergency/urgent care department;
• Pedestrian access and circulation within and adjacent to the site;
• Bicycle access and circulation within and adjacent to the site;
• Transit and shuttle vehicle circulation within and adjacent to the site;
• Pedestrian access to and from transit stops;and
• Truck circulation and loading dock access.
As there may not be a final site plan for the commercial parcel, we will review potential connections between
the site and provide recommendations that can be incorporated into the final site plan development.
Parking Analysis
Based on parking occupancy data collected at the existing Kaiser Medical Centers and other medical centers
in the Bay Area, Fehr & Peers will develop peak parking generation rates for use on this project. These rates
will be applied to the proposed Kaiser Dublin Medical Center to estimate the parking supply for both
employees and members. The minimum amount of parking as required by the City's Zoning Ordinance will also
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be calculated.
Parking requirements will also be reviewed for the commercial site.
Parking mitigation will be developed if the proposed supply would be unlikely to support typical demand.
Transit Analysis
The potential transit trip generation for the Kaiser Medical Center will be calculated. The existing load factors
of the transit routes in the study area will be reviewed. Potential transit trips from the project will be added to
the existing routes in the area to determine if project related transit trips can be accommodated by the existing
system. The potential for Kaiser to operate a shuttle between the BART station and the site will be evaluated.
Congestion Management Agency Assessment
A separate analysis of regional roadways will be conducted to comply with requirements of the Alameda County
Congestion Management Agency(ACCMA). The ACCMA requires the analysis of project impacts to Metropolitan
Transportation System (MTS) roadways for development projects that would generate more than 100 PM peak
hour trips. The ACCMA requires that the baseline forecasts be represented by the model run completed by the
ACCMA. Fehr & Peers proposes to add the project-related traffic directly to the baseline forecasts and
compare the net change as a percentage of total traffic.
The ACCMA analysis will be based on the 2025 and 2040 forecast years and will evaluate up to forty (40)
roadway segments on the following roadways in the study area: 1-580, 1-680, Dublin Boulevard, and Tassajara
Road/Santa Rita Road. Conditions with the project will be analyzed.
Project Alternatives
Fehr& Peers will perform a qualitative evaluation of up to three(3)project alternatives. Trip generation will be
calculated and compared to that of the proposed project. The potential for the alternatives to reduce the
significant impacts of the project will be discussed.
Documentation
The following documents will be prepared:
• Technical Memorandum summarizing the proposed trip generation and distribution assumptions
for City review and approval;
• Draft Transportation Impact Analysis (or administrative draft chapter of the Transportation and
Circulation section of the EIR);
• Final Transportation Impact Analysis (or draft chapter of the Transportation and Circulation
section of the EIR for public review);and
• Response to comments on the public review draft.
This scope of work assumes that editorial comments are received on the Draft Transportation Impact Analysis.
Fehr&Peers has budgeted 20 staff hours to prepare the final report. As the number of comments on the Draft
EIR is unknown, Fehr & Peers budgeted 10 hours to prepare responses to comments. A budget amendment
may be necessary if the number of comments and the level of complexity exceed 10 hours of effort.
Meetings
Fehr & Peers anticipates attending five (5) meetings with the project team and/or City staff. Fehr &Peers will
be available to attend additional meetings on a time-and-materials basis.
Schedule:Week 10
Cost$188,575
Support City approval of scope of Transportation Impact Study
Subtask 31: Water Supply Assessment
The proposed project involves the development of more than 500,000 square feet of new medical center and
commercial uses and,therefore, a Water Supply Assessment(WSA)will be required under State law. Balance
Hydrologics, Inc. (Balance), a hydrology consulting firm, would prepare the Water Supply Assessment,
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Work on the WSA will focus on assessing whether a viable water supply is available for the project, as well as
possible effects of the project relative to other water users within the project area. The project is within the
Service Area of the Dublin San Ramon Services District (DSRSD), which obtains water from the Zone 7 Water
Agency(Zone 7). Balance will therefore rely heavily on several key documents developed by these agencies as
the WSA is completed. These documents include the 2010 DSRSD Urban Water Management Plan (UWMP,
adopted in June 2011)and the Zone 7 Water Supply Evaluation (2011),among others.
Project planning and review of background materials
Balance will meet with the project team via conference call to review a final Project Description as well as
anticipated potable and recycled demand estimates for the project and anticipated conservation measures.
Balance will also review regional and local materials relevant to this project, with primary emphasis on the
Urban Water Management Plan (UWMP)and Zone 7 Water Supply Evaluation documents, in addition to other
pertinent planning documents, such as the 2005 Groundwater Management Plan (GMP) for the Livermore-
Amador Valley Groundwater Basin and the City of Dublin General Plan and Eastern Dublin Specific Plan,among
others.
If feasible, Balance will communicate with DSRSD, Zone 7, and/or City of San Ramon staff to learn about
conditions under the current drought to multi-year drought simulations carried out as part of prior water supply
reliability investigations.
Develop and compare estimates of water demand
Water demand projections are included as part of the UWMP and are based on build-out projections
associated with the general plans of cities and counties within the DSRSD service area. Since Kaiser is
requesting that the City of Dublin consider a General Plan and Eastern Dublin Specific Plan Amendment to a
newly-created land use category, "Campus Medical", estimates of both potable and recycled water demand
must be developed for this particular land use and project and compared to the anticipated demands
associated with the UWMP.
