HomeMy WebLinkAboutItem 4.06 ECoGovtCntrJuvHallEIR CTTY CLERK FILE #600-30
AGENDA STATEMENT
CTTY COUNCTL IqEETTNG DATE: May 21., 2002
SUBJECT: Agreement with Jerry Haag to conduct a review and prepare
comments on the Draft and Final versions of the Environmental
Impact Report/Environmental Impact Statement for the proposed
East County Government Center and Juvenile Justice Facility.
Report Prepared by: Kristi Bascom, AssOciate Planner
ATTACHMENTS: 1. Resolution awarding the Contract to Jerry Haag
2. Consultant Agreement (Exhibit A Scope of Work)
RECOMMENDATION: 1. Adopt Resolution approving Consulting Agreement and
.~..--,'~ Scope of Work with Jerry Haag
2. Authorize the Community Development Director to sign on
behalf of the City.
FINANCIAL STATEMENT: Financial impact of the scope of work is anticipated to be $321260,
the proposed budget amount. The scope of work does not include
the cost of legal review and analysis of the documents, which would
be conducted by the' City Attorney. Should additional work be
required, hours will be billed at the rates included in the proposal.
However, no additional work will be done without the authorization
of the Community Development Director. No budget expenditures
are expected this fiscal year, but will be incurred in FY 2002-2003.
DESCRIPTION:
Over the past several months Alameda County has been preparing a environmental analysis of the
proposed East County GOvernment Center and Juvenile Justice Facility to be located on Gleason Road
between Arnold and Madigan Roads. In February 2002 the County held two scoping workshops to
introduce preliminary plans to the community and affected agencies and to solicit comments on the
proposal. Using the information gained from public and agency input, the County is currently involved in
preparing a Draft Environmental Impact Report (DEIR) and Draft Environmental Impact Statement
(DEIS) which will examine the environmental impacts of the proposed project. The DEIR/DEIS is
anticipated to be released this summer.
According to the Califomia Environmental Quality Act (CEQA), the City of Dublin is a Responsible
Agency for the proposed East County Government Center and Juvenile Justice Facility. In this capacity,
the City of Dublin is required to comply with CEQA by considering the EIR/EIS that is being prepared by
the lead agency. Prior to acting on the Site Development Review application, which is anticipated to be
submitted in the next couple of months, the City of Dublin shall consider the environmental effects of the
COPIES TO: Consultant
In House Distribution
G:\CONTRACTS\StaffReport and Contract for Jerry Haag - DEIR Juvenile Hall Consultant.doc ~ L f
ITEM NO.
project as shown in the EIR/EIS. The City will also be required to make findings with respect to feasible
mitigation measures and alternatives. Specifically, CEQA guidelines section 15096(g)(2) states that
"when an EIR has been prepared for a project, the Responsible Agency shall not approve the project as
proposed if the agency finds any feasible alternative or feasible mitigation measures within its powers that
would substantially lessen or avoid any significant effect the project would have on the environment."
As a Responsible Agency for the East County Government Center and Juvenile Justice Facility project,
the City of Dublin plays an important role and is committed to ensuring that the best interests of the
community are represented. In a February 21, 2002 letter to the County and Department of Justice, the
Community Development Director outlined the City's concerns about the potential impacts of the
proposed project on the health, safety, and welfare of City residents and businesses, including impacts on
public safety of neighboring residents and employees.
Because of the size and scope of the East County Government Center and Juvenile Justice Facility project,
it will be very important that the City conduct a very detailed and thorough review of the Draft
Environmental Impact Report/ Environmental Impact Statement when it is released. Staff met with
several environmental consulting firms to discuss the scope of the project. After these discussions, it was
concluded that Mr. Haag's firm would provide the comprehensive approach to this project that the City
desired.
