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HomeMy WebLinkAboutItem 7.2 Amend Various Agreements E Dublin GP AGENDA STATEMENT CITY COUNCIL MEETING DATE : July 23, 1990 SUBJECT: Amendment to Various Agreements affecting the East Dublin General Plan/Specific Plan Studies REPORT PREPARED BY: Brenda A. Gillarde, Project Coordinator ATTACHMENTS : A. Summary of East Dublin Costs B. Proposed Resolution approving the Third Amendment to Agreement between the City and WRT for consultant services C. Proposed Resolution approving Amendments between the City and the sponsoring property owners D. Proposed Resolution approving the First Amendment between the City and the County of Alameda RECOMMENDATIONS : 1 . Review agreements 2 . Adopt resolutions FINANCIAL STATEMENT: Consistent with previous City Council policy all costs are proposed to be paid by property owners . DESCRIPTION: I . BACKGROUND The original contract between Wallace Roberts & Todd (WRT) was signed in August 1988 . This firm was selected through a process involving both City Staff and the sponsoring property owners . Since that time, two amendments for additional services have been approved and monies submitted by the sponsoring property owners . The cost of these amendments were paid for by a portion of the sponsoring property owners . Paragraph III of the original contract requires the City and Consultant to renegotiate the agreement in the event the project extends beyond twenty-four months . The project will not be completed by August 1990 ; therefore an amendment to the agreement is necessary. The City and the Consultant have held several meetings to discuss progress to date and ways to facilitate the timely completion of the East Dublin studies . The outcome of those discussions was the reconfiguration of the consultant team. A new project manager has been assigned - Barbara Maloney. Ms . Maloney is one of the principals at WRT and director of the San Francisco office . An assistant project --------------------------------------------------------------------- ITEM NO. cc : Planning/East Dublin Files Agenda Files manager and two additional land planners have also been assigned to the East Dublin project. They will assist in refining the land use concept, developing the specific plan guidelines and standards and . preparing the EIR. The proposed amendment is comprehensive and covers the remaining work to be done. Staff is confident that under this new configuration the project will proceed much more expeditiously and result in a product that meets both City and developer interests . II . ISSUES The existing agreements between the City and WRT do not provide sufficient monies to complete the East Dublin studies . To complete the study, an additional $220, 868 is needed. This amount consists of $129 , 739 in additional costs associated with the proposed WRT Amended Agreement and $91, 129 in City Staff costs . The additional monies requested will cover the following: a) Management of the project by a principal of WRT b) The addition of an assistant project manager C) The addition of one senior and one junior level land planners d) Additional EIR analysis as required by recent legislation e) Cost adjustment due to WRT rate increases as provided for in the original 1988 agreement . f) Additional staff time needed to manage/coordinate the project A breakdown of the costs is shown in Attachment A. The additional costs to complete the study will be shared by the sponsoring property owners . Some of the sponsoring property owners may not participate in the costs for all of the additional work required. Attachment A indicates which did and did not participate in the first and second amendments to the agreement. It is assumed the same owners who participated in previous amendments will continue to support the various aspects of the East Dublin study. If this does not occur, the allocation of costs by property owner will need to be adjusted. However, the total amount of the project cost will not change. In accordance with City Council direction, the City previously contributed $50 , 000 to cover staff costs . Once this fund was exhausted, the staff cost was to be recovered from the sponsoring property owners . The fund is now exhausted and is estimated that $91 , 129 will be required to complete the studies . The amount 'is considered adequate to cover City Staff costs including maintaining contract planner, Brenda Gillarde, as project coordinator for the East Dublin studies . III . CONCLUSIONS It is recommended that the City Council review the agreements and adopt the resolutions . -2- } I EAST DUBLIN STUDIES SUMMARY OF PROPERTY OWNER COSTS JULY 1990 EXPANDED SERVICES SPONSOR PAID TO DATE GENERAL PLAN SPECIFIC PLAN TOTAL TOTAL SPONSOR ADDITIONAL SPONSOR ADDITIONAL ADDITIONAL CONTRACT COST COST COST COST COSTS COST* Alameda County $135,998 $11,804 $10,326 $35,248 $6,159 $63,537 $199,535 Crosby $16,494 $2,297 $2,009 -0- -0- $4,306 $20,800 Doolan East $78,150 $10,878 $9,516 -0- -0- $20,394 $98,544 Doolan West $27,321 $3,803 $3,327 -0- -0- $7,130 $34,451 Fallon $26,501 $1,901 $1,663 $5,678 $992 $10,234 $36,735 C. SuOLin $158,605 $11,384 $9,959 $33,995 $5,940 $61,278 $219,883 Mission Peak $11,695 $840 $734 $2,507 $438 $4,519 $16,214 Pappas $27,355 $1,963 $1,717 $5,862 $1,024 $10,566 $37,921 Redgwick $27,522 $1,976 $1,728 $5,899 $1,031 $10,634 $38,156 TMI $23,398 $1,679 $1,469 $5,014 $876 $9,038 $32,436 Anderson $7,206 -0- -0- $1,807 $316 $2,123 $9,329 Branaugh $5,883 -0- -0- $1,475 $258 $1,733 $7,616 P. Lin $45,001 -0- -0- $11,282 $1,971 $13,253 $58,254 Righetti $7,206 -0- -0- $1,807 $316 $2,123 $9,329 TOTAL $598,335 $48,525 $42,448 $110,574 $19,321 $220,868 $819,203 includes $2,463 in additional costs previously incurred by WRT and $91,129 estimated staff processing costs Note: The columns identified as "Plan Additional Costs" reflect the distribution of costs associated with anticipated non-participant property. The actual cost for each property owner will depend on the number of participants. A qp a am MONT am AA T I sm-ICHML RESOLUTION NO. - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ A RESOLUTION APPROVING THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND WALLACE ROBERTS & TODD, CONSULTANTS WHEREAS, the City Manager has presented an Agreement entitled "THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT" ; and WHEREAS, said amendment is attached hereto, marked as Exhibit A, and by reference is considered part of this resolution; and WHEREAS, the City Council is familiar with the provisions of said Agreement. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve said Amendment to the Agreement and authorizes the City Manager to execute said Agreement (Exhibit A) . PASSED, APPROVED AND ADOPTED this 23rd day of July, 1990. