HomeMy WebLinkAboutItem 8.3 Arroyo Vista Environmental Impact
CITY CLERK
File # D~[Q]~-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 3, 2007
SUBJECT:
Consultant Services Agreement with Jerry Haag, Urban Planner, for
a joint Environmental Impact Statement/Environmental Impact
Report for the Arroyo Vista project.
Report prepared by Erica Fraser, Senior Planner
ATTACHMENTS:
/
1) Resolution approving a Consulting Services Agreement with
Jerry Haag, Urban Planner (with the Consulting Services
Agreement and Scope of Services attached as Exhibit A to
the Resolution).
2) Map of the Arroyo Vista site.
~ Adopt Resolution approving a Consulting Services Agreement with
\ Jerry Haag, Urban Planner (with the Consulting Services Agreement
and Scope of Services attached as Exhibit A to the Resolution) and
authorizing the City Manager to sign the Agreement on behalf of the
City.
RECOMMENDATION:
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FINANCIAL STATEMENT:
The total cost of the services will not exceed $130,240. The City's
costs will be reimbursable by the developer.
PROJECT DESCRIPTION:
The existing Arroyo Vista public housing development consists of 150 detached affordable housing units
and was built in 1982. It was developed and initially owned by the Housing Authority of the City of
Pleasanton. Ownership of the development was transferred to the Dublin Housing Authority (DHA) in
1986. The Arroyo Vista Housing Development is the only public housing development owned by the
Dublin Housing Authority. The Dublin Housing Authority contracts with the County of Alameda Housing
Authority to manage the property. The complex has design problems which have created ongoing
building maintenance problems, as well as sewer and water main problems. The City has begun the
process of redeveloping the existing site with a new residential development.
On May 20, 2003, the City Council authorized funding to conduct a PlanninglFinancial Feasibility
Analysis for the renovation/redevelopment of the Arroyo Vista complex based on recommendations from
the Dublin Housing Authority (DHA).
COPY TO: Consultant
File
ITEM NO.
80
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G:\Arroyo VistalCCSR 4.3.07.DOC
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On April 6, 2004, the City Council authorized a contract with Envirocom Communication Strategies to
assist the Dublin Housing Authority and the City in communicating the results of the feasibility study to
the Arroyo Vista residents.
On July 25, 2005, the City Council authorized an agreement between the City and the Dublin Housing
Authority to devote both staff and attorney resources to the DHA for possible redevelopment of the
Arroyo Vista Project.
During the Goals and Objectives session for Fiscal Year 200612007, the City Council assigned a high
priority for the analysis of possible redevelopment of the Arroyo Vista project.
On January 11, 2006, a Request for Qualifications for a Real Estate Developer for the redevelopment of
Arroyo Vista was distributed by the Dublin Housing Authority. In July of 2006, the DHA identified the
team of Eden Housing and Citation Homes Central as the Real Estate Developer with whom the DHA
would negotiate for the project. The Eden Housing and Citation Homes Central proposal for the
redevelopment of the Arroyo Vista project proposes 405 units which will be a mixture of affordable and
market rate units serving families as well as affordable senior units.
ANALYSIS:
As part of the development proposal, an environmental document is required to be completed. The City
regularly uses planning consultants to prepare environmental documents. The Environmental Consultant,
Jerry Haag, Urban Planner, has worked with the City on many occasions and has prepared environmental
documents for a wide range of projects including Dublin Ranch West and Casamira Valley.
The Consultant's proposal is for the preparation of a combined Environmental Impact
Statement/Environmental Impact Report (EIS/EIR) to review any environmental impacts resulting from
the development of the Arroyo Vista site with 405 dwelling units. The review will be conducted pursuant
to the National Environmental Protection Act (NEP A) and the California Environmental Quality Act
(CEQA). Review is required pursuant to NEP A because conveyance of the site to the development team
of Citation-Eden requires a federal agency, Housing and Urban Development (RUD), approval.
