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HomeMy WebLinkAboutItem 7.3 Downtown Spec Plan EIR~' vL~f~ CITY CLERK ~~~ ~1~~ 8Z File # ^©~~' 3^^ ~~ ~~~^ Z~ ~~LIFOR~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21, 2009 SUBJECT: Consultant Services Agreement with RBF Consulting to prepare an Environmental Impact Report for the Downtown Dublin Specific Plan Report Prepared by.• Erica Fraser, Senior Planner ATTACHMENTS: 1) February 17, 2009 City Council Agenda Statement (without attachments). 2) Resolution approving a Consulting Services Agreement with RBF Consulting and authorizing the City Manager to sign the Agreement on behalf of the City. RECOMMENDATION: 1) Receive Staff Report; and _ 2) Adopt Resolution approving a Consulting Services Agreement with RBF Consulting and authorizing the City Manager to sign the Agreement on behalf of the City. FINANCIAL STATEMENT: The contract with RBF Consulting is an amount not to exceed $240,000. Funding for the Environmental Impact Report (EIR) is provided by the Department of Transportation and administered by the Metropolitan Transportation Commission Station Area Planning Grant Program and the City of Dublin. PROJECT DESCRIPTION: Background The Fiscal Year 2006-2007 City Council Goals and Objectives included, as high priority goals, the preparation of a General Plan Community Design Element, and the preparation of a comprehensive Downtown Dublin Specific Plan (DDSP) (with Design Guidelines) that combines the area of the existing Downtown Core Specific Plan, Dublin Downtown Specific Plan, West Dublin BART Specific Plan, and San Ramon Road Specific Plan into one specific plan. At the City Council meeting on March 20, 2007, the City Council directed Staff to incorporate the existing Village Parkway Specific Plan area into the future DDSP. COPY TO: Consultant File Page 1 of 3 ITEM NO. G:\PA#12007\07-036 Downtown Dublin Specific Plan\Environmental\ccsr 7-21-09 RBF Contract EIR.doc On June 19, 2007, the City Council adopted a Resolution approving a Consulting Services Agreement with RBF Consulting for preparation of the Downtown Dublin Specific Plan and the Community Design Element of the General Plan, and authorized the City Manager to sign the Agreement on behalf of the City. A joint Study Session with the City Council and Planning Commission was held in August of 2007 to initiate preparation of the Downtown Dublin Specific Plan. In the winter of 2007/2008 Staff and RBF Consulting conducted a number of public outreach efforts to solicit input from stakeholders and other interested persons on the preparation of the Downtown Dublin Specific Plan. These outreach efforts included an online survey, a series of walking tours through the Specific Plan area, and an evening workshop. Outreach regarding the survey included placing a flyer in water bills to notify residents about the on-line survey, placing an advertisement in the Parks and Community Services Activity Guide that is mailed to Dublin residents, and a television advertisement which ran on the local community channel, TV 30. Over 300 people participated in the online survey. Staff and RBF Consulting also conducted one-on-one interviews with property owners in the Specific Plan area. These outreach efforts provided residents, property owners, and business owners with an opportunity to share their ideas while helping to shape the future of Downtown Dublin. On September 16, 2008, the City Council adopted a Resolution amending the General Plan to include the Community Design and Sustainability Element. The City of Dublin was awarded a Station Area Planning Grant in June 2008 in the amount of $200,000 from the Metropolitan Transportation Commission for the preparation of the Environmental Impact Report (EIR) for the Downtown Dublin Specific Plan. The City is required to make a match of local funds, up to $50,000 (which includes Staff time for work related to the preparation of the EIR). On February 17, 2009, the City Council adopted a Resolution approving a draft Funding Agreement for a Station Area Planning Grant for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorized the City Manager to sign the final Funding Agreement (Attachment 1). On February 27, 2009, the City distributed a Request for Proposals (RFP) to various consulting firms in the Bay Area to find a consulting firm to work with the City on the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan. The proposals were then reviewed and Staff selected a consultant based on their qualifications and proposed work product. Staff is recommending that the City Council select RBF Consulting based on their proposal. A summary of the scope of work can be found in the following section. Before the City can enter into a contract with RBF Consulting for preparation of the Environmental Impact Report, the City must enter into a Funding Agreement with the Metropolitan Transportation Commission (MTC) which outlines the scope of work to be performed and the project budget and schedule for completion of the project. The City is currently working with MTC to complete the Funding Agreement and this may result in minor changes to the Scope of Work and timeline in order to meet the requirements of the Grant Program. The City cannot enter into an agreement with the consultant prior to execution of the Funding Agreement, as required by MTC. Page 2 of 3 ANALYSIS: Scope of Work Based on direction from the Metropolitan Transportation Commission (MTC) and requirements for the Grant, Staff prepared a Request for Proposals soliciting proposals from consulting firms for the preparation of an Environmental Impact Report. The draft RBF Consulting Proposal in its entirety is attached to the City Council Resolution (Exhibit A to Attachment 2). The contract for RBF Consulting is not to exceed $240,000. Below is a condensed summary of the Proposal's main components: Phase 1: Project Initiation RBF Consulting will meet with City Staff and will prepare a project description and Notice of Preparation (in accordance with the California Environmental Quality Act (CEQA). RBF Consulting will also conduct a public Scoping Meeting and development of a Transportation Model (Anticipated completion date: December 31, 2009) Phase 2: Preparation ofDra t EIR RBF Consulting will prepare an administrative draft of the Environmental Impact Report for review by City Staff including a Traffic Analysis in accordance with CEQA. RBF Consulting will also meet with City Staff and will revise the administrative draft based on comments received from Staff. RBF Consulting will then complete the Draft EIR and will distribute for public review in accordance with CEQA. RBF Consulting will attend the Planning Commission hearing on the Draft EIR. (Anticipated completion date: June 15, 2010) Phase 3: Certification of the EIR RBF Consulting will review comments submitted on the Draft EIR and will prepare the Final EIR, which includes responses to the Draft EIR. RBF Consulting will attend the City Council hearing on the Final EIR. Following certification of the EIR by the City Council, RBF Consulting will prepare and file the Notice of Determination in accordance with CEQA. (Anticipated City Council Date: September 30, 2010) CONCLUSION: The team at RBF Consulting will complement Staff s efforts to engage the community and create an Environmental Impact Report for the Downtown Dublin Specific Plan. The City's standard Consulting Services Agreement has been reviewed by the City Attorney. RBF Consulting has reviewed and accepted the terms of the agreement which is included as Exhibit A to Attachment 2. The Consulting Service Agreement requires that RBF Consulting complete the work outlined in the scope of work within thirty months. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff Report; and 2) Adopt Resolution approving a Consulting Services Agreement with RBF Consulting and authorizing the City Manager to sign the Agreement on behalf of the City. Page 3 of 3 ,~ . ~i~~ \~ //, /~ CITY CLERK File # ^~~~-Q~ i X37 AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 17, 2009 SUBJECT: Station Area Planning Grant Draft Funding Agreement for the Downtown Dublin Specific Plan Environmental Impact Report Report Prepared by Marnie R. Waffle, Senior Planner ATTACHMENTS: 1) Resolution approving a draft Funding Agreement for a Station Area Planning Grant for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorizing the City Manager to sign the final Funding Agreement, with the draft Funding Agreement attached as Exhibit A. RECOMMENDATION: 1) Receive Staff presentation; and 2) Adopt Resolution approving a draft Funding Agreement for a Station Area Planning Grant for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorizing the City Manager to sign the final Funding C'} ~! Agreement. FINANCIAL STATEMENT: The City of Dublin has been awarded a Planning Grant for up to $200,000 to prepare an Environmental Impact Report for the Downtown Dublin Specific Plan. Per the terms and conditions of the grant, the City is required to make a 20% match of local funds, up to $40,000. The Fiscal Year 2008/2009 budget allocated money to hire a consultant to prepare the Environmental Impact Report; up to $40,000 will be spent from the Fiscal Year 2008/2009 budget to provide the local match of funds. The Fiscal Year 2008/2009 budget also allocated money for RBF/UDS Consulting to prepare the Downtown Dublin Specific Plan document. Attachment 1 ----------------------------------------------------------------------------------------------------~-p------- COPY TO: Justin Fried, ABAG ~'2 ~ ~ ~ E ~+ PRt);TF.CT DF:SC'RiPTION: I)c~wntr~Fr~n 1)ubiin S~eci~c Ilan a ~3~ The City C'ouneil Goals and Objectives identified the prepay°atio~~a of ~~ comprehensive Dow°nto~ti7~ Dublin Specific Plan as a high priorify goal. In June ?OO'7, the City Council approved a Consulting Se:n-ices ,agreement writh RBF!t1DS Consulting for 11e preparation of a :)ou~ntotivn Dublin Specifc plan. "The Specific Plan is envisioned to encompass the area currently comprised of the following five existing. Specific Plans: 1} 1)ovvntown Gore Sped#ic Plan; 2) Dublin I)owntoti~~n Speci~f is Plan; 3) San Ratnc~n Road Specific Plan; ~) ~~est Dublin IiAIZ.