Balance will work with City of Dublin staff and the project applicant and/or DSRSD and jointly develop
anticipated demand estimates, and compare these estimates to the per capita demand. If gaps are present in
the data that limit the subconsultant's ability to complete this task, Balance will compile a list of additional
data needs and submit the list to FCS to be forwarded to the client, the applicant, the City of Dublin, or other
appropriate agency/entity. If the requested data are not readily available and a significant effort is required,
additional analyses beyond this scope of work may be required.
Prepare Draft Water Supply Assessment
Balance Hydrologics will prepare the WSA report, according to SB610 guidelines. The report will describe the
demand and supply reliability analysis for a normal year, single dry year, and multiple dry years, drawing on
information and analyses presented by DSRSD and Zone 7, as well as observed conditions during the present
drought. The WSA will also present recommendations for meeting the water-use goals outlined in the analysis,
the UWRP,and other pertinent documents. The draft will be submitted to the client for review.
Prepare Final WSA report
Following the receipt of comments on the DRAFT WSA Report, Balance will develop a final WSA Report.
Balance assumes that comments received will not require additional analysis or significant revisions, and have
budgeted accordingly; it is anticipated that no more than 15 hours will be required to finalize the report.
Project administration,coordination, and management
Balance has included a limited budget to account for time spent communicating with the City staff regarding
this scope of work, contracting requirements,and to report on project progress.
Schedule:Week 10
Cost$18,589
Support anticipated potable and recycled demand estimates for the project and anticipated conservation
measures.
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Task 4:Administrative Draft Environmental Impact Report
FCS will prepare an Administrative Draft EIR in accordance with the applicable requirements contained in CEQA
Guidelines Sections 15120 through 15132. The Administrative Draft EIR will contain project- and program-
level analysis supported by graphics and tables. The document will identify potentially significant impacts,
feasible mitigation measures, and the residual significance after mitigation has been implemented. The
contents of the Administrative Draft EIR will be as follows:
Executive Summary
In accordance with CEQA Guidelines Section 15123, the Executive Summary will contain a summary of the
project, list the project alternatives, identify areas of controversy, and provide a matrix listing environmental
impacts and mitigation measures, and the residual significance of all impacts.
Introduction
FCS will prepare the introduction including the purpose and background of the project, the determination of
the lead agency, scope of the EIR, and the document's organization. The Introduction will establish the scope
of review of the EIR and identify environmental topics that had been previously evaluated at a sufficient level in
the prior rounds of environmental review and,thus,would not need to be reevaluated again.
Project Description
Pursuant to CEQA Guidelines Section 15124, the project description will identify the project location, describe
the project characteristics, list the project objectives, identify necessary approvals,and list other agencies that
may use the document. The project description will describe the relationship of the project to the City of Dublin
General Plan, and Dublin Municipal Code and use color graphics and tables to clearly convey relevant
information to the reviewer.
The Project Description will present the proposed "Campus Medical"land use designation in relationship to the
existing Campus Office designation in the Eastern Dublin Specific Plan (EDSP). The EIR will evaluate the
alignment of the proposed new land use category to the established uses and clearance already provided in
the EDSP.
The Project Description will clearly set out the proposed phasing of the project to ensure a conservative and
accurate evaluation of potential effects. Knowing that the timing and size of the proposed uses may shift and
change before implementation, FCS will work strategically with the City and applicant team to present phasing
and sizes that provide flexibility in implementation to streamline the need for additional CEQA review. FCS will
take care to define phasing and uses conservatively, based on triggers that may be identified in the technical
studies. As noted in the RFP, "the Development of mitigation measures shall be an iterative process
concurrent with the project review such that the mitigation measures can be incorporated, where appropriate,
into the project itself." To this end, FCS will work aggressively from the outset to identify mitigation that can be
incorporated into the project description. A good example is the need for MERV filters to address air quality
concerns related to the proximity of 1-580. FCS will confirm the need for special filters and this can inform the
project description.
The following specific sections will be prepared that provide a discussion of environmental setting, impacts,
and mitigation measures(if applicable).
Aesthetics, Light, and Glare
The proposed project contemplates the development of a medical campus and commercial uses on a highly
visible 58-acre site along the 1-580 corridor. FCS will evaluate the change in visual character and the effects of
new lighting sources through review of the project development standards, plans, and site reconnaissance.
This analysis will employ the use of the computer generated visual simulations from up to two(2)viewpoints to
characterize the effects of the project on publicly accessible locations. The visual simulations will be prepared
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by Environmental Vision. The analysis will also draw from site photographs, documentation of existing
conditions, and project plans. Mitigation measures will be proposed if necessary.
Air Quality/Greenhouse Gas Emissions
The proposed project contemplates construction and operational activities that would emit criteria air
pollutants and greenhouse gas emissions. The project site is also located directly adjacent to 1-580, a
significant source of diesel particulates and other toxic air contaminants. FCS will prepare the EIR Air Quality/
Greenhouse Gas Emissions section and identify impacts and mitigation (as appropriate). The section will also
include a summary of analysis and findings from the Health Risk Assessment, which will be prepared as a
separate stand-alone technical study under Task 3C. The findings will be summarized in the EIR Air Quality/
Greenhouse Gas Emissions section and supporting documentation will be provided as an appendix to the EIR.