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk AHACHmLNT 3 THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT WHEREAS, the City of Dublin ("The City") and WALLACE ROBERTS & TODD ("The Consultant") are parties to an agreement entitled "AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, dated August 5, 1988 , which agreement was amended by the FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, (the "Agreement") and the SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, dated January 15, 1990; and WHEREAS, paragraph III of the Agreement requires that The Consultant and The City renegotiate the agreement in the event the agreement is to be extended beyond twenty-four months; and WHEREAS, The Consultant has not completed and will not complete the Scope of Work within twenty-four months of the date of the Agreement, and WHEREAS, The City and The Consultant desire to amend the AGREEMENT to provide for a revised Scope of Work, agreement as to payment for services rendered under the Agreement to date, agreement as to compensation for the revised Scope of Work and other matters. NOW, THEREFORE, The City and The Consultant agree to amend the AGREEMENT as follows: 1. Paragraph I is amended to read as follows: "DEFINITIONS. As used in this Agreement, the following definitions shall be applicable: A. City. The City shall mean the City of Dublin, 100 Civic Plaza, Dublin, California 94568 . B. Consultant. The Consultant shall mean the firm of Wallace Roberts & Todd, 121 Second Street, 7th Floor, San Francisco, California 94105. C. City Council. The City Council shall mean the City of Dublin City Council. D. City Planning Commission. The City Planning Commission shall mean the City of Dublin Planning Commission. EXHIBIT E. Services. Services shall mean the services to be performed by The Consultant pursuant to this Agreement. F. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of the City of Dublin and City Council of the City of Dublin. " 2 . Paragraph II is amended to read as follows: "Scope of Work. A. The Consultant shall provide The City with the Scope of Work for the GPA, SP and EIR as described in Exhibits 1, 2 and 3 attached hereto, with work to commence by June 27, 1990. The Scope of Work in Exhibits 1, 2 , 3 and 4 replaces the Scope of Work previously described in Exhibits A, A-1, A-2 and B. B. The Consultant agrees to travel to The City for the following purposes: field reconnaissance, meetings with the City Staff, and meetings with and hearings before the Planning Commission and City Council. The Consultant shall conduct such meetings with Staff, citizen and development interests and City Officials in accordance with the meetings schedule set forth in Exhibits 1, 2 , 3 and 4 . The Consultant shall be available to conduct any additional meetings that The Consultant and The City Manager deem necessary and desirable. Such additional meetings shall be at "additional services" under paragraph IV. Any additional public meetings outside of those identified in Exhibits 1, 2 , 3 and 4 will require negotiation. Any continuance of a scheduled public hearing will be done as part of the Scope of Work at no additional cost to The City. The Consultant, however, shall not be obligated to make trips or attend meetings that would compromise The Consultant' s ability to carry out the Scope of Work described in Exhibits 1, 2, 3 and 4 . C. The Consultant warrants and agrees that the professional services to be furnished by it under this Agreement shall be performed by, or under the direction of the following persons: Barbara Maloney, Partner-In-Charge, Project Manager Steve Hammond, Assistant Project Manager Environmental Planner; John Scibbe, Senior Urban Planner; Diane Ochi, Urban Planner. No changes to the project team identified in the previous paragraph shall be made without prior written approval from the City. In addition, if any one of these persons is not performing the professional services, either directly or by directing the performance of others, The Consultant shall notify 2 - The City in writing within three (3) days. The Consultant and The City agree that such an occurrence shall constitute cause for termination of this agreement under paragraph XII. D. The Consultant and The City agree that The Consultant will contract with certain sub-consultants to perform certain portions of the Scope of Work. The Consultant shall administer said contracts and be responsible for the performance of the sub-consultants. The following sub-consultants may be employed by The Consultant. 1. Economics Research Associates will prepare a fiscal analysis for the project. This work shall be performed under the direction of Steven E. Spickard. 2 . DKS Associates will prepare the transportation study for the project. This work shall be performed under the direction of Ransford J. McCourt. 3 . Harlan Tait Consultatns will prepare an assessment of geologic and soils conditions within the project boundaries. This work shall be performed under the direction of Robert Wright. 4 . Kennedy/Jenks/Chilton Engineers will prepare a hydrology, utilities and sewer capacity study in the project area. This work shall be performed under the direction of Don Bentley. 5. BioSystems Analysis, Inc. , will prepare a survey of biotic resources in the project area. This work will be performed under the direction of John Garcia. 6. Holman & Associates will prepare a survey of archaeological and historical resources in the project area. This work will be performed under the direction of Miley P. Holman. 7 . Hans Giroux will prepare an air quality assessment for the project area. This work will be performed under the direction of Hans Giroux. 8 . Charles M. Salter Associates, Inc. , will prepare a noise analysis for the project area. This work will be performed under the direction of Alan T. Rosen. E. The Consultant shall not hire any other sub- consultants unless prior written authorization is received from The City. " - 3 - 3 . Paragraph III is amended to read as follows: "PAYMENT FOR SERVICES. Payment for services set forth in Exhibits A, A-1, A-2 , B and in Exhibits 1, 2, 3 and 4 shall be on a time and materials basis and shall not exceed a total amount of Seven Hundred Twenty Five Thousand Six Hundred Ten Dollars ($725, 610) . At the end of each calendar month during the term of this Agreement, The Consultant shall submit an invoice detailing the hours of work recorded and the expenses incurred in the performance of this Agreement. A progress report shall accompany each invoice, detailing each task worked on, percent complete and amount spent. Payment for services rendered by the The Consultant shall be in accordance with the Schedule of Standard Hourly Rates attached hereto as Exhibit 5. The Consultant' s hourly billing rates in effect as of the original date of this Agreement and as adjusted in January 1989, and as further adjusted in January 1990, will be applicable to any additional services outside of the Scope of Work required in this contract. Extension of this Agreement beyond December 31, 1991 will be subject to contract renegotiation. Retention schedule/amounts are as follows: The City shall retain ten percent (10%) of each payment. After