The enclosed Scope of Work from Mr. Haag includes a critical review of issues ranging from aesthetics to
traffic to the compatibility of land neighboring land uses and the preparation of a comment letter to the
County on how successfully the draft document has addressed these issues. Mr. Haag will do much of the
review himself and will also be sub-contracting to several professionals in their field who will complete a
detailed analysis of traffic, geotechnical and hazardous materials, biological resources, and the economic
and fiscal impacts of the proposed development.
Mr. Haag has prepared and analyzed a number of different environmental documents for the City of
Dublin on previous projects and is very familiar with the City and Eastern Dublin' in particular. Staff
believes that this in depth knowledge of the issues facing Eastern Dublin will be very beneficial when it
comes to reviewing the DEIR/DEIS of the East County Government Center and Juvenile Justice Facility
project.
RECOMMENDATION:
Staff recommends that the City Council to approve the contract with Jerry Haag to conduct the review and
prepare comments on the Draft and Final versions of the Environmental Impact Report/Environmental
Impact Statement for the proposed East County Government Center and Juvenile Justice Facility, based
on his bid amount of $32,260, and authorize the Community Development Director to sign the agreement
on behalf of the City.
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH JERRY HAAG TO CONDUCT A REVIEW AND
PREPARE COMMENTS ON THE DRAFT AND FINAL VERSIONS OF THE
ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT FOR
THE PROPOSED EAST COUNTY GOVERNMENT CENTER AND JUVENILE JUSTICE
FACILITY.
WHEREAS, the City of Dublin is a Responsible Agency for the East County Government Center
and Juvenile Justice Facility project under CEQA; and
WHEREAS, the City of Dublin will need to consider and make a decision on the adequacy of the
Environmental Impact Report/Environmental Impact Statement prior to acting on the project; and
WHEREAS, the City of Dublin has made public the concerns about the potential impacts of the
proposed project on the health, safety, and welfare of City residents and businesses, including impacts on
public safety of neighboring residents and employees; and
WHEREAS, it is important for the City of Dublin to have professionals in their field examining
the pertinent details of the Environmental Impact Report/Environmental Impact Statement to ensure that
the interests of Dublin and its residents are protected; and
WHEREAS, Staff has determined it necessary to seek assistance with evaluating this complex
document; and
WHEREAS, Jerry Haag has demonstrated that both he and his sub-consultants have the best
experience and background to perform said analysis; and
WHEREAS, consultants will only perform work contained in the scope of work for the cost
specified unless given different direction by the Community Development Director or his designee; and
WHEREAS, the costs associated with the environmental review of the docUments will be borne
by the City of Dublin; and
WHEREAS, the contract has been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreement with Jerry Haag.
BE IT FURTHER RESOLVED that the Community Development Director is authorized to
execute the agreements.
PASSED, APPROVED and ADOPTED this 21 st day of May 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Mayor
City Clerk G:\CONTRACTSLReso for Jerry Haag Contract.doc
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND JERRY HAAG
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Jerry Haag ("Consultant") as of May 21,2002.
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 once the Scope of Work is completed. Consultant shall complete the work
described 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
re.quired 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 $32,260,
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
'Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the Only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City
for duplicate services performed by more than one person.
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City of Dublin and Jerry Haag Page 1 of 13
ATTACHMENT 2
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
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.
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,
Consulting Services Agreement between May 21, 2002
City of Dublin and Jerry Haag . Page 2 of 13
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 in the Scope of Work (Exhibit A).
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed $32,260 unless authorized by the Community Development Director. Expenses
not listed in the Scope of Work (Exhibit A) are not chargeable to City. Reimbursable
expenses are included in the total amount of compensation provided under this Agreement
that shall not be exceeded.
2.7 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 satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
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City of Dublin and Jerry Haag Page 3 of 13
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 wdtten
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability .insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per ocCurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.'
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as InsUrance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
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City of Dublin and Jerry Haag Page 4 of 13
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.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
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City of Dublin and Jerry Haag Page'5 of 13
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 commemially 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:VIh
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
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.