Biological Resources
FCS will prepare the EIR Biological Resources section and identify impacts and mitigation (as appropriate)
using the analysis prepared as part of Subtask 3D. Supporting documentation will be provided as an appendix
to the EIR.
Cultural Resources
The project site contains undeveloped land that may contain undiscovered cultural resources (e.g., artifacts,
fossils, etc.). FCS will prepare the EIR Cultural Resources section and identify impacts and mitigation (as
appropriate) using the Cultural Resources Assessment technical study prepared as part of Subtask 3E. The
findings will be summarized in the EIR Cultural Resources section and supporting documentation will be
provided as an appendix to the EIR,
Geology,Soils, and Seismicity
The proposed project contemplates the development of urban uses, as well as associated infrastructure
improvements in a seismically active region of California. FCS will use the applicant-commissioned
geotechnical study as the basis for evaluating impacts associated with geology, soils, and seismicity.
Additionally, FCS will review information provided by the United States Geological Survey, the California
Geological Survey, and the City of Dublin General Plan to identify any other issues of concern. The findings will
be summarized in the EIR Geology, Soils, and Seismicity section and supporting documentation will be
provided as an appendix to the EIR.
Hazards and Hazardous Materials
FCS will use the applicant-commissioned Phase I/II ESAs to assess the potential presence of hazardous
materials within the project site. Additionally, FCS will conduct site reconnaissance to confirm the findings of
the Phase I/II ESAs and document any conditions that have changed since the completion of the reports. The
findings will be summarized in the EIR Hazards and Hazardous Materials section and supporting
documentation will be provided as an appendix to the EIR.
The project site is within the Livermore Airport Influence Area and appears to be at the boundary of the Airport
Protection Area, protection zones 6/7. The EIR will discuss the relevant policies of the Airport Land Use
Compatibility Plan, as they relate to the planned uses, and will confirm consistency with ALUP policies and
regulations as they relates to land uses, height restrictions,etc.
Hydrology and Water Quality
The proposed project contemplates future development activities that would involve construction and
operation activities that have the potential to create polluted runoff, increase impervious surface coverage,
and create downstream drainage problems. FCS will review project drainage and storm water quality plans as
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the basis for assessing impacts. Additionally, FCS will consult readily available resources such as a storm
water control plan that is typically provided by the applicant to demonstrate compliance with RWQCB
guidelines. FCS will also consult resources such as the California Department of Water Resources Bulletin
118, the San Francisco Bay Regional Water Quality Control Board Basin Plan, the City of Dublin General Plan,
and the County of Alameda General Plan. The findings will be summarized in the EIR Hydrology and Water
Quality section.
Land Use and Planning
The proposed project would involve a General Plan Amendment and an amendment to the Eastern Dublin
Specific Plan to include a new land use category"Campus Medical",and associated entitlements. As such,the
project would be assessed for consistency with the City of Dublin General Plan, the Eastern Dublin Specific
Plan, and the Dublin Municipal Code. Consistency with key General Plan and Specific Plan goals and policies
will be provided in a matrix format. Additionally, the proposed uses, as well as associated infrastructure
improvements will be assessed in accordance with the development standards set forth in the General Plan
and Municipal Code. The proposed project's consistency and potential impacts with surrounding land uses will
be addressed and mitigation or project modifications will be suggested to avoid or minimize any conflicts.
Noise
The proposed project contemplates construction and operational activities that could potentially expose
surrounding land uses to excessive noise and vibration levels. FCS will prepare the EIR Noise section and
identify impacts and mitigation (as appropriate) using the analysis identified in Subtask 3F. The findings will
be summarized in the EIR Noise section and supporting documentation will be provided as an appendix to the
EIR.
Public Services and Utilities
FCS will evaluate impacts on public service and utility providers and evaluate the proposed project's impacts in
terms of the need to construct new or expanded existing facilities, acquire additional supplies, generate
effluent that exceeds the permitted capacity, etc. FCS will use information provided by the City of Dublin and
utility providers to evaluate the adequacy of existing infrastructure, anticipated utility loads (e.g., water
demand, sewage generation, etc.), and similar topics. Please note that the Water Supply Assessment will be
used as the basis for the water supply analysis. The following topics will be analyzed:
• Fire Protection/ Emergency Medical Services
• Police Protection
• Schools
• Parks and Recreation
• Water Supply
• Wastewater
• Storm Drainage
• Solid Waste
• Energy
Transportation
The proposed project contemplates development of medical campus and commercial uses on the 58-acre
project site, which has the potential to generate new trips, alter traffic circulation patterns, create a need for
roadway improvements, and increase the use of public transit, bicycle, and pedestrian modes of
transportation. FCS will use the Transportation Impact Study prepared by Fehr & Peers as the basis for
assessing transportation impacts and identifying mitigation.
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Proposal
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Cumulative Effects
In accordance with CEQA Guidelines Section 15130, the EIR will address the cumulative effects of the
proposed project in combination with other projects. As set forth in the CEQA Guidelines, the cumulative
analysis will focus on impacts that the project has a significant incremental contribution towards. The analysis
will reflect the severity of the impacts and their likelihood of occurrence, and will be guided by standards of
practicality and reasonableness.
Alternatives
Pursuant to CEQA Guidelines Section 15126.6, the EIR will evaluate a range of feasible alternatives to the
proposed project. One of the alternatives will be the CEQA-mandated No Project Alternative," which is the
circumstance under which the project does not proceed. FCS will evaluate up to three (3) additional
alternatives, likely consisting of a combination of a reduction in project size and alternate uses. In addition,
the Alternatives section will address the feasibility of an alternative location, as well as any alternatives that
were initially considered but rejected from further consideration.