completion of the land use concepts report (dated April, 1990) , the full amount retained will be released, subject to the City' s approval. After completion of the Preliminary Draft General Plan Amendment Study, the full amount retained will be released, subject to The City' s approval. (Phase II, Task 1) . The City will continue to retain ten percent (10%) of each payment for the remaining work. - After completion of the Draft General Plan Amendment Study, Draft Specific Plan and Draft Environmental Impact Report, the full amount retained will be released subject to The City' s approval. (Phase II, Task 9) . - The City will continue to retain ten percent (10%) of each payment for the remaining work. After the adoption of the General Plan Amendment and Specific Plan and the Certification of the Final EIR, the remainder of the retention will be released, subject to The City' s approval. (Phase III, Task 6) . r - 4 - L�r� - The City shall forward the retained payment within twenty (20) days of the completion of the consultant work and final acceptance by The City, with the exception of the first retention (related to the Land Use Concepts report) . This retention will be released upon signage of this Agreement and receipt of an invoice from the Consultant detailing the work billed for. Except for the 10% retention specified above, within twenty (20) days of receipt of each invoice, The City shall forward payment to The Consultant for all items on the invoice that are not in dispute and The City the The Consultant will proceed to negotiate and arbitrate, if necessary, any disputed items as specified elsewhere in this Agreement. " 4 . Paragraph IV is amended to read as follows: "ADDITIONAL SERVICES. Should The City request in writing additional services that increase the Scope of Work as described in Exhibits 1, 2 , 3 and 4 an additional fee shall be paid to The Consultant for any such additional services based upon The Consultant' s standard hourly rates and/or at direct cost in the case of reimbursable expenses. Should the City recognize the need for any additional specialized services, The Consultant may be asked to advise The City or, in the case of authorized subcontracts to The Consultant, at subcontractor's standard hourly rates. " 5. Paragraph XI is amended to read as follows: "TIME FOR PERFORMANCE. The Consultant shall complete all phases of the services required by this Agreement in accordance with the work schedule set forth in Exhibit 2 . The City and The Consultant may agree in writing to an extension of the time for performance. Time is of the essence in this Agreement. " 6. Paragraph XIII is amended to read as follows: "The City may terminate this Agreement by giving written notice to The Consultant of such termination, specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, in which event The City shall compensate The Consultant for all outstanding work performed as of the date of termination. Within five (5) working days after such termination, The Consultant shall submit a final notice to The City for all outstanding work performed through the date of termination and The City shall pay such amount in full within twenty (20) days of receipt, excepting any items that are in dispute. The Consultant may terminate this Agreement in identical fashion as described for The City. In the event of termination hereunder, all finished or unfinished documents, 5 - data, studies, surveys, drawings, maps, models, photogrtaphs and reports or other material prepared by The Consultant in performance of this Agreement shall, at the option of The City, become the property of The City. " 7 . Paragraph XVI is amended to read as follows: "INSURANCE REQUIREMENTS. The Consultant shall, at its own cost, procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from the performance of the work hereunder by the consultant and its representatives and employees. Consultant shall require all subcontractors or others who work on the project that are not employees to maintain the required insurance. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 Ed. 11-88) . 2 . Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 "any auto" . 3 . Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. The Consultant shall maintain limits no less than: 1. General Liability: $1, 000, 000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2 . Automobile Liability: $1, 000, 000 combined single limit per accident for bodily injury and property damage. 6 - 3 . Workers ' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1, 000, 000 per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. It is understood that Consultant has a $75, 000 deductible on the professional liability policy. There are no other deductibles. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage. a. The City, its officers, officials and employees are to be covered as additional insureds as respects: liability arising out of activities performed by The Consultant; premises owned, occupied or used by The Consultant, and for automobiles owned, leased, hired or borrowed by The Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to The City, its officers, officials, employees. b. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to The City, its officers, officials, employees or volunteers. C. Except with respect to the limits of insurance, and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies: i. as if each named insured were the only named insured; ii. separately to each insured against whom claim is made or suit is brought. 7 - 8 . Paragraph XVIII is amended to read as follows: "HOLD HARMLESS AND RESPONSIBILITY OF THE CONSULTANTS. " The Consultant shall take responsibility for the work, shall bear losses and damages directly resulting to him, to any subcontractor, to The City, to City officers and employees, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicted on active or passive negligence of The Consultant or of any subcontractor. The Consultant shall indemnify, defend and hold harmless The City, its officers, oficials, directors and employees from and against any or all loss, liability, expense, claim, costs (including costs of defense) , suits, and damages of every kind, nature and description directly arising from The Consultant' s negligent performance of the work. This paragraph shall not be construed to exempt The City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement The Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve The Consultant or subcontractors from liability under this paragraph. " 9 . Paragraph XXII is amended to read as follows: "NOTICE. Wherever notice is required to be given under the terms of this Agreement, it shall be in writing and shall be effective the day it is mailed, properly addressed to the party to receive such notice. Notice delivered other than by mail shall be effective when received. When notice is to be given to The City, unless otherwise provided, such notice shall be addressed to: CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 Notice to The Consultant, unless otherwise provided, shall be addressed to: Barbara Maloney, Project Manager WALLACE ROBERTS & TODD 121 Second Street, 7th Floor San Francisco, CA 94105" 10. The Consultant and The City agree that, as of the date of this Third Amendment, The Consultant has been paid for services rendered under the Agreement, as previously amended. 