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HomeMy WebLinkAboutMINUTES - 02122008 - C.40 r �/7 JS---- TO: BOARD OF SUPERVISORS : '{✓. ` ' '. Contra FROM: DENNIS M. BARRY, AICP =` Costa COMMUNITY DEVELOPMENT DIRECTOR ` ^' County ui,. DATE: FEBRUARY 12, 2008 SUBJECT: APPROVE CONSULTANT SERVICES CONTRACT WITH WALLACE, ROBERTS, AND TODD FOR THE PREPARATION OF SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT IN THE NORTH RICHMOND AREA AND A SPECIFIC PLAN PAYMENT AGREEMENT WITH SIGNATURE PROPERTIES TO PAY COUNTY FOR COSTS ASSOCIATED WITH SPECIFIC PLAN AND EIR PREPARATION (COUNTY FILES: GP#07-0008 AND SP#07-0001) (DISTRICT 1) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. APPROVE and AUTHORIZE the Community Development Director or his designee to execute a consultant services contract with Wallace Roberts and Todd effective February 13, 2008 to July 31, 2009 in an amount not to exceed $828,857.00 for the preparation of a Specific Plan and Environment Impact Report in the North Richmond area. 2. APPROVE a Specific Plan Payment Agreement with Signature Properties for payments to the County for the costs associated with the preparation of the North Richmond Specific Plan and the Environmental Impact Report, including the consultant services contract and County's administrative expenses, and AUTHORIZE the Chair, Board of Supervisors to execute said agreement with Signature Properties. ` t� CONTINUED ON ATTACHMENT: X YES SIGNATURE � RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EF APPROVE OTHER (4.�.�,t, SIGNATURE(S): ACTION OF BOA D N APPROVED AS RECOMMENDED OTHER VO E OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS (ABSENT CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: P. Roche, CDD-AP(925)335-1242 ATTESTED 61 �t:n:�3 LOL --A90 cc: CDD JOHN CLJLLEN, CLERK O E BOARD OF CAO SUPERVI ORS AND COUNTY ADMINISTRATOR Clerk y the Board County Counsel J.Kennedy,Redevelopment Agency J.Zawidski,Signature Properties(via CDD) BY S.Hammond,WRT(via CDD) February 12, 2008 Board of Supervisors County Files: GP#07-0008 and SP#07-0001, North Richmond area Page 2 FISCAL IMPACT No impact. Costs associated with the preparation of the Specific Plan and the Environmental Impact Report would be borne by the developer and other landowners/developers within the Specific Plan area. See proposed Specific Plan Payment Agreement under Exhibit"C" to this report. BACKGROUND/REASONS FOR RECOMMENDATION On June 5, 2007, the Board of Supervisors authorized the preparation of a Specific Plan for the northern, industrial area of North Richmond, generally bounded by Wildcat Creek, San Pablo Creek, Richmond Parkway, and the Union Pacific Railroad tracks (see attached aerial photo listed as Exhibit "A"). The purpose of the Specific Plan is to provide policy direction and guidance on how this area of North Richmond would develop as new neighborhood with a mix of residential, commercial and public uses. The Specific Plan was initiated at the request of Signature Properties, which is currently developing a 370-unit residential project on a 29-acre site at Pittsburg Avenue and Richmond Parkway within the proposed Specific Plan area and has controlling interest in another 55 acres within the Specific Plan study area. On July 25, 2007, the Community Development Department issued a Request For Proposals(RFP)from qualified planning and environmental consulting firms for the preparation of the North Richmond Specific Plan and an accompanying Environmental Impact Report. The RFP was sent to over fifty(50)consulting firms. Nine written proposals were received from consultant teams in response to the RFP issued by the County. Each of the written proposals submitted were evaluated by a team comprising of staff from Community Development, Redevelopment Agency, and Office of Supervisor District I, and a representative from Signature Properties. Five of the consultant teams were then invited to a follow-up interview session conducted by the evaluation team. The proposals were evaluated based on the consultant team's prior experience, technical capability, understanding of the project, work plan and approach, personnel assigned to the project and their availability,and cost effectiveness of the proposal. Based on these evaluation measures, the evaluation team determined that the proposal submitted by Wallace Roberts and Todd (W RT)for Specific Plan preparation and Environmental Science Associates (ESA) for the Environmental Impact Report were the most responsive and best matched the County's needs for this project in North Richmond. The Community Development Department recommends entering into a consultant services contract with Wallace Roberts and Todd as the lead consultant for Specific Plan preparation with ESA serving as a subconsultant responsible for EIR preparation. The proposed contract is an amount not to exceed $828,857.00. Attached for the Board's consideration, listed as Exhibit "B" to this report, is a copy of the proposed consulting services contract with Wallace Roberts and Todd, which includes the scope of services and budget. In addition to approval of the consulting services contract with Wallace Roberts and Todd, the Community Development Department is recommending the Board approve in substantially the form presented an agreement with the primary developer, Signature Properties, which is attached as Exhibit "C"to this report. This agreement would provide for developer funding to cover the consultant costs for Specific Plan and EIR preparation and enable the County to recover up to 15% (or approximately $125,000.00)of the consultant costs for the County's administration of the contract. County Counsel has reviewed and approved as to legal form the Specific Plan Payment Agreement with Signature Properties. Attachments(3 items) Exhibit"A": aerial photo of Specific Plan Study Area Exhibit"B": proposed consulting services contract with Wallace Roberts and Todd,including scope of services,budget,and schedule Exhibit"C": Specific Plan Payment Agreement with Signature Properties F:WM R,,hm 5p ft Plen\Cmsulinnt Cmtrectt 21 d. Exhibit "A": aerial photo of Specific Plan Study Area MEE 'Jif Z si ie D o 1, i s CD CL -- ° ... P i P�qn3 v. rpP ;Si o cn 070 Richmond Pkwy - - AD cava s' t9ui l V cn lit;St iasl mill 11111111111 g �111�111�111 81 s�IAS1e un st + O. •_®lllllill --II 9n s1 �1f111::��I► it Gbnmita$ to "ll .. Y R:auvA— �111111 JIM nn Union Pacific Railroad =r 3 O :3 , ` I CL v r Gia'nfgd ems.