Staff anticipates that an Environmental Impact Statement will be required. In the event that an
Environmental Impact Statement is not required, a Finding of No Significant Impact (FONSI), which is a
less intensive document, can be prepared pursuant to NEPA. The Consultant's scope of work includes a
provision that a revised scope, budget and schedule will be submitted to the City for review in the event
that a FONSI can be prepared. A FONSI document would require fewer hours to prepare and therefore the
costs to prepare the FONSI would be less than an EIS. The contract includes language that the billed
amount is not to exceed the price estimated for preparation of an EIS/EIR.
The Consultant's scope of work would include:
Initial Study/Environmental Assessment Preparation
A CEQA-level Initial Study and NEP A Environmental Assessment (EA) will be prepared to identify
topics that will need to be addressed in the EIS/EIR.
EIS/EIR Preparation
The EIS/EIR will be prepared in accordance with NEP A and CEQA guidelines. An administrative draft
will be prepared and reviewed with City Staff, City Attorneys, the Applicant Team and the Department of
Housing and Urban Development (HUD) environmental staff. The draft document will then be circulated
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for public review in accordance with NEP A and CEQA guidelines. Staff anticipates that the Final EIRIEIS
will be complete in approximately four months, once the City Council has authorized the Exclusive Rights
to Negotiate Agreement with Eden Housing and Citation Homes Central and an application has been
received by the City.
Upon closure of the public review/comment period, an administrative Final EIS/EIR will be prepared for
review by City Staff, City Attorneys, HUD and the Applicant Team. Following these reviews, a Final
EIS/EIR will be prepared.
Public Meetings
The consultant will attend two public hearings to make a presentation regarding the project and answer
questions.
CONCLUSION:
The City has a standard contract for consultant services prepared by the City Attorney that Jerry Haag,
Urban Planner, has reviewed and accepted. Once an application has been received by the City from Eden
Housing and Citation Homes Central and the consulting services agreement has been signed by the City
Manager, the Consultant will begin work on the environmental review, in accordance with NEP A and
CEQA, for the project.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving a Consulting Services Agreement
with Jerry Haag, Urban Planner (with the Consulting Services Agreement and Scope of Services attached
as Exhibit A to the Resolution) and authorizing the City Manager to sign the Agreement on behalf of the
City.
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RESOLUTION NO. XX - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****************************************
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND JERRY HAAG,
URBAN PLANNER, AND AUTHORIZING THE CITY MANAGER TO SIGN THE
AGREEMENT
WHEREAS, the City of Dublin City Council has directed Staff to move projects expeditiously,
and hire consultant firms when services are needed; and
WHEREAS, Jerry Haag, Urban Planner, has shown the ability to perform the planning services
required; and
WHEREAS, Jerry Haag, Urban Planner, will perform the work outlined in the Proposal/Scope of
Services and according to the Fee Schedule and time line therein, which is included the Consultant
Services Agreement (Exhibit A to this Resolution); and
WHEREAS, the Consultant Services Agreement has been reviewed and approved by the City
Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreement with the above-mentioned consultant.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of April 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IArroyo VistalCC Reso JH contract.doc
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Attachment 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND JERRY HAAG
TH IS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Jerry Haag ("Consultant") as of April 3, 2007.
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 Services 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 upon completion of the services specified in Exhibit A, and Consultant shall
complete the services described in Exhibit A, unless the term of the Agreement is
otherwise terminated or extended, as provided for in Section 8. The time provided to
Consultant to complete the services required by this Agreement shall not affect the City's
right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assi!:lnment 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 one
hundred thirty thousand two hundred forty dollars ($130,240.00), 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
City of Dublin and Jerry Haag
April 3, 2007
Page 1 of 13
EXHIBIT A
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
. Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; Le., 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 Monthlv 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 Pavment~ City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 2 of 13
L-/ >>bl.1.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
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.
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 3 of 13
5(b"
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liabilitv Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of covera!:le. 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:
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 4 of 13
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a. City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSU L T ANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3 Professional Liabilitv Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page50f13
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a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptabilitv of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self.lnsured 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.
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 6 of 13
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During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Covera!:le. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 7 of 13
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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 AQent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governin!:l 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 Re!:lulations. 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.