8 - The parties further agree that The Consultant is due an additional amount of $2 , 463 . 00 for services rendered for the Scope of Work as described in Exhibits A, A-1, A-2 and B, through and including the date hereof and The City agrees to pay The Consultant such amount within twenty (20) days of execution of this Amendment. The Consultant specifically and knowingly waives any claim to any additional compensation of any kind whatsoever, other than $2 , 463 . 00, for any services rendered for the work described in the Scope of Work, Exhibits A, A-1, A-2 and B, as of the date hereof, and releases The City from any claim, demand, action and cause of action, known or unknown, for any monetary damages arising out of or which might in any way be considered to be connected with this Agreement, as amended, as of the date hereof. In so agreeing, The Consultant assumes the risk of unknown claims, as well as those that are known and The Consultant waives all rights under California Civil Code Section 1542 which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " Except as expressly set forth herein, the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have .caused this Third Amendment to the AGREEMENT to be executed the day and year first written below. WALLACE ROBERTS & TODD THE CITY OF DUBLIN (a Municipal corporation) By: By: Richard C. Ambrose, City Manager Date: Date: 9 - Scope of Work East Dublin General Plan Amendment Study, Specific Plan Study and Environmental Impact Report PHASE I: REFINEMENT OF THE LAND USE CONCEPT 1. Consultant/Staff conduct kickoff meeting to discuss preferred concept Consultant and City staff will meet in an intensive work session of a half to a full day to review the status of the land use alternatives and to initiate refinements that will lead to the final preferred plan. It is assumed that the current alternative number four is an approximation of the preferred plan and that this will be the basis for the work in this phase. Product: Itemize issues and refinements that will be pursued by the consultant, a schedule for meetings throughout the ensuing month, and any information or decisions required from the city staff. 2. Consultant/Coordinator refine "preferred" general plan alternative and develop specific plan concepts Consultant will work closely with the client coordinator and other city staff during the process of developing specific plan concepts and refining the preferred general plan alternative. Working from the directions established in the kickoff meeting, the consultant will explore in plan and sketch form refinements to the plan at an specific plan areawide scale as well at a subarea scale. Consultant will meet with the coordinator and staff as often as twice a week during this process to review concepts. The coordinator will be responsible for communicating within the city the progress of the effort and to achieve any decisions needed during the process. It is assumed that at least half of the meetings will take place in the consultant's office. Product: The consultant will prepare a brief summary description of the general plan alternative and specific plan concepts; a general plan map, specific plan map; and studies of subareas within the specific plan area including prototypical street layout, sections, building and open space massings and relationships, pedestrian and transit networks, and other urban design studies. The specific plan map and subarea studies will not be final drawings but will indicate the intent of consultant for further refinements that will be completed in later phases of preparation of the specific plan. 3. Staff reviews preferred general plan concept and specific plan concepts and holds working session with property owners. City staff will review summary materials provided by the consultant, and will augment as necessary for presentation to the property owners. HBIT Consultant and staff will meet with the property owners in one meeting of about three hours to review the preferred general plan concept and the specific plan concepts. Consultant will present plan concepts and will receive comments from the property owners. It is assumed that there will be no modifications to the presentation materials prior to presentation to the PC/CC study session. 4. PC/CC conduct study session on preferred concepts Consultant and city staff will present the preferred general plan concept and specific plan concepts at a joint PC/CC study session. It is assumed that the materials prepared for the property owners session will also be used for this session. Consultant and staff will receive comments from the assembled group on various aspects of the concepts. S. Staff provides written direction to consultant on preferred general plan and specific plan concepts, based on input from the PC/CC study session. Product: Written direction to consultant from staff as to any changes or modifications to be made to the concepts in the following task. 6. Consultant/Staff further refine general plan and specific plan concepts Based on written direction from staff, consultant will further refine the land use plan. It is assumed that refinements will not require further review with either the property owners or PC/CC, except as may be conducted by the coordinator and/or staff. Consultant will meet with the city approximately once per week during this task to review progress and products. Product: Revised descriptions of the general plan and specific plan, and refined urban design studies (as discussed in Task I.2. reflecting comments received at the preceeding study session. These products will serve as the basis for preparation of the General Plan Amendment, Specific Plan and EIR. Consultant will submit drafts of the products to the coordinator one week prior to the end of this task for final comment and revision. PHASE II: PREPARATION OF GPA/SP/EIR 1. Consultant submits administrative draft of preliminary general plan amendment Based on the approved preferred concept defined in Task 6 of Phase I, the consultant will prepare the administrative draft preliminary general plan amendment. This document will contain the preliminary land use map and plan text (ie. goals and policies). Consultant will meet with the coordinator to review the draft as it is developed. Product: 15 copies administrative draft of preliminary general plan amendment 2. Staff submits comments on preliminary general plan amendment to consultant Staff will provide consultant with a single coordinated set of revisions to the administrative draft of the preliminary general plan amendment. Product: Revisions