Given the uncertainty regarding the proposed use of the commercial site, FCS will work strategically with the
City and the applicant team to define alternatives that describe a range of uses that can facilitate and
streamline the need for subsequent review as the plans for the commercial site and Phases 2 and 3 of the
medical uses are refined.
Effects Found Not To Be Significant
CEQA Guidelines Section 15143 establishes that EIRs shall focus on significant impacts on the environment
and need not discuss in detail effects that are clearly insignificant or unlikely to occur (e.g., tsunami
inundation).
Other CEQA Required Sections
This section will address the CEQA-required issues of significant environmental effects that cannot be avoided
(CEQA Guidelines Section 15126[b]), significant irreversible environmental changes(CEQA Guidelines Section
15126[c]), growth inducement (CEQA Guidelines Section 15126[d]), and energy conservation (CEQA
Guidelines Appendix F).
Persons and Organizations Consulted/List of Preparers
In accordance with CEQA Guidelines Section 15129, the EIR will identify all agencies, organizations, and
individuals consulted during the preparation of the document, as well as the agency representatives and firms
involved with EIR preparation.
References
This section will list all resources used in the preparation of the EIR. FCS will compile all documents cited in
the References section and include it on CD.
Technical Appendices
Pursuant to CEQA Guidelines Section 15147, supporting technical information will be appended to the EIR as
technical appendices. This includes but is not limited to technical studies, modeling data, and
correspondence.
Schedule:Week 13
Cost:$55,000
Support City and applicant review and approval of Project Description; provision of site plans including, but not
WU✓bJ.'i'(fcitCcll"bGilE (7il,itl0il3i'i.Cbl"'!l 17
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SOLUTIONS
limited to, photometric,façade elevations,wet and dry utilities, and landscaping
1 Task 5:Screencheck Draft EIR
Upon receipt of final City staff comments on the Administrative Draft EIR, FCS will prepare a Screencheck Draft
EIR that shows alternations using Track Changes.
Schedule:Week 18
Cost$17,500
Support City staff comments on Administrative Draft EIR
Task 6:Draft EIR
Upon receipt of final City staff comments on the Screencheck Draft EIR, FCS will proceed with finalizing and
producing the Draft EIR for public review. FCS assumes a total of 40 hours of technical staff time will be
required to complete revisions to the Draft EIR, plus editing and administrative staff time to prepare the
document for publication. If additional hours are required, FCS will prepare a budget augment to cover the
actual level of effort.
FCS will provide copies of the Draft EIR to the City of Dublin, which will be responsible for local distribution,
noticing,and posting. FCS will provide copies of the Draft EIR to the State Clearinghouse,which will distribute
the document to state agencies. FCS will also prepare the Notice of Completion that will be provided to the
State Clearinghouse as part of this task. Finally, FCS will prepare the Notice of Availability and provide to the
City for use as part of the local distribution process.
Schedule:Week 20(Public Review Period:Week 20 and Week 26)
I Cost $8,000
E' Support City staff comments on Screencheck Draft EIR; City distribution of Draft EIR (local)
1
Task 7:Administrative Final EIR
FCS will prepare an Administrative Final EIR in accordance with the applicable requirements contained in CEQA
Guidelines Sections 15088 and 15089. The Administrative Final EIR will list all agencies, organizations, and
individuals who submitted written comments on the Draft EIR during the public review period and provide
written responses to those comments. To enhance readability and avoid redundancy, FCS will use Master
Responses to address frequent and reoccurring comments on the Draft EIR's analysis. Additionally, the
Administrative Final EIR will contain Errata, which will document minor changes to the Draft EIR text in
strikeout-underline format.
This scope of work allocates a total of 60 hours for FCS technical staff to respond to comments received on the
Draft EIR, in addition to administrative, editorial, GIS, and junior staff time to prepare the document. If the
! volume or complexity of comments requires more than 60 hours to respond to comments, FCS will request
authorization from the City for additional budget.
Schedule:Week 30
Cost$20,000
t Support All comments received on Draft EIR
Task 8:Screencheck Final EIR
Once City staff provides comments on the Administrative Final EIR, FCS will prepare a Screencheck Final EIR
that shows changes in track.
Schedule:Week 33
Cost$8,000
Support City comments on Administrative Final EIR
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Task 9:Final EIR
Once City staff provides final comments on the Screencheck Final EIR, FCS will proceed with finalizing and
producing the Final EIR for public review. FCS assumes a total of 20 hours of technical staff time will be
required to complete revisions to the Draft EIR, plus editing and administrative staff time to prepare the
document for publication. If additional hours are required, we will prepare a budget augment to cover the
actual level of effort. FCS will provide copies of the Final EIR to the City of Dublin,which will be responsible for
local distribution, noticing, and posting. FCS will send copies of the Final EIR directly to state agencies that
commented on the Draft EIR. Finally, FCS will prepare and mail the Notice of Availability to the local agencies
and interested parties on the City-provided mailing list.
Schedule:Week 35
Cost$4,500
Support City comments on Screencheck Final EIR; City distribution of Final EIR(local);City-provided mailing list
for Notice of Availability distribution
Task 10: Notice of Determination
FCS will prepare the Notice of Determination and provide it to City staff for filing with the Alameda County
Clerk's Office within 5 business days of EIR certification. As indicated in this scope of work, City staff will be
responsible for filing the Notice of Determination and paying the associated filing fees.