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page8of13
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7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may ca'ncel 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
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 9 of 13
II b ~~
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 Assi!:lnment and Subcontractin!:l. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
9.1
Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 10 of 13
I t:fbit
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 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. 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.
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 11 of 13
I ?"l' D. '1 -~
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10.5 Successors and Assi!:lns. 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 Recvcled 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 S1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code S 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by 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:
Jerry Haag
2029 University Avenue
Berkeley, A 94704
Any written notice to City shall be sent to:
Jeri Ram, Community Development Director
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 12 of 13
i~'b~~
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility, 11 as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Inte!:lration. This Agreement, including the Scope of Services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
CONSULTANT
Richard C. Ambrose, City Manager
Attest:
Fawn Holman, City Clerk
Approved as to Form:
Elizabeth Silver, City Attorney
Consulting Services Agreement between
City of Dublin and Jerry Haag
April 3, 2007
Page 13 of 13
I?D6'l'~
March 23, 2007
Ms. Erica Fraser, AICP
Ms. Jeri Ram, AICP
City of Dublin Community Development Department
100 Civic Plaza
Dublin CA 94568
Subject: EIR/EIS Proposal-Arroyo Vista Project
Dear Erica and Jeri:
Based on the recent discussion with Department of Housing and Urban
Development (HUD) environmental staff, following is a preliminary proposal to
prepare a joint EIR/EIS document to allow the proposed Arroyo Vista project to
move forward. If it is determined that a lesser NEP A document (ie. FONSI) is
needed to deal with Federal requirements, a revised scope and budget will be
prepared and negotiated with the City.
It appears that the main difference between NEP A and CEQA is that NEP A requires
the EIR to include an equal treatment of the proposed project with a number of
feasible alternatives. This approach will be used in this document as well.
Scope of Work
The scope of work includes:
1) Project Orientation and Definition
This effort will include identification of a Project description, including generalized
information regarding the proposed disposition agreement and construction details.
A site visit will be conducted. It is anticipated that the applicants will provide both
full-size and reduced (8 1/2 x 11") copies of project plans, elevations and drawings.
2) Initial Study /Environmental Assessment Preparation
A CEQA-level Initial Study and NEP A Environmental Assessment (EA) will be
prepared to "focus out" topics that may not need to be addressed in the full
document.
Exhibit A
City of Dublin/ Arroyo Vista EA Proposal
February 20, 2007
p. 2
\ (Q cfb1
3) Administrative Draft EIRjEIS Preparation
The Administrative Draft EIRjEIS will include the following topics:
· Introduction: This section will include an overview of the proposed project,
report organization, site location, background of the Arroyo Vista complex,
project purpose, requested federal and local actions required to carry out the
proposed project, including disposition of the site and redevelopment of new
dwellings, and summary public comment opportunities.
· Project Alternatives, including the project objectives, possible alternatives
considered and rejected, the proposed project and alternatives that would
need to be developed in conjunction with City staff and the development
team. This section of the document will include project drawings and
elevations provided by others.
· Cultural and Historic Preservation: This would include an analysis of any
historic structures or cultural resources on the site, summarized from a report
prepared by a qualified architectural historian and archeologist. Impacts to
cultural resources under each of the alternatives will be analyzed in this
section. I propose to engage Miley Holman of Holman & Associates to
undertake this effort.
· Hydrology and water quality: To include a discussion of potential flooding
aspects of the project, including impacts to the underground aquifer and
coastal zone for all of the alternatives.
· Biological Resources, including consistency of the project and all of the
alternatives with the Federal Endangered Species Act, Wild and Scenic Rivers
Act, Wetlands Protection Executive Order. Impacts to special-status species
protected by state and local requirements will also be addressed for all
alternatives. Information for this section would be provided by WRA
Environmental. The biological resource section will also include a description
of on-site Heritage Trees, consistent with City ordinances, an assessment of
the health of such trees, impacts of the proposed project on heritage trees and
measures to protect trees during project construction. The tree impact
analysis will be prepared by David Babby of Arbor Resources.
