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HomeMy WebLinkAboutItem 7.2 WetlandsResAssoc EDPO CITY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: JULY '1, 2003 SUBJECT: PA 02-057 Consultant Selection for the preparation of the Resource Management Plan within the Eastern Dublin Properties Owners Annexation Area (EDPO). Report Prepared by: Andy Byde, Senior Plan~ · ATTACHMENTS: 1. Statement of Qualifications from Wetlands Research Associates; Zander Associates; HydroScience; and Basin Research; 2. Resolution Awarding Contract; 3. Contract with Wetlands Research Associates RECOMMENDATION: 1. Hear Staff Presentation; and 2. Adopt Resolution (Attachment 2) Selecting Wetlands Research  Associates; and authorizing the City Manager to negotiate and execute the Contract not to exceed $167,708. FINANCIAL STATEMENT: The costs of preparing the Resource Management Plan will be paid for by developer deposits and will ultimately be borne by all property owners within the Eastern Dublin Property Owners boundary area. The 2003-2004 Community Development Department budget includes monies for the consulting services. associated with the preparation of the Resource Management Plan. The total of the consultant contract as identified above, is not to exceed $167,708. BACKGROUND: As part of approving the annexation and prezoning of the Eastern Dublin Property Owners area (the area east of Fallon Road to the City's Sphere of Influence line), the City Council certified a Supplemental Environmental Impact Report (SEIR) on April 2, 2002, that contained several mitigation measures relating to future environmental and resource analysis to be done. The project area annexation received final approval by the Alameda County Local Agency Formation Commission (LAFCo) on July 11, 2002, and steps to implement the approved mitigation measures have begun. Specifically, the SEIR contains Mitigation Measure SM-BIO-1 that requires the preparation of a Resource Management Plan (RMP) for the entire 1,120-acre EDPO property prior to the approval of any subsequent development. The purpose of the Resource Management Plan is to address development COPIES TO: Applicant(s) Property Owners PA file ITEM NO. ~~ impacts on biological and other resources across the entire project area (as opposed to addressing such impacts on a parcel-by-parcel basis). The preparation of the RMP addresses the City's responsibilities to analyze and mitigate environmental impacts in the Eastern Dublin Properties area pursuant to the California Environmental Quality Act (CEQA). The scope of work for the preparation of the Resource Management Plan includes the following key elements: · Review and ensure the adequacy of existing maps, studies, plans policies, and other resources of the City of Dublin and the landowners for the project area; · Prepare additional maps, conduct additional studies, and gather additional resources as needed for the adequate preparation of the RMP; · Prepare comprehensive physical and biological resource maps; · Prepare constraints and opportunities maps that will guide the preparation of a more detailed land use plan for the area; · Work collaboratively with the City and the landowners throughout the preparation of the Resource Management Plan; · Coordinate with State and Federal permitting agencies; and · Prepare draft and final versions of the Resource Management Plan. At the October 15, 2002, City Council hearing, the City Council authorized the Staff to distribute Request for Proposals to various environmental consulting firms. The City received proposals from five qualified firms with associated sub-consultants for various elements of the Plan. Staff reviewed the proposals and after an interview and reference checks, determined that Wetlands Research Associates, Inc. prepared the most comprehensive proposal considering approach, tasks, and contract price. RECOMMENDATION: Staff recommends the City Council, hear Staff presentation, deliberate and adopt resolution (Attachment 2) selecting Wetlands Research Associates, Inc and authorizing the City Manager to negotiate and execute the contract with the consultant in the amount not to exceed $167,708. TEAM INFORMATION Our Team proposing to prepare the Eastern Dublin Properties Resource Management Plan is comprised of the following firms: Wetlands Research Associates, Inc. (WRA) - Prime Consultant As the Prime Consultant, WRA will be responsible for conducting additional biological studies, reviewing existing studies, plans and policies, preparing resource maps, constraints and opportunities maps, preparing the draft and final versions of the RMP, and attending meetings (at least one senior staff member). Zander Associates - Subconsultant As a subconsultant, Zander Associates will be responsible for reviewing existing studies, plans and policies, assisting in the development of the RMP, and attending meetings (one principal). Hydro Science - Subconsultant As a subconsultant, Hydro Science will be responsible for reviewing existing studies, plans and policies regarding physical resources (geotechnical, soils, geologic, hydrologic), as well as conducting additional physical resource studies on the Jordan Property, assisting in the development of the RMP, and attending some meetings (one principal). Basin Research Associates, Inc. (Basin) - Subconsultant As a subconsultant, Basin will be responsible for reviewing existing studies, plans and policies regarding cultural resources, as well as conducting a comprehensive Cultural Resources Study of the entire Plan area, assisting in the development of the RMP, and attending meetings as necessary. WRA has a history of working cooperatively and successfully with Zander Associates, Hydro Science, and Basin Research Associates. WRA is currently working with Zander Associates on the Pebble Beach Company projects, and is working with Hydro Science on the Mather Field and Pacific Commons Preserve projects. WRA has recently worked with Basin on the Tri-Valley Transmission Line EIR project. WRA, Zander Associates, Hydro Science, and Basin have a long history and broad range of project experience working together and separately with numerous public agencies and private clients throughout California. The individual expertise of each firm, combined with the experience of working together historically and currently, will allow for a cooperative and dynamic approach toward the preparation of the Eastern Dublin Properties Resource Management Plan. ATTACHMENT I AGENCY INTERACTION The Team has extensive experience in all aspects of the regulatory process. WRA, Zander Associates, Hydro Science, and Basin all have solid, long-standing relationships with the regulatory agencies which have allowed them to secure necessary permits for hundreds of projects over the past 20 years. All members of the Team regularly interact with the following agencies on behalf of their clients during all project phases (from project development and permitting through mitigation planning and monitoring) through meetings, on-site visits, formal reports and permit-related documents, and informal communications: x u.s. Army Corps of Engineers X Regional Water Quality Control Boards throughout the state X U.S. Fish and Wildlife Service X California Department of Fish and Game X California Coastal Commission and San Francisco Bay Conservation and Development Commission X Numerous County, City and other local agencies throu?ghout the state Below are a few examples of recent large-scale, complex projects Team members have successfully completed or are currently involved with which required regular interaction with and between multiple federal, state and local agencies: Project name USF Cor C R Local and Other Agencies ws ps D w G C Pleasanton Golf Course X X X X City of Pleasanton, East Bay Regional Parks Dist. The Ranch on Silver Creek X X X X City of San Jose Big Rock Ranch X X X X Marin County Montanera X X X East Bay Regional Parks, East Bay MUD Pacific Commons Preserve X X X X Mayacama Golf Club X* X X X Sonoma County Mather FieM X Sacramento County, CNPS (Sacramento Chapter) Fort Ord Reuse A uthori~ X X BLM, CA State P~ks, CA COastal Commission Pebble Beach Company X X X Monterey County, California Coastal Commission Alameda Point X S.F. Bay National Wildlife Re,ge, Alameda Co. Levin Residential Prcect X Ci~ of San Jose Farious Projects (including X X X X California Tahoe Conservancy, Tahoe Regional Mather FieM andPac~c Planning Agency, multiple cities and counties Commons Prese~¢ [arious Projects including X X X X California PUC, Alameda County, and multiple Tri-[alley Tra~mission cities and counties Line EIR and Alameda Coun~ On-Call Se~ices *National Marine Fisheries Service Wetlands Research Associates, Inc. Background Description Firm Overview Wetlands Research Associates, Inc. (WRA) provides professional consulting services in wetlands and endangered species issues. Formed in 1982, WRA has completed over 725 projects for government agencies, non-profit organizations, and private companies. The firm is well versed in all aspects of wetland ecology and endangered and threatened species biology. Services the firm provides include: X Environmental management and mitigation monitoring plans X Wetland restoration and mitigation planning and implementation X Habitat functions and values assessment X Rare and endangered plant and animal surveys X Wetland and biological resource impact assessment for EIR/EIS documents X Ecological risk assessment and habitat remediation plans X Wetlands delineation and mapping using federal and state methodologies X Habitat Conservation Plans (HCP) and Section 7 biological assessments for endangered and threatened species X Federal, state and regional permits for projects affecting wetlands including Section 10/404, coastal zone, and Section 401 permits X Construction and post-construction monitoring for wetlands and endangered species protection X Field and laboratory research on wetland vegetation and associated wildlife WRA provides its clients with a full range of services in the biological sciences and environmental planning. Our staff is experienced in the application of federal and state wetland and endangered species regulations and trained in the habitat evaluation methods used by public agencies. WRA provides complete services in the evaluation, planning, and implementation of wetland and endangered species habitat restoration and mitigation projects. WRA has a total staff of 25: seventeen biologists, one landscape architect and two landscape designers, two AutoCAD/GIS specialists and three administrative support personnel. Our biological staff experience is broadly based. Our botanists and wildlife biologists are as experienced with species and habitats associated with terrestrial grasslands and forest ecosystems, including riparian forest, as they are with emergent freshwater and estuarine systems. Much of our work is driven by the focus in the environmental field on special status species issues. For example, we are the on-call biological resources environmental review consultants for both the California Public Utilities Commission and the California Energy Commission and are responsible for all habitat and species issues, not just wetlands. Since over half of the special status species are associated with wetlands, our long experience with wetland habitats is an additional asset. While we have the skills and experience to develop riparian planting plans and produce high quality graphics for planting plans and stream design that are suitable for public presentations, our major area of stren~h continues to be our skills as restoration ecologists. Our approach to restoration projects continues to be an analytical one that focuses first on existing and historic conditions in the system and then to develop restoration goals and alternatives that provide as many as possible of the original ecosystem components. Restoration and Enhancement Planning The practice of wetland restoration and enhancement has grown tremendously in the past twenty years. Some restoration projects are directed towards the protection and expansion of vegetation, wildlife and fish resources, especially rare and endangered species. Others are designed to integrate natural resource values with recreation and public education about wetlands. Many are also undertaken to replace unavoidable losses associated with public and private development. WRA has been a leader in this field, assisting government and non-profit agencies and private sector clients in implementing successful restoration projects. The firm has completed over 60 projects that have involved the combined input from biologists, hydrologists, engineers, governmental officials, and the public. The staff have worked successfully with all of these groups to meet the federal government's policy of"no net loss" of national wetland resources, and protection of plant and animal resources. WRA prepared restoration and management plans, mitigation plans and/or monitoring plans for all of these projects. The broad professional experience of the staff at WRA is the key to our selection for restoration planning projects. The staff has the training to identify important natural resource values within existing wetland habitats, the knowledge of a wide variety of wetland enhancement techniques and management tools, the