Schedule:Within 5 days of project approval
Cost$500
Support City/applicant filing of Notice of Determination with the Alameda County Clerk's Office
Task 11: Meetings
FCS will meet by phone with City staff during the EIR preparation process to discuss and resolve problems,
develop strategies, and participate in communications. This proposal and its associated budget cover
attendance by FCS's Project Manager at six(6)meetings in Dublin outlined as follows:
• Kick-Off Meeting/Site Visit
• Scoping Meeting
• Two(2) Meetings With City Staff to Discuss Administrative Draft EIR and Administrative Final EIR
• Planning Commission Meeting
• City Council Meeting.
A not-to-exceed budget has been established to cover meeting attendance. If City staff requests additional
meeting attendance by FCS staff, or if the amount of time involved in these meetings exceeds the initial budget
allocation, FCS will notify City staff of the additional costs and obtain authorization for the extra meeting time.
Schedule:To Be Determined Based on Project Milestones
Cost$6,000 f
Support None
i
Task 12: Project Management
f
Ensuring the successful completion of the CEQA process within the schedule provided in the RFP (October
2015) requires ongoing focus and diligence of the Project Manager. In addition to the research, analysis,
communications, and report writing tasks described above, FCS will perform a variety of project management
duties to ensure that the EIR meets the City's standards of quality, and that it is delivered on time and within
budget. These duties will include team supervision and coordination, oral and written communications with
City staff, project accounting, and quality assurance review by FCS' Project Director and Technical Editor of all
deliverable products. These services also will include ongoing support to City staff, such as providing input to
staff reports, regular schedule updates, and discussions of technical issues. This task assumes 80 hours of
staff time.
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Schedule:Ongoing
Cost$12,000
Support None
Direct Costs
Direct costs cover an array of activities including printing costs for the Draft and Final EIR,travel costs for
technical staff to perform field visits for analysis of cultural resources, biological resources, noise
measurements,and photographs of the site and surroundings for the project description. Direct costs also
cover travel costs for meetings at the city offices, including team meetings,the scoping meeting,and public
hearings.
Tasks Outside of Scope of Work
Below are tasks FCS has identified as being outside of its scope of work for the proposed project.
Newspaper Noticing
FCS assumes that City staff will prepare and coordinate publication of any newspaper notices associated with
the EIR.
Mitigation Monitoring and Reporting Program
FCS assumes that the City will prepare the Mitigation Monitoring and Reporting Program inclusive of mitigation
from the project's EIR.
Findings of Fact
FCS assumes that the City's legal counsel will prepare the Findings of Fact to allow for certification of the EIR.
FCS legal staff is available to draft the Findings of Fact, if directed by the City.
•
Statement of Overriding Considerations
If the EIR identifies one or more significant unavoidable impacts, CEQA Guidelines Section 15093 requires the
lead agency to adopt a Statement of Overriding Considerations outlining the economic, legal, social,
technological or other benefits of the project that outweigh its environmental consequences if the decision
makers elect to proceed with approval. As such, FCS assumes that the City's legal counsel will prepare the
Statement of Overriding Considerations. FCS legal staff is available to draft the Statement of Overriding
Considerations, if required and if directed by the City.
Notice of Determination Filing/Payment of Fees
is
FCS assumes that City staff will file the Notice of Determination with the Alameda County Clerk's Office within
five(5)business days of adoption of the EIR. The purpose of the Notice of Determination filing is to limit the
legal challenge period to 30 days. If a Notice of Determination is not filed within 5 business days of
certification,the legal challenge period defaults to 180 days.
The Notice of Determination filing requires payment of the California Department of Fish and Wildlife CEQA
filing fee(currently$3,029.75)and a County handling fee(currently$50.00). This scope of work assumes that
the City will be responsible for paying these fees.
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Project Schedule
Consistent with the schedule objectives, FCS proposes the following timetable for this project. Note that key
milestones are highlighted.
Task Week(Week of)
Project Initiation/ Begin Peer Review and Technical Studies | 1(December 15 2014)
Submit draft Notice of Preparation to City 2(December 22, 2014)
Receive City comments on Notice of Preparation 4(January 5, 2015)
Release Notice of Preparation; Begin 30-day review period 5(January 12, 2015)
Complete traffic counts 5(January 12,2015)
Complete Peer Reviews 6(January 19,2015)
Scoping Meeting 6(January 19, 2015)
End 30-day review period 9 (February 9, 2015)
Complete Technical Studies(including traffic) 14(March 16, 2015)
Submit Administrative Draft Environmental Impact Report to 18(Apri113,2015)
City
Receive City staff comments on Administrative Draft EIR 21(May 4, 2015)
Submit Screencheck Draft EIR to City 23(May 18, 2015)
Receive City staff comments on Screencheck Draft EIR 24(May 25,2015)
Release Draft EIR for public review; Begin 45-day review period 25(June 1,2015)
End 45-day review period 31(July 13,2015)
Submit Administrative Final EIR 35(August 10, 2015)
Receive City staff comments on Administrative Final EIR 37 (August 24,2015)
Submit Screencheck Final EIR to City 38(August 31, 2015)
Receive City staff comments on Screencheck Final EIR 39(September 4,2015)
Submit Final EIR and Mitigation Monitoring and Reporting 40(September 7,2015)
, Program to City
Planning Commission/City Council Meetings September/October 2015
Within 5 business days of
Notice of Determination
, project approval
The assumptions used in determining the project schedule are:
1. All plans and applicant-prepared technical studies are made available upon notice to proceed.
2. The transportation analysis, including the need for any additional counts, can be completed by March
16, 2015.
