HomeMy WebLinkAboutReso RDA 6-2004RESOLUTION NO. RDA 06-2004
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING AN AGREEMENT WITH PLACEMAKERS,
LAND USE AND ENVIRONMENTAL CONSULTING IN AN AMOUNT OF
$117,904 TO PREPARE THE ENVIRONMENTAL IMPACT REPORT (EIR)
FOR THE REDEVELOPMENT PLAN AMENDMENT TO ADD THE OYSTER
POINT MARINA AND BUSINESS PARK TO THE DOWNTOWN/CENTRAL
REDEVELOPMENT PROJECT AREA AND DESIGNATING THE
REDEVELOPMENT AGENCY AS LEAD AGENCY FOR THE EIR
WHEREAS, staff recommends that the Redevelopment Agency authorizes an agreement with
Placemakers, Land Use and Environmental Consulting in an amount of $117,904 to prepare the
environmental impact report (EIR) for the Redevelopment Plan Amendment to add the Oyster Point
Marina and Business Park to the Downtown/Central Redevelopment Project Area and designating
the Redevelopment Agency as lead agency for the EIR; and
WHEREAS, the environmental work for the Downtown/Central Redevelopment Project Area
Plan Amendment will be conducted in tandem with the Fiscal Merger process and is projected to be
completed in July of 2005; and
WHEREAS, funds for this activity have been encumbered in the current Redevelopment
Agency budget.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
South San Francisco that the Redevelopment Agency hereby authorizes an agreement in the amount
of $117,904 with Placemakers, Land Use and Environmental Consulting to prepare the
environmental impact report (EIR) for the Redevelopment Plan Amendment to add the Oyster Point
Marina and Business Park to the Downtown/Central Redevelopment Project Area and designating
the Redevelopment Agency as lead agency for the EIR. A copy of the agreement is attached.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute
the agreement on behalf of the Redevelopment Agency of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Redevelopment Agency of the City of South San Francisco at a regular meeting held on the 28th day
of April 2004 by the following vote:
AYES'
Boardmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
Vice Chair Raymond L. Green, and Chair Karyl Matsumoto
NOES' None.
ABSTAIN: None.
ABSENT' None.
ATTEST:
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
PLACEMAKERS
THIS AGREEMENT for consulting services is made by and between the City of South
San Francisco ("City") and PLACEMAKERS ("Consultant") (together sometimes referred to as
the "Parties") as of April 29, 2004 (the "Effective Date").
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.~ attached hereto and incorporated herein, 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 Effective Date
and shall end on , the date of completion specified in Exhibit
A, 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 profession. Consultant
shall prepare all work products required by this Agreement in a substantial, first-
class manner and shall conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
1.3
Assignment of Personnel. Consultant shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the
reassignment of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, reassign such person or persons.
1.4
Time. Consultant shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to meet the standard of
performance provided in Section 1.1 above and to satisfy Consultant's obligations
hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$117,904.00, 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
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 1 of 15
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.
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
2.2
Invoices. Consultant shall submit invoices, not more often than once a month
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. Invoices shall contain the
following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under the
Agreement, and the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable
time entries or time sheets shall be submitted showing the name of the
person doing the work, the hours spent by each person, a brief description
of the work, and each reimbursable expense;
· The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder, as well as a separate notice when the total
number of hours of work by Consultant and any individual employee,
agent, or subcontractor of Consultant reaches or exceeds 800 hours, which
shall include an estimate of the time necessary to complete the work
described in Exhibit A;
· The Consultant's signature.
Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 2 of 15
2.3
2.4
2.5
2.6
2.7
2.8
2.9
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
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.
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.
Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown on the following fee schedule:
Reimbursable Expenses. Reimbursable expenses generally identified below,
and shall not exceed five thousand nine hundred seventy five dollars ($5,975.00)
without prior written authorization. Expenses not listed below are not chargeable
to City. Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
Expenses include: mileage, tolls, copying, postage, overnight mail, document
production costs, supplies, equipment rental.
Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
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.
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.
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 3 of 15
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, unless otherwise specified below, shall
procure the types and amounts of insurance listed below 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.
Consistent with the following provisions, Consultant shall provide Certificates of Insurance,
attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or
currently maintains 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 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 fights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under
this Agreement.