understanding of species requirements and complex ecological interactions, and the experience in implementing restoration projects; all of which are vital in seeing a project through to completion. WRA has developed an approach to habitat restoration planning that is well received by its clients, government agencies, and the public. The staff is thoroughly prepared to address a wide variety of issues and has the experience to effectively present the project alternatives at public meetings. The firm's long-standing credibility in biological habitat restoration is a valuable asset to our clients. Mapping Technology and Resources WRA maintains a comprehensive collection of field and office equipment for use in developing clear and accurate maps. This includes a Trimble (XRS-TC1) GPS unit with sub-meter accuracy. Trimble's Pro XRS-TSC1 surveying unit is utilized for field surveys to collect differentially corrected GPS data. The collected field data is downloaded to Pathfinder software on a PC for data processing and analysis. When the processing is completed, the GPS data is then exported to AutoCAD (version 2000) or Arc View (version 8.1) software for graphic development and further analysis. WRA uses ArcView for analysis of topographic data, biological data or other types of vector data: e.g., points, lines and polygons. ArcView integrates images and data with an internal link with (database access) which compiles and tabulates all data represented within a specific project. It is generally used for creating thematic maps and for performing mathematical analyses of specific data sets. It also integrates charts, maps and tables for multimedia presentation. WRA uses AutoCAD for designing layers, map grids, and coordinate systems for the proper translation of GPS data and for performing coordinate transformations of external files. It can create maps from imported data or create maps from created data layers and do complex mathematical calculations. Using AutoCAD, WRA can perform a set 0f complex analyses of terrains created from AutoCAD Map or other imported files created by similar software. AutoCAD can create watershed models of topographic areas and calculate volumes and areas. It can also create alignments and profile section views of topographic areas. It has the functionality to do grading and hydrology designs. It can calculate the cut and fill ora grading design and also perform many complex mathematical calculations on hydrology designs. All large-scale map products created by WRA are printed on a high-quality HP DesignJet 1050C plus plotter (36 inch width); these maps are helpful during presentations or for identifying small features over a large project area. Biological Studies: Special Status Species Rare and endangered species and wetlands are nearly synonymous. The loss of wetland habitats, from vernal pools to tidal marshes, has resulted in dramatic range restrictions and population declines in numerous wetland plant and animal species. Projects that affect wetlands necessarily impact the special status species that inhabit them. WRA has an established track record for assessing impacts to these species, preparing mitigation for impacts that are acceptable to regulatory agencies, and then securing the permits for project implementation. Our knowledge and experience in biological assessments, habitat impact and mitigation analyses, enhancement and restoration, and habitat management is fully integrated with our work on rare and endangered species. WRA has a long-standing track record of working successfully with public agencies to develop restoration and management strategies which facilitates an efficient permitting process. Biologists at WRA can identify possible special status species in a project area, assess habitat values, and quantify population abundance and distribution. Depending on the project requirements, WRA provides expert analyses of project impacts and mitigation, or habitat management plans for the special status species. Such information is required by agencies such as the U.S. Fish and Wildlife Service, California Department ofFish and Game, U.S. Army Corps of Engineers and other regulatory agencies. WRA then handles formal consultations with agencies as required by the Endangered Species Act. WRA has prepared biological assessments, impacts and mitigation analyses (EIR's), and enhancement plans for special status species that are found in the Dublin area. These species include: federal endangered species (San Joaquin kit fox, vernal pool tadpole shrimp), federal threatened species (California red-legged frog, vernal pool fairy shrimp), federal candidate species (California tiger salamander), federal species of concern (San Joaquin spearscale), and California species of special concern (e.g., western pond turtle, burrowing owl, white-tailed kite, golden eagle and other raptors, loggerhead shrike, California horned lark, neotropical migrant birds, and bats, among others). Wetland Delineation and Assessment Wetland delineation requires expert knowledge of wetland vegetation, hydric soils, and wetland hydrology. Many variables must be considered and field experience is essential to assure property owners that the most accurate and appropriate boundary is established. WRA is at the forefront of the science of wetland delineation. Staff members have taught courses on wetland delineation to government officials and consultants for COE certification. Sound and objective data collection are necessary requirements for accurate wetland determinations. WRA has developed sampling procedures, data forms, and computerized data processing methods which allow for efficient and accurate data analysis. The firm relies on the latest scientific techniques and approaches to provide its clients with the best methodologies possible. Clear and concise reports provide the client and the jurisdictional agencies with all the information required to make decisions for land-use plans, avoidance measures, and permit applications. Jurisdictional delineations prepared by WRA have been uniformly accepted by federal agencies without costly re-investigation. WRA staff have often provided third party expertise in settling wetland jurisdictional disputes. Wetland assessment methods have become a required component of the wetland planning process. Assessment tools are used by government agencies in determining fish and wildlife value, establishing protection and preservation criteria, and setting mitigation requirements. A variety of assessment tools are available; however the most commonly used are the U.S. Fish and Wildlife Service's Habitat Evaluation Procedure (HEP), the Corps of Engineers/Federal Highway Administration's Wetland Evaluation Technique (WET), and the recently introduced Hydrogeomorphic Approach (HGM). Each require specialized knowledge in the field of wetland ecology and wildlife management in order to apply to a wide range of habitats. Dr. Josselyn served on the regional panel for the development of WET. He is also a consultant to the Corps of Engineers in the development of regional wetland evaluation procedures for coastal wetlands (HGM). Mr. Buchholz is certified in the use of HEP including mitigation assessment. WRA has conducted wetland delineations and assessments in a variety of wetland habitat types, including: X Seasonal emergent wetlands X Seasonal forested wetlands X Riparian woodlands X Vernal pools X Freshwater marshes X Mountain meadows · X Bottomland hardwoods X Man-made wetlands and ponds X Tidal salt and freshwater wetlands Clients WRA has successfully completed projects for a variety of clients including federal and state agencies, local and regional authorities, non-profit organizations, consulting firms, and private companies. A partial list of clients includes: FEDERAL AND STATE AGENCIES U.S. Army Corps of Engineers California Coastal Conservancy U.S. Department of Justice Bay Conservation and Development Commission U.S. Fish and Wildlife Service California Department of Transportation National Oceanic and Atmospheric Administration California State Parks California Public Utilities Commission REGIONAL AND LOCAL AUTHORITIES City of San Francisco East Bay Regional Park District City of San Jose County of San Joaquin City of Santa Clara County of Orange City of Palo Alto City of Chula Vista City of Pleasanton City of Los Angeles City of Scotts Valley County of Sacramento UTILITIES/TRANSPORTATION San Francisco Bay Area Rapid Transit Conrail Pacific Gas and Electric Delmarva Power and Light Southern California Edison Dulles Toll Road (TRIP II) Public Service Electric and Gas Virginia Toll Road Corporation Columbia Gas Systems NON-PROFIT ORGANIZATIONS Friends of Ballona Wetlands Solano County Farmlands and Huntington Beach Conservancy Open Space Foundation Marin Audubon Society Sonoma Land Trust INDUSTRY AND CONSTRUCTION Cargill Salt, Western Division Pacific Union, San Francisco 3Com, San Jose Kaufman Broad, San Diego Oracle Corp., Redwood City Waste Management International KG Land, Redwood City Westinghouse Electric De Silva Group William Lyon Homes Similar Project Experience The Ranch on Silver Creek Restoration and Management Plan (See provided sample work product) WRA developed a Draft Restoration and Management Plan ("RMP") for the 600-acre Ranch on Silver Creek Preserve in south San Jose as part of a habitat restoration effort undertaken as mitigation for a William Lyon Homes golf and housing development. Development of the RMP included a review of previous surveys conducted on the site and in the vicinity, compilation of existing GIS database information and site plans into an updatable site resources map, and additional biological surveys performed by WRA (including ongoing annual species monitoring). The restoration and management activities prescribed in the RMP focus on the following special status plant and wildlife species and their habitat, including: federal threatened bay checkerspot butterfly and California red-legged frog, federal endangered Santa Clara Valley dudleya and Metcalf Canyon jewelflower, and federal species of concern California tiger salamander and Mt. Hamilton thistle. This RMP was a requirement of the Biological Opinion issued by USFWS for the project, and WRA has met with and communicated regularly with USFWS during development and review of the Draft RMP. The Draft RMP has been reviewed by USFWS and WRA is currently incorporating the minor comments provided by USFWS into a Final RMP. WRA has also developed mitigation plans to create California tiger salamander aquatic habitat, a process which involved regular meeting and consultation with California Department of Fish and Game and the Regional Water Quality Control Board. WRA also prepared an updated and expanded California Department of Fish and Game streambed alteration permit for creeks on the project site. In addition, WRA is designing mitigation wetlands, riparian planting layouts, and native grassland restoration to comply with Corps, RWQCB, USFWS, and CDFG permits issued for the project. Client: William Lyon Homes, Inc. Contact: Greg Mix, (925) 543-5500 Glenwood Open Space Management Plan WRA is working with the City of Scotts Valley, the U.S. Fish & Wildlife Service, and the California Department of Fish and Game to develop an Open Space Management Plan ("OSMP"or "Plan") for the 165-acre Glenwood Open Space Preserve in Scotts Valley, Santa Cruz County, California. The Plan identifies management guidelines for preservation and maintenance of sensitive biological resources on the Preserve including: habitats for the federal endangered Ohlone tiger beetle and Scotts Valley spineflower and several other special status animals and plants, as well as wetlands, riparian habitat, and native grassland. All of the sensitive species on the Preserve occur in grassland habitats. The OSMP addresses management of sensitive grassland habitats primarily through managed grazing and exotic plant species control. WRA has been designated by the City of Scotts Valley as Preserve Manager and will be responsible for managing the grazing and exotic plant control programs and for monitoring sensitive habitats. Client: City of Scotts Valley Contact: Laura Kuhn, (831) 440-5630 Pacific Commons Preserve Ecosystem Restoration Plan WRA developed an ecological management and mitigation plan for a 391-acre open space preserve that included the restoration of vernal pool topography and cyst inoculation of created pools with the federal endangered vernal pool tadpole shrimp. These inoculations proved successful when gravid tadpole shrimp were observed in the pilot wetlands during the first monitoring season. WRA conducts regular monitoring of the tadpole shrimp on the site, as well as the California tiger salamander, burrowing owl, and Contra Costa goldfields. Mitigation for the salamander included trapping and relocation of salamanders from proposed development areas to the preserve, and monitoring of breeding success by conducting larvae surveys. Artificial burrows constructed as mitigation for impacts to the burrowing owl were occupied by owls within three months. The primary pollinating insects of the federal endangered Contra Costa goldfields were monitored to ensure survival of this rare plant. The project has required close coordination with local, state, and federal agencies, and has been