~T Specific Play; and 5) Village Parkway Specific Plan {see Figure 1 belowj. The preparation of a new, comprehensive Specific Plan will include components such as: 1) a review {if the existing setting; 2) an oppoz-tunitieslconstraints analysis; 3 j an economic analysis; ~) identification of the final Specific Plan boundary; 5) an evah~ation of land uses, densities, and public spaces; and, fi) design guidelines. Project Status Review of Existing Setting and Public Outreach 3 ~3~ A review of the existing setting was completed in late 2007 and between November 2007 and February 2008 a number of public outreach efforts were held to engage the community in the process of developing a new Specific Plan: The City hosted a series of walking tours through the plan area and an evening workshop which provided residents, property owners, and business owners with an opportunity to share their ideas and to help shape the future of Downtown Dublin. The City also hosted an online Visual Preference Survey and invited the community to participate in the survey. Outreach regarding the survey included placing a flyer in water bills to notify residents about the on-line survey, placing an advertisement in the Parks and Community Services Activity Guide that is mailed to Dublin residents, and a television advertisement which ran on the local community channel, TV 30. The survey was designed to provide the City with a general understanding of the community's values as they related to architecture, streetscape designs, gateways and public spaces. Approximately 300 responses were received. Staff and RBF/UDS continue to meet one-on-one with interested property owners to discuss their vision for the future of their properties and the Downtown. Opportunities and Constraints Analysis and Economic Analysis The Opportunities and Constraints Analysis is currently being prepared to identify areas of strength to capitalize on in the Specific Plan area and opportunities to generate positive fiscal impacts to the City. Background studies including a Traffic and Transportation Analysis, Infrastructure Analysis, and Market Analysis are underway and will provide valuable data needed to complete the Opportunities and Constraints Analysis. The Opportunities and Constraints Analysis is anticipated to be complete in March 2009. Identification of Land Use Alternatives The Opportunities and Constraints Analysis will aid Staff and RBF/UDS in preparing up to three land use alternatives for the Downtown Dublin area. Each land use alternative will include a land plan and associated development program that identifies the following: 1) land uses; 2} building types; 3) square footages; and 4) parking and circulation. Each alternative will be further evaluated in the context of transportation systems using the City of Dublin Travel Forecasting Model to evaluate transportation impacts. The Travel Forecasting Model will be calibrated as part of the environmental review process and is necessary in order to evaluate the proposed land use alternatives and complete the transportation analysis section of the Environmental Impact Report. The land use alternatives will be presented to the City Council for direction on the preferred land use alternative in the fall of 2009. The preferred land use alternative will form the basis for creating the Specific Plan. Environmental Impact Report In conjunction with the preparation of the Downtown Dublin Specific Plan, an Environmental Impact Report (EIR) is required in accordance with the California Environmental Quality Act (CEQA). The Environmental Impact Report analyzes potential significant effects on the environment as a result of the project and identifies mitigation measures and reasonable alternatives to avoid the significant impacts. The Fiscal Year 2008/2009 budget allocated money to hire a consultant to prepare the Environmental Impact Report for the Downtown Dublin Specific Plan. Before Staff began the process of soliciting a consultant to prepare the Environmental Impact Report, the City was awarded a Planning Grant through the Station Area Planning Program to prepare the Environmental Impact Report. Priori Develo m n ent Area and rlamm~g Grant Award As part of regional planning efforts to implement smart growth policies, the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) have been working with local jurisdictions to create a specific and shared concept of where future growth can be accommodated and what areas need protection in the region. This effort included the designation of Priority Development Areas (PDA) within local communities that demonstrate an opportunity to accommodate mixed use, infill development near transit and job centers with an emphasis on housing. In December 2007, the City of Dublin received three Priority Development Area designations, one of which was the West Dublin BART Specific Plan area. In August 2008, the City applied for an amended Priority Development Area designation to expand the West Dublin BART Specific Plan Priority Development Area to encompass the entire area of the proposed Downtown Dublin Specific Plan. The amended Priority Development Area was approved by the Association of Bay Area Governments. With the Downtown Dublin Specific Plan Priority Development Area designation the City became eligible to apply for grant funding through the Station Area Planning Grant Program and in June 2008 was awarded a planning grant for up to $200,000 for the preparation of the Downtown Dublin Specific Plan Environmental Impact Report (EIR). In accordance with the terms and conditions of the grant, the City is required to make a 20% match of local funds, up to $40,000. Before the City can enter into a contract with a consultant to prepare the Environmental Impact Report, the City must enter into a Funding Agreement with the Metropolitan Transportation Commission which outlines the scope of work to be performed and the project budget and schedule for completion of the project. Funding Agreement The draft Funding Agreement (Attachment 1, Exhibit A, Attachments A, B and C) sets forth the scope of work to be performed, a project budget and schedule, and the terms and conditions of the grant. Scope of Work The Scope of Work is divided into three (3) tasks as follows: Task 1. Project Orientation and Definition, Initial Study, Notice of Preparation, Scoping Meeting and Travel Demand Modeling. The first task is to prepare a project description to be analyzed as part of the Environmental Impact Report. Once the project has been defined, an Initial Study would be prepared to determine potentially significant environmental impacts as a result of the project. The Notice of Preparation advertises to state, regional and local agencies as well as other interested parties that the City will be preparing an Environmental Impact Report and holding a Scoping Meeting to discuss the issues surrounding the project. Lastly, the existing City of Dublin Travel Forecasting Model would be updated to assess traffic impacts of proposed land uses on the transportation network and is necessary in order to complete the transportation analysis section of the Environmental Impact Report. Task 2. Preparation for Environmental Impact Report. The second task will analyze all required environmental categories for impacts to the environment and include mitigation measures for any potentially significant impacts. The third and fina~a~sk i~the Task 3. Adoption of the Environmental Impact Report. preparation of the draft Environmental Impact Report which would be released for public review and comment. Following the public comment period, the final Environmental Impact Report would be prepared and brought before the City Council for certification. Project Budget and Schedule