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3. The city will provide one set of consolidated comments on the administrative and screencheck DEIR
and FEIR.
Personnel, Equipment and Facilities
FirstCarbon Solutions will serve as the primary consultant,with Fehr&Peers, Environmental Vision,and
Balance Hydrologics, Inc. as sub-consultants. Personnel associated with each firm are described as follows.
FirstCarbon Solutions
FCS will oversee the preparation of the Draft and Final EIR for the Kaiser Dublin Medical Center.
Mary Bean, our Project Director/ Project Manager will provide project oversight and direction for the project
team,and will be the primary point of contact for the City. Ms. Bean will be responsible for quality assurance of
work products, and monitoring of budgets and schedule to ensure that the EIR is delivered according to the
contract. Her billing rate is currently $240 and her time would account for approximately 5 percent of FCS
professional labor fees.
Janna Waligorski will serve as the assistant project manager, working closely with Ms. Bean and with the City
on day-to-day issues, and will coordinate the FCS team and subconsultants, as well as the overall document
production. Ms. Waligorski's billing rate is currently $140 and her time would account for approximately 21
percent of FCS professional labor fees.
Grant Gruber, with a billing rate of $150, will serve as lead CEQA preparer, responsible for drafting EIR
sections, coordinating graphics, and internal coordination with staff. Mr. Gruber's involvement in the project
would account for approximately 28 percent of FCS labor fees. Dave Mitchell will be the air quality lead (billing
rate of $120; 8 percent of FCS labor fees); Jeannette Owen will be the biological lead (billing rate $180; 2
percent of FCS labor fees); Carrie Wills will be the cultural lead (billing rate $135; 2 percent of FCS labor fees);
and Phil Ault our noise quality lead (billing rate $140; 4 percent of FCS labor fees). These latter four team
members will be responsible for preparing their respective technical studies.
Full resumes of our proposed project team and subconsultants can be found in Appendix A.
Fehr& Peers
Fehr&Peers will prepare the Transportation Impact Analysis for the Kaiser Dublin Medical Center.
Fehr & Peers specializes in providing transportation planning and engineering services to public and private
sector clients. We emphasize the development of creative, cost-effective, and results-oriented solutions to
planning and design problems associated with all modes of transportation.
Specialized Services
Rather than trying to offer a multi-disciplined approach, Fehr&Peers chooses to focus on being the best traffic
engineering and transportation planning consulting firm. Fehr & Peers offer specialized expertise within
transportation including:
• Bicycle&Pedestrian
• Freight&Goods Movement
• Land Use&Transportation
• Sustainable Transportation
• Multimodal Operations&Simulation
• Transit Planning
• Transportation Engineering
• Travel Behavior& Forecasting
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Maintaining this singular focus on transportation enables Fehr & Peers to provide state-of-the-practice
expertise to their clients. Fehr & Peers is a nationally-recognized organization in these areas as evidenced by
the fact that they routinely publish many professional papers, serve on national committees, and teach
courses to others in the industry.
Environmental Vision
Environmental Vision provides specialized planning and design consulting services which address the
aesthetics and public perception of environmentally sensitive projects. Environmental Vision prepared the
visual simulations for the Kaiser Hospital Master plan in Oakland.
The firm approaches each project assignment with an underlying philosophy that recognizes the uniqueness of
places, environmental settings, communities and client needs. The firm has extensive experience in preparing
visual studies for a variety of projects located within sensitive and scenic viewsheds. The firm's in-depth CEQA
and NEPA expertise is complemented by considerable experience with visual and urban design studies for a
variety of complex and controversial urban developments and public infrastructure improvements.
Environmental Vision technical capabilities are enhanced by advanced computer applications including high-
resolution visual simulation, three-dimensional and viewshed modeling, Geographic Information Systems(GIS),
animation, and graphics. The Environmental Vision computer simulation capability is unique in several
respects. Most importantly the firm's technical approach embodies a depth of professional expertise in
planning, design, and visual analysis. Environmental Vision computer images reflect a high level of accuracy
and realism based on specialized techniques in site analysis, photo documentation, computer modeling, and
computer rendering.
Founded in 1993 and located in Berkeley, Environmental Vision is a certified Small and Women Business
Enterprise with a strong track record in providing responsive, cost-effective professional services to public and
private sector clients including cities and counties, transportation and resource agencies, hospitals, school
districts, utility companies,and architects, engineering and environmental firms.
Balance Hydrologics
Balance Hydrologics, Inc.will prepare the Water Supply Assessment for the Kaiser Dublin Medical Center.