` •� Rumrill Blvd O 7 Exhibit "B": Proposed Consulting Services Contract with Wallace Roberts and Todd, including scope of services, budget, and schedule Contra Costa County STANDARD CONTRACT Number 49786 Standard Form L-1 (Purchase of Services - Long Form) Fund/Org# 3520 Revised 2002 Account # 2310 Other # SBCTRT 1. Contract Identification. Department: Community Development Subject: Preparation of Specific Plan and EIR in the N. Richmond Area (County File: GP#070o08 and SP#070001) 2. Parties. The County of Contra Costa, California(County),for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: WALLACE, ROBERTS, AND TODD Capacity: Prime Consultant Address: 1238 Mission Street, 4th Floor, San Francisco, CA 94103 3. Term. The effective date of this Contract is February 13, 2008. It terminates on Jules, 2009 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 828,857.00. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: N.A. L-1 (Page I of 2) Contra Costa County STANDARD CONTRACT Number 49786 Standard Form L-1 (Purchase of Services - Long Form) Revised 2002 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Section 31000 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By By Chairman/Designee Deputy CONTRACTOR Name of business entity Name of business entity By ( By( (Print name and title A, if applicable) (Print name and title B, if applicable) Note to Contractor: For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. L-1 (Page 2 of 2) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number C49786 Standard Form L-2 (Purchase of Services - Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On , before me, insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2 ( Page 1 of 1) Contra Costa County SERVICE PLAN OUTLINE Number C49786 Standard Form L-3 (Purchase of Services — Long Form) Revised 2002 1. Service Plan. See attached "Final Version North Richmond Specific Plan Scope of Services", "Cost Proposal: North Richmond Specific Plan and EIR for Contra Costa County (Budget)", and "Project Schedule: North Richmond Specific Plan and EIR. 2. Payment Provisions. See attached 'Cost Proposal: North Richmond Specific Plan and EIR (Budget)". Initials: Contractor County Dept. L-3 (Page 1 of 1) NORTH RICHMOND SPECIFIC PLAN SCOPE OF SERVICES Wallace Roberts&Todd ("WRT") shall prepare the North Richmond Specific Plan ("Plan")and all documents required by the California Environmental Quality Act, ("CEQA"), Public Resources Code§21000 et seq. Preparation and approval of the Plan will occur in three phases: Phase I: Defining the Issues and Assumptions Phase II: Exploring Alternatives Phase III-a: Preparing and Adopting the Specific Plan Phase III-b: Preparing and Certifying the Environmental Impact Report WRT shall retain the following subconsultants to prepare the technical analysis and discussion required in the Plan and CEQA documents: • Dowling Associates—transportation planning and traffic engineering • HMH—civil, public infrastructure, and utility engineering • Economic and Planning Systems(EPS)—economic and real estate market analysis • Environmental Science Associates(ESA)—preparation of the Environmental Impact Report and associated CEQA compliance activities WRT shall direct the tasks and activities of its subconsultants and ensure that the tasks, activities, and/or products required by this Agreement are completed in a timely manner and in accordance with applicable standard of care for the given subconsultant.Where this scope of services references"WRT/..."and a particular subconsultant, it is understood that that particular subconsultant, under contract with and at the direction of WRT, will perform the relevant task or activity. Notwithstanding the preceding sentence, WRT is solely responsible for the performance of all services and tasks under this Agreement. PHASE I: DEFINING THE ISSUES AND ASSUMPTIONS WRT shall gather relevant background information, analyze the physical characteristics of the planning area, summarize the planning history and regulatory context, and determine the current attitudes toward future growth and development in the Plan area. WRT shall: 1)coordinate with the County's outreach consultant to understand the community's expectations, aspirations and visions for North Richmond; 2)identify potential opportunities and inherent constraints to these ambitions in the existing context; and, 3) understand the market conditions under which revitalization will take place. WRT shall combine the review of relevant background information with input from the County, site reconnaissance, and the detailed community and stakeholder direction facilitated by the County's community outreach consultant. WRT shall prepare a written summary of the goals, objectives, and priorities for the North Richmond planning area, a comprehensive written description of the physical and regulatory conditions of the planning area, a market overview, and an analysis of the specific opportunities and constraints these conditions pose for revitalization. Task 1.1 PROJECT INITIATION WRT shall confirm with the County the project parameters, including: clarifying approaches and project responsibilities;finalizing the project schedule; identifying critical players;collecting and reviewing existing materials; 1 of 27 Final Vers-or;North Richmond Specific Pian Scope of Services January 28,2008 familiarizing the team with the study area and its central issues; preparing base maps; and understanding the key concerns of the community. 