The Metropolitan Transportation Commission will distribute the grant money to the City in installments. As the City completes each of the tasks outlined in the project budget and schedule, the dollar amount associated with that task would be dispersed to the City and the City in turn would make a 20% match (see Attachment 1, Exhibit A, Attachment B for the project budget and schedule). In accordance with the terms and conditions of the grant, the project must be completed within 30 months of the project start date which was determined by the Metropolitan Transportation Commission to be February 1, 2009. Each task identified within the scope of work has an anticipated completion date based on the February 1St start date. Due to unforeseen delays in the Metropolitan Transportation Commission's review time of the draft Funding Agreement, Staff is requesting of the Metropolitan Transportation Commission that the completion dates for each of the tasks be modified to reflect more realistic timeframes based on the date the final Funding Agreement is executed. Based on the February 1St start date, the Environmental Impact Report would need to be completed by September 30, 2011. However, it is only anticipated to take 12-18 months to complete the Environmental Impact Report once the Funding Agreement is executed and a consultant has been selected. Building the entire 30 month time frame into the schedule gives the City maximum flexibility to ensure that the project is completed in accordance with the terms of the grant and the full amount of grant funding is received. Terms and Conditions of the Grant The terms and conditions of the draft Funding Agreement are standard conditions applied to all projects which are funded by the Department of Transportation. Currently the draft Funding Agreement is proceeding through legal review at the Metropolitan Transportation Commission and is expected to have some minor modifications including modified completion dates prior to being finalized. Staff is recommending that the City Council approve the draft Funding Agreement in concept and authorize the City Manager to review and approve minor changes to the Agreement once the final Funding Agreement is provided to the City and to sign the final Funding Agreement. Request for Proposals A Request for Proposals for a consultant to prepare the Environmental Impact Report would be released the week of February 23, 2009 should the City Council approve the draft Funding Agreement and authorize the City Manager to sign the final Funding Agreement. Staff would accept proposals for 30 days and anticipates returning to the City Council in May 2009 with a Consulting Services Agreement to contract with a consultant to prepare the Environmental Impact Report. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; and 2) Adopt Resolution approving a draft Funding Agreement for a Station Area Planning Grant for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorizing the City Manager to sign the final Funding Agreement. ~ ~3~ RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND RBF CONSULTING AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Fiscal Year 2006-2007 City Council Goals and Objectives included, as high priority goals, the preparation of a General Plan Community Design Element, and the preparation of a comprehensive Downtown Dublin Specific Plan (DDSP) (with Design Guidelines) that combines the area of the existing Downtown Core Specific Plan, Dublin Downtown Specific Plan, West Dublin BART Specific Plan, and San Ramon Road Specific into one specific plan; and WHEREAS, the City Council held a public meeting on February 27, 2009 and adopted a Resolution approving a draft Funding Agreement with the Metropolitan Transportation Commission (MTC) for an amount not to exceed $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan; and WHEREAS, the City of Dublin distributed a Request for Proposals to solicit a consultant to help prepare an Environmental Impact Report for the Downtown Dublin Specific Plan; and WHEREAS, the City of Dublin City Council has directed Staff to move projects expeditiously, and hire consultant firms when services are needed; and WHEREAS, RBF Consulting has shown that they have the ability to perform the planning services required; and WHEREAS, RBF Consulting will perform the work outlined in the draft Proposal/Scope of Work and according to the Fee Schedule and will complete the work within thirty months, which is included as apart of the Consultant Services Agreement (Exhibit A to this Resolution); and WHEREAS, the MTC is currently reviewing the Scope of Work for compliance with the Grant Program and the City cannot execute the Consulting Service Agreement until MTC has approved the Scope of Work and has executed the Funding Agreement; 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 hereby approve the agreement with the above-mentioned consultant. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute the agreement once the Funding Agreement has been approved by the Metropolitan Transportation Commission (MTC) and make minor modifications to the scope of work and timeline if required by MTC. PASSED, APPROVED AND ADOPTED this 21st day of July 2009 by the following vote: ATTACHMENT 2 ~~3~ AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\Downtown Dublin Specific Plan 2007\City Council\CC Reso RBF Contract.doc g~3~ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND RBF CONSULTING THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and RBF Consulting ("Consultant") as of July 21, 2009. 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 September 30, 2010, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its professions Consultant shall prepare all work products required by this Agreement in conformance with 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 t~~c~ ' ~~a~ t,~P.+~, ~ ~~°~~~ ;~ .~ ~, 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 21, 2009 City of Dublin and RBF Consulting Page 1 of 15 EXHIBIT A TO ATTACHMENT 2 ~~3~ 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 ofprogress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ^ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ^ At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ^ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ^ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Additional Services. City shall make no payment for any extra, further or additional services pursuant to this Agreement unless such extra service and the price therefore is agreed to in writing, executed by the City Manager or other designated official of the City authorized to obligate City thereto prior to the time such extra service is rendered and in no Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 2 of 15 ia~3~ event shall such change order exceed twenty-five percent (25%) of the initial contract price. 2.5 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.6 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.7 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.8 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.9 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.10 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City 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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 3 of 15 i i ~3~ Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on aself-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 aself-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 canceled by either party except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City except for non-payment of premium for which such notice shall be ten (10) days. 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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 4 of 15 -a ~~~ 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the 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 orself-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 canceled by either party except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City except for non- payment ofpremiums for which such notice shall be ten (10) days. 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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 5 of 15 J~3 ~~ ~~ 4.3.1 Any deductible orself-insured retention shall not exceed $250,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be canceled by either party except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City except for non-payment of premiums for which such notice shall not exceed ten (10) days. 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: The retroactive date of the policy must be shown and must be before the date of the Agreement. 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 to the degree that such coverage remains commercially available at a reasonable rate. 