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 4 of 15
4.2
4.3
Commercial General and Automobile Liabili~. Insurance.
4.2.1
General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the
term of this Agreement in an amount not less than ONE MILLION
DOLLARS ($1,000,000.00) per occurrence, combined single limit
coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement or the general aggregate limit shall
be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from
bodily and personal injury, including death resulting therefrom, and
damage to property resulting from activities contemplated under this
Agreement, including the use of owned and non-owned automobiles.
4.2.2
Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 or GL 0002 (most recent editions) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 coveting 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 8 and 9. 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 a certified endorsement to the policy:
ao
The insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
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.
Professional Liability. Insurance.
4.3.1
General requirements. 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) coveting the licensed professionals' errors and omissions.
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 5 of 15
4.4
Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2
Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
ao
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.
Ce
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
fight 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.
de
A copy of the claim reporting requirements must be submitted to
the City prior to the commencement of any work under this
Agreement.
All Policies Requirements.
4.4.1
Acceptabili~_ 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 complete certified copies of
all policies, including complete certified copies of all endorsements. All
copies of policies and certified endorsements shall show the signature of a
person authorized by that insurer to bind coverage on its behalf.
4.4.3
Notice of Reduction in or Cancellation of Coveraee. A certified
endorsement shall be attached to all insurance obtained pursuant to this
Agreement stating that coverage shall not be suspended, voided, canceled
by either party, or 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. In the event that any coverage required by this
section is reduced, limited, cancelled, or materially affected in any other
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 6 of 15
4.4.4
4.4.5
4.4.6
4.4.7
manner, Consultant shall provide written notice to City at Consultant's
earliest possible opportunity and in no case later than ten (10) working
days after Consultant is notified of the change in coverage.
Additional insured; primar.v insurance. City and its officers,
employees, agents, and volunteers shall be covered as additional 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, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in
the course of providing services pursuant to this Agreement. The
coverage shall contain no special limitations on the scope of protection
afforded to City or its officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating 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.
Deductibles and Self-Insured Retentions. Consultant shall disclose to
and obtain the approval of City for the self-insured retentions and
deductibles before beginning any of the services or work called for by any
term of this Agreement.
During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase
such deductibles or self-insured retentions with respect to City, its officers,
employees, agents, and volunteers. The Contract Administrator may
condition approval of an increase in deductible or self-insured retention
levels with a requirement that Consultant procure a bond, guaranteeing
payment of losses and related investigations, claim administration, and
defense expenses that is satisfactory in all respects to each of them.
Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified
endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and
forms of such insurance are either not commercially available, or that the
City's interests are otherwise fully protected.
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 7 of 15
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 gross 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
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 8 of 15
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 fight 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 fight 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 Aeent. 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~ 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
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 9 of 15
7.5
Section 8.
8.1
8.2
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.
Nondiscrimination and Eclual Oooortuni .t:¢. Consultant shall not discriminate,
on the basis of a person's race, religion, color, national ohgin, 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.
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
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
Consulting Services Agreement between the
City of South San Francisco' Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 10 of 15
8.3
8.4
8.5
8.6
Section 9.
9.1
Consultant for any otherwise reimbursable expenses incurred during the extension
period.
Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
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.
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.
Ootions ul)on Breach b_v Consultant. If Consultant materially breaches any of
the terms of this Agreement, City's remedies shall include, 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.
KEEPING AND STATUS OF RECORDS.
Records Created as Part of Consultant's Performance. All repons, data,
maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 11 of 15
9.2
9.3
Section 10
10.1
10.2
10.3
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 unless required by law.
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.
Ins[}ection 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.
MISCELLANEOUS PROVISIONS.
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 attomeys' 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.
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 San Mateo or in the
United States District Court for the First District of California.
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
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 12 of 15
10.4
10.5
10.6
10.7
10.8
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
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.
Successors and Assiflns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
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.
Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of
location, would place Consultant in a "conflict of interest," as that term is defined
in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to
this Agreement. No officer or employee of City shall have any financial interest
in this Agreement that would violate California Government Code Sections 1090
et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous
twelve (12) months, an employee, agent, appointee, or official of the City. If
Consultant was an employee, agent, appointee, or official of the City in the
previous twelve months, Consultant warrants that it did not participate in any
manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code § 1090 et. seq., the entire
Agreement is void and Consultant will not be entitled to any compensation for
services performed pursuant to this Agreement, including reimbursement of
expenses, and Consultant will be required to reimburse the City for any sums paid
to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code §
1090 and, if applicable, will be disqualified from holding public office in the State
o f California.