1.1.1 Kick-off Meeting with the County(Team) WRT's Project Manager shall work with the County Project Team/staff to develop a comprehensive list of pertinent background materials, including: planning reports; detailed economic and environmental data; local codes and development standards; GIS data, including existing aerial photography and property maps; and other base data. WRT shall meet with the County Project Team/staff to determine final operating procedures, set critical dates for completion of milestones, identify dates for future regularly scheduled meetings, identify key contacts and process for ensuring ongoing communications between WRT and County. Product Summary of the comments and input heard at the kick-off meeting and durinq the tour of North Richmond described as Task 1.1.3 below. 1.1.2 Public Outreach Plan and Coordination(Team) County's communications/public outreach consultant will outline key elements of the public outreach plan and methods for reaching all members of the community and prepare preliminary findings. WRT shall attend up to six(6) stakeholder interviews in order to directly hear the various stakeholders' concerns prior to completing work on this initial phase.WRT shall provide limited graphic and content support to the County and community outreach consultant for stakeholder interviews, newsletters, and other efforts throughout all phases of the planning process. WRT shall modify and/or provide existing work product and review outreach consultant's products, but will not be responsible for generating new graphic materials for meetings directed by the County or the County's outreach consultant. 1.1.3 Regular Consultant Meetings with County Team and Staff WRT shall attend up to ten (10)coordination meetings between WRT and staff at regular intervals throughout the process, and WRT shall ensure that EPS attends up to three(3) meetings with staff. These meetings are in addition to specified attendance at the kick-off meeting,the public workshop, and public hearings. WRT shall ensure that HMH provides up to thirty-six(36) hours of meeting and coordination time in addition to the kick-off meeting and attendance at the public workshop. 1.1.4 Site Reconnaissance(Team) WRT shall tour the planning area and immediate surroundings with County team members. 1.1.5 Base Mapping(WRT) WRT shall use County-provided base material to create project base maps as well as format standards for graphics and text for all project products. Said base material may be provided in digital form as raster,AutoCAD, and ArcGIS type files. Product: WRT shall format base material for use bV the consultant team. Task 1.2 FACTORS ANALYSIS&"ISSUES, OPPORTUNITIES/ CONSTRAINTS, AND ASSUMPTIONS" MEMORANDUM WRT shall identify and analyze the factors(physical, regulatory, etc.) influencing the North Richmond planning area to identify issues implicating future use and design of the area. The analysis shall include review and discussion of current and past planning efforts. 1.2.1 Land Use and Regulatory Context(WRT) WRT shall review all applicable zoning, general plan policy, existing land use, and development activity in North Richmond and adjacent areas. WRT shall inventory existing land uses, identify vacant and underutilized parcels, and describe the pattern, intensity, 2 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 and character of land uses in the planning area and adjacent areas. WRT shall identify, describe and summarize the parcel sizes, ownership patterns, building types, and other land use characteristics that have the potential to influence planning decisions. WRT shall summarize current and past planning efforts. WRT shall attend up to six(6)stakeholder interviews(per Task 1.1.2)to obtain stakeholder perspectives on the land use context, existing issues, and potential constraints to redevelopment.WRT shall include summaries of the stakeholder interviews prepared by the County's outreach consultant in the"Issues, Opportunities/Constraints, and Assumptions" report(see later subtask). 1.2.2 Urban Design Character Inventory(WRT) Based on field observation and review of existing documents,WRT shall inventory the design and development character of the North Richmond area, both within the planning area and surrounding residential and industrial areas. WRT shall: • Identify and describe buildings with significant historic or architectural quality within the planning area • Identify and describe residential,commercial, industrial, and public buildings and spaces in the surrounding community that could serve as models/precedents for new development. • Identify and describe development patterns and building heights and massing • Identify and describe areas with existing or potential land use conflicts or synergies. • Identify and describe physical and visual connections and potential gateways between the planning area and the greater North Richmond • Prepare a graphic depiction of land use patterns, development forms, and building prototypes that exist in the North Richmond planning area that could influence the type and density of future planning area development. • Summarize the design implications of current and past planning efforts on future planning area development. Above work products shall be provided in the summary report(see later subtask). 