to preliminary general plan amendment 3. Consultant submits administrative draft of the preliminary specific plan Based on the approved preferred concept defined in Task 6 of Phase I, the consultant will prepare the administrative draft of the preliminary specific plan. This document will contain all elements required by state law and the text maps and sketches necessary to communicate the plan. Consultant will review the specific plan during its preparation with the coordinator. Interim internal products that will be reviewed by the coordinator will include a general outline of the plan, more detailed outlines of specific sections, detailed guidelines and urban design studies. Product: 15 copies administrative draft of the preliminary specific plan 4. Staff submits comments on preliminary specific plan to consultant Staff will provide consultant with a single coordinated set of revisions to the preliminary specific plan. Product: Revisions to specific plan 5. Consultant submits one (1) camera-ready copy of preliminary general plan amendment and specific plan. 6. City prints/distributes preliminary general plan amendment and specific plan. 7. PC/CC conduct study session on preliminary draft gpa/sp Consultant and staff will present the preliminary gpa and specific plan at a joint PC/CC session. It is assumed that no additional materials will be required for the presentation other than the preliminary plans and presentation graphics previously prepared. 8. Staff provides written direction to consultant on general plan and specific plan documents, based on input from PC/CC study session. Staff will provide consultant with a single coordinated set of revisions to the general plan and specific plan resulting from the study session. 9. Consultant submits administrative draft gpa/sp/eir Consultant will submit administrative drafts of the gpa/sp and EIR to the coordinator and staff for review. 10. Staff submits comments on administrative draft gpa/sp/eir to consultant City staff will review the submitted administrative drafts of the gpa/sp/eir. One copy of each will be returned to the consultant at the end of the review period with all staff comments consolidated and coordinated in that copy. 11. Consultant submits/City releases draft gpa/sp/eir Consultant will submit to the city 300 copies of the draft gpa/sp/eir for public release. PHASE III; ADOPTION OF GPA/SP/EIR 1. PC holds public hearings of draft gpa/sp/EIR Consultant will attend two public hearings on the draft documents. It is anticipated that no additional presentation materials will be required other than those prepared for previous meetings or the documents themselves. Consultant and staff will receive comments on the draft documents. 2. Consultant revises draft gpa/sp/eir and submits to City Based on the comments received in writing during the 45-day CEQA review period and comments received at the two PC hearings, consultant will prepare the Response to Comments on the EIR and make any changes to the draft gpa and sp occasioned by those comments. It is assumed that the coordinator and staff will assist, especially in the preparation of responses to comments on city policy issues. It is assumed that consultant's (WRT) time on this task will not exceed 120 man hours. It is also assumed that there will be no major changes, new alternatives or other significant revisions arising as a result of the comments. 3. Staff submits comments on administrative final eir and draft gpa/sp to consultant City staff and coordinator will review the submitted documents. WRT will meet with the staff/coordinator to review comments and will receive one coordinated set of comments and/or revisions to the documents. 4. Consultant submits/City releases final eir and final draft gpa/sp Consultant will submit 150 copies of the final eir and the final draft gpa/sp documents. City will release these documents. 5. CC conducts public hearings on final eir and draft gpa/sp Consultant will attend two public hearings on the final eir and draft gpa/sp. 6. CC certifies EIR/adopts gpa/sp Consultant will attend council session to certify EIR and adopt gpa and sp. 7. Consultant submits one (1) camera-ready copy of certified EIR and adopted gpa/sp 1 EAST DUBLIN STUDY WORK SCHEDULE 6/26/90 CONSULTANT_ SELECTION 1 . Staff prepares draft contracts/costs and distributes to consultant/property owners June 26 2 . Staff receives draft contracts/costs from consultant/property owners June 28 3 . Council meets to approve consultant contract July 9 4 . Staff finalizes contracts with consultant and property owners July 12 PHASE I : REFINEMENT OF THE LAND USE CONCEPT 1 . Consultant/Staff conduct kickoff meeting to discuss preferred concept June 27 2 . Consultant/Staff refine "preferred general plan concept" and develop specific plan concepts July 30 3 . Staff reviews "preferred concept" and holds working session with property owners August 2 4. PC/CC conduct study session on pref . concept August 6 5 . Staff provides written direction to consultant on preferred general plan and specific plan concepts , based on input from the PC/CC study session August 10 6 . Consultant/Staff further refine general plan and specific plan concepts September 7 PHASE II : PREPARATION OF GPA/SP/EIR 1 . Consultant submits admin . draft of preliminary general plan amendment September 24 2 . Staff submits comments on preliminary _ general plan amendment to consultant October 8 E" HIBIT 2 . c 3 . Consultant submits administrative draft of preliminary specific plan October 29 4 . Staff submits comments on preliminary specific plan to consultant November 12 5 . Consultant submits 1 camera ready copy of preliminary gpa/sp November 19 6 . City prints/distributes preliminary gpa/sp November 26 7 . PC/CC conduct study session on prel . gpa/sp December 10 8 . Staff provides written direction to consultant on general plan/specific plan document , based on input from PC/CC study session December 22 9 . Consultant submits administrative draft gpa/sp/eir February 18 10 . Staff submits comments on admin . draft gpa/sp/eir to consultant March 4 11 . Consultant submits/City releases draft gpa/sp/eir March 22 PHASE III : ADOPTION OF GPA/SP/EIR 1 . PC holds public hearings on draft gpa/sp/eir Ap 15/May 6 2 . Consultant revises draft gpa/sp/eir and submits administrative draft to City May 27 3 . Staff submits comments on admin . final eir and draft gpa/sp to consultant June 3 4 . Consultant submits/City releases final eir and final draft gpa/sp June 14 5 . CC conducts public hearings on final eir and draft gpa/sp July 819 6 . CC certifies EIR/adopts gpa/sp July 22,1991 7 . Consultant submits 1 camera ready copy of certified EIR and adopted gpa/sp August 12 PRODUCTS/RESPONSIBILITY/DATE 1 . 15 copies of administrative draft preliminary general plan amendment WRT 9/24/90 2 . 15 copies administrative draft preliminary specific plan WRT 10/29/90 3 . 1 camera ready copy preliminary gpa/sp; WRT/City City prints 150 copies 11/19/90 4. 