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City of Dublin and Jerry Haag Page 6 of 13
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
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
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City of Dublin and Jerry Haag Page 7 of 13
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6~ STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
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City of Dublin and Jerry Haag Page 8 of 13
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 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
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City of Dublin and Jerry Haag Page 9 of 13
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
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
Consulting Services Agreement between May 21, 2002
City of Dublin and Jerry Haag Page 10 of 13
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.
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.
Consulting Services Agreement between May 21, 2002
City of Dublin and Jerry Haag Page 11 of 13
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 Govemment Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer, or employee of City shall have any financial interest in this
Agreement that would violate 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 Community
Development Director ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Jerry Haag
2029 University Ave.
Berkeley, CA 94704
Consulting Services Agreement between May 21, 2002
City of Dublin and Jerry Haag Page 12 of 13
Any written notice to City shaI1 be sent to:
Community Development Director
City of Dublin
1t30 Civic Plaza
Dublin, CA 94568
10.11 tell!!~gLa.~. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and ~"onsultant and sapersedes all prior negotiations,
representations, or agreements, either written or oral.
CITY OF DUBLIN CONSULTANT
Eddie Peabody, Community Development Director Je~t~y Ita~g 0
Attest:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth H. Silver, City Attorney
G:K2ONTRACTS",Staff Report and Contract tbr Je~ry Hang - DEIR Juvenile Hall Consultant. doc
Consulting Services Agreement between May 21, 2002
City of Dublin and Jerry Hang Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
April 1, 2002
Revised May 2, 2002
Ms. Jeri Ram, AICP
Planning Manager
City of Dublin
100 Civic Plaza
Dublin CA 94568
Subject: Proposal- Review of Alameda County Environmental Documentation
Dear Ms. Ram:
Thank you for contacting me regarding assisting the City of Dublin to conduct a thorough
review of the environmental document currently being prepared by Alameda County for a
proposed Justice Center/Juvenile Hall development in the Eastern Dublin area. This project has
been under consideration for over a year now and the City has continued to express a wide
range of concerns to the County. Review of the combined CEQA/NEPA document represents
one the best avenues for making the City's concerns known to the County.
The proposal includes an approach to the project, scope of work, budget and qualification
information. Assisting me will be the firm of Fehr & Peers, an East Bay-based transportation
planning and traffic engineering firm and LSA Associates for review of biological issues.
Assistance regarding legal issues will be provided by Meyers, Nave, Riback, Silver and Wilson,
the City's contract attorneys. Review of geotechnical and hazardous materials section of the
environmental document will be undertaken by Treadwell & Rollo, based in San Francisco.
Applied Development Economics (ADE) will review economic and fiscal information provided
in the document.
Project Understanding and Approach
For over a year, Alameda County has been planning the development of a major new
Government Center to include court house space and a 420 bed juvenile detention facility.
Claims have been made that the current juvenile facility in San Leandro is jeopardized by
potential geotechnical constraints. The City of Dublin has made repeated attempts through the
normal process to request the County find another site for this major facility or perhaps reduce
its size and scale.
At the present time, the County Board of Supervisors have overridden objections from the
Dublin City Council as well as pleas from Dublin residents who live in neighborhoods near the
proposed facility. A number of youth groups have also offered spirited objections to the
Exhibit A: Proposal from Consultant and Scope of Work May 21, 2002
Consultant Services Contract between the City of Dublin and Jerry Haag Page 1
proposal, noting that monies earmarked for the facility could be better used to. divert "at risk"
youth from the justice system.
Alameda County has therefore commissioned the firm of Lamphier-Gregory to prepare a
combined EIR/EIS to address the potential environmental concerns of the proposed project.
Since a grant application has been made to the U.S. Department of Justice, NEPA must be
satisfied as well as CEQA.
Scope of Work
The scope of work includes:
1) Project Review
This will include a complete review of the County's proposal, including a review of current
project plans and a site visit to determine existing site conditions. At the discretion of staff,
interviews can be arranged with City elected and appointed officials .to identify the full array of
concerns expressed to them by local residents.