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 AlI 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 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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 6 of 15 ~~~~~ 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. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles orself-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible orself-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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 7 of 15 l~ 37 ,~ Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify 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, or by acts for which they could be held strictly liable. 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 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 Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 8 of 15 ~ 6 ~ 3~ 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, 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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 9 of 15 -7~p37 f1 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. 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 Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 10 of 15 Imo' 3~ •= Section 9. 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. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. Alf reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 11 of 15 ~~~~~ 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. 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 ef.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. Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 12 of 15 o?p cs-f' '~ ~_{ `..,,) 10.9 Contract Administration. This Agreement shall be administered by Jeri Ram, Community Development Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Bill Wiseman Manager of Planning Services RBF Consulting 111 W. St. John Street, Suite 850 San Jose, CA 95113 Any written notice to City shall be sent to: Erica Fraser, AICP Senior Planner City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the repod/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with repod/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN Joni Pattillo, City Manager CONSULTANT Bill Wiseman, Vice President, RBF Consulting Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 13 of 15 a~~~~ Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 14 of 15 ~ ~ 3'J EXHIBIT A SCOPE OF SERVICES Including Scope of Work, Proposed Timeline, and Fee Schedule Consulting Services Agreement between July 21, 2009 City of Dublin and RBF Consulting Page 15 of 15 ~~ ~7 Downtown Dublin Specific Play CIR Scone of Work Downtown Dublin Specific Plan EIR Scope of Work Phase 1: Project Orientation and Definition, Notice of Preparation, Scoping Meeting, and Travel Demand Modeling Task 1 would provide RBF with clear direction and information required to begin work on the EIR. This task would include preparation of the Notice of Preparation, conducting a scoping meeting, and conducting the travel demand modeling for the proposed project. Kickoff Meeting RBF will attend a kickoff meeting with City staff and other members of the project team to orient all parties to the proposed project and the scope of work. This meeting would include a review of the overall schedule and the responsibilities of the various members of the project team. RBF would obtain copies of all relevant documents and studies completed on behalf of the City and confirm the project schedule with City staff. One of the most important activities at the meeting will be a discussion of the City's goals for the proposed project and the project team, the roles of all consultants, and an understanding of the desired end products. This will help ensure that all elements needed to complete the project successfully are covered and will allow gaps to be identified and filled. RBF staff members are already familiar with the planning area. However RBF recommends that a short guided group tour of the planning area be conducted as part of the kick off meeting focus on any potential sensitive areas. In addition, an important task at this meeting will be to establish communication protocols between RBF and the City, other members of the project team, and property owners/developers in the planning area. Prepare Project Description and Notice of Preparation Project Description One of the most important tasks relative to the preparation of a legally defensible EIR is the development of an accurate and adequate project description. The project description for the EIR will be developed as part of the Specific Plan and modified as appropriate for the EIR. As part of this task, RBF will gather and review existing information, including project information and background studies. Appropriate resource specialists will visit the planning area and conduct informal consultation with Responsible and Trustee agencies to ensure the Notice of Preparation (NOP) fully addresses available information and anticipated project impacts. Notice of Preparation Because the City has determined that the proposed project would require afull-scope EIR, RBF proposes preparation of a detailed NOP for the proposed project that explains what environmental issues would not be addressed within the EIR (e.g. impacts to agricultural 7/13/2009 Page 1 CONSULTING Exhibit A Downtown Dublin~ecific F"r&~ EIR Scope of Work resources), focusing discussion on the potentially significant environmental affects. This would eliminate the need for preparing an initial study. The NOP will adhere to the content requirements set forth in CEQA Guidelines, including information describing the proposed Specific Plan, its location, and probable environmental effects. RBF will also prepare the public notices advertising the proposed scoping meeting and will work with the City to ensure the notices (NOP and Notice of Scoping Meetings) are published and distributed to responsible agencies and the Office of Planning and Research (OPR). This scope of work assumes that the City would provide payment for publication of the notice in applicable newspapers. Comments received during the 30-day public review period for the NOP will be used to finalize the scope of the EIR. RBF will review and list all comments and determine whether any issues require a modification to the scope of services. The list of comments received will be provided to the project team. Public Scoping Meeting RBF will coordinate and assist the City in conducting a public scoping meeting for the proposed project. The proposed Specific Plan would be presented at the scoping session along with a brief overview of the probable environmental effects of the proposed project. For budgeting purposes, this task assumes preparation for and attendance at one scoping meeting by two staff members. Input provided by agency staff and the public at the scoping meeting will be documented and addressed in the impact analysis of the EIR, as appropriate. RBF strongly believe in soliciting comments about potential environmental issues early in the process. To have an effective and wide-reaching solicitation and participation in the public scoping meeting, RBF will work with City staff to identify relevant organizations, including environmental organizations that could have an interest in the proposed project and the EIR. Deliverable 1A: Kickoff Meeting, Prepare Project Description and Notice of Preparation, and Public Scoping Meeting Completion Date: September 7, 2009 Transportation Model Development Fehr & Peers, as a subconsultant to RBF will prepare the transportation model that will be used for the traffic and transportation analysis. As an alternative to developing a windowed sub-area model for the Downtown Area, as directed in the RFP, Fehr & Peers proposes to develop a Traffix Model to represent the Downtown Specific Plan Area. A Traffix model is a manual traffic assignment tool that allows the engineer to directly input project characteristics, such as trip generation and trip distribution into the model and review project trip routing through the study area. With this method, the resulting forecasts would reflect the unique trip generating characteristics that are expected to occur with development around the BART station. 