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 the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 13 of 15
10.9
10.10
Contract Administration. This Agreement shall be administered by
("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his
or her designee.
Notices. Any written notice to Consultant shall be sent to:
10.11
Any written notice to City shall be sent to:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
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," as in the following
example.
Seal and Signature of Registered Professional with
report/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.
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 14 of 15
10.13
Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one
agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO
PLACEMAKERS
Michael A. Wilson, City Manager
NalIle;
Title:
Attest:
Sylvia Payne, City Clerk
Approved as to Form:
Steven T. Mattas, City Attorney
207532 1
Consulting Services Agreement between the
City of South San Francisco Redevelopment Agency
and PLACEMAKERS, Land Use and Planning Consultants
April 29, 2004
Page 15 of 15
EXHIBIT A
SCOPE OF SERVICES
1.0 Scope of Work
The Scope of Work presented below is based on our understanding of the project at this time.
Task 1 PREPARE INITIAL STUDY
After contract negotiations are complete, PLACEMAKERS will meet with City staff (project
initiation meeting) to discuss environmental issues. Available project information and
background data will be collected from the City. Relevant data available from other public
agencies also will be collected. The Initial Study will be prepared to focus the environmental
topics for evaluation in the EIR. It is anticipated the Initial Study will focus out the following
environmental topics: agriculture, cultural resources, mineral resources and population and
housing.
Five copies of the Administrative Draft Initial Study will be submitted to the City for staff
review and comment. The Initial Study will be revised based on staff comments and two copies
of the Final Initial Study will be submitted to the City.
Task 2 PREPARE PROJECT SCHEDULE
A comprehensive project schedule will be prepared in coordination with City staff and the Lead
Consultant's schedule for preparation of the Plan Amendment.
Task 3 PREPARE ADMINISTRATIVE DRAFT EIR (ADEIR)
An ADEIR will be prepared in full compliance with CEQA. It will provide a comprehensive
analysis of project impacts. Presented below is a description of the sections included in the
ADEIR. Eight copies of the ADEIR will be provided to the City.
3.1 Executive Summary
An executive summary will be prepared and will include a project overview and a table that
presents project impacts, their significance before mitigation, mitigation measures and
significance of project impacts after mitigation.
3.2 Introduction
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 1 of 12
The introduction will include a discussion of the project purpose and objectives, intended uses of
the EIR and a description of the CEQA process.
3.3 Project Description
A project description will be prepared that describes the project history and background of
Oyster Point, a description of the physical characteristics of the project site, the Plan Area
amendment process including jurisdictional and permitting agencies. A project location map will
be prepared and included. The project site plan and other drawings provided by the project
applicant also will be incorporated into the project description. A draft project description will be
submitted to the City for review and approval prior to initiation of project impact analysis.
3.4 Environmental Setting, Potential Impacts and Mitigation Measures
A comprehensive discussion describing the setting, potential project impacts and feasible
mitigation measures will be prepared for each environmental topic.
3.4.1 Land Use
Issues: The project would add approximately 57 acres of marina, commercial/retail, hotel and
recreational use to the Plan Area. The relationship between the existing and planned land uses in
the Plan Area and the land uses and activities of the Oyster Point Marina and Business Park must
be identified. The anticipated land use effects resulting from expansion of the Plan Area will
need to be clearly identified, including the internal impacts (i.e. within the expanded
redevelopment area boundary) and the external impacts (i.e., surrounding land uses). Expanding
the boundaries of the Plan Area will result in BCDC having jurisdictional authority over portions
of the Plan Area.
Conduct Site Visit to Identify Existing Land Uses in Project Vicinity. A site visit will be
conducted to identify and map the land uses in the current Gateway Redevelopment Project
Plan Area and the Oyster Point Marina and Business Park and the immediate project vicinity.
Land use characteristics and activities will be described. The General Plan land use and
zoning designations, overlay districts, and any other land use restrictions will be shown for
the project area and the immediate project vicinity.