2) Review of Environmental Documentation
The combined CEQA/NEPA document presently being prepared by Larnphier-Gregory will be
reviewed after public release. A thorough critical review would then be undertaken of each
component of the document, examining:
· Project Description: Has the project been fully described? Does it reveal all the aspects of
the proposed project needed for review, including project build-out and phasing,
objectives, project context, project history and needed follow-on approvals by the City of
Dublin and other agencies, such as State Water Resources Control Board and others?
· Aesthetics and Light and Glare: Although the project site is located adjacent to existing
governmental facilities, has the document adequately addressed aesthetics impacts to
nearby homes in Dublin? The proposed County complex would place major institutional
facilities across Gleason Boulevard from existing residences with associated aesthetics
and light and glare impacts.
· Air Quality: It is very likely that significant amounts of new traffic would be generated
by the project, which would increase the amount of auto-related local and long-term air
emissions. In the past, 'such major projects have resulted in major cumulative impacts
that cannot be mitigated (see the Dublin Transit Center EIR).
· Biological Resources: This discussion will focus on the project's contribution to cumulative
loss of habitat and foraging areas for special-status birds and other species. Work will be
completed by LSA Associates.
· Cultural Resources: Since the site lies in flat lands near a major creek (Tassajara Creek),
the likelihood is high that the site was occupied by Native Americans and perhaps pre-
historic peoples. The level of investigation presented in the environmental document
Exhibit A: Proposal from Consultant and Scope of Work May 21,2002
Consultant Services Contract between the City of Dublin and Jerry Haag Page 2
will be reviewed to determine if recent on-site investigations were undertaken, or
simply a secondary records search undertaken.
· Geology and Geologic Hazards: Treadwell & Rollo will review this section of the document
to confirm basic assumptions used are supportable and reasonable.
· Hazards: Since the project area is located on the site of a former governmental
installation, it is likely that either the soil or underlying groundwater (or both) have been
contaminated by previous actions. Since the site is proposed for essentially residential
land uses, a relatively high' standard of remediation may be required. This will be
investigated by the firm of Treadwell & Rollo. A related topic is emergency response
time and evacuation routes through Eastern Dublin. With the increasingly high
population at federal and county correctional facilities north of the site, removing a large
number of residents could be a significant environmental issue. The evacuation issue
will be reviewed with members of the Fire Department.
· Hydrology: Many projects in Eastem Dublin, including the Sybase project just south of
the proposed project site, received intense scrutiny from the Regional Water Quality
Control Board to ensure that Best Management Practices will be followed. Since the
project site will of equal of greater size than Sybase, this issue will need to be
investigated.
It also appears that a major environmental issue in the Tri-Valley is salt loading within
the Main Basin as monitored and regulated by Zone 7. Staff of Zone 7 will be contacted
to determine if salt loading will be a critical issue for this project as well.
· Land Use and Planning: A significant amount of time will be devoted to reviewing
policies and goals contained in the Eastern Dublin Specific Plan and General Plan to
determine consistency of the project with this regulatory document. Consistency with
these goals and policies could be significant for determining approval of a future SDR
application that must be filed by the County in accord with pre-annexation agreements.
A related land use topic is neighborhood compatibility. The project site lies immediately
north of residences within Dublin. Proposed mitigation measures offered in County
environmental documentation will be carefully reviewed to determine if they will be
adequate to protect neighbors.
· Noise: Increased long-term noise levels on adjacent residences and the entire
neighborhood related to traffic increases will be reviewed and mitigation measures
reviewed to determine their significance.