15 copies administrative draft gpa/sp/eir WRT 2/18/91 5 . 300 copies draft gpa/sp/eir WRT 3/22/91 6 . 15 copies administrataive draft of final eir and draft gpa/sp WRT 5/27/91 7 . 150 copies final eir/draft gpa/sp WRT 6/14/91 8 . 1 camera ready copy of adopted gpa/sp and WRT/City certified eir ; City will print gpa/sp 8/12/91 f/edtimlin DUBLIN - REQUIRED TO COMPLETE 11-Jul-90 SCOPE ITEM DUE DATE BUDGET GPA SP EIR ------------------------------------ ----------- ------------ --------- ---------- ---------- PHASE I 1 Consultant/Staff Kick-off Meeting June 27 2,508.00 836.00 836.00 836.00 29,686.00 5,937.00 23,749.00 2 Consultant/Coord. Develop Preferred July 30 Concept 3 Staff Review/Property Owner Working August 2 1,290.00 258.00 1,032.00 Session 4 Joint PC/CC Study Session August 6 1,290.00 258.00 1,032.00 5 Staff Written Directions August 10 6 Consultant/Staff Refine Concept Sept 7 15,040.00 3,008.00 12,032.00 PHASE II 1 Admin Draft/Preliminary GPA Sept 24 9,450.00 9,450.00 2 Staff Comments Oct 8 3 Admin Draft SP Oct 29 24,505.00 24,505.00 SCOPE ITEM DUE DATE BUDGET GPA SP EIR ------------------------------------ ----------- ------------ --------- ---------- ---------- 4 Staff Comments Nov 12 5 Consultant Submit Camera Ready Nov 19 2,100.00 420.00 1,680.00 6 City Print & Distribute Nov 26 7 Joint PC/CC Study Session Dec 17 1,290.00 258.00 1,032.00 8 Staff Directions Dec 22 9 Admin Draft GPA/SP/EIR Feb 18 25,060.00 1,253.00 3,759.00 20,048.00 10 Staff Review Mar 4 11 Public Draft GPA/SP/EIR Mar 22 12,340.00 617.00 1,851.00 9,872.00 PHASE III 1 PC Public Hearing April 15/May 6 2,580.00 645.00 645.00 1,290.00 2 Revise GPA/SP/EIR May 27 13,120.00 649.00 1,298.00 11,033.00 3 Staff Review June 3 4 Final Draft SP/GP/EIR June 14 5,260.00 263.00 526.00 4,471.00 I SCOPE ITEM DUE DATE BUDGET GPA SP EIR ------------------------------------ ----------- ------------ --------- ---------- ---------- 5 CC Hearing July 8, 9 2,580.00 6 CC Certify EIR/Adopt GPA, SP July 22 1,290.00 7 Consultant Submit Camera Ready Aug 12 560.00 28.00 56.00 476.00 WRT To Complete 149,949.00 • Subs Remaining 64,149.88 • Directs Remaining 30,000.00 Total Fees To Complete 244,098.88 Fees Remaining 123,523.46 Additional Fee Required 120,575.42 NRT Additional Fee Required for Subs DKS Associates 6,700.00 2,000.00 1,200.00 3,500.00 $127,275.42 I WRT Wallace Roberts&Todd Architecture Landscape Architecture Urban Design Environmental Planning July 13, 1990 Ms. Brenda Gillarde Project Coordinator City of Dublin P.O. Box 2340 Dublin, CA 94568 RE: MEMORANDUM OF UNDERSTANDING ON EAST DUBLIN SPECIFIC PLAN CONTRACT AMENDMENT Dear Brenda: As you requested, this memorandum describes our understanding of the level of effort associated with tasks for which additional budget has been requested. This memorandum is consistent with the scope of work attached to the revised contract. Its purpose is to document in greater detail the specifics that have been agreed to in the course of our contract negotiations. The following is our understanding of certain key points: EIR Alternatives. Per your memorandum of June 28, 1990, WRT will evaluate three alternatives in the Specific Plan EIR. These alternatives will include the CEQA-required "no project" alternative and a "concentrated flatland development" alternative. The third alternative will depend on input you receive from Larry and Rich, but it is agreed that the intensity of development will not be greater than that proposed in the preferred concept. Economic/Fiscal Analysis. ERA will continue to provide input to the planning team during the refinement of the preferred concept and the preparation of the EIR. After the refined concept has been approved by City staff, a final fiscal analysis will be run for the refined concept (i.e., Concept #4). No fiscal/economic analysis will be completed for the EIR alternatives. Traffic Analysis. In addition to WRT's refinement of the preferred land use concept, DKS Associates will refine and re-run the traffic model for the revised concept once the plan has been approved by City staff. No intermediate traffic runs will be done for the preferred concept while it is being refined. For EIR purposes, DKS will only run the traffic model for the "no project" alternative (i.e., the alternative with the lowest traffic generating potential). The quantitative analyses prepared for the preferred concept and the "no project" alternative will "bracket" the other two alternatives, identifying potential impacts associated with the alternatives with the highest and lowest traffic generation characteristics. This will permit a comparative analysis of the other two alternatives, which would identify potential impacts on a relative, order-of-magnitude basis. _ 121 Second Street,7th Floor San Francisco,CA 94105 (415)541-0830 Fax(415)541-0944 ;x Huy 4r WRT Page 2 Meetings. Representatives from DKS Associates, BioSystems, and Kennedy/Jenks/Chilton will each attend up to three public meetings and two team/staff meetings. At this point it is assumed that the public meetings will include the two study sessions with the Planning Commission and City Council and the public hearing before the Planning Commission. ERA will be responsible for attendance at only one public meeting and two team/staff meetings. WRT will attend all public meetings and hearings. Response to Comments/Final EIR. The budget assumes that not more than 120 man hours of WRT's time will be needed to complete the Final EIR. It is also assumed that no major revisions or additional studies will be required to complete the EIR. If, due to public controversy or other unforeseen circumstances, additional time is required, WRT will notify the City before undertaking any additional work beyond the current workscope. Revisions to General Plan/Specific Plan. In Task 6 of Phase I, it is assumed that any refinements to the land use plan which are requested by the landowners, Planning Commission, and City Council will be relatively minor. Major changes in the plan at this point in the process would require additional funds. . I hope the preceding description of our scope is consistent with your understanding. If you have any questions or revisions please call me. Ny tephen amm n Senior Planner cc: Rich Ambrose Larry Tong Dennis Carrington MUTACE ROBERTS & TODD FEE SC EDUI E BY EMPLOYEE 1990 Employee 1990 Hourly Rate Claiborne, Jay $ 60.00 Darley, Andrea 46.00 Gibson, Donald 71.00 Hanunond, Steve 70.00 Jones, Deirdra 32.00 Kiest, Karen 40.00 Maloney, Barbara 110.00 Massa, Alison 82.50 Ochi, Diane 55.50 Skibbe, John 78.00 Taecker, Matt 43.50 Weiser, Karen 37.00 Wheeler, Steve 55.00 Whitlow, Lynn 47.50 "HitsiT RESOLUTION NO. - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO AGREEMENTS BETWEEN THE CITY OF DUBLIN AND SPONSORING PROPERTY OWNERS FOR EAST DUBLIN STUDY WHEREAS, the preparation of a General Plan Amendment and Specific Plan Studies for East Dublin is a comprehensive process involving several Sponsoring Property Owners and the City of Dublin; and WHEREAS, the