Assess Land Use Compatibility and Potential Conflicts with Adjacent and Nearby Land
Uses. With the expansion of the Plan Area boundaries, there is the potential for increased
intensities of land use within the area. The affects of increased commercial/retail land use
activity on recreational facilities at the marina will be analyzed. The potential land use
impacts of the proposed project on nearby uses will be described. A brief discussion of the
identification of Oyster Point as the site for a new ferry terminal will be provided, however,
as per the RFP, it will not be analyzed in the EIR.
Develop Mitigation Measures
Feasible mitigation measures to reduce or eliminate any potentially significant adverse land
use impacts will be developed.
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 2 of 12
3.4.2 Plans, Policies and Zoning
Issues: Multiple plans establish policies and govern land use development for the project area.
The Zoning Ordinance includes the Oyster Point Specific Plan District zoning district establishes
development standards and permits development of coastal commercial uses.
Evaluate Project Conformance with Applicable Plans and Programs
An evaluation of project conformance with the General Plan, Gateway Redevelopment
Project Area Plan, East of 101 Area Plan and Oyster Point Marina Specific Plan and Specific
Plan District and San Francisco Bay Plan will be undertaken. A conformance matrix will be
developed that identifies applicable planning policies, programs and guidelines and
summarizes project conformance with them.
Review Zoning Restrictions
The permit restrictions governing development at Oyster Point will be addressed.
Develop Mitigation Measures
Mitigation measures will be developed to address project conflicts with plans, policies,
programs and zoning requirements.
3.4.3 Visual Resources
Issues: The project site is adjacent to San Francisco Bay which is a valuable visual resource for
the City of South San Francisco. The Oyster Point Marina includes a windsurfing and boat
launch ramp, fishing pier, park and trails. Views of the Bay are available from all of these
recreational facilities. Although future development within the project site would most likely not
affect Bay views from recreational facilities, this should be confirmed. The Initial Study
prepared on the project will determine if the project could result in potentially significant impacts
to visual resources. If the Initial Study determines there are potentially significant visual impacts,
a visual resources section will be included in the EIR.
Describe Existing Conditions
The visual characteristics of the project site and vicinity will be described. Key observation
points will be identified in coordination with City staff for use in assessing potentially
significant visual impacts.
Identify Visual Impacts
Potential visual impacts resulting from development within the project site will be identified.
This will include an assessment of impacts from within the project site as well as impacts
within the redevelopment plan area and immediate project vicinity.
Develop Mitigation Measures
Feasible mitigation strategies will be developed to reduce or eliminate identified significant
impacts.
3.4.4 Traffic and Circulation
CCS Planning and Engineering will prepare the traffic analysis for the EIR.
Consulting Services Agreement between
City of and
[DATEI
--Exhibit A Page 3 of 12
Issues: The City's current traffic model does not include future development within an expanded
Plan Area. It will be necessary to update the traffic model to reflect changing development
conditions in the project area. New development, such as a hotel and conference center will
generate additional traffic affecting the level of service at nearby intersections. New
development will also affect circulation within the Plan Area. The adequacy of parking,
pedestrian safety and bicycle access are all important issues that must be addressed.
Project Initiation
A visit to the project site, data collection, scoping, and other preparation for the initial project
study will be undertaken. CCS will collect a description of the existing study roadway
characteristics and a description of transit service based on data obtained from published
documents.
Environmental Review
The existing studies and documents will be reviewed to validate the analysis results in the
study area. Based on these findings the East of 101 area-wide traffic model will be updated
to evaluate the existing peak hour traffic operations at the study intersections. The study
intersections include the 30 intersections evaluated as part of the East of 101 Traffic
Improvement Program (TIP).
Alternatives Analysis
Analyze the traffic conditions at the study intersections using the East of 101 area-wide
traffic model. The following future conditions will be evaluated:
Baseline Conditions
Project Conditions
Project Alternative Conditions
The Baseline Conditions include evaluation of the traffic projections under moderate traffic
demand management (TDM) conditions, as defined in the East of 101 TIP. No additional
study intersections will be evaluated under Baseline Conditions.