reviewed favorably by the U.S. Fish and Wildlife Service and California Department of Fish and Game. WRA will continue to monitor wildlife and their habitats on the preserve for several years. Client: Catellus Development Corporation Contact: Molly Maybrun, (510) 267-3408 Pleasanton Golf Course Permitting and Mitigation Planning Development of the 346-acre Happy Valley Golf Course site in Pleasanton involved impacts to approximately one- third of the five miles of intermittent streams in the project area. WRA prepared Corps, RWQCB, and CDFG permit applications for these project impacts. Mitigation for stream impacts includes creation of 8,540 linear feet of new stabilized seasonal stream channels and the enhancement of 11,600 linear feet of created and existing stream channels. In addition, 1.0 acre of wetland mitigation areas were created in the 168-acre open space portion of the project site to compensate for project impacts to 0.5 acres of the 1.9 acres of wetlands on the site. WRA prepared the Corps permit application and then attended meetings between the City and the Corps, which helped lead to issuance of a Section 404 Individual Permit. During the 404 permitting, WRA attended meetings with USFWS to address potential impacts to special status wildlife species on the Happy Valley Golf Course project site. WRA also met several times with City representatives and the RWQCB, and prepared additional analysis and mitigation documents to assist the City to obtain Section 401 water quality certification for the project. WRA prepared the CDFG Section 1603 Streambed Alteration permit application and supporting documents to help the City get a CDFG permit for the project. WRA prepared a wetland and riparian mitigation plan to describe post-construction management and monitoring efforts on the site. WRA prepared grading and planting plans and specifications for the created wetlands and streams in consultation with a hydrological engineer. Plan specifications included tree, shrub, herbaceous vegetation, and seed planting along the enhanced streams and in mitigation wetlands. WRA conducted California tiger salamander surveys within the project site, and verified presence of this species in the open space areas that will be preserved as salamander habitat. California md-legged frog surveys were also conducted within the project site. Client: City of Pleasanton Contact: Wayne Rasmussen, (925) 931-5606 Tri-Valley 2002 Capacity Increase Project EIR (Biological Section) WRA acted as biological resources consultant to Aspen Environmental Group as prime contractor and the California Public Utilities Commission as lead agency in preparation of the EIR for a PG&E transmission line project in the Dublin-PIeasanton-Livermore area. The alternatives analysis included assessing biological and wetland resources over routes within the Tri-Valley area as well as extending to Pittsburg, twenty miles north of Pleasanton. The study area included a large variety of sensitive uplands (blue/valley oak woodland, digger pine-oak woodland, Diablan sage scrub), wetlands (alkali meadow, brackish marsh, cottonwood-sycamore riparian forest, freshwater marsh, seasonal wetland, riparian scrub), seven special habitat management areas, 31 special status plants and 61 special status wildlife species. Habitat reconnaissance and mapping was conducted by on-site assessments (and one route by helicopter) along the proposed and alternative routes. The WRA biological resources team was able to rapidly respond to requests to assess new transmission line alignment alternatives and options as they emerged and to complete the project on schedule. Client: Aspen Environmental Group Contact: Susan Lee, (415) 955-4775 Poppy Ridge Golf Course Mitigation Management WRA conducted a reconnaissance-level assessment to review an existing wetland delineation and evaluate the project site for potential California tiger salamander habitat. California tiger salamanders were observed during focused wildlife surveys conducted in a previously identified suitable habitat area. Focused surveys for burrowing owl, following California Department of Fish and Game protocols, were also conducted to determine the presence or absence of this species. WRA also developed a mitigation and restoration plan for the preservation and revegetation of a special status plant species, big-scale balsamroot. Monitoring of California tiger salamander habitat was conducted during and after construction. Client: The DeSilva Group Contact: Jim Summers, (925) 828-7999 North Livermore Environmental Studies The North Livermore Project included plant and wildlife surveys and a jurisdictional wetlands delineation on a site in eastern Alameda County containing a significant number of alkali vernal pools and swales. WRA biologists conducted a series of rare plant and wildlife surveys over a two-year period on a 480-acre site containing grassland and vernal pool habitat. A jurisdictional wetlands delineation was completed in areas of seasonal wetlands, alkali vernal pools, and a significant network of vernal swales. All wetlands and rare plants located were mapped using WRA GPS equipment with sub-meter accuracy and AutoCAD software. In addition, several new special status plant and wildlife populations, including the federal threatened vernal pool fairy shrimp, were located and mapped on this project site. Client: The DeSilva Group Contact: Jim Summers, (925) 828-7999 Project Manager Tom Fraser, Principal Plant Ecologist References: Greg Mix Wayne Rasmussen Doug Wiebe William Lyon Homes, Inc. City of Pleasanton Wiebe Associates 2603 Camino Ramon, Suite 150 P.O. Box 520 669 Dunhill Drive San Ramon, California 94583-4289 Pleasanton, California 94566 Danville, California 94506-1354 (925) 543-5500 (925) 931-5606 (925) 964-1524 Staff and Resumes Michael Josselyn, PhD, Principal and Certified Wetland Scientist Torn Fraser, Principal Plant Ecologist JeffDreier, Associate Wildlife Biologist Shannon Lucas, Associate Biologist Heidi Kirk, Wildlife Biologist Justin Sernion, Biologist Becky Miller, Wetland Ecologist Chris Zurnwalt, GIS Technician Zander Associates Background Description Perspective and Approach Zander Associates provides specialized environmental consulting services to a wide range of public and private sector clients in response to regulatory requirements for environmental review and compliance. The firm offers particular expertise in natural resource assessment and in the regulations governing protection of the natural environment, such as state and federal endangered species acts (threatened and endangered plants and animals), the federal Clean Water Act (wetlands and water quality), and state and federal coastal zone statutes. We offer expertise in environmental science, land use planning and regulatory compliance at every level of project development: detailed baseline resource assessment in the site evaluation phase; effective coordination of resource issues with other concerns in the planning phase; timely preparation of environmental review documents and permit applications, and ongoing liaison with the resource agencies during the approval phase; and implementation and monitoring of regulatory compliance requirements, such as mitigation, during the construction phase. Several key factors distinguish the services we provide to our clients: hands-on project-level involvement of our principals; our dedication to teamwork, coordinating with the resource agencies, municipalities, businesses and other consultants based on clear understanding of their diverse legal, political, financial, and logistical concerns; and our solution-oriented, negotiation-based approach to problem solving. Purpose and Scope Zander Associates purpose is to assist the client in meeting the requirements of state and federal environmental legislation, including: $ The California Environmental Quality Act & The National Environmental Policy Act $ The California Endangered Species Act & The Federal Endangered Species Act $ The Federal Clean Water Act & The Rivers and Harbors Act $ The California Coastal Zone Act & The Federal Coastal Management Zone Act To meet this goal, we provide comprehensive services in: $ Biological Resource Assessment & Reporting $ Project Planning & Coordination $ CEQA/NEPA Review $ Permit Assistance & Agency Liaison $ Compliance Implementation & Monitoring Staff Zander Associates principals, Leslie Zander & Michael Zander, bring over 30 years of experience in biology, resource management and regulatory review to the complex task of land use planning in California. They work closely with an experienced staff of biologists, planners and water quality experts on every project, to assure the highest quality of service. Through their dedication to communication, teamwork and negotiated conflict resolution, Zander Associates has established an outstanding reputation in both the public and private sector as a leader in the field of biological resource assessment, planning and management. 6/24/03 Similar Project Experience Fort Ord Biological Resources Plannin~ Under contract to the Fort Ord Reuse Authority (FORA), Zander Associates is currently providing biological resource planning guidance to assist with the development of the local community reuse plan for the 28,000 -acre Fort Ord military base. Through working sessions with representatives from FORA member jurisdictions, consultation with resource agencies and baseline biological review, Zander Associates has helped to create a draft reuse plan that establishes significant habitat preserve areas while enabling an ambitious reuse plan for the base. Through the process, Zander Associates has served as the FORA representative in negotiations with various federal, state, and local agencies including the U.S. Fish and Wildlife Service, the Bureau of Land Management, the California Department of Fish and Game, the California State Parks Department, the California Coastal Commission and others. Zander Associates has also played an active role in the development ofa basewide Habitat Management Plan for Fort Ord which designates key resource agencies (BLM, State Parks and the University of California Natural Reserve System) as preserve managers for the large tracts of land set aside as conservation areas in the base reuse plan. In addition, a Biological Resources Management Program (BRMP) was prepared by Zander Associates. This document complements the Habitat Management Plan by providing practical, policy-oriented management prescriptions that can be used by local communities in a planning context. Client: Fort Ord Reuse Authority Contact: Michael Houlemard, (831) 883-3672 Fort Ord Coordinated Resource Management and Planning The basewide Habitat Management Plan (HMP) for Fort Ord establishes a Coordinated Resource Management Planning (CRMP) Program to oversee the implementation of the HMP. CRMP is comprised of all management agencies with habitat management responsibilities on the base as well as the Fort Ord Reuse Authority (FORA). Acting as FORA's representative in the CRMP program, Zander Associates has taken an active role in organizing and participating in CRMP. We worked with representatives from the Bureau of Land Management, the University of California Natural Reserve System, the California Department of Parks and Recreation and other to frame the operating guidelines prior to formal initiation of the program. As the program has evolved, we have remained in an advisory capacity to BLM often serving as co-chair of the monthly CRMP meetings. We chair the Implementation subcommittee with responsibility to draft an Implementation Agreement that will be signed by FORA and other land use jurisdictions. The Implementation Agreement is the critical element that will tie the federal HMP to state and local planning procedures, especially conformance with the California Environmental Quality Act (CEQA). Finally, we regularly provide FORA and its member agencies with biological resource information pertinent to land use planning so that the base reuse plan will respect natural resource values in conformance with the HMP. Client: Fort Ord Reuse Authority Contact: Michael Houlemard, (831) 883-3672 East County Area Plan~ Alameda County Zander Associates biologists assisted Alameda County Planning staff in the preparation of the East County Area Plan. The East County area encompasses 418 square miles extending from the Pleasanton/Dublin ridgeline on the west to the San Joaquin County line on the east and from the Contra Costa County line on the north to the Santa Clara County line on the south. Zander Associates biologists prepared the Biological Resources Background Report and assisted in writing policies for the plan that addressed these resources. Preparation of the Background Report involved documenting the existing biological resources by compiling all available information on the biological resources existing in the East County area and synthesizing that information to identify high value and low value resource areas. Zander Associates biologists also assisted planning staff in defining an "Urban Growth Boundary" 6/24/03 and in developing land use policies that would direct future development in the East County Area. We coordinated and conducted presentation to the resource agencies describing the Plan and our concept of "biological open space". Zander