· Air Quality, which would involve a discussion of the proposed project's and
alternatives consistency with federal Clean Air Act emission standards and
state emission standards. Information in which this section is based would be
prepared by Donald Ballanti, a certified air quality specialist based on El
Cerrito.
City of Dublin/ Arroyo Vista EA Proposal
February 20, 2007
p. 3 11 ~'Z 1,
· Agricultural Resources, which will likely be focused out in the IS/EA.
· Environmental Justice, including a discussion of project consistency with
Executive Order 12898.
· Noise impacts, including consistency of the proposed project and alternatives
with federal Noise Abatement and Control standards. Consistency with state
and local requirements will also be addressed. This section will be based on
noise measurements and projections undertaken by RGD Acoustical
Consultants.
· Hazards and Hazardous Materials, including consistency with HUD standards
for toxic and radioactive materials for all of the alternatives, based on a Phase
I ESA. Potential impacts to airports, airstrips and emergency evacuation
routes will be discussed. This section of the document will be largely based
on a Phase I ESA in general compliance with ASTM Standard 1527E-05 and
the US Environmental Protection Agency All Appropriate Inquiry rule. Dr.
Sigrida Reinis of Treadwell & Rollo's San Francisco office will be the
designated project manager for this Phase I ESA.
The Phase I ESA will review past and present land use practices, Site
conditions, and nearby off-site land uses to evaluate the potential presence of
petroleum hydrocarbons and hazardous substances in the Site soil and/ or
groundwater resulting from past and present Site land use activities and
nearby off-site operations. The scope of services for the Phase I ESA is
summarized below.
*
Review historical aerial photographs, historical business directories,
and/ or United States Geological Survey (USGS) historical topographic
maps for the site, as appropriate;
Perform a reconnaissance survey of the Site and observe the adjacent
properties, as accessible, to make visual observations of existing property
conditions, activities, types of land use, and businesses within the search
area;
*
*
Review relevant documents and maps regarding local geologic and
hydrogeologic conditions;
Review local, state, and federal records provided by a commercial
database search firm for government databases pertinent to a Phase I ESA;
and
Conduct inquires by telephone, visit, and / or written correspondence to
the California Department of Toxic Substances Control, San Francisco
*
*
City of Dublin/ Arroyo Vista EA Proposal
February 20,2007
p. 4 (<6 ;"b[, 'ir'
Regional Water Quality Control Board, Alameda County Environmental
Health Department and Dublin Fire Department regarding environmental
permits, environmental violations, incidents and/ or status of enforcement
actions at the Site.
Since there are existing structures on site, the following will also be
performed as part of this work:
* Asbestos-containing material assessment, and
* Lead-based paint assessment.
The above assessments will be made based only on a visual evaluation of
readily-accessible portions of the Site and will not include the collection and
laboratory analysis of any physical samples. We assume that you will
provide property information (i.e., legal description, assessor's parcel
information, etc.) and any available reports that may aid us in completing the
Phase I ESA.
· Soils and Geology, including a discussion of the alternatives with regard to site
slope conditions, erosion potential, soil suitability, seismic hazards and other
related topics. This section will be based on a site-specific environmental-level
geotechnical report prepared by the firm of Treadwell & Rollo. If possible, the
City may make copies of soils and geotechnical reports prepared by
surrounding projects available for review.
· Land Use Compatibility: This section will address conformity to any applicable
federal land use regulation, the City of Dublin General Plan and other land
use regulations and the potential for division of an existing community.
· Environmental Design/Aesthetics: This section will include a discussion of
consistency of the proposed project and alternatives with surrounding land
uses, density and urban scale. This section will also include an analysis of
consistency with City of Dublin land use regulatory requirements. As an
optional item, photosimulations can be prepared of existing and proposed
project conditions, but this is not part of the following budget.
· Socioeconomic/Population Impacts: This section will include of general
demographic changes on the project site and consistency with Housing
Element Quantified Objectives and affordability policies. Displacement of
existing residents to construct the proposed redeveloped project will also be
addressed.