The Project Conditions include buildout of the Gateway Redevelopment area. Evaluation of
this scenario includes estimating the number of AM and PM peak hour trips that would be
generated by the assumed land use, and assigning these trips over the roadway network based
on the distribution patterns assumed in the model. The traffic operations of the study
intersections with these trips added to the existing counts will be evaluated. Additionally,
traffic operations at driveway intersections internal to the project area will be evaluated.
The Project Alternative Conditions will include the evaluation of traffic operations under an
alternate land use assumption in the Gateway Redevelopment area.
Concept plans and cost estimates for improvements at the study intersections are not included
in this scope and budget. The need for these items can be revisited once the improvements
have been determined.
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 4 of 12
Two separate documents will be prepared as part of this study:
(1) Addendum to the East of 101 Traffic Improvement Program. This document will include
the traffic analysis of the 30 study intersections revised to reflect the proposed Gateway
Redevelopment area land uses. A letter report will be submitted to the City for review.
(2) The traffic section of the Gateway Redevelopment Plan Amendment EIR. This document
will include the traffic analysis for the intersections directly impacted by the Gateway
Redevelopment project, as well as intersections internal to the project area.
3.4.5 Air Quality
Illingworth & Rodla'n will prepare the air quality analysis for the EIR.
Issues: The major air quality issue is the project's contribution to region-wide ozone precursor
(i.e., nitrogen oxides and reactive organic gases) emissions. Since the originally proposed
density and land use mix has been modified, the prediction of air quality pollutant emissions
must be revised. The major focus of the air quality analyses will be to identify differences in air
quality impacts between the approved specific plan and the recently modified plan. The
following scope of work is consistent with the CEQA guidelines published by the Bay Area Air
Quality Management District.
Describe Existing Conditions
The most recent air quality and climate data for the South San Francisco area will be used to
describe the area affected by the project.
Identify Air Quality Impacts
Potential air quality impacts will be identified at the regional and local levels. Construction
impacts will also be identified including:
Regional impacts. Air pollutants that are considered to affect air quality at a regional level
will be assessed. This involves the prediction of ozone precursor pollutants and PM10
emissions. These emissions will be predicted by combining forecasted travel activity
(vehicle miles traveled and speed) with vehicle emission factors. The most recent EMFAC7
model will be used to generate these emission factors. Predicted daily emissions resulting
from changes in the project will be compared against significance thresholds established by
the Bay Area Air Quality Management District.
Local impacts. If there are intersections that are anticipated to be more congested than under
the approved Area Plan, localized air quality impacts will be assessed. This would be done
by modeling future carbon monoxide concentrations using the appropriate computer model
along with the most recent emission factors (generated by the EMFAC7 model). The model
will predict roadside carbon monoxide levels. Appropriate background levels would be
added to modeled levels to predict future carbon monoxide concentrations. The significance
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 5 of 12
of carbon monoxide levels would be evaluated against a no-project scenario and state and
federal air quality standards.
Construction impacts. Dust from construction activities which could lead to both nuisance
and health affects will be analyzed. The focus of this analysis will be to determine the most
appropriate mitigation measures to reduce impacts to a level of insignificance.
Develop Mitigation Measures
Where appropriate, mitigation measures will be developed to reduce potentially significant
impacts. These would be based on previous mitigation measures, which are intended to
reduce automobile traffic and congestion. The effectiveness of the mitigation measures will
be evaluated based on published data presented by the Bay Area Air Quality Management
District and other agencies.
3.4.6 Noise
Illingworth & Rodla'n will prepare the noise analysis for the EIR.
Issues: The compatibility of future development with existing development and land use
activities within the project site as well as compatibility with adjacent land use activities outside
of the Plan Area is a key issue. The focus of the noise analysis will be to assess the noise and
land use compatibility of the proposed project against the Noise Element of the City's General
Plan and California State Building Code standards. Emphasis will be made on identifying
appropriate mitigation measures to reduce noise impacts from traffic and aircraft.
Describe Existing Conditions
Existing noise data collected for the project will be used to characterize noise conditions at
the project and project-affected areas. A site visit and short-term noise measurements will be
made. Future noise exposure contours prepared for San Francisco International Airport will
be used to assess aircraft noise impacts. Major noise sources (traffic and aircraft) will be
identified and characterized.