City Council has previously authorized two amendments to the original Agreement between the City of Dublin and the Sponsoring Property Owners; and WHEREAS, only certain Sponsoring Property Owners elected to participate with the execution of Amendments numbered 1 and 2; and WHEREAS, the group of Property Owners which executed the First Amendment also executed the Second Amendment; and WHEREAS, it is necessary to further amend these agreements in order to accomplish the work necessary to complete the project; and WHEREAS, two amendments are attached hereto marked Exhibit A and B respectively and by reference made a part hereof; and WHEREAS, Exhibit A is labeled First Amendment to the Agreement; and WHEREAS, Exhibit B is labeled Third Amendment to the Agreement; and WHEREAS, whether a Sponsoring Property Owner executes Exhibit A or Exhibit B will depend upon whether said Property Owner has previously executed an amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment (Exhibit A and B) and authorizes the City Manager to execute the appropriate Amendment with Sponsoring Property Owners. BE IT FURTHER RESOLVED that the amount attributable to each property owner shall be based upon acreage based formulas used to develop the cost sharing of the original scope of work. The amount will vary depending on the number of participating owners (including Alameda County) ; however, the aggregate amount attributable to all parties participating in this amendment shall not exceed $220,868. PASSED, APPROVED AND ADOPTED this 23rd day of July, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk A�1 T A,Ug'h Has ftFAN t wl ((DATA A:EASTDAT3 .DOCn FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT WHEREAS, apo» ( "the Property Owner" ) and the City of Dublin ( "The City" ) are parties to an agreement entitled "AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT FOR A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, " which agreement is dated adatel» ; and WHEREAS, further professional services are required for the purposes of preparing the General Plan Amendment Study, Specific Plan and Environmental Impact Report ( "EIR" ) ; and WHEREAS, the total costs of such further services ( "Further Services" ) is $220, 868; and WHEREAS, because this Amendment relates to payment of costs for the General Plan Amendment, Specific Plan and EIR by certain Sponsoring Property Owners , the agreement of all Sponsoring Property Owners is not required to the amendments set forth herein; and WHEREAS, the Property Owner and The City hereby agree to amend the AGREEMENT as follows : A. A new Section 9 is added to the AGREEMENT to read as follows : 119 . _Payment To The City for Further Services . The Property Owner will pay The City the following amounts for the cost of Further Services : General Plan and EIR Further Services (The Property Owner' s property only) $aamtl» General Plan and EIR Costs for Further Services Attributable to Property Owned by Others $uamt2» Specific Plan and EIR Further Services (The Property Owner ' s property only) $«amt3» Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others $«amt4» TOTAL $«amts» RM LXHIBIT 1 B. A new Section 10 is added to the AGREEMENT to read as follows : 1110 . Reimbursement for Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the Specific Plan and EIR from persons seeking governmental approval for lands within the East Dublin Specific Plan Area pursuant to Government Code Section 65456 , The City shall reimburse The Property Owner in the amount of The Property Owner' s proportional share of the "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" , not to exceed the amount of $«amt4» . The Property Owner' s reimbursement pursuant to this paragraph shall be in the proportion The Property Owner ' s "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners ( including Alameda County) entering into agreements with The City similar to this agreement and paying for "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" . C. A new Section 11 is added to the AGREEMENT to read as follows : "11 . Reimbursement for General Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the General Plan and EIR from persons seeking governmental approval for lands within the East Dublin extended planning area or otherwise, The City shall reimburse The Property Owner in the amount of The Property Owner' s proportional share of the "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others , " not to exceed the amount of $«amt2» . The Property Owner' s reimbursement pursuant to this paragraph shall be in the proportion The Property Owner' s "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others payments made by other contributing property owners ( including Alameda County) entering into agreements with The City similar to this agreement and paying for "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others . " D. A new Section 12 is added to the AGREEMENT to read as follows : "The Total sum indicated in paragraph 9 shall be paid by the Property Owner to The City at the time of execution of this Amendment . " 2 Except as expressly amended, the AGREEMENT shall remain in full force and effect . THE PROPERTY OWNER THE CITY OF DUBLIN (a Municipal corporation) By: BY: Richard C. Ambrose, City Manager Printed Name Date: Date: 3 y ((DATA A: EASTDATA.DOCu THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT WHEREAS, apo» ( "the Property Owner" ) and the City of Dublin ( "The City" ) are parties to an agreement entitled "AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT FOR A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, " which agreement is dated ccdatelu , and was amended by the FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, dated adate2» and the SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL .PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, dated «date3» ( "AGREEMENT" ) ; and WHEREAS, further professional services are required for the purposes of preparing the General Plan Amendment Study, Specific Plan and Environmental Impact Report ( "EIR" ) ; and WHEREAS, the total costs of such further services ( "Further Services" ) is $220 , 868; and WHEREAS, because this Amendment relates to payment of costs for the General Plan Amendment, Specific Plan and EIR by certain Sponsoring Property Owners, the agreement of all Sponsoring Property Owners is not required to the amendments set forth herein; and WHEREAS, the Property Owner and The City hereby agree to amend the AGREEMENT as follows : A. A new Section 9 is added to the AGREEMENT to read as follows : 119 . Payment To The City for Further Services . The Property Owner will pay The City the following amounts for the cost of Further Services : General Plan and EIR Further Services (The Property Owner ' s property only) $aamtl» General Plan and EIR Costs for Further Services Attributable to Property Owned by Others $«amt2» LXHIBil 1 Specific Plan and EIR Further Services (The Property Owner' s property