Firm Profile
Founded in 1988, Balance Hydrologics, Inc. (Balance) is a full-service water resources hydrology and
engineering firm with extensive experience assisting clients from governmental, non-profit and private sectors
to address diverse water resources issues. Members of the Balance staff address a diverse array of water
resources issues in both natural and built environments. Our firm consists of over 25 highly-qualified
professionals with particular expertise in:
• Geomorphology • CEQA and NEPA Support
• Restoration Planning, Design and Monitoring • Watershed Management
• Hydraulic and Hydrologic Analyses • Wetlands
• Sediment Transport and Stream Gaging • Floodplain Management(CLOMR/LOMR)
• Soil Assessment and Analysis • Stormwater&Water Quality Management
Goal
One of Balance's principal goals is providing planners, engineers, biologists, and land managers with rigorous
analyses quantifying significant watershed processes. The firm's emphasis is on intensive field study coupled
with application of cutting-edge modeling platforms, generally structured to meet the specific needs of the
habitat or watershed manager. Most investigations are designed to measure,simulate and plan to control the
effects of specific land uses on aquatic, riparian, or estuarine habitat conditions. Many projects involve
measuring or simulating variations in stream flow, sediment transport,water quality and temperature, hillslope
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4 . Proposal
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and channel stability, scour and fill, or the exchange of water and salts between streams and adjacent alluvial
sediment aquifers, or in tidal systems. Other investigations are based on geologic, geomorphic, or soils
mapping, supplemented by comprehensive aerial-photography interpretation and image analysis. Balance's
projects cover the full spectrum of services,from studies to establish baseline hydrologic, hydraulic, geologic,
and water quality conditions to developing mitigation or restoration designs, providing construction-phase
support,and post-project monitoring.
Expertise
Within a broader context,the Balance staff has particular Environmental Planning, Documentation and
Remediation expertise related to:
• Water Quality Assessment • Floodplain Management
• Groundwater,Surface Water and Recharge • River Corridor Impacts Assessment
• Wetland and River Restoration • Watershed Management
Planning& Design • Cumulative Impacts Analysis
• Environmental Documentation Technical
Support
Professional Registrations
The Balance staff consists of experienced professionals registered in California and a number of other western
states in several disciplines, including:
• Certified Engineering Geologist(CEG) • Certified Hydrogeologist(CHG)
• Registered Professional Civil Engineer(PE) • Certified Professional in Storm Water Quality
• Registered Professional Geologist(PG) • Certified Floodplain Manager (CFM)
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Qualifications and References
Project Team Qualifications
FirstCarbon Solutions (FCS) was founded in 1982 as Michael Brandman Associates (MBA). MBA was
organized as a California Corporation and provided thousands of public agencies and private development
clients with environmental and natural resource management services. MBA's disciplinary specialties included
environmental planning, regulatory compliance, natural resource management, cultural resources
management, restoration planning and monitoring, air quality and climate change, water resource
management, and sustainability services. In 2012, ADEC Group acquired MBA and merged it within a
subsidiary, FCS, whose name was adopted. FCS offers the same services MBA previously provided and
expanded the sustainability services offerings to include greenhouse gas emissions reporting and energy
management reporting. FCS is headquartered in Irvine, with offices in Fresno, Los Angeles, Sacramento, San
Bernardino,San Jose,and Walnut Creek. As of November 2014, FCS has 84 employees.
FCS has completed environmental and planning documents for over 6,000 projects, many of which involved
complex and controversial issues. FCS has prepared a full range of CEQA/NEPA planning documents for a
variety of projects including mixed-use retail, industrial, commercial, golf courses, residential subdivisions,
planned communities, transportation facilities, schools, landfills, dams, reservoirs, correctional facilities, and
waste treatment facilities. Additionally, FCS provides regulatory compliance, natural resource management,
cultural resources management, restoration planting and maintenance, air quality, and water resources
management services.
Completed Medical Center and Health Care Facility Projects
John Muir Medical Center,City of Concord
This project entailed the preparation of the EIR for the seismic upgrade and expansion of the John Muir
Medical Center campus, including a new hospital tower to house the Cardiology Center of Excellence, and
phased development of three (3) additional campus locations. The project was undertaken in part to meet
state-mandated seismic safety standards of Senate Bill 1953. Critical issues included traffic impacts, loss of
Heritage trees, demolition of several structures that potentially qualified as historic resources, and noise from
proposed helicopter service. Ms. Mary Bean advised the city and applicant on approaches to complete work
on an accelerated, aggressive schedule to better ensure that related projects (including certain demolitions)
could proceed during the environmental review.
Reference
Catherine Kutseris
Former Chair of the Building Committee for John Muir Health
Former Chair of the John Muir Health Board of Directors
Former Director, Department of Conservation and Development, Contra Costa County
ckutsuris5 @gmail.com
Phone: 925-584-9686
East Pleasanton Specific Plan EIR,City of Pleasanton
)
FCS prepared an EIR for the East Pleasanton Specific Plan in the City of Pleasanton. The Specific Plan
encompasses approximately 1,100 acres located east of Valley Avenue and Busch Road and north of Stanley
Boulevard that supports quarry lakes, public facilities, and undeveloped land. The Specific Plan will guide the
development of residential (1,759 dwelling units), commercial, industrial, and parks/recreation uses (45
acres)within this area, as well as an extension of El Charro Road south to connect with Stanley Boulevard. The
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FirstCarbon
UlION
project is ongoing. Ms. Mary Bean is serving as Project Director and Ms.Janna Waligorski is serving as Project
Manager for this project. The Draft EIR will be released in early 2015.