Identify Noise Impacts
Noise and land use compatibility. Future noise levels affecting the project uses will be
predicted based on predictions made for previous project studies. Substantial noise sources
that will affect the project include traffic and aircraft. These levels will be compared against
noise and land use compatibility guidelines contained in the Noise Element of the City's
General Plan to determine the significance of the impact. Mitigation measures to reduce
significant impacts will be identified and evaluated. These measures may take the form of
noise barriers or minor design modifications. Traffic noise modeling would be conducted to
evaluate the effectiveness of sound walls or backyard fences in reducing noise levels at
residential locations.
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 6 of 12
Traffic noise impacts. Changes in noise levels resulting from project generated traffic
compared to the approved project traffic will be predicted. These changes will be compared
against appropriate standards of significance.
Construction noise impacts. Construction activity noise levels will be predicted at any noise
sensitive areas, including newly developed residential areas that are part of the project. The
prediction of these noise levels will be based on the type and intensity of activities.
Develop Mitigation Measures
If necessary, mitigation measures for operational activities will be identified and evaluated.
Appropriate measures to reduce construction noise impacts will be identified.
3.4.7 Biological Resources
Environmental Collaborative will prepare the Biological Resources section of the EIR.
Issues: The project site is adjacent to San Francisco Bay. The site consists of reclaimed land and
major biological constraints are not anticipated. However, it will be necessary to confirm the
presence or absence of sensitive biological resources such as seasonal wetlands and populations of
special-stares species. The Initial Study prepared on the project will determine if the project could
result in potentially significant impacts to biological resources. If the Initial Study determines
there are potentially significant biological impacts, a biological resources section will be
included in the EIR.
Describe Existing Conditions
Collect and review existing information on biotic resources in the project vicinity. Information
sources will include: environmental documentation for other development applications in the
surrounding area, wetlands mapping prepared as part of the National Wetland Inventory, records
on occurrences of special-status taxa and sensitive natural commtmities maintained by the
California Natural Diversity Data Base and information on sensitive or special-stares taxa
available from the City, the Califomia Department ofFish and Game (CDFG) and the U.S. Fish
and Wildlife Service (USFWS) will be consulted to determine concerns or specific knowledge
of any sensitive resources in the area.
Conduct a field reconnaissance of the site, focusing on the remaining undeveloped parcels. The
survey effort will serve to identify vegetation types, wildlife habitat and prominent biological
features. No additional detailed field surveys are proposed. If additional surveys are determined
to be necessary to provide a conclusive determination on presence or absence of sensitive
resources, we will coordinate with the City to determine if the studies should be undertaken
during preparation of the Gateway Redevelopment Project Area Amendment EIR or
recommended as a mitigation measure to be undertaken when a specific development project is
proposed.
Identify Biological Impacts
Potential impacts to biological resources will be identified.
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 7 of 12
Develop Mitigation Measures
Feasible mitigation measures to reduce or eliminate any potentially significant adverse land
use impacts will be developed.
3.4.8 Hydrology and Water Quality
LFR will prepare the Hydrology and Water Quality section of the EIR.
Issues: The project site is a closed landfill that is adjacent to San Francisco Bay. Considerable
study has been undertaken to address the type, magnitude and extent of hazardous substances at
the project site. In addition, substantial analysis has been conducted to address the potential of
hazardous substances migrating into the Bay and adversely affecting water quality. Groundwater
wells have been installed at the landfill to monitor the amount of hazardous materials in
groundwater and their potential to migrate to the Bay. The stormwater runoff from future
development at the project site may also adversely affect Bay water quality. Much of the site is
in an A1 flood zone and the potential affects of flooding will require analysis.
Review Existing Reports and Background Information
Existing reports prepared on the project site will be reviewed including the Report of Waste
Discharge Oyster Point Landfill and Phase II Toxics Investigation/Work Plan prepared by
Gabewell, the PEA prepared by LFR and the Monitoring Plan prepared by CH2MHill. As
approphate, information from these studies, as well as others, will be incorporated into the
environmental analysis.
Describe Existing Conditions
The existing hydrologic conditions will be described. Most of the project site is developed
with existing office buildings, hotels, retail outlets, marina-related uses, and parking lots.