· Community and Public Services, which will include a discussion of nearby
educational facilities, commercial facilities, health care facilities, social
City of Dublin/ Arroyo Vista EA Proposal
February 20,2007
p. 5 l q "b t, p
services, solid waste pick up availability, sewer, water and storm drain
facilities, public safety services, parks and open spaces.
· Transportation impacts: This section would need to be completed by an outside
consultant under direct contract to the City. The traffic consultant's report
should also address an evaluation of on-site circulation, public transportation
system impacts, sufficiency of on-site parking and adequacy of emergency
access.
· Natural Features, including nearby water resources, surface water quality
standards, agricultural lands, vegetation and wildlife. Information for this
section will be drawn from the biological analysis prepared by WRA and
discussion with City Public Works staff regarding surface water quality.
· Cumulative impacts, growth inducing impacts, significant and unavoidable impacts:
Each of these topics will be addressed.
· Consultation, coordination and integration with other federal requirements.
· Summary of Mitigation Measures.
· List of preparers and references.
Ten (10) copies of an Administrative Draft EIR/EIS will be prepared and reviewed
with City staff, City Attorney, the applicant team and HUD environmental staff. It is
anticipated that three meetings will be needed with various departments to discuss
the document.
4) Final EIR/EIS Document
A Final EIR/EIS will be prepared based on comments received from City staff, the
attorney's office and the applicant group. The Draft document will also include an
Introduction section with a summary table of impacts and mitigation measures by
alternative. Up to 100 (100) copies will be printed delivered to the City. Also, the
consultant will prepare a Notice of Availability for newspaper publication to start
the 45-day review period and the consultant will coordinate with HUD staff for
distribution to federal agencies and publication in the Federal Register.
City staff will be responsible for distributing copies of the DEIR/EIS to necessary
agencIes.
City of Dublin/ Arroyo Vista EA Proposal
February 20, 2007
p.6 to ~b2~'
5) Final EIRjEIS
Upon closure of the comment period, a administrative Final EIRjEIS will be
prepared for review by the City, HUD and applicant team. Following these reviews,
a Final EIRjEIS will be prepared and 100 copies printed.
It is anticipated the City Attorney's office will prepare the necessary CEQA
resolutions and findings.
6) Public Meetings and Follow up
The consultant will attend two public hearings to make a presentation regarding the
project and answer questions. Other technical subconsultants could also be in
attendance and this would be accommodated on a time and material basis.
Schedule and Budget
The budget to complete the scope of work shall be on a time-and material basis, not
to exceed $130,240, which includes cultural resources ($8,000), air quality ($8,000),
Phase I report and geotechnical analysis ($15,000), biological resources ($8,000),
acoustics ($10,000), heritage tree resources ($3,000) and report graphics ($4,000),
professional labor, and document printing and other direct costs. The budget does
not include any other technical subconsultants, environmental filing fees,legal
notice fees or the costs to obtain any required environmental permits. Completion of
photo simulations could be completed as a contract extra.
Project Team
The following list represents the individuals and firms that will assist in the
preparation of this document:
Biological Resources: WRA
Acoustics: RGD Associates, Inc.
Cultural Resources: Holman & Associates
City of Dublin! Arroyo Vista EA Proposal
February 20, 2007
J it"~
p. 6 "", tt'i.:; ,,',
Hazardous Materials: Treadwell & Rollo
Geotechnical: Treadwell & Rollo
Heritage tree resources: Arbor Resources
It is assumed that the City of Dublin will work with TJKM to obtain a proposal to
prepare the traffic impact analysis and the developmentteam will identify
appropriate firms to prepare a geotechnical report and Phase I Environmental Site
Assessment
It is anticipated that it will take approximately 12-16 weeks following receipt of a
Notice to Proceed from the City and applicant funding to complete an
Administrative DEIRjEIS. This could be delayed depending on the status of the
traffic analysis.
Please note that I'll be on vacation between mid-July and early August 2007.
Sincerel YI
~faY
Principal
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ATTACHMENT 2