· Public Services and Utilities: It is fully anticipated that the County sponsored document
will analyze impacts of the project to community and public services providers,
including but not limited to police, fire, road maintenance, water, sewer, storm drain
facilities, power and others. Conclusions reached in the County document will be cross-
checked by topic to determine if any possibility exists that impacts may have been
understated or that mitigation measures were not included. It is anticipated that the
Exhibit A: Proposal from Consultant and Scope of Work May 21, 2002
Consultant Services Contract between the City of Dublin and Jerry Haag Page 3
Dublin Public Works Department will be consulted with regard to road maintenance
and storm drain issues.
· Traffic and Transportation: Fehr & Peers will carefully review the traffic section of the
EIR/EIS to ensure that reasonable and prudent assumptions were made about the size
of the project, traffic generation, trip assignment and resulting impacts to local streets,
intersections and nearby freeway interchanges. It is anticipated that F&P personnel will
have access to the City's Traffic Engineer, Ray Kuzbari, regarding modeling
methodology, pending projects, buildout assumptions and related items. As brought up
by several citizen groups, one aspect of transportation planning will be trips generated
by out of town visitors to the detention facility.
Another aspect of the. project to be reviewed would include impacts to existing
driveways for residents to see if significant delays would result from project
construction.
Impacts to public transit providers will also be confirmed with phone calls and direct
interviews with service providers.
Parking adequacy of the proposed project will also be reviewed by Crane staff to
determine if project related parking would spill over onto adjacent residential streets.
· Economic and Fiscal Issues: Although not required by CEQA, NEPA does allow for review
of fiscal and economic issues. This aspect of the project will be undertaken by Applied
Development Economics of Berkeley. It is not known if the document prepared by the
County will, in fact, address economic issues. If the County environmental document
does not include a discussion of economic issues, this component could be completed by
ADE as a contract extra.
· Alternatives. CEQA requires that the "no project" alternative be reviewed as well as
other feasible alternatives to reduce environmental impacts identified in the document
to a less-than-significant level. If the document does not adequately include such
alternatives, other alternatives will be proposed.
The level of analysis provided each alternative in the document will be reviewed with
Meyers, Nave staff to ensure that the test of CEQA is met.
· Cumulative Impacts: Assumptions used in the County document will be carefully
reviewed to ensure that all possible cumulative impacts of the project are fully
disclosed.
3) Prepare Comment Letter on DEIR/EIS
A detailed comment letter will be prepared summarizing each of the above topics plus others
that may be identified in the course of reviewing the County document. The letter will be
completed within the 45 day public comment period to ensure that City of Dublin concerns
must be addressed in the Final EIR/EIS. It is anticipated that significant assistance will be
required by the Meyers, Nave staff in terms of legal sufficiency of the document.
Exhibit A: Proposal from Consultant and Scope of Work May 21, 2002
Consultant Services Contract between the City of Dublin and Jerry Haag Page 4
4) Review Final EIR/EIS
Following preparation of a final EIR/EIS document by the County and their consultants, this
document will be again reviewed to determine if responses to the City DEIR/EIS comment
letter is adequate.
Assuming that County responses will be inadequate, the consultant team will prepare a
subsequent letter addressed to the Board of Supervisors addressing inadequacies in the Final
environmental document.
5) Review of SDR Application
Jerry Haag will provide technical review of the County's SDR application, focusing on goals,
polices and guidelines contained in the Eastern Dublin Specific Plan and General Plan
document, the Zoning Ordinance and other City land use and regulatory requirements. Time
has been provided for coordination with the Dublin Public Works Department regarding
engineering and infrastructure items.
The end product of this task will be a memorandum to the Planning Department outlining key
issues and inconsistencies with regulations.
6) Attend Public Hearings
It is anticipated that three public hearings will be attended by Jerry Haag to review the
comment letter and answer questions by City elected officials. The hearings are anticipated to
include one hearing before the Dublin Planning Commission, one hearing before the Dublin
City Council and one hearing before the County Board of Supervisors to transmit City
comments.
Schedule and Budget
The budget to complete the scope of work would be $32,260, which includes Jerry Haag's time
($18,360), costs for Fehr & Peers review of traffic ($5,900), Treadwell & Rollo costs for
geotechnical and hazmat review ($4,000), LSA review of biological resources ($2,000) and costs
for ADE to complete an economic and fiscal review ($2,000).