The hydrology of the regional watershed and the project watershed will be reviewed and
described. This analysis will include a description of watershed conditions, local wetland
areas, drainage patterns, flooding potential, and the relationship between groundwater and the
nearby San Francisco Bay. Drainage boundaries will be defined and existing rainfall runoff
characteristics will be presented, based primarily on information supplied with the project
application and through contacting public agencies. Any existing drainage, flooding, or
shoreline erosion/instability problems will be identified and described. Particular attention
will be paid to the relationship between the site drainage and the nearby shoreline.
Identify Hydrology and Water Quality Impacts
The hydrologic/drainage impacts of the proposed project will be analyzed. The amount of
land disturbance and impervious surfaces created will be assessed and this information will
be used to develop corresponding estimates of the projected change in runoff characteristics
for the developed conditions. The runoff impacts will be presented for all applicable
drainage sub-basins on the site and will cover both the effects on annual/seasonal runoff as
well as peak storm flow. The potential impacts of hydrologic changes will be identified and
described including any on-site flooding effects and shoreline erosion.
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 8 of 12
Potential changes in surface runoff water quality will be analyzed and described. This will
consider existing water quality conditions, to the extent they are known, and the likely
changes in the type and amount of runoff pollutants associated with site development.
Surface runoff management practices and design features planned for the project will be
taken into account in this analysis. Surface runoff water quality effects are anticipated to
relate primarily to erosion and sedimentation; but other effects from parking lot runoff and
site development will also be considered.
Develop Mitigation Measures
Mitigation measures will be identified for hydrologic-surface runoff impacts determined to
be significant or potentially significant under the proposed project. Mitigation may include
avoidance of certain critical drainage areas, design/management practices, drainage facility
improvements, and implementation of water quality best management practices.
3.4.9 Geology, Soils and Seismicity
LFR will prepare the Geology, Soils and Seismicity section of the EIR.
Issues: The project site is a closed landfill adjacent to San Francisco Bay. New development
occurring on the project site must be carefully constructed so as not to adversely affect the
landfill cap. The project site lies in the seismically active region of the San Andreas Fault
System. Building foundation designs must take into consideration the suitability of fill material
to support building loads. Because of the project site's location, there is a potential for severe
ground motion, liquefaction, densification or slope failure.
Review Existing Reports and Background Information
Existing reports prepared on the project site will be reviewed including the various
geotechnical reports prepared by Woodward-Clyde. As appropriate, information from these
studies will be incorporated into the environmental analysis.
Describe Existing Conditions
A site geological reconnaissance will be completed. The regional geology will be
summarized. The project site, a former landfill, is located in the Coast Range Geomorphic
Province, on the western edge of San Francisco Bay and is primarily reclaimed land. The
majority of the near-surface sediments consist of capped fill material. Subsurface conditions
will be generally described. The geologic conditions of the project site will be described.
Identify Geological Impacts
Regional and project site geology will be presented and summarized as it applies to
geological hazards of the area. The potential for severe ground motion, liquefaction,
densification, or slope failure will be estimated from published reports and studies.
Based on a review of published regional geological, soil, and fault related reports and maps,
potentially significant or significant geological and geotechnical impacts will be determined.
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 9 of 12
In addition, the site suitability for construction of roads and buildings based on the site soil,
rock, and slope conditions will be evaluated.
Develop Mitigation Measures
Feasible mitigation measures for all potentially significant and significant impacts will be
proposed. These may include avoidance of certain areas, and/or special design measures.
3.4.10 Hazardous Materials
LFR mil/prepare the Hazardous Materiah section of the EItL
Issues: The project site sits on reclaimed land that is a closed landfill. Closure of the landfill
involved extensive study and monitoring which is ongoing. Contamination of water and soil due
to the presence of hazardous substances is a key issue. Future development at the project site will
need to be studied to determine its affect on the landfill cap and potential exposure to hazardous
substances that may result from new development. In addition, there is the potential for
hazardous materials to be generated, stored, or disposed of due to operations from new
development.
Review Background Reports and Information
All available and applicable reports concerning hazardous materials present in the site
vicinity will be reviewed.
Describe Existing Conditions
The existing conditions at the project site will be summarized. Applicable information from
existing studies outlining the history of the project site will be summarized. Using existing
information, contaminated areas on the site and within the project area will be identified.