only) $«amt3» Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others $aamt4» TOTAL $«amts» B. A new Section 10 is added to the AGREEMENT to read as follows : "10 . Reimbursement for Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the Specific Plan and EIR from persons seeking governmental approval for lands within the East Dublin Specific Plan Area pursuant to Government Code Section 65456 , The City shall reimburse The Property Owner in the amount of The Property Owner' s proportional share of the "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" , not to exceed the amount of $«amt4u . The Property Owner ' s reimbursement pursuant to this paragraph shall be in the proportion The Property Owner' s "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners ( including Alameda County) entering into agreements with The City similar to this agreement and paying for "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" . C. A new Section 11 is added to the AGREEMENT to read as follows : "11 . Reimbursement for General Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the General Plan and EIR from persons seeking governmental approval for lands within the East Dublin extended planning area or otherwise, The City shall reimburse The Property Owner in the amount of The Property Owner' s proportional share of the "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others, " not to exceed the amount of $ccamt2» . The Property Owner ' s reimbursement pursuant to this paragraph shall be in the proportion The Property Owner' s "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners ( including Alameda County) entering into agreements with The City similar to this agreement and paying for "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others . " - 2 n , D. A new Section 12 is added to the AGREEMENT to read as follows : "The Total sum indicated in paragraph 9 shall be paid by the Property Owner to The City at the time of execution of this Amendment . " Except as expressly amended, the AGREEMENT shall remain in full force and effect . THE PROPERTY OWNER THE CITY OF DUBLIN (a Municipal corporation) By; By: Richard C . Ambrose, City Manager Printed Name Date : Date: 3 RESOLUTION NO. - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ A RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA WHEREAS, the City Manager has presented an Agreement entitled "FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND TO COUNTY OF ALAMEDA FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT" ; and WHEREAS, said amendment is attached hereto as Exhibit A and by reference made a part of this resolution; and WHEREAS, the City Council is familiar with the provisions of said Agreement. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve said Amendment to the Agreement and authorizes the Mayor to execute said Agreement (Exhibit A) . BE IT FURTHER RESOLVED that the amount attributable to Alameda County shall be based upon acreage based formulas used to develop the cost sharing of the original scope of work. The amount will vary depending on the number of participating owners (including Alameda County) ; however, the aggregate amount attributable to all parties participating in this amendment shall not exceed $220,868. PASSED, APPROVED AND ADOPTED this 23rd day of July, 1990. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT WHEREAS, The County of Alameda ("the County") and the City of Dublin ("The City") are parties to an agreement entitled "AGREEMENT BETWEEN THE CITY OF DUBLIN FOR PAYMENT FOR A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, " which agreement is dated July 12, 1988; and WHEREAS, further professional services are required for the purposes of preparing the General Plan Amendment Study, Specific Plan and Environmental Impact Report ("EIR") ; and WHEREAS, the total costs of such further services ("Further Services") is $220, 868 ; and WHEREAS, because this Amendment relates to payment of costs for the General Plan Amendment, Specific Plan and EIR by certain Sponsoring Property Owners, the agreement of all Sponsoring Property Owners is not required to the amendments set forth herein; and WHEREAS, the County and The City hereby agree to amend the AGREEMENT as follows: A. A new Section 11 is added to the Agreement to read as follows: "11. Payment To The City for Further Services. The County will pay The City the following amounts for the cost of Further Services: General Plan and EIR Further Services (The County' s property only) $11, 804 General Plan and EIR Costs for Further Services Attributable to Property Owned by Others $10, 326 Specific Plan and EIR Further Services (The County' s property only) $35, 248 Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others $ 6, 159 Total $63 , 537 ru BE-A,HIBIT The total amount set for the above shall be paid by the County to the City monthly in the manner set forth in paragraph 3 of the original agreement. B. A new Section 12 is added to the Agreement to read as follows: 1112 . Reimbursement for Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the Specific Plan and EIR from persons seeking governmental approval for lands within the East Dublin Specific Plan Area pursuant to Government Code Section 65456, The City shall reimburse The County in the amount of The County' s proportional share of the "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" , not to exceed the amount of $6, 159 . The County' s reimbursement pursuant to this paragraph shall be in the proportion The County' s "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners entering into agreements with The City similar to this agreement and paying for "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" . C. A new Section 13 is added to the Agreement to read as follows: 1113 . Reimbursement for General Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the General Plan and EIR from persons seeking governmental approval for lands within the East Dublin extended planning area or otherwise, The City shall reimburse The County in the amount of The County' s proportional share of the "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others, " not to exceed the amount of $10, 326. The County' s reimbursement pursuant to this paragraph shall be in the proportion The County' s "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "General Plan and EIR Costs for Futher Services Attributable to Property owned by Others" payments made by other contributing property owners entering into agreements with The City similar to this agreement and paying for "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others. " 2 - Except as expressly amended, the AGREEMENT shall remain in full force and effect. THE COUNTY OF ALAMEDA THE CITY OF DUBLIN (a Municipal Corporation) By: By: Chairman of the Board Richard C. Ambrose, of Supervisors City Manager Date: Date: ATTEST: By: By: Clerk of the Board of City Clerk Supervisors Approved as to Form: By: By: County Counsel City Attorney 3