7/13/2009 Page 2 ^-~ CONSULTING Downtown Dublin Sp~ific PI~I~~ Scone of Work Data Collection and Model Development To develop the Traffix Model, Fehr & Peers will obtain a listing of approved and pending projects in Dublin and Pleasanton from City staff. The CCTA model would be used to develop growth rates that reflect regional traffic through the area. Traffic from the approved and pending projects would be added to the existing traffic volumes at the intersections, based on when those projects are expected to be complete. The Cumulative No Project model can be completed within 4 weeks of receipt of data relating to approved projects in Pleasanton and Dublin. The following intersections will be included in the model: 1. Amador Valley Boulevard/San Ramon Road 2. Amador Valley Boulevard/Regional Street 3. Amador Valley Boulevard/Starward Drive 4. Amador Valley Boulevard/Donohue Drive 5. Amador Valley Boulevard/Amador Plaza 6. Dublin Boulevard/Village Parkway 7. Dublin Boulevard/San Ramon Road 8. Dublin Boulevard/Regional Street 9. Dublin Boulevard/Golden Gate Drive 10. Dublin Boulevard/Amador Plaza 11. Dublin Boulevard/Village Parkway 12. Saint Patrick Way/Golden Gate Drive 13. Saint Patrick Way/Amador Plaza/Interstate 680 (I-680) Southbound Ramps 14. I-680 Northbound Ramps/Village Parkway The scope of work and fee estimate assumes that traffic counts are provided to Fehr & Peers by the City. Forecast Development Trip generation for the Specific Plan Alternative would be calculated based on the methods proposed under Phase 2, which incorporates vehicle trip generation adjustments based on the distance to transit, density, and other design features of the Specific Plan alternatives. A memorandum detailing the trip generating characteristics of the land use alternative would be prepared and submitted to City staff for review within two weeks of receipt of the land use information. Traffic forecasts would be developed for the Cumulative condition for the No Project and With Project conditions. The resulting forecasts would be summarized on a figure and provided to City staff within two weeks of completion of the No Project model and approval on the trip generation. No level of service calculations will be provided as part of this task. Deliverable 1 B: Develop Sub-area Traffic Model 7/13/2009 Page 3 CGNSULTING k~ Downtown Dublin Specific P~EIf Scope of Work Completion Date: December 31, 2009 Phase 2: Preparation of Administrative Draft EIR The specific work efforts related to the environmental analysis that will be conducted in support of the EIR are described in this section. All of this information will be included in the Administrative Draft EIR (internal draft) for review and comment by the City. Executive Summary RBF will provide an Executive Summary for the EIR including summary of the project, an overview of project impacts, mitigation, and levels of significance after mitigation, summary of project alternatives and areas of controversy and issues to be resolved. The Executive Summary will be presented in a columnar format. Introduction and Purpose This section will identify the purpose of the EIR and statutory authority under CEQA as well document-scoping procedures, summary of the EIR format, listing of responsible and trustee agencies and documentation incorporated by reference. Project Description RBF will modify the project description prepared as appropriate when completing the Administrative Draft EIR in order to ensure that the EIR is a legally defensible document. Environmental Analysis Each environmental analysis ~in the EIR will include sections for existing setting, thresholds of significance used to determine the level of significance of any given impact, an analysis of project-related impacts, and mitigation measures to avoid or reduce significant impacts. To the degree possible, thresholds will be based on the City of Dublin General Plan and the City of Dublin General Plan EIR as well as Appendix G of the State CEQA Guidelines. Each resource section of the EIR will include a summary of relevant General Plan policies that could avoid or reduce significant environmental impacts. RBF will ensure that thresholds of significance are acceptable to City staff before beginning the environmental analysis. Geology and Soils This section of the EIR will include information associated with the regional and specific geology and soils constraints within the planning area (such as erosion hazards; compressible soils; active faults, including the adjacent Alquist Priolo fault zone; and areas subject to subsidence) and existing topography. RBF will discuss project impacts including seismic hazards, landform modifications, and wind and/or slope water erosion to the extent feasible based on geotechnical investigations that have been prepared within the planning area (e.g. Shannon Center Initial Study). Due to the nature of the EIR, RBF does not propose additional geotechnical investigations. Mitigation measures will be included in the EIR address any potentially significant impacts from geology and soils. Potential mitigation measures would include preparation of design-level geotechnical evaluations for subsequent development within the planning area. 7/13/2009 Page 4 CONSULTING i~ ~~ Downtown Dublin Specific n EI~ Scope of Work Hazards and Hazardous Materials RBF will prepare the Hazards and Hazardous Materials section of the EIR based on a review of existing hazardous studies and City planning documents prepared for the planning area. RBF will also contact the Alameda County Fire Department regarding any potential contamination in the planning area from the presence of existing and historic auto dealerships, auto service stations, and dry cleaners in the planning area. This scope of work assumes that existing studies will be adequate for use in the EIR. In addition to potential hazardous materials located within the planning area, this section will address potential impacts associated with the transport of hazardous materials, and other potentially hazardous conditions. RBF will identify whether or not the proposed project would interfere with any emergency response plans. Mitigation measures also will be included in this section to address any significant or potentially significant impacts. Public Services The public services section of the EIR will address impacts to law enforcement, fire protection, schools, solid waste, and parks and recreation. In addition to reviewing available municipal services documents, RBF will contact each of the affected public service providers (i.e., City of Dublin Fire Department, City of Dublin Police Department, Dublin Unified School District, etc.) to obtain relevant baseline and regulatory information, and solicit input on potential impacts. Project-related demand for facilities and services will be estimated and compared against existing capacity and proposed future capacity associated with intensification of the planning area within the proposed Specific Plan. Impacts will be based on whether any new facilities would be needed and if construction of such facilities could generate significant impacts. Land Use and Planning Based in part upon an analysis performed as part of preparation of the proposed Specific Plan, RBF will assess the consistency of the proposed project with adopted plans and policies aimed at reducing or eliminating environmental impacts, including consistency with the City of Dublin General Plan and City of Dublin Zoning Ordinance. Existing land uses in the immediate vicinity of the planning area would be described based on site visits, aerial photographs, and other information that is evaluated as part of preparation of the proposed Specific Plan. This section will also evaluate repeal of the five existing specific plans within the planning area. Deliverable 2A: Executive Summary; Introduction and Purpose; Project Description; Environmental Analyses -Geology and Soils, Hazards and Hazardous Materials, Public Services, Land Use and Planning; Effects Not Found to be Significant -Agricultural, Biological, Cultural, Mineral, and Population/Housing and Recreation. Completion Date: December 7, 2009 Hydrology and Water Quality The hydrology and water quality section of the EIR will address short-term temporary construction-related effects on hydrology and water quality; long-term project-related water quality; permanent changes to stormwater drainage and/or flooding; project-related impacts to groundwater quantity and quality; and cumulative on-site and off-site hydrology and water quality impacts. Applicable federal, State, and local regulations for stormwater drainage, grading 7/13/2009 Page 5 CONSULTING Downtown Dublin Specific Pjei E1R Scope of Work and erosion control, and other water quality protection procedures will be described, and where necessary, additional feasible mitigation measures will be identified. This section would be based in-part on discussions with City of Dublin Public Works Department and Zone 7 staff regarding the local and regional drainage facilities and water supplies. This section will also address potential impacts to Dublin Ramon Services District (DSRSD), the special district that provides water services to the City of Dublin and adjacent area. Off-site water quality effects associated with construction and long-term urban development will be evaluated. Several properties within the planning area are located within the. Federal Emergency Management Agency (FEMA) 100-year floodplain, which would be subject to floodplain regulations. To comply with the requirements of CEQA, the potential effects of the proposed project on flooding will be evaluated. Impacts will be identified and mitigation measures will be described to reduce any significant impacts to surface water and groundwater