Identify Potential Impacts
Impacts of hazards and hazardous materials will be assessed. The potential for health risk to
the public and environment based on historical uses of the project site will be assessed. With
operation of the project, we will assess the potential for hazardous materials to be generated,
stored, or disposed of.
Develop Mitigation Measures
Appropriate mitigation measures will be recommended to offset potential hazards and
hazardous materials impacts.
3.4.11 Public Services and Utilities
Issues: New development in the project area will result in additional demand on public services
and utilities. It will be necessary to determine if current and planned capacities are adequate to
serve proposed new development at the project site.
Consulting Services Agreement between
City of and
[DATE]
--Exhibit A Page 10 of 12
Describe Existing Conditions
Available reports will be reviewed and the various districts, agencies and companies that
would serve development at the project will be contacted. Existing public facilities and
services will be described.
Identify Public Services and Utilities Impacts
Impacts on recreation, police protection, fire protection, water supply, wastewater, solid
waste disposal, phone and electricity will be assessed. It is assumed that schools will not be
adversely impacted by the project because the planned uses do not include residential use.
We will assess the project's impact on existing recreational facilities. We will discuss
estimated emergency response times and access to the project site for emergency vehicles.
We will calculate water and wastewater demand in consultation with the agencies. Solid
waste generation will also be estimated.
Identify Mitigation Measures
Appropriate mitigation measures will be recommended to offset potential impacts to public
services and utilities.
3.5 ALTERNATIVES
Up to three alternatives will be developed in coordination with the City. The alternatives will
include the CEQA-required No Project alternative and up to two other alternatives to be
developed in coordination with City staff.
3.6 OTHER CEQA REQUIRED SECTIONS
Impact analyses will be prepared for the following topics: cumulative impacts, growth-inducing
impacts, unavoidable adverse impacts, short-term versus long-term productivity, significant
irreversible environmental changes and effects found not to be significant.
3.7 PREPARE DRAFT EIR (DEIR)
Based on City comments on the ADEIR, the DEIR will be prepared and a camera-ready copy of
the DEIR will be submitted to the City for review and approval prior to document production.
The NOC will be prepared and filed with OPR. The City will be provided with 100 copies of the
DEIR. Additional copies of the DEIR will be provided at an additional cost.
3.8 PREPARE FINAL EIR (FEIR)
Responses to oral and written comments on the DEIR will be prepared and incorporated into a
Response to Comments document. An Administrative FEIR will be prepared and eight copies
will be provided to the City for review and comment. A total of 40 technical hours are estimated
to prepare responses to public comments. If additional time is necessary to respond to public
comments, this will be billed on a time and expense basis. The Response to Comments document
combined with the DEIR will constitute the FEIR. The City will be provided with 75 copies of
the FEIR. Additional copies of the FE1R will be provided at an additional cost.
3.9 PREPARE MITIGATION MONITORING PROGRAM
Consulting Services Agreement between
City of and
[DATEI
--Exhibit A Page 11 of 12
Prepare a Mitigation Monitoring Program (MMP) for the project in compliance with Public
Resources Code section 21081.6(a). The MMP will incorporate commenting agencies
recommendations for monitoring activities received during the public review period for the EIR.
3.10 MEETINGS
The project manager, Patricia Jeffery, will attend seven meetings including a project initiation
meeting with City staff, three meetings before the Planning Commission (study session and
public heating on DEIR and FEIR), one meeting before the Redevelopment Agency/City
Council (adoption of FEIR) and deputy project manager will attend up to seven meetings
including a kick-off meeting (see Task 1), three public meetings before the Planning
Commission including two public heatings and a study session, one public heating before the
Redevelopment Agency/City Council and up to two working meetings with City staff during
preparation of the Draft and Final EIRs. Loft Cheung, Deputy Project Manager, will attend up to
four meetings.
3.11 PUBLIC NOTICING
PLACEMAKERS will prepare the following notices for the public noticing and review process
for the EIR: Notice of Preparation, Notice of Completion, newspaper ad noticing public heatings
on the project and the Notice of Determination.
Consulting Services Agreement between
City of and
[DATEI
--Exhibit A Page 12 of 12
EXHIBIT B
INSURANCE CERTIFICATES
207532 1
Consulting Services Agreement between
City of and
--Exhibit B
[DATE]
Page 1 of 1