Reference
Brian Dolan, Director of Community Development
City of Pleasanton
Planning Division
200 Old Bernal Avenue
Pleasanton, CA 94566
Phone: (925)931-5600
Warm Springs/South Fremont Community Plan EIR
The City of Fremont is reinventing an 850-acre industrial area to create the next generation Bay Area economic
expansion. The redevelopment area surrounds the TESLA factory and will include high-tech and industrial jobs
in a transit-oriented work zone centered around the new Warm Springs BART station. Because of the proximity
to transit services,the plan includes up to 4,000 residential uses as well as a school. FCS provided technical
information related to the constraints in the Plan Area, including air and noise impacts from existing 1-880 and
1-680,as well as the Union Pacific rail line. FCS also prepared a programmatic EIR to evaluate the specific plan
and facilitate the transitional development that is envisioned. The EIR included analysis of all potential effects
of the community plan and the more than 11 million square feet of Research and Development uses,focusing
in particular on the topics of transportation and traffic, hazardous materials, air quality, and noise. Because
the plan will consider residential uses as well as schools, the EIR must carefully evaluate ways to avoid or
reduce potential impacts through thoughtful planning of this highly constrained site. The EIR was certified in
{ 2014.
Reference
Nancy Hutar, Project Manager for City of Fremont
nhutar @gmail.com
650-224-6833
California State Prison-Solano,Health Care Facility Improvement Project,City of Vacaville
FCS prepared an IS/MND for the expansion and renovation of inmate health care facilities at the California
Men's Facility and California State Prison Solano in Vacaville, California (the two prisons are adjacent to each
other). The purpose of the project was to bring the California Department of Corrections and Rehabilitation
into compliance with Coleman vs. Schwarzenegger court order by providing adequate access to medical
facilities. The California Men's Facility Project involved construction of a new primary care clinic, emergency
room, and medication distribution room totaling approximately 9,900 square feet of new building space, as
well as interior renovations. The California State Prison Solano Project involved construction of a new facility
care clinic, and four (4) medication distribution rooms totaling approximately 17,000 square feet of new
building space as well as interior renovations. Specific constraints with the project included the State of
California sovereignty from local land use policies, construction staging constraints, and a court order
construction timeline. The IS/MND was certified in 2013.
Reference
Nancy MacKenzie, Environmental Planner
California Department of Corrections and Rehabilitation
9838 Old Placerville Road,Suite B
Sacramento,CA 95827
Phone: (916)255-2159
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Conflict of Interest Statement
No current FCS employees; or employees of Fehr & Peers, Balance Hydrologics, or Environmental Vision has
been employed by Kaiser Hospital Foundation or Kaiser Permanente.
Fehr & Peers has previously contracted directly with Kaiser Permanente to prepare studies, most recently in
2014 to prepare preliminary traffic analyses for the Dublin site to assist in the refinement of the proposed
circulation and application package. The City has confirmed that this work does not present a conflict of
interest as the work is complete, and Fehr& Peers is no longer under contract with Kaiser.
kl 1)0i1SOiiltioils.00 f'1 27
Proposal
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Cost Schedule
Below is a "not-to-exceed"cost summary based on the scope of work described previously.
Task
Cost
Task 1: Project Initiation $4,000
Task 2: Notice of Preparation/Scoping Meeting $5,000
Task 3: Peer Review Subtask 3A: Geotechnical Study(Peer Review) $1,500
'
and Technical Studies
Subtask 3B: Phase 1/2 Environmental Site Assessments
(Peer Review) $1,500
Subtask 3C: Visual Simulations $7,000
Subtask 3D:Air Quality/Greenhouse Gas Emissions
Analysis $17,000
Subtask 3E: Biological Resources Analysis $5,500
Subtask 3F: Cultural Resources Analysis $5,000
Subtask 3G: Noise Analysis $8,000
Subtask 3H:Transportation Impact Study(Fehr&Peers) $188,575
Subtask 31:Water Supply Assessment(Balance
Hydrologics) $18,589
, Task 4:Administrative Draft Environmental Impact Report $55,000
Task 5:Screencheck Draft EIR $17,500
Task 6: Draft EIR $8,000
Task 7:Administrative Final EIR $20,000
Task 8:Screencheck Final EIR $8,000 •
Task 9: Final EIR $4,500
Task 10: Notice of Determination $500
Task 11:Team Meetings/Public Hearings $6,000
Task 12: Project Management $12,000
Total Professional Labor $393,164
Direct Costs $10,000
Total Project Budget
Total Project Fees $443,480
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FirstCa rbo n Proposal
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The assumptions used in calculating the fees are:
• The price is valid for up to 60 days from the date of this scope, after which it may be subject to
revision.
• This price is based on completion of the work within the above outlined time frames. If
substantial delays occur through no fault of FCS, an amendment of the price may be warranted to
accommodate additional project management and other costs, and to reflect adjustments for
updated billing rates.
• Costs have been allocated to tasks based on FCS' proposed approach. During the work, FCS may
re-allocate costs among tasks as circumstances warrant, so long as the adjustments maintain the
total price within the authorized amount.
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Proposal
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Statement of Offer
Per the RFP,this proposal is valid for the next 60 days or until January 7, 2014. This proposal has a total not-
to-exceed price of $443,480, excluding the optional tasks. We have reviewed the City's Standard Consulting
Services Agreement and have no objections to its terms and provisions. Ms. Mary Bean, as Vice President and
Director is authorized to bind the company with this type of proposal.
Comments on City Standard Consulting Services Agreement
FCS has reviewed the City's Standard Consulting Services Agreement and has no objections to its terms and
provisions.
1
is
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