quality and hydrology resulting from the proposed project to a less than significant level. Visual Resources The visual resources section of the EIR will include be characterization and identification of the visual characteristics of the planning area. RBF will characterize the existing aesthetic environment and visual resources, including a discussion of views within the planning area and views from surrounding areas, particularly from the adjacent uses, utilizing information from the proposed Specific Plan. RBF will describe the visual characteristics and the regulatory framework relating to aesthetics and visual resources. RBF will discuss potential short-term and operational visual impacts that would result from the proposed project. The character of the urban design of the proposed Specific Plan will be evaluated with respect to its ability to enhance the visual quality of the adjacent city and the visual experience of those visiting or residing in the vicinity. If available, any architectural renderings from the proposed Specific Plan will be included as exhibits in the EIR. These renderings will provide design elements that will aid in the analysis. The introduction of additional light and glare will also be addressed. Mitigation measures will be provided where necessary to reduce impacts associated with the proposed project. Utilities and Service Systems RBF will prepare the utilities and service systems section of the EIR. The utilities and service systems section of the EIR will address water supply, wastewater, electricity, natural gas, and communications. Project-related demand for facilities and services will be estimated and compared against existing capacity and proposed future capacity associated with the proposed project. Service demand will be evaluated for each utility and service. Potential impacts to the Dublin San Ramon Services District (DSRSD), which provides water and wastewater services to the City of Dublin as well as Zone 7 will be addressed. Any impacts will be based on whether any new facilities would be needed and if construction of such facilities could generate significant impacts. RBF's description of the proposed infrastructure systems and any impacts upon them or resulting from them will be based on information that is derived as part of the Specific Plan process. If it is determined that off-site improvements needed to support the proposed project could create a potential environmental impact, a scope adjustment may be required. 7/13/2009 Page 6 CCNSU LTING Downtown Dublin Spec Pla~ Scope of Work Deliverable 2B: Environmental Analyses -Hydrology and Water Quality; Visual Resources; and Utilities and Service Systems. Completion Date: February 12, 2010 Transportation and Circulation As asub-consultant to RBF, Fehr & Peers will prepare the transportation section of the EIR. Data Collection and Field Reconnaissance The Request for Proposals notes that traffic count data and existing traffic signal timings would be provided by City of Dublin staff for the proposed study intersections identified previously. We will also conduct a field reconnaissance of the project site and surrounding roadway network to verify existing intersection control, lane configurations, and other roadway characteristics. Data for transit services, bicycle, and pedestrian facilities within the study area will be collected. Trip Generation, Distribution and Assignment Fehr & Peers will develop trip generation estimates for the Downtown Specific Plan preferred land use alterative, including reductions to account for internal and non-motorized trips. The trip generation estimates will be based on national research conducted by Fehr & Peers for the EPA. This new and validated method relies on data from household travel surveys and GIS databases from six metropolitan regions. Statistical equations derived from the data revealed that the primary factors affecting reduction in automobile travel are: • The total and relative amounts of population and employment on the site • The site density (floor area ratio) • The size of households and their auto ownership • The amount of employment within walking distance of the site • The pedestrian-friendliness (small blocks and sidewalks) of the site • The density of bus stops, presence or absence of a rail station, and the access to employment within a 30-minute transit ride of the site These factors will be developed in consultation with the project team to ensure that the trip generation estimates are consistent with the anticipated development plan. Determining the directions of approach and departure for project traffic will be an iterative process. First, the general traffic distribution by land use type will be determined using the Contra Costa Transportation Authority (CCTA), City of Dublin Travel Demand Model, and existing travel patterns in the area. Separate distributions will be developed for the specific site uses (such as the retail, office, and residential components). Fehr & Peers will document this information in a technical memorandum for the Project team and City to review. Once the project trip generation is finalized, the trips will be assigned to the road network using the directions of approach and departure. 7/13/2009 Page 7 -~ CONSULTING ~ ~ Downtown Dublin Specific Plan IR Scope of Work Impact Assessment The intersection peak hour level of service at each study intersection will be calculated using the 2000 Highway Capacity Manual method. The impact analysis will be conducted for the following scenarios: Scenario 1: Existing Conditions -Existing volumes obtained from traffic counts and the existing roadway system configuration. Scenario 2: Existing Plus Project Conditions -Traffic volumes from Scenario 1 plus traffic estimated for the project. The roadway system will be the same as Scenario 1 plus additions proposed by the project. Scenario 3: Cumulative (2030) No Project Conditions -Projected traffic volumes and the projected roadway system using the Model developed in Phase 1. Scenario 4: Cumulative (2030) Project Conditions -Traffic volumes from Scenario 4 plus traffic estimated for build-out of the project. The roadway system will be the same as Scenario 4 plus additions proposed as part of the project. Mitigation measures will be identified for impacts that exceed the thresholds established in the significance criteria. The project's proportionate share of identified intersection and roadway improvements will be calculated. In addition to the intersection analysis, VMT for the No Project and Proposed Project condition under Cumulative (2030) conditions would also be documented and summarized for inclusion in the EIR. Deliverables: Technical Memorandum summarizing traffic forecasts for City review and approval prior to completion of the technical document. Congestion Management Agency Assessment A separate analysis of regional roadways is recommended to comply with requirements of the Alameda County Congestion Management Agency (ACCMA). The ACCMA requires the analysis of project impacts to Metropolitan Transportation System (MTS) roadways for development projects that would generate more than 100 PM peak hour trips. The ACCMA requires that the baseline forecasts be represented by the model run completed by the ACCMA. Fehr & Peers proposes to add the project-related traffic directly to the baseline forecasts and compare the net change as a percentage of total traffic. The ACCMA model is based on the 2015 and 2035 forecast years. It will be used to evaluate segments on the MTS roadways in the study area, to be identified in consultation with the ACCMA. Alternative Mode Assessment Fehr & Peers will review the Downtown Specific plan to ensure safe and efficient circulation of vehicles, bicycles and pedestrians through the Downtown area. We will review the plan for: • Proposed roadway cross-sections • Emergency vehicle access and circulation 7/13/2009 Page 8 ^ -~ CGNSULTING ~~ 7 Downtown Dublin Specific Plan IR Scope of Work • Vehicular circulation within the Project area • Pedestrian access and circulation within and adjacent to the Project site • Bicycle access and circulation within and adjacent to the Project site • Transit circulation within and adjacent to the to the Project site Based on the expected transit mode calculated in Task 2 and the existing load factors of the transit routes in the study area, estimated transit trips from the project will be added to the existing routes in the area to determine if project-related transit trips can be accommodated by the existing system. It is expected that the Specific Plan would be self-mitigating for alternative modes and that potential issues would have been addressed in the development of the Specific Plan. Project Alternatives Fehr & Peers will perform a qualitative evaluation of up to two project alternatives. Trip generation will be calculated and compared to that of the proposed project. The potential for the alternatives to reduce the significant