Associates also prepared the biological resources and hydrology and water quality sections of the DEIR for the East County Area Plan. Client: Alameda County Community Development Agency Contact: Adolph Martinelli, 510) 670-5333 North Livermore Specific Plan zander Associates provided biologic expertise to the planning team working on behalf of the City of Livermore and Alameda County to develop the North Livermore Specific Plan. An integral component of the Plan was the Resource Conservation Program (RCP) which was designed to protect, enhance and manage the Plan Area's significant biological resources and which was tiered-off of the concept of "biological open space" developed by Zander Associates for the East County Area Plan. The biological information we provided stemmed from over ten years of survey work conducted in the Livermore Valley and other portions of the East County Area and our extensive negotiations with the Resource Agencies regarding specific properties and species. Zander Associates also assisted in the preparation of the species descriptions, habitat requirements and distribution in the Plan Area for the RCP and in the preparation of the DEIR for the Specific Plan. Client: Alameda County Community Development Agency Contact: Adolph Martinelli, 510) 670-5333 Silveria/Haight Property Zander Associates conducted reconnaissance surveys on the 94-acre Silveria/Haight property in Dublin to confirm that existing biological resources were essentially as described in the Eastern Dublin GPA Specific Plan EIR. A portion of the property was within the Golden Eagle Protection Zone established in the EIR to protect a nesting pair in the vicinity. However, since the EIR was completed, the pair had relocated its nest and a new protection zone was warranted. Working in collaboration with golden eagle experts, the City of Dublin and other consultants, Zander Associates assisted in the designation of a new protection zone and coordinated installation of two nest platforms designed to lure the pair into a more secluded area. The eagles relocated to one of the installed platforms the next nesting season and continue to fledge young. Client: Summerhill Homes Contact: Adam Tennant, 925) 901-1048 Pebble Beach Biological Resource Assistance Zander Associates was retained by the Pebble Beach Company (PBC) tO provide technical support in response to the preparation of an Environmental Impact Report (EIR) for their proposed development in the coastal zone area of the Del Monte Forest in Monterey County, California. Site data and reports were reviewed and an assessment of the site and its environs was made to enable client to anticipate project design opportunities and constraints potentially arising from biological findings on the site. Using this information, we worked proactively with PBC to resolve potential conflicts prior to the formal EIR review period. During EIR review, we assisted PBC in responding to public comments, provided testimony, and attended hearings to comment on the EIR on PBC's behalf. Zander Associates continues to work for PBC by providing biological expertise in addressing habitat and sensitive species issues through the planning and permitting process. Such issues include those related to the Monterey Pine Forest and associated endemic species and sensitive resources such as our study on the reproductive biology of the federally endangered plant species Yadons piperia (Piperia yadonii). Client: The Pebble Beach Company Contact: Mark Stilwell, (831) 625-8449 6~4~3 REPRESENTATIVE PROJECTS Alameda Point (formerly Alameda Naval Air Station): Assisting Alameda Reuse and Redevelopment Authority with reuse issues associated with the onsite breeding colony of federally endangered California least tern and roosting colony of California brown pelican. Serving as liaison for ARRA to the U.S. Fish and Wildlife Service and S.F. Bay National Wildlife Refuge staff on issues related to endangered species and iterim and proposed long-term uses at Alameda Point. Client. Alameda Reuse and Redevelopment Authority. Albany Eastpoint Project: Conducted baseline surveys, interviewed technical experts and representatives from creek advocacy groups to clarify issues associated with restoration of Codornices Creek. Principal author of Creek Management Plan for Codornices and Village Creeks on the property. Client: The Martin Group. Fort Ord Biological Resources Planning: Provided biological resource planning guidance to assist with the development of the local community reuse plan for the 28,000-acre Fort Ord military base. Assisted with preparation of Biological Resources Management Plan to provide local communities with the framework for implementing Habitat Management Plan requirements and managing biologically diverse open space. Assisted in the preparation of the Habitat Conservation Plan Supplement to the Installation-wide Multispecies Habitat Management Plan for former Fort Ord. Client: Fort Ord Reuse Authority. Alameda Naval Air Station Community Reuse Plan: Acting as biological consultant on the team preparing the base reuse plan for the Alameda Reuse and Redevelopment Authority. Providing guidance on issues regarding the resident California least tern colony and its potential affect on reuse planning. Mare Island Final Reuse Plan: Acted as biological consultant on the team assembled to develop a Final Reuse Plan for Mare Island Naval Shipyard in Vallejo, California. Conducted an analysis of reuse considerations relating to the base's biological resources, contacted resource agencies to solicit concerns regarding reuse planning and analyzed the regulatory/jurisdictional issues surrounding Mare Island. Client: EDAW, Inc. East County Area Plan and EIR, Alameda County, California: Prepared Biological Resources Background Report and developed policies and programs focusing on regional planning of biological resources for the 418 square mile Plan area. Prepared biological resources and hydrology and water quality sections of the Draft EIR on the Plan. Client: Alameda County Planning Department. Putle Homes SWPPP Training: Conducted training seminar for construction site superintendents to discuss Storm Water Pollution Prevention Plans, governing regulations, monitoring requirements and documentation required by the State Water Resources Control Board. Developed Powerpoint presentation and handouts for participants. Client: Pulte Homes. Levin Residential Project: Provided assistance with biological resource, wetland and storm water pollution prevention design issues for a 300-acre site to be annexed to the City of San Jose. Worked with the project engineers and staff from the RWQCB to develop a system for treating post-construction storm water nmoff (wet ponds). Designed wetland mitigation areas to replace, in-kind, approximately 0.8 acre of intermittent stream course that will be filled for construction of the project. Silver Creek Valley Country Club, San Jose, California: Conducted site studies and prepared environmental and permitting documents for a 1500-acre residential development and Country Club. Monitored construction activities to protect biological resources and directed creation of 12 successful on-site seasonal wetland mitigation areas. Client: Shea Homes. Point Pinole Business Park, Richmond, California: Served as member of the project design team assisting with review of environmental documents and wetlands assessment. Provided design recommendations to minimize impacts to identified sensitive resources and incorporate native habitats. Developed salt marsh monitoring progam and currently implementing that program. 6/24/03 Breuner Property, Richmond, California: Assisted in the preparation of documentation required for an "after- the-fact" permit with the U.S. Army Corps of Engineers. Prepared wetlands assessment, secured jurisdictional determination and prepared restoration plan for the 200-acre site adjacent to San Pablo Bay. Clients: Cooper, White & Cooper and Wareham Property Group. Carex whitneyi Recovery and Research Project, Central Sierra Nevada, California- Directed three-month field studies to determine extent of Carex whitneyi, a designated rare species, outside of its type locale. Area of survey covered from Kings Canyon National Park to Yosemite National Park at 5000- to 8000-foot elevation on west slope of the Sierra. Client: Kings River Conservation District. AWARDS Botanical Society of America, Young Botanist Award, 1980 Fresno Community Council, Community Service Award, 1973 MEMBERSHIPS Association of Environmental Professionals California Native Plant Society California Botanical Society Society for Ecological Restoration Wildlife Society International Erosion Control Society Bay Planning Coalition 6/24/03 Hydro Science Background Description Hydro Science is a small business consulting firm founded in 1990 which specializes in the hydrology and hydraulics of natural systems. We provide expert services in the fields of stream and river restoration and stabilization using naturalized approaches, channel dynamics, wetlands creation and restoration, watershed management, erosion control, water quality, nonpoint source pollution control and water resources assessment. The focus of the firm is physical process hydrology and geomorphology, ~vith an emphasis on water-landscape-soil- vegetation dynamics. Assessment, planning, design, permitting, and monitoring services are provided. Hydro Science's outstanding reputation is founded on scientific excellence, practical problem solving, outstanding rapport with regulatory agencies, and, above all, consistent client satisfaction. While there is increasing interaction between engineers and natural resource scientists on multi-objective projects, Hydro Science's founder is unique in having provided the critical "bridging" expertise between physical and biological sciences for over 27 years. This expertise is based on academic credentials in engineering, watershed, and biological sciences, and an entire career devoted to design, construction, and monitoring of stream and wetland creation and restoration, watershed improvement and restoration, and erosion control projects throughout the West. Hydro Science's ability to identify and create the physical habitat required to develop and sustain ecosystems in a practical manner is frequently the prerequisite for long-term project success. Understanding the linkage between watershed condition and streamflow response, and identifying trends in the physical state of wetland and riverine systems is fundamental. Almost without exception, wetland projects fail because of a lack of understanding of the hydrologic regime and the physical habitat requirements of wetland vegetation. Stream restoration most frequently fails by imposing a biological or physical "solution" which attempts to hold an evolving system in a static state. Hydro Science's approach is to identify ongoing trends and the "potential" condition, in order to work with, rather than against, the stream or river. Hydro Science is field-oriented and monitoring services are routinely provided. The firm has a full array of surveying and hydrologic monitoring equipment, including specially developed infiltrometers to assess wetland seepage rates. Standard hydrologic and hydraulic computer models are fully supported. AUTO-CADD is supported, and Hydro Science is specialized in providing blended-color "habitat view" graphics, in addition to standard engineering line-drawings. Hydro Science has provided services as a consultant or subconsultant for the USDA Forest Service, U.S. Department of Energy, U.S. Bureau of Reclamation, Stockton East Water District, PG&E, Bechtel, University of California, City of Sacramento, Newmont Mining, Contra Costa County, California Tahoe Conservancy and the Tahoe Regional Planning Agency. Prospective clients are encouraged to contact clients. Similar Project Experience Mather Air Force Base Wetlands Planning and Preservation Development of guidelines for development in vicinity of vernal pools and seasonal wetlands to protect their hydrologic integrity. Client: Sacramento County (subconsultant to Wetlands Research Associates, Inc.) Contact: Tom Fraser, (415)454-8868 Merced County NCCP/HCP Science Advisors Served as expert hydrologist on science advisors for development of planning guidance for the establishment of preserves for the protection of wetlands related resources, most specifically vernal pools. Client: Merced County 6~4m3 Contact: Wayne Spencer, (619)296-0164 San Francisco Garter Snake Habitat Restoration Plan, San Mateo Coun _ty Feasibility assessment and conceptual design of perennial marsh habitat for restoration of primary habitat for the endangered San Francisco Garter Snake. Client: San Francisco International Airport (subconsukant to EIP Associates) Contact: Brian Boxer, (916) 325-4800 Olinda Substation Vernal Pool Monitoring and Reconstruction. Shasta County A five-year project to monitor the hydrologic and vegetative success of constructed vernal pools. Identification and assessment of failed wetlands (constructed by another party) and development of construction plans and specifications for remediation through installation of clay liners, controlled compaction, topsoil addition. Design and construction of additional pools. Client: U.S. Department of Energy, Western Area Power