The budget assumes that Meyers Nave costs would be handled as a separate cost item.
The above includes only time for review of the County document and preparation of a response
memo. It does not include preparation of any new technical reports or new data.
Per hour costs of team personnel to attend additional meetings include Jerry Haag $85, Tom
Clausen, F&P, $170 and Malcolm Sproul, LSA, $155.. Hourly rates for other team members can
be provided on an as-needed basis.
The schedule for completion of the various tasks described above will be driven by release of
County documents and scheduled hearings.
Exhibit A: Proposal from Consultant and Scope of Work May 21, 2002
Consultant Services Contract between the City of Dublin and Jerry Haag Page 5
Qualifications and Experience
Jerry Haag, Urban Planner
Jerry Haag will serve as .the project manager for the review of the County's environmental
document. He has been an independent planning and environmental consultant based in
Berkeley for over 10 years and has completed a number of high visibility projects for
communities in northern and southern California. In addition, Mr. Haag has completed
numerous complex environmental documents for local commentates and, based on previous
agency experience, is able to work well in the framework of local planning departments. Most
recently, he is preparing an EIR for the. expansion of the Valley Christian Center in west Dublin
and is finalizing an EIR for the Dublin Transit Center project.
Fehr & Peers
Fehr & Peers is a traffic and transportation firm with offices throughout Northern California.
Each of the firm's principals has more than 25 years of professional experience in northern and
central California as well as additional working experience in southern California and the
western United States.
Treadwell & Rollo
Formed in 1988, Treadwell & Rollo is a geotechnical and environmental engineering firm based
in San Francisco. The firm offers soils and geotechnical services, structural engineering,
hydrogeology, and hazardous material identification and remediation. Phillip Smith will serve
as Treadwell & Rollo's representative for the peer review. Mr. Smith has nearly 25 years of
experience in all phases of geology, soils engineering, hydrogeology and soil contamination and
remediation. Mr. Smith collaborated with Jerry Haag on the Bay West Cover EIR in South San
Francisco, the Planning Area Two Specific Plan and EIR in the City of Newark and provided
input regarding geotechnical and hazardous materials analysis for the Dublin Transit Center
EIR. The firm also provided services to the City for development of Emerald Glen Park in
Eastern Dublin.
Applied Development Economics
Applied .Development Economics, Inc. (ADE) is a management consulting firm specializing in
economic development services. Since its founding in 1985, the firm has established a
distinguished body of project work resulting in tangible benefits for our clients. Their base of
private- and public-sector clients includes government agencies, economic development
organizations, foundations, and research institutes. ADE assists clients in building a foundation
for putting long-term strategies into place to meet their economic development and business
objectives.
The professional staff at Applied Development Economics possesses a broad range of
experience in economic development and planning. Each of the principals has over ten years'
professional experience with public and private sector clients. ADE's services include fiscal and
economic impact analyses, economic and market research, real estate feasibility analysis and
economic development services.
Exhibit A: Proposal from Consultant and Scope of Work May 21, 2002
Consultant Services Contract between the City of Dublin and Jerry Haag Page 6
ADE's Managing Principal, Doug Svensson, AICP, has prepared numerous fiscal impact studies
as well as benefit/cost studies under NEPA.. These projects have included transportation and
institutional projects, general and specific plans, and large mixed use priVate sector projects.
Summary
I look forward to developing a long-term relationship with the City of Dublin. Please call me if
any of the information presented in the proposal requires amplification or additional material is
needed to evaluate my experience and skills, work on the project would commence upon
written authorization to proceed from your office.
Thank you again for contacting me.
Sincerely,
Jerry Haag
Principal
Exhibit A: Proposal'from Consultant and Scope of Work May 21, 2002
Consultant Services Contract between the City of Dublin and Jerry Haag Page 7