impacts of the project will be discussed; however, detailed intersection and freeway analysis will not be completed for the alternatives. Documentation The following documents will be prepared: • Trip Generation and Trip Distribution Memorandum • Technical Memorandum summarizing traffic forecasts for City review and approval • Administrative Draft Transportation & Circulation Section of EIR • Draft Transportation & Circulation Section of EIR This scope of work assumes that only minor editorial comments are received on the Administrative Draft Transportation & Circulation section. We have budgeted 18 staff hours to prepare the final report for inclusion in the Draft EIR. For the purposes of budgeting, we have included 10 hours to respond to Public comments on the Environmental Impact Report. However, as the level of effort is unknown until comments are received, a budget amendment may be necessary. Station Access Plan (Optional) Given our understanding of the City of Dublin and the type of likely development in the specific plan area, there are key elements to the plan that Fehr & Peers can assemble to meet the needs of MTC, BART and the local transit agency. Fehr & Peers will prepare a Station Profile Analysis (using BART-provided intercept data collected in 2008); Direct Ridership Forecasting for BART (2 land use/parking alternatives); and Station Access and Routing Plan based on the Station Profile Analysis and Direct Ridership Forecasting. The access plan will identify how different transportation modes can be accommodated at the BART station to maximize ridership potential. Should this optional task be selected, a detailed scope of work will be prepared in consultation with City, BART and MTC staff. 7/13/2009 Page 9 CONSULTING Downtown Dublin S is PI EIR~~ Scope of ork Interim Year 2020 Intersection Analvsis (Optional) Typically, programmatic environmental documents do not have an interim year analysis since the specific projects are not identified at the time the programmatic work is completed. However, if substantial mitigation is necessary to address specific plan-related impacts in Year 2030, an interim analysis year can be performed to approximate the period when mitigation measures must be installed. For this task, Fehr & Peers would use straight-line factoring to determine the Year 2020 traffic forecasts and evaluate whether or not mitigation measures would be necessary prior to buildout. Meetings This scope of work assumes attendance at 2 project team meetings. Fehr & Peers will be available to attend additional meetings on atime-and-materials basis. Air Quality and Global Climate Change The Air Quality, Greenhouse Gas Emissions, and Global Climate Change section of the EIR will address constriction-related emissions, long-term emissions, and the affects of global climate change with implementation of the proposed project. The City of Dublin is located within the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). RBF will describe the meteorological conditions and discuss ambient air monitoring data collected for the nearest monitoring station. A description of the regulatory framework relating to air quality (i.e., California Clean Air Act, Air Quality Management Plan, etc.) will also be provided. Construction-Related Emissions. Equipment exhaust and fugitive dust emissions resulting from construction activities will be quantified using URBEMIS2007. Based on landform /grading / demolition /excavation data and assumptions provided by the project applicant (i.e., number/type of equipment needed for grading activities, project phasing, etc.), the analysis will estimate equipment exhaust emissions utilizing the latest emission factors as prescribed by the California Air Resources Board (GARB) and the EMFAC2007 and OFFROADS2007 models. Emissions from soil hauling activities will also be quantified, if necessary. Fugitive dust emissions will be quantified based upon the area daily disturbance. Long-Term Emissions. RBF will quantify operational emissions then provide a comparison to the BAAQMD thresholds of significance. The emissions will be quantitatively derived utilizing the EMFAC2007 and URBEMIS2007 models. Project consistency with BAAQMD Air Quality Management Plan plans, including the Clean Air Plan, will be evaluated. Potential Toxic Air Contaminant exposure due to the proximity to the BART station will be addressed. However, a full Human Health Risk Assessment is excluded from the scope of work. Should project traffic warrant Carbon Monoxide hotspot modeling, RBF will model intersections utilizing the BREEZE ROADS model. Global Climate Change. RBF will follow the approach described in the California Air Pollution Control Officers (CAPCOA) CEQA and Climate Change White Paper (January 2008) and CARB's Climate Change Proposed Scoping Plan (October 2008). The analysis will quantitatively assess the greenhouse gas emissions (nitrous oxide, methane, and carbon dioxide) from both direct and indirect sources. RBF will draft a short section describing the status of regulatory development of AB-32 (Global Warming Solutions Act), Senate Bill 97, Senate Bill 375, and Executive Order S-3-05. RBF will also assess the project's significance 7/13/2009 Page 10 ^-~ CONSULTING ~.~ ~; ~ Downtown Dublin Specific Plan IR Scope of Work based upon the project's consistency with the California Attorney General's Recommended Mitigation Measures and quantitative limit derived from the CARB scoping plan and CAPCOA white paper. Noise and Vibration The noise and vibration section of the EIR will address constriction-related noise/vibration, as well as operational noise with implementation of the proposed project. RBF will review applicable State and City noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts in the noise standards for the City of Dublin will be discussed for land uses on and adjacent to the planning area. RBF will utilize previous noise analysis for the area, including the West Dublin BART Supplemental EIR and current City noise standards to qualitatively describe the noise and vibration conditions for both short-term construction and long-term operation. Deliverable 2C: Environmental Analyses -Transportation and Circulation; Air Quality and Global Climate Change; Noise and Vibration. Completion Date: April 30, 2010 Growth Inducement and Cumulative Impacts RBF will discuss potential growth-inducing impacts pursuant to CEQA Guidelines Section 15126.2. The analysis in this section will be based on data from the Association of Bay Area Governments (ABAG), California Department of Finance, and U.S. Census data. Potential sources of growth inducement and their impacts, such as removal of obstacles to growth, will be analyzed qualitatively to the extent they are applicable. In accordance with Section 15130 of the CEQA Guidelines, this section provides a listing of cumulative projects and actions under consideration. RBF will consult with City staff to define the appropriate study area for the cumulative analysis (e.g. list of approved, pending or proposed development projects in the City or general plan buildout). RBF will discuss cumulative impacts for each environmental issue area identified above, and will provide both quantitative and qualitative levels of analysis. Alternatives Pursuant to CEQA Guidelines Section 15126.6, RBF will provide an analysis of up to three (3) alternatives, including an analysis of the "No Project" Alternative. The City is seeking a sufficient level of detail to allow decision makers to gain a greater understanding of all alternatives should a determination be rendered to support an alternative development scenario. This alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA requirements. Additional Sections RBF will provide additional sections in the EIR to meet the CEQA Guidelines including the following: Significant Irreversible Environmental Changes, Effects Found Not to be Significant, 7/13/2009 Page 11 CG NSU LTING ~~ ~ ~7 Downtown Dublin Specific Plan EI Scone of Work Inventory of Mitigation Measures, Inventory of Unavoidable Adverse Impacts, and Organizations and Persons Consulted /Bibliography. This scope of work assumes that Effect Found Not to be Significant will include: Agricultural Resources, Biological Resources, Cultural Resources, Mineral Resources, Population & Housing, and Recreation. This section will be provided to the City as part of Deliverable 2A as described in the RFP. Mitigation Monitoring Program To comply with the CEQA Guidelines Section 21081.6, RBF will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through working with City staff to identify appropriate monitoring steps/procedures and in order to provide a basis for monitoring such measures during and upon project implementation. The Mitigation Monitoring and Reporting checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the proposed project. The checklist indicates the mitigation measure number as outlined in the