Administration Contact: Earl Nelson, (916) 353-4529 Tonto Creek Riparian Allotment Hydrologic and Geomorphic Analysis and Monitoring, Arizona Six-year project to assess the riparian and geomorphic response to dramatically reduced grazing on a 13-mile reach of Tonto Creek above Roosevelt Lake. Assessed historic conditions and existing trends in changes in channel morphology. Investigated influences of watershed condition on increasing trends in peak flows. Monitor channel responses due to recruitment of woody riparian vegetation, and assess relative importance of grazing on fluvial activity within the valley bottom. Client: U.S. Bureau of Reclamation Contact: John Garcia, Ganda, (415) 789~9242 Watershed and Channel Condition Assessment, Coconino and Apache-Sitgreaves National Forests, Arizona Evaluated upland, riparian, and channel conditions on 70,000 acres to assess trend and causes of degraded riparian area conditions. Performed ~ound cover transacts, channel stability assessment, and riffle stability using cross- section hydraulics and shear-stress formula. Modeled storm response under existing and potential conditions using HEC-1. Client: U.S. Forest Service, Coconino National Forest Contact: Ken Luckow, (602) 527-7400 San Joaquin Marsh Water Quality Protection, Orange County Assessed the impacts of proposed development on the hydrology and water quality of this wetland preserve. Developed and evaluated the aggregate control efficiency of a system of Best Management Practices, including design guidance, to provide an extremely high level of control of urban runoff pollutants. Client: University of California, Irvine Contact: Greg Jue Staff and Resumes Toby Hanes, Senior Hydrologist 6/24/03 DESCRIPTION OF QUALIFICATIONS BASIN RESEARCH ASSOCIATES, INC. FIRM DATA Basin Research Associates, Inc. 1933 Davis Street, Suite 210 San Leandro, CA 94577 (510) 430-8441 (510) 430-8443 (FAX) e-mail: BASINRES ~sprintmail.com Dr. Colin I. Busby, President Ms. Melody E. Tannam, Vice President ARCHAEOLOGICAL AND HISTORIC PRESERVATION QUALIFICATIONS BASIN RESEARCH ASSOCIATES, INC. was founded in 1977 to provide cultural resources research and management expertise to government, industry and individuals throughout California and Nevada. Since our founding, BASIN has established itself as a leader in the field of Cultural Resources Management (CRM) assisting our clients in complying with the regulatory requirements of the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA) and the California Environmental Quality Act (CEQA) as well as agency-specific regulations and local requirements. BASIN's commitment to professional excellence, direct project involvement by the firm's Principals, and a focus on quality control and best value for the client have resulted in the successful completion of numerous cultural resources projects over the past 24 years. BASIN's staff of CRM professionals and support personnel have the regulatory, statutory and practical experience as well as the scientific knowledge necessary to guide our clients in making project development and management decisions. The in-house staff is supplemented by our long term working relationships with architectural historians, soil scientists, paleontologists, and other discipline specialists responsive to the varied needs of historic preservation projects. Our staff and consultants are committed to developing creative and innovative problem solving approaches to assist our clients in achieving their project objectives in multi-disciplinary and multi-agency regulatory environments. BASIN specializes in managing and completing small and medium size projects but also has developed and managed large-scale projects through either joint ventures or cooperative agreements with other CRM firms. Our project management is dedicated to controlling schedule, budget and technical performance to provide product deliverables in a timely and cost-effective manner for our clients. BASIN's "lessons-learned" from past CRM projects and the experience and quality of both its senior and mid-level personnel have allowed the firm to develop a reputation of providing compliance services consistent with the mandates to protect and preserve cultural resources while remaining sensitive to client needs and regulatory requirements. A large portion of our business is from long-term clients who value BASIN's reputation for providing experienced, professional, cost-conscious and timely cultural resources guidance for their project needs. BASIN is a small business, is 50% woman owned and is a member of the American Cultural Resources Association as well as other professional groups. BASIN RESEARCH ASSOCIATES SERVICES (selected) · Prehistoric/Historic Records Searches, Literature Reviews, Field Inventories and Impact Assessments · Prehistoric/Historic Site Testing and Data Recovery Projects · Native American Consultation and Management of Traditional Cultural Properties · Section 106 Compliance Programs Historic Property Surveys Request for Determination of Eligibility National Register Nomination Forms Request for Finding of Effect Drafting of Memoranda of Agreement, Programmatic Agreements and Memoranda of Understanding Mitigation Programs: Presence/Absence Testing Site Testing Data Recovery Archaeological Monitoring Emergency Disinterment of Skeletal Remains · Regulatory Analyses - NEPA/CEQA · Cultural Resources/Historic Property Management Plans (Development, Implementation and Compliance Monitoring) · Built Environment/Historic Bridge Evaluations · Cultural Resources Monitoring Programs · Resource Damage Evaluation and Assessment · Lithic Analysis, Osteology and Statistical Consulting · Peer Review, Proposal/Grant Preparation, EIR/EIS Evaluation and Review · Expert Testimony for State and Federal Administrative Proceedings SENIOR STAFF The following four individuals are generally key personnel assigned by BASIN to a project with the twin objectives of providing direct Principal involvement as well as "hands-on" managers and professionals committed to working with our clients. COLIN I. BUSBY (President) Ph.D., Anthropology, University of California, Berkeley (23 years with firm) Project Principal Investigator/Senior Project Manager 27 years cultural resources management experience involved with all aspects of cultural resource assessment and NEPA and CEQA regulatory compliance. Experience includes the design, direction and execution of the cultural resource components of EISs, EIRs, EAs and other investigations for federal, state and municipal governments, private industry, land developers, the military and the scientific community in the western United States. Specialties include program management, contract and financial administration, client, discipline specialist, Native American and general public liaison, editing and report production, regulatory agency coordination, research design formulation, Section 106 compliance and field project implementation and direction. Dr. Busby has either acted as the Principal or co-Principal Investigator/Project Manager for over 600 cultural resource assessments, mitigation programs and regulatory compliance programs associated with land development, water resources and wastewater management, energy BASIN RESEARCH ASSOCIATES development, mining exploration and urban development throughout northern and central California and Nevada. DONNA M. GARAVENTA Ph.D., Anthropology, University of California, Berkeley (24 years with firm) Senior Research Scientist/Technical Project Manager 26 years experience in all aspects of cultural resource assessment/management and NEPA and CEQA regulatory compliance. Experience includes design, direction and execution of cultural resource projects for the federal government, state and municipal agencies, private industry, land developers, the military and the scientific community in California and Nevada. Specialties included literature/archival research, records management, prehistoric and historic material culture studies, collections management, historic architectural research and evaluation, Section 106 compliance and focused research on Native Americans and Chinese peoples of California. Dr. Garaventa has acted as Senior Research Scientist and Project Manager for over 400 cultural resource assessments, mitigation programs and regulatory compliance programs associated with land dex~elopment, water resources and wastewater management, energy development, mining exploration and urban development throuo=ahout northern and central California and Nevada. STUART A. GUEDON M.A. Geography (Historical), California State University, Hayward (20 years with firm) Archaeologist/Assessment Specialist/Graphics/Geographer 24 years experience in cultural resource assessment/management and NEPA and CEQA regulatory compliance. Mr. Guedon is an experienced historical geographer with expertise in California and Great Basin archaeology and geography. He presently serves as a Field Supervisor, Supervisory Archaeological Monitor, Assessment Specialist and Research Cartographer. He has supervised small scale inventories and archaeological monitoring programs, participated in site testing programs and extended data recovery projects in California and Nevada and conducted focused, project specific research to obtain historic background materials and cartographic information. Prior to his employment with Basin Research Associates, Mr. Guedon worked with many other cultural resources firms throughout California gaining wide experience within the state. Mr. Guedon has contributed to over 180 manuscripts and reports including site assessments, historic bridge inventories and evaluations and National Register evaluations. His research interests span the disciplines of archaeology and geography and include historic cartography, industrial archaeology, settlement patterns, urban and rural development, land tenure, architectural history, vernacular architecture, transportation development and population migration. BAS1N RESEARCH ASSOCIATES MELODY E. TANNAM (Vice President) M.C.P./M.L.A. joint degree, In Progress, University of California, Berkeley Emphasis in Environmental Planning (expected December 2003) B.A. Anthropology/Geography, University of California, Berkeley (24 years with firm) Historic Preservation Planning/GIS/Graphics/Asxessment Specialist/Project Management 25 years experience in cultural resource assessment/management, graphics and project administration. Ms. Tannam is a multi-talented, experienced archaeologist and physical anthropologist with expertise in California and Great Basin archaeology and osteology. She is presently completing the requirements for a dual Master's degree in City Planning and Landscape Architecture with an emphasis on historic preservation in environmental planning. Ms. Tannam presently serves as a Field and Graphics Supervisor, assistant Laboratory Supervisor and Lead Human Osteologist as well as implementing project administration. She has participated in numerous small-scale inventories, site testing programs, archaeological monitoring and extended data recovery projects in California and Nevada and elsewhere. Prior to her employment with BASIN, she worked for the Department of the Environment in London, England on numerous archaeological projects either in the field or in the laboratory. Additional work experience has included digital cartographic editing, map production, drafting and aerial photographic analysis and GIS research. Ms. Tannam has contributed to over 175 manuscripts and reports. Her research interests span the disciplines of archaeology, physical anthropology, geography and planning and include California and Great Basin archaeology, human osteology, American material culture, photogrammetry and remote sensing, landform analysis including cultural landscapes, and cartography as well as the use of GIS in historic preservation. SPECIALTY SUBCONTRACTORS Retained as appropriate for project. BASIN maintains excellent working relationships with a select group of discipline professionals including architectural historians, paleontologists, soil scientists, scientific and technical photographers, and so on. BASIN RESEARCH ASSOCIATES RESOLUTION NO. -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING CONTRACT AGREEMENT WITH CONSULTANT FOR THE RESOURCE MANAGEMENT PLAN WITHIN THE EASTERNDUBLIN PROPERTIES OWNERS ANNEXATION AREA WHEREAS, a General Plan and Specific Plan Amendment Study was initiated by the City on behalf of the Eastern Dublin Property Owners for 1,120 acres located generally east of Fallon Road to the city limits and north of Highway 580, comprising thirteen parcels in eleven separate ownerships; and WHEREAS, on May 10, 1993, the City Council certified a program Environmental Impact Report ("EIR") for the Eastern Dublin GPA/SP Project and an addendum thereto, dated May 4, 1993 (SCH 91103064). On August 22, 1994, the City Council approved another addendum to update plans to provide sewer service. The May 10, 1993 program EIR, the May 4, 1993 addendum and the August 22, 1994 addendum are collectively referred to as the Eastern Dublin EIR; and WHEREAS, the Project is consistent with the type, location and density of land uses approved through the 1993 Eastern Dublin GPA/SP Project. All mitigation measures adopted for the GPA/SP Project continue to apply to implementing projects such as the current PD Prezone; and all applicable City development ordinances and standards apply to the Project except as otherwise approved through the Project prezoning and related Stage 1 Development Plan; and WHEREAS, upon approval of the Eastern Dublin GPA/SP Project, the City Council adopted mitigation findings, a statement of overriding considerations, and a mitigation monitoring program as set forth in Resolution 53-93, included in the Revised Draft Supplemental EIR referenced below; and WHEREAS, the City completed an Initial Study for the Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Supplement to the Eastern Dublin EIR ("Supplemental EIR") was required in order to analyze substantial changes in circumstances and new information since certification of the Eastern Dublin EIR. A Notice of Preparation dated May 25,2001, was circulated with the Initial Study to public agencies and interested parties for consultation on the scope of the Supplemental EIR; and WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City prepared a Draft Supplemental EIR, followed and superseded by a Revised Draft Supplemental EIR dated January 2002 and consisting of two bound volumes (SCH 2001052114). Volume 1 contains the Revised Draft Supplemental EIR text; Volume 2 contains appendices, including the Notice of Preparation and Initial Study; and WHEREAS, the Revised Draft Supplemental EIR was circulated for the required 45-day public review period, from January 15, 2002 to March 1, 2002. Responses to comments on the Revised Draft Supplemental EIR were prepared and compiled in a Revised Final Supplemental EIR. The Revised Draft and Final Supplemental EIRs were certified by the City Council as the Supplemental EIR for the Project on April 2, 2002 in Resolution XX-02; and ATTACHMENT 2 WHEREAS, the Revised Draft Supplemental EIR contains Mitigation Measure SM-BIO-1 that requires the preparation of a Resource Management Plan for the entire 1,120-acre property prior to the approval of any subsequent development; WHEREAS, the Staff requires additional professional services from qualified consulting firms to prepare the Resource Management Plan; and WHEREAS, the firm Wetlands Research Associates, Inc is qualified and capable of preparing the Resource Management Plan as described in the Scope of Services in Exhibit A of the Consulting Services Agreement (Attachment 3 of the July 1, 2003, Agenda Statement) between the City of Dublin and Wetlands Research Associates. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin hereby approves the contract agreement for consulting services with Wetlands Research Associates, Inc. and authorizes the City Manager to negotiate and execute the contract, in the amount not-to-exceed $167,708. PASSED, APPROVED AND ADOPTED this 1 st day of July, 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk GSPA#L2002\02*057 Resource Mgmt\CC Reso Awarding WRA.doc ATTACHMENT 2 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND Wetlands Research Associates, Inc THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Wetlands Research Associates, Inc ("Consultant") as of July 1, 2003. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on July 30, 2004, and Consultant shall complete the work described in Exhibit A prior to the date specified in Exhibit A, 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 $167,708, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 1 of 13 ATTACHMENT 5 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. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 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. Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Reseamh Associates, Inc Page 2 of 13 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. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed four thousand and ninety dollars ($4,090.00). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs 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. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactow 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 Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 3 of 13 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. 4.2.2 Minimum scope of covera,qe. 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 Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 4 of 13 Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. 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. 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. 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. Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc Page 5 of 13 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc Page 6 of 13 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 herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 7 of 13 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 contraw, 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. 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. Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 8 of 13 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc Page 9 of 13 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 Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 10 of 13 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc Page 11 of 13 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 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 the Community Development Director or their designee ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Thomas E. Fraser 2169 East Francisco Blvd. Suite G San Rafael, CA 94901 Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 12 of 13 ~UN-~4-~00~ 0~:~0 ~d~TLANDS R~S~ARCH 41~ 454 01~9 P~0~/0~ Any written notice to City shall be sent to; Eddie Peabody', Cornmunity Development Director 100 Civic Plaza Dublin, CA 94568 10,11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with repoffJdesign responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Int...~.~gration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A and Exhibit B, represents the entire and integrated agreement between City and Consultant and supersedes ail prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN CONSULTANT [NAME, TITLE] ~Y -~- Thomas E~. Fraser, Pr~cipal ~ Attest: Kay Keck, City Clerk Approved ss to Form: Elizabeth H. Silver, City Al~omey Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc Page 13 of 13 TOTAL P.02 JUN-24-200~ 02:22PM TEL]41S ~S~ 0129 ID]CITY OF DUBLIN PAGE:002 E=100~ EXHIBIT A SCOPE OF SERVICES Wetlands Research Associates / Zander Associates / Hydro Science / Basin Research Associates SCOPE OF WORK Revised dune 23, 2003 1. Orientation Tour WRA and HydroScience will tour the Eastern Dublin properties study area with the City and landowners' consultants to assess the current conditions on the site in order to verify the findings presented in the existing biological and physical resource studies which will be reviewed by the Team. During the tour, the Team will focus on significant site features, including vegetation communities, potential special status species habitat, wetlands and creeks and riparian areas, distinct topographic features, and disturbed areas. 2. Review Provided Maps The Team will review all existing maps and ortho-rectified aerial photographs of the Eastern Dublin properties provided by the City, including topographic maps, current and historic aerial photographs, biological resource maps, soils and geology maps, hydrologic feature maps, roads and utilities maps, and any other relevant regional maps that may be useful to fully characterize known and potential site resources. 3. Conduct Peer Review of Existing Biological Resource Studies WRA and Zander Associates will thoroughly review all existing biological resource studies for the Eastern Dublin properties, including EIR-related studies, independent property assessments and surveys, and other applicable biological resources. The Team will also review any relevant biological studies from the project site vicinity, if necessary, to fully characterize site conditions, constraints, or habitats. Following review of existing maps, studies and the site visit, and following discussions with appropriate involved agencies, the Team will determine if the existing biological studies are sufficient, complete, accurate, and all appropriate survey protocols have been followed. If not, additional studies may be recommended in order to fully characterize the resources in the study area as necessary to prepare the Resource Management Plan. Reasons for recommending additional studies may include use of incorrect or incomplete survey methods during previous studies, insufficient detail of collected data during previous studies, a lack of comprehensive studies conducted on a property or portion of the site, or unacceptability as determined by a relevant agency. Interim Work Product: A memo to the City recommending any additional studies deemed Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc. Page 1 of 12 necessary by the Team following a review of the site, existing maps, and studies. 4. Perform Certain Biological Resource Studies Several special status species studies have been conducted on parcels adjacent to the Jordan Property, including California red-legged frog, California tiger salamander, vernal pool crustacean surveys, kit fox evaluations, burrowing owl assessments and burrow surveys, and rare plant surveys. In addition, Zander Associates completed surveys for the California red-legged frog on the Jordan Property. These studies have determined that California red-legged frogs occur on and adjacent to the Jordan Property, and that California tiger salamanders are likely to occur on the Jordan Property. The biological resources studies to be performed on the Jordan Property will include an assessment of the habitats present within the Jordan Property Study Area to determine their potential to host special status species recorded from the East Dublin vicinity. This will include a review of existing information on habitat that may support federal or state endangered or sensitive plant and animal species within the site and vicinity, including the studies discussed above. During the site visit, the entire site will be traversed on foot and the habitat assessed to determine suitability for special status species. Concurrently, visual surveys for special status species will be conducted. Potential raptor nesting areas will be evaluated and mapped during the wildlife assessment, but specific raptor nesting surveys are most appropriate as a pre- construction work task. Following the assessment, the following focused studies will also be conducted on the Jordan Property: 4.a. Rare plant surveys will be conducted during three properly timed site visits which will correspond to the peak blooming times of the special status plant species recorded from the site vicinity. WRA staff will determine the presence or absence of special status plant species on the Jordan property, and quantify abundance and distribution of special status plant populations if present on the site. WRA staff have experience conducting botanical surveys and have prepared mitigation measures for potential project impacts that have been accepted by regulatory agencies. Based on results from adjacent parcels, it is expected that plants such as San Joaquin spearscale (Atriplex joaquiniana) and Congdon's tarplant (Centromadia .parryi ssp. congdonii) may be present on the site. Prior to the first rare plant survey site visit, WRA will review the latest information from the California Natural Diversity Data Base and the existing East Dublin Resource Management Plan Studies (Sycamore Associates, 2003) to compile a list of potential special status plant species for the site. The field survey for special status plants will use a floristic survey protocol following the guidelines established by the California Native Plant Society (2001) and California Department of Fish and Game (Nelson 1994) and USFWS guidelines (USFWS 1996). Locally experienced botanists will conduct the survey. During the plant survey, every plant species noted will be identified to the extent necessary to determine whether it is Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc. Page 2 of 12 rare or endangered. A plant species list will be maintained for the entire Jordan parcel. A CNDDB Native Species Field Survey Form, including GPS data and a map, will be completed for each special status plant species occurrence located, and submitted to the City. Photographs will be taken of any special status plant species found. WRA recommends April, July, and September surveys within the site. Botanical Survey Report. A botanical survey report will be prepared at the completion of the botanical survey using information derived from the literature search and from the field surveys. This report will be included in the Jordan Property Biological and Physical Resource Summary Report. The report will include findings based on field surveys, mapping on project maps and 7.5-minute USGS topographic maps showing the location of any special status plant populations found, and detailed discussion of any special status plants observed in terms of population size, habitat requirements, and endangerment factors. The report will include copies of all completed CDFG California Native Species Field Survey Forms for each special status plant population found. Photographs of any special status plant species found on the site will be submitted to the City with the final report. 