EIR, the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. EIR Graphic Exhibits The EIR will include exhibits to enhance the written text and clarify the proposed project environmental impacts. Using state-of-the-art computer design equipment and techniques, our in-house graphic design team will create professional quality, black and white or full color exhibits, dividers and covers for the EIR and Appendices. All exhibits will be 81/2" x 11" in size. Prepare Administrative Draft EIR RBF will assemble all completed sections into a single consolidated Administrative Draft EIR submittal (ADEIR) with appendices. The completed ADEIR will include edits to previous deliverables. The ADEIR will include figures to enhance the written text and clarify the proposed project's environmental impacts. The entire document will be reviewed to ensure consistent references to terms, methodology of analysis, correct use of grammar, etc. Prepare Public Review Draft EIR RBF will respond to the City's review of the ADEIR and will prepare the Public Review Draft EIR for the required 45-day public review period. This subtask also includes preparation of en electronic screencheck EIR prior to publication of the public review draft EIR. In addition, RBF will prepare the Notice of Completion (NOC) for submittal to the State Clearing House at the Office of Planning and Research (OPR). RBF will also prepare the Notice of Availability (NOA) for delivery to the State Clearinghouse. RBF will also work with the City to develop a distribution listing for the NOC and Public Review Draft EIR. It is assumed that the City will be responsible for publishing the NOA in the newspaper. Deliverable 3A: Growth Inducement and Cumulative Impacts; Alternatives; Additional Sections; Mitigation Monitoring Program; EIR Graphic Exhibits, Administrative Draft EIR; and Public Review Draft EIR. 7/13/2009 Page 12 CON5UtT~NG Downtown Dublin Specific Plan EI~~- Scone of Work Complete Date: June 15, 2010 Phase 3 -Certification of the Environmental Impact Report Public Meetings and Project Management RBF will attend the following meetings for the project: • Project Kick-off Meeting • Two coordination meetings with City Staff • Public Scoping Meeting • Community Workshop • Joint City Council/Planning Commission Study Session • Planning Commission Hearing on the DDSP • City Council Hearing on the DDSP Administrative Final EIR and Response to Comments RBF will meet and/or coordinate with City staff to review written comments on the Public Review Draft EIR; comments from public meetings/hearings; and develop a strategy and framework for responding to comments. Given the fact that RBF does not know how many comment letters and public hearing comments will be received, an effort estimate has been provided in the budget. Once all comments are received, RBF will review them and discuss any modifications to the budget estimate with City staff. Upon review of the comment letters and discussions with City staff, RBF will prepare an Administrative Final EIR with written responses to comments received on the Public Review Draft EIR that raise significant environmental issues. The Administrative Final EIR will consist of comment letters, responses to comments, and Public Review Draft EIR errata pages indicating text changes in underlined text for additions and strikeout text for deletions, with notations for the relevant response to comment. Draft Mandatory Findings RBF will prepare the Draft Statement of Facts and Findings, including Statement of Overriding Considerations for the EIR. RBF will prepare the Findings in accordance with the provisions of Sections 15091 and 15093 of the CEQA Guidelines and in a form specified by the City. The Findings will be written in such a way that they represent a "decision" package for the project approval process. If any impacts are found to be significant and unavoidable, a Statement of Overriding Considerations will be prepared describing why the proposed project should be approved despite the significant and unavoidable environmental impacts. 7!13/2009 Page 13 C^NSULTING 3 ~ ~ 3~ Downtown Dublin Specific PIa IR Scope of Work Final EIR RBF will respond to City comments on the Administrative Final EIR, complete necessary revisions, and prepare the Final EIR. RBF will also prepare and file the Notice of Determination (NOD) within five (5) days of certification of the EIR by the City Council. Deliverable 3B: Administrative Final EIR and Responses to Comments; Draft Mandatory Findings; and Final EIR. Completion Date: September 30, 2010 Project Assumptions In addition to any assumptions noted above, the scope and associated costs are based on several key assumptions, including the following: 1. The cost estimate includes meetings in Dublin that are identified in this scope of work. Additional meetings would be billed on a time and materials basis. 2. All technical material, maps, project plans, GIS data, etc. will be provided to the RBF Team at or before the project kickoff meeting and that no further modification to the data will be required. 3. This scope of work assumes that Effect Found Not to be Significant will include: Agricultural Resources, Biological Resources, Cultural Resources, Mineral Resources, Population & Housing, and Recreation. 4. All products will be submitted to the City in electronic (PDF) format on a CD (and source files if requested), except for printed copies as identified in this scope of work. 5. City staff will act as a clearinghouse for comments on all administrative draft documents and will provide RBF with a single, internally reconciled set of comments for each submitted draft document. 6. There will be a single round of review and revision to each Administrative Draft product prior to the Screencheck Draft. If City staff feels that a second Administrative Draft is needed, a contract amendment allowing additional work may be necessary, depending on the circumstances associated with the additional changes. 7. Revisions to the Screencheck Draft will focus on typographical errors, formatting issues, and other minor edits. Such revisions will not include content changes. 8. The City will develop the mailing list for distribution of the EIR and notices by RBF. The City will be responsible for newspaper costs of publication of notices, which will be billed directly to the City, so they are not included in the proposed budget. 9. The budget is based on completion of work within an agreed upon schedule. If substantial delay occurs, an amendment of the budget will be warranted to accommodate additional project management time and other costs. Substantial delay is normally defined as 90 days or more. 7/13/2009 Page 14 CONSLI LTING ~~ ~~~ Downtown Dublin Specific Pla IR Scone of Work 10. The extent of public comments received on the Draft EIR is not predictable. The proposed budget includes a reasonable preliminary estimate of time to respond to comments (169 hours). RBF will consult with City staff after the evaluation of the comments to determine if the preliminarily estimated budget is sufficient. 11. Once the proposed project description, baseline and alternatives are approved by the City for analysis in the EIR, it is assumed that they will not change significantly thereafter. If changes requiring revisions to the analysis of rewriting of the EIR information occur, an amendment of the budget would be warranted. 12. The CEQA statutes or guidelines may change during the course of this EIR, or legal decisions can alter the extent of the analysis needed. If amendments or decisions redoing work already performed or substantially increasing effort, a contract amendment may be warranted. 13. This project includes an allowance for printing as shown in the attached budget. This is an allowance only, based on the numbers of products and copies shown in this scope of work. If this allowance is exceeded, additional printing costs will be billed at RBF's actual cost. 14. City staff will be responsible for meeting logistics, including schedule coordination, public outreach, document production, printing notices, mailing costs, room reservations, room set-up and take-down, and refreshments. 15. The City will be responsible for identifying and communicating with all stakeholders including on-going scheduling and coordination and distribution of all materials. 16. City staff will coordinate/schedule City department meetings. 17. No new technical analysis or preparation of technical reports will be required, other than those identified in this scope of work. 18. Project schedule assumes timely review by City staff (20 working days) for all product deliverables and assumes concurrent preparation of the EIR with the Specific Plan 19. RBF Consulting retains the right to transfer budget allocations between tasks to support completion of the work products, as needed, as long as the total budget is not exceeded. Shifts in task budget allocation will be at the discretion of RBF's Project Manager. 7/13/2009 Page 15 C^NSULT~NG