4.b. California tiger salamander (CTS) surveys will be performed on the Jordan Property according to the California Department of Fish and Game (CDFG) Survey Protocol for California Tiger Salamander (Ambystoma californiense) (dated September 1997). These surveys will include two consecutive years of nocturnal and aquatic surveys within potential CTS habitat on the Jordan Property. WRA will prepare a report summarizing results that will be suitable for submission to CDFG. The report will include all relevant background information, survey findings, and mapping of sightings and potential habitat. Information from the first year of surveys will also be summarized in the Jordan Property Biological and Physical Resource Summary Report. 4.c. Burrowing owl habitat assessment and burrow surveys will be conducted on the Jordan Property according to the protocol outlined by the California Burrowing Owl Consortium's Burrowing Protocol and Mitigation Guidelines (1997). A summary, of the results, including a map of sightings and potential habitat, will be included in the Jordan Property Biological and Physical Resource Summary Report. 4.d. San Joaquin Kit Fox early evaluation will be conducted on the Jordan Property according to the protocol outlined by the U.S. Fish and Wildlife Service San Joaquin Kit Fox Survey Protocol for the Northern Range (1999) and the California Department of Fish and Game, Region 4's, Approved Survey Methodologies for San Joaquin Kit Fox (1989). A summary of the results, including a map of sightings and potential habitat, will be included in the Jordan Property Biological and Physical Resource Summary Report. 4.e. Vernal Pool Invertebrate habitat assessment will be conducted on the Jordan Property during the 2003-2004 wet season to determine the presence and extent of wetland habitat suitable to support special status branchiopods. A summary of the results, including a Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc.. Page 3 of 12 map of sightings and potential habitat, will be included in the Jordan Property Biological and Physical Resource Summary Report. If suitable habitat is determined to be present on the Jordan Property, Optional Task 4.f. below may be authorized by the City of Dublin at an additional cost (see budget). 4.f. * Vernal Pool Invertebrate Surveys (Optional)will be conducted on the Jordan Property according to the protocol outlined by the U.S. Fish and Wildlife Service (1996). This protocol requires dipnet sampling for special status branchiopods in all suitable habitat on the property every two weeks during the wet season for two consecutive years. A summary of the results, including a map of sightings and potential habitat, will be included in a separate report. Information from the first year of surveys will also be summarized in the Jordan Property Biological and Physical Resource Summary Report. This optional task will only be conducted following authorization from the City of Dublin at an additional cost (see budgeO. Additional studies on other Eastern Dublin properties are not currently anticipated. Any costs related to potential additional studies that may be necessary are not included in this proposal and would be negotiated later with the City. Interim Work Product: Two Jordan Property Biological and Physical Resource Summary Reports will be prepared and submitted to the City. One report will summarize the findings of the CTS surveys in a format suitable for submission to CDFG. The second report will discuss results of the habitat assessment, rare plant surveys, burrowing owl survey, kit fox evaluation, vernal pool invertebrate assessment, and physical resource information (see section 7 below) and will contain an introduction, general site description (including habitat definitions and identification of individual properties), a timeline of studies conducted on the site, a separate discussion of each resource summarizing all appropriate existing and new studies with references to the accompanying map, and conclusions. All of this information will be included on the biological resource maps prepared for Item 6. 5. Review Existing Plans and Policies Following a review of the biological, physical, and cultural resources present on the site, WRA, Basin, and Zander Associates will review existing plans and policies to determine their relevance to these resources and to identify any corresponding management actions which may be recommended or required under these plans. Such plans will include Dublin city ordinances, city general plan and specific plan, Alameda County ordinances, and other regional planning documents. 6. Prepare Comprehensive Biological Resource Mapping WRA will compile the biological site information obtained from reviewing the existing studies, maps, and aerial photographs (current and historic), and from additional studies conducted by the Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc. Page 4 of 12 Team on the Jordan property. This information will be presented on three large-scale maps clearly depicting the location and extent of resources identified on the site. The three maps will cover (1) vegetation communities and special-status plant species populations locations, (2) special-status wildlife species locations and potential habitat, and (3) jurisdictional wetlands and waters. The base map for these three mapping products will be a topographic map and/or a current ortho-rectified aerial photograph. The maps will be created in ArcView version 8.1. The maps will be produced using a layout and style that will seamlessly integrate with existing City resource maps for the site. Please refer to the previously submitted (November 2002) work product samples for a demonstration of WRA's mapping and graphics capabilities. Final Work Product: Three biological resource summary maps for the Eastem Dublin properties, for submission to the City (3 copies each). 7. Review, Evaluate, and Map Hydrology, Geology, Engineering, and Cultural Resource Information 7.a. Physical Resources. Hydro Science will review all existing physical studies and maps for the Eastern Dublin properties, including hydrologic conditions discussed in the City of Dublin Master Drainage Study for Dublin Ranch, independent property geologic assessments, and slope analyses. The evaluation and mapping of this information will be used in the development of the RMP. Following review of these studies, Hydro Science will determine if the existing studies are sufficient, complete, and accurate. If not, additional studies may be recommended in order to fully characterize the physical resources on the site as necessary to prepare the Resource Management Plan. Although additional physical studies on the Eastern Dublin properties are not currently anticipated, any costs related to potential additional studies that may be necessary are not included in this proposal and would be negotiated later with the City. In addition, Hydro Science will conduct a reconnaissance-level study and analysis of the geotechnical, soil and hydrologic characteristics of the Jordan property. This information will be presented in the Jordan Property Biological and Physical Resources Summary Report (see Section 4 above). 7.b. Cultural Resources. Basin will review existing cultural resources conditions from the General Plan Amendment and Specific Plan Studies as related to potential site development. Previous research suggests that the area has a moderate'sensitivity for cultural resources including prehistoric Native American resources and the possible presence of historic buildings and structures associated with early agriculture, commerce and transportation that appear to be eligible for both the National Register of Historic Places and the California Register of Historical Resources. In addition, there is a potential for a rural historic landscape/view sheds. The cultural resources tasks associated with the RMP include a data compilation effort including a review of existing data, collecting new data as needed and documenting and mapping the information for use in various planning maps. The expected work product is a Cultural Resources Report which will serve as a written summary of existing conditions within the study area, identify constraints that may affect future use and recommendations/mitigation measure revisions for future project development. BASIN will develop a work schedule in consultation Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc. Page 5 of 12 with the client and project management team. It is anticipated that at least several months will be required tO obtain and integrate the archival data for use in the field review and report compilation. Discipline specialists meeting the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738-44740) and the California Office of Historic Preservation requirements will be responsible for conducting the research, completing the field review, and preparing the report. Cultural Resources Study Work Plan The proposed work plan has three elements. Element 1 is the archival and literature identification effort which will focus on compiling, analyzing and mapping existing data in the RMP area. Element 2 is a broad field review of the CVSP area by cultural resources specialists to identify potential new data and analysis requirements. Element 3 is the completion of the cultural resources section of the RMP including conclusions and management recommendations/mitigations. Element 1 - Data Compilation: Element 1 will focus on obtaining and reviewing archival data and literature to develop information on recorded and listed archaeological resources and historic properties within the CVSP area. This will include reviews of previous documents and environmental compliance documents on file with the city and land owners; a "search" by the California Historical Resources Information System, Northwest Information System of the project area, a review of information on file with Basin Research Associates for the project area, and consultation/coordination with other parties including Native Americans and local historical societies as required. It is assumed that the City of Dublin will provide GIS map data in an ArcView format (i.e. SHP files, data layers, links to property parcel data, etc.) for use by Basin Research Associates to enhance with the ultimate objective of providing a cultural resources "layer" for use by the City and other consultants. Requests for data/information letters will be sent to the Native American Heritage Commission, local historical societies/interested persons identified by the City of Dublin and to local Native Americans. For the built environment, Basin Research Associates plans to consult with the Alameda County Planning Department team that is conducting a county-wide inventory of historic buildings and structures. It is assumed that public outreach (notiCes, scoping, etc.) will provide an opportunity to obtain additional information from the public and other parties. The collection of new data (i.e., archaeological and historic inventory of areas not previously subject to inventory; updating of previous site records for existing properties, etc.) is not anticipated. Element 2 - Field Review: A field review by the team's cultural resources specialists, Dr. Colin I. Busby (Archeology), and Ms. Melody Tannam (GIS/Preservation Planner) is anticipated to review areas identified as sensitive for resources based on archival data and review areas that may be sensitive for potential resources based on existing information. Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc. Page 6 of 12 Element 3 - Report: Element 3 is the presentation of the existing setting and constraints in a Cultural Resources Report based on the archival research, field review and data analysis. This will include setting/background context (e.g., prehistory, history), existing data review, preliminary field review observations on the setting and historic properties in the RMP area, and development of conclusions and management recommendations. Special graphics, and attachments will be completed as appropriate. It is anticipated that the City and other parties will review the report section and provide comments. It is anticipated that at least one DRAFT and a FINAL report will be required. Interim Work Product: Draft and Final Cultural Resources Report for the Eastern Dublin Properties. 8. Prepare Constraint and Opportunity Maps Using the previously prepared Resource Summary Map, constraints and opportunities maps will be prepared that clearly show areas within the site that support sensitive resources, as well as areas for potential restoration or development. A. Three constraints maps will be developed that will depict the location and extent the issues present on the Eastern Dublin properties: (a) biological resources, such as occupied special status species habitat, jurisdictional wetlands or waters, riparian zones; (b) physical and geologic resources and constraints, such as significant groundwater conveyance routes, floodplains, and slopes; and (c) cultural resources and utilities and easements~. Each constraint will be represented by a uniquely colored shaded or hatched polygon overlaid onto a topographic map and/or ortho-rectified aerial photograph. The density of the shading or hatch pattern will reflect the significance/restrictiveness of the constraint related to its regulatory context (i.e. conflict with federal Endangered Species Act, conflict with Clean Water Act, conflict with City General Plan, development hazard, etc.). Using this method, the location and extent of each constraint will be clearly visible and easily quantified (by calculating acreages automatically), as well as depicting its severity regarding development restrictions. Areas where multiple constraints exist will be shown as overlapping polygon regions. B. Using the constraint maps and information from the Resource Summary Map, three opportunities maps will be developed that will depict the areas within the site that are suitable for development. The opportunities maps will reflect three hypothetical development scenarios in which high, moderate and low amounts of onsite resource conservation will be shown. In addition, areas which may not support a sensitive resource but have the potential to be restored and managed as such (i.e. potential special 1 It is assumed that digital map information regarding site utilities and easements will be provided by the City. Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc. Page 7 of 12 status species habitat, wetlands, sensitive vegetation communities) will be identified as such and will be shaded or hatched in a way that depicts its degree of restoration potential/significance (i.e. proximity to existing or occupied habitat, unique physical characteristics that would facilitate resource development). Areas that are suitable or desirable for recreational use (i.e. trails) and water quality enhancement (i.e. storm water basins) will also be identified on the opportunities map. Interim Work Product: Three draft constraint maps and three site opportunities map for submission to the City. 9. Prepare an Administrative Draft RMP The Team will apply the constraints and opportunities maps to the three hypothetical development scenarios, as directed by the City, and the potential impacts, mitigation and resource management anticipated under each development scenario will be addressed in the ADRMP. It is anticipated that areas outside of the development area will be collectively referred to as the Preserve, and the management or restoration of each sensitive resource located within the Preserve will be addressed separately in the ADRMP. Management activities on the Preserve will focus on the priorities identified in SM-BIO-l: special status species and sensitive vegetation communities. Other resources, such as cultural resources, will be managed in a way that is consistent with the management of the priority biological resources and with applicable policies. Management of special status species and vegetation communities will be prioritized according to their listing status (i.e. federal listed species at the highest priority, state listed species with the next highest priority, federal and state candidate species next, federal and state species of concern next, etc.); however, any conflicting management activities will need to be addressed in the ADRMP or through an adaptive management plan such that any impacts to other sensitive species or communities are identified and remedied early. For each special status species and sensitive vegetation community present on the site, a detailed discussion will be presented in the ADRMP, including: general description (identifying biological/compositional characteristics, life history and requirements, regional distribution, regulatory status); discussion of presence on the site (including current and historic location and extent) and potential unoccupied habitats on the site, with detailed maps; discussion of potential impacts per the site EIRs and per the potential development area determined through discussions with the City and landowners; discussion of applicable regulatory policies and requirements; discussion of proposed avoidance, preservation, mitigation and/or restoration efforts and methods as permitted according to the regulatory policies; description of performance criteria and monitoring methods to assess the success of restoration and management actions and to facilitate early identification and resolution of problems through an adaptive management plan. All proposed management and monitoring methods will reflect the most current and scientifically researched information available to the Team, such as other regional studies, research papers from scientific journals, species recovery plans prepared by agencies (USFWS), and other widely accepted restoration and management plans for sites within the local region. Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc. Page 8 of 12 In addition to the detailed information for each of the above-mentioned resources, the ADRMP document will also include: (1) a statement of purpose and goals, (2) a site description (including historic and current biological, physical, cultural issues on and in the vicinity of the site), (3) an Integrated Stormwater and Runoff program, (4) a Fire and Vegetation Management Program, (5) an Integrated Pest Management Plan, (6) a Greenway and Wildlife Corridor Management Plan, (7) criteria for selecting offsite mitigation areas, (7) CTS relocation guidelines, (8) a discussion of general preserve management activities (i.e. fences, signage, non-native species control), (9) a discussion of long-term management, (10) a schedule of proposed annual Preserve management activities, and (11) a cost analysis for annual implementation of the ADRMP and an assurance of funding for implementation and maintenance of the ADRMP (including a preliminary PAR analysis to outline the Preserve management activity costs as a basis for determining funding levels). Some of the above-mentioned RMP components may incorporate existing plans prepared by the landowners' consultants, following a detailed review by the Team. The ADRMP will contain GIS-based maps which clearly and accurately depict the Preserve areas and other site features, such as species populations and vegetation communities, discussed in the ADRMP. Interim Work Product: Administrative Draft Resource Management Plan for submission to the City and landowners (12 hard copies - one for each landowner and the City). 10. Prepare a Draft RMP Following review of the ADRMP by the City and landowners, the Team will address comments and revise the document accordingly, to prepare the Draft RMP. Interim Work Product: Draft Resource Management Plan for submission to the City, landowners, and appropriate local, state and federal resource agencies (22 hard copies - one for each landowner, the City, and additional copies for agencies). 11. Preparation of Final RMP Following review of the ADRMP, the Team will address comments made by the agencies, City, and landowners and will revise the document accordingly, which will become the Final RMP. Final Work Product: Final Resource Management Plan for the Eastern Dublin Properties for submission to the City (5 hard copies, 1 digital copy). 12. Coordination with City and Landowners Regular communication and coordination with the City and landowners will play a vital role in the development of the RMP. Bi-monthly meetings2 (as necessary from July 2003 through March 2004) will provide many opportunities for the Team to present information, to discuss site 2 All meetings are assumed to be no more than 5 hours in length, which includes travel time to the meeting. Consulting Services Agreement between July 1,2003 City of Dublin and Wetlands Research Associates, Inc. Page 9 of 12 constraints and oppOrtunities, and to develop preserve management goals. The Team understands that the City and landowners have a large investment and interest in the success of the RMP and in securing the best possible balance between resource preservation, restoration, and site development. Specific meetings will coincide with the submission of major work products, such as the ADRMP. When possible, one principal each from WRA (Tom Fraser) and Zander Associates (Leslie Zander) will attend each of these meetings. 13. Interagency Meetings Regular interaction and discussions with relevant federal, state, and local agencies from the beginning of the RMP development process will be vital to its success. The Team will maintain regular communication with appropriate agencies (through meetings, phone calls, emails, faxes), as approved by the City, to encourage a solution-oriented and cooperative environment between the City, landowners, and agencies which will allow for a successful and timely completion of the RMP2Preparation process. For purposes of this proposal, it is assumed that three interagency meetings will occur beginning in July 2003 and ending in March 2004. One of these meetings will be scheduled to coincide with the submission of the Draft RMP. The Team will provide information materials and graphics as needed for each of these meetings. 14. City Council Meetings To facilitate input from City representatives, the Team will attend up to three Dublin City Council meetings3 to discuss issues relating to the development of the RMP. It is anticipated that the first meeting will occur in November 2003 following completion of the Constraints and Opportunities maps; the second meeting will occur in January 2004 following completion and City review of the ADRMP; and the third meeting will occur in March 2004 when the Team will present the Final RMP for adoption by the Council. 3 All City Council meetings are assumed to be no more than 6 hours in length, which includes travel time. Consulting Services Agreement between July 1, 2003 City of Dublin and Wetlands Research Associates, Inc. Page 10 of 12 ~ ool Estimated Budget for the Eastern Dublin Properties Resource Management Plan ,.<~ Prepared by: Wetlands Research Associates, Inc./Zander Associates/HydroScience/Basin Research Associates o 1~3 ~ RATE SCHEDULE ~, r.~ ~.~ Effective January 201 ~-": ~O3 T. Fraser $105 ~ ~. M. Josselyn $18(3 Cz. ~ Zander Associates (sub $11(3 :~ 03 HydroScience (sub) $9~ CD ~ J. Dreier $9C ~--~('D S. Lucas $8~ c~. CD Technicians $7E 03 ~ Budget Prepared: May 19, 2003 (revised June 23, 2003) CD ESTIMATED COST ~' Time Assignment in Hours .............................................. Expenses Total Task O ~> c~ Task Description TF MJ ZA HS JD SL Technicians Totals O ITl c3. 1. Orientation tour 6 6 6 .. $100 $1,714 $1,714 Z ~ 2. Review provided maps 4 2 2 '4 $1,004 $1,004 (/~ ITl ~' 3. Conduct peer review of existing biological resource studi( 2 8 6 6 8 $2,706 $2,7(~6 ~> X 03 4. Perform biological resources studies- Jordan property* $30,343 ---I '1- ~-' 4a. Rare plant surveys ' 2 8 48 $125 $4,383 O c3 4b. CTS surveys 80 96 $300 $14,220 Z ~--I 4c. Burrowing owl assessment and burrow survey 16 '24 $~ $3,170 4d. San Joaquin Kit Fox evaluation 22 10 $50 $2,73(; 4e. Vernal pool invertebrate habitat assessment 2 78 $200 $5,84(; ITl 5. Review existing plans and policies 2 2 2 2 16 - 8 $2,732 $2,732 6. Prepare comprehensive biological resource mapping 4 '4 2 8 60 $175 $6,103 $6,10.~ 7a. Review hydrology, geology, and engineering information 1 36 4 ' 5 $4,152 $1'4,37,~ r'- 7b. Develop'additional cultural resource information** $10,222 $10,222 8a. Prepare constraint maps 4 1 2 4 2 § 60 $100 $6,36(:; $12,72£ 8b. Prepare oppodunities map 4 1 2 4 2 8 60 $100 $6,36£ 9. Prepare Administrative Draft RMP 24 5 ~4 ' 24 10 60 80 $40(3 $20,35.c $20,35: 10. Prepare Draft RMP 10 10 10 5 16 40 $40(3 $8,10E $8,106= 11. Prepare Final RMP 8 5 8 2 16 30 $60(3 $6,39£ $6,390 12. C0erdination with City and landowne~ (bi-weekly) 60 60. 10 20 . $7~i: $16,30£ $16,300 13. Interagency meetings (maximum of 3 meetings) 12 6 18 6 12 .. 40 $50(; $9,21£ $9,210 14. City Council meetings (n,~aximum Of 3 m~etings). 12 6 18 6 6 6 $24(; $6,174 $6,174 Total Hours 144 19 154 120 165 196 651 Total Expense $14,312 Estimated Total Cost $138,228 ~3)-0 [4f. Vecnal pool invertebrate surveys (Optional) 300 24 $8001 $29,480[ $29,480] (.c3 ~ Total Hours with Optional task 4f 144 19 154 120 465 196 675 CD ~. Total Expense with Optional task 4f $15,112 '-~ - Estimated Total Cost with Optional task 4f $167,708 ~.~ o I',O Oco * Costs related to any additional studies, if necessary on Jordan property or elsewhere, wili be negotiated with the City as an out-of-scope item · * See separate budget for Basin Research Associates cultural resource studies work including cultural constraint map ~,,~ Estimated Schedule for the Eastern?ublin Properties Resource Management Plan ~' ~1 20°4 = ;~---- Task Name ,Jul Q) co ~ IASK m ~' 1. Orientation Tour: :~- r~ 2. Review Provided Maps: o Peer Review Existing Biological Resources Studies: ~' 4. Perform Biological Resources Studies; o 5. Review Existing Plans and Policies: 6. Prepare Comprehensive Biological Resource Maps: 7. Review Hydrology, Geology, Cultural Information: 8, Prepare Constraints and Opportunities Maps: 9. Prepare ADRMP: 10. Prepare DRMP: 11. Prepare FRMP: 12. Coordination with City and Landowners: -(3 Interagency Meetings: ~o -"-'(~ ~ 14. City Council Meetings: O' hO --~ O - Task Timel'rame ~ Work Product (~ Meeting ~1~ . Wetlands Research Associates, Inc. / Zander Associates ~Hydro Science / Basin Rexerch Associates