1.2.3 Real Estate Market Assessment(WRT/EPS) WRT/EPS shall conduct a real estate market assessment that includes an evaluation of market potential over time for residential and neighborhood retail and office uses within the North Richmond planning area. Residential Market Assessment WRT/EPS shall assess the market potential for new residential development in the area, including a range of product types and tenure opportunities. The residential market assessment shall estimate the potential demand for housing over time. The analysis shall be based on the following: • Analysis of regional and area demographic trends, including current population, households, income levels, owner/renter composition, and projected population and household growth; • Forecast of residential demand within the market area; • Analysis of market performance of recently completed residential projects in North Richmond, including price points by product type and absorption rates; • Analysis of residential supply pipeline, including anticipated product mix and price points in the market area; • Discussions with residential brokers regarding preferred locations, product types, and sources of demand; • Case studies of successful, mixed-use residential projects in the market area and comparable locations; 3 of 27 Final Version North Ricninlur c Specific Plan Scope of Services January 28.2008 • Consideration of selected residential market niches that would best match local demand for housing; and • Forecast of market support for different residential product types in North Richmond by price, housing type, and tenure. Neighborhood Retail Market Assessment WRT/EPS shall evaluate the market support for new retail development, including the overall retail development that could be supported through time. This analysis shall be based on the following: • Historical and future population, household income,and demographic trends in North Richmond; • Current and future purchasing power and expenditure patterns of households within the local trade area; • The additional purchasing power under different housing development scenarios in the Specific Plan area; • Local capture and leakage of retail sales dollars in the trade area; • The amount, mix, and condition of competing neighborhood retail centers in the trade area; • Under construction, approved or planned additions to the supply of retail space in the trade area; and, • The insights, observations, and expectations of retail brokers, developers, and other industry experts knowledgeable about the area. Small Workspace Market Assessment WRT/EPS shall assess the potential demand for such workspaces from existing residents in the North Richmond area and the new residents in the Specific Plan area.The analysis will be based on the success of such small workspaces in other mixed-use communities, interviews with local workspace real estate brokers, and information from public outreach efforts. Product:Real Estate Market Assessment draft and f=inal reports. 1.2.4 Environmental Factors(WRT/ESA) In preparing the Environmental Impact Report,WRT/ESA shall consult with County staff early in the process to determine the project's physical characteristics and parameters for purposes of identifying issues and constraints at the project site and for the environmental analysis. WRT/ESA shall prepare, during Phase I of the Specific Plan process, an Existing Conditions Report that identifies existing physical site conditions and potential constraints information related to environmental factors, such as air quality; biological resources; cultural resources; geology, seismicity, and soils; hazards and hazardous materials; and hydrology and water quality.WRT/ESA shall incorporate known issues and constraints in its larger summary report (see later subtask)and prepare all required environmental documents consistent with the legal requirements of CEQA. 1.2.5 Transportation and Circulation(WRT/Dowling Associates) WRT/Dowling Associates shall contact all affected agencies to secure any available data, prior studies and other information that would provide a database for the technical studies to be conducted as part of this project. WRT/Dowling Associates shall review all available studies and traffic data to determine the site's existing constraints to development.WRT/Dowling Associates shall prepare a technical memorandum outlining its findings and assumptions in order to define the opportunities and constraints associated with the build-out of the specific plan area. Product WRT/Dowling Associates shall provide a transportation and circulation technical memorandum. 1.2.6 Utilities and Infrastructure(WRT/HMH) WRT/HMH shall analyze the existing utility infrastructure system serving the project area and any known capacity constraints through research of record documents and prepared reports(including the North Richmond Redevelopment Project Area Study)and utility agency coordination. WRT/HMH shall request letters of service intent 4 of 27 Final Version North Rici;rnond Specific Plan Scope of Services January 28,2008 from providers of gas, electrical and telecommunications services operating within the planning area. WRT/HMH shall prepare a summary report of the findings. Product. WRT/HMH shall provide a utilities and infrastructure technical memorandum. 1.2.7 Community Services and Facilities (WRT&ESA) WRT/ESA shall describe the existing and planned community services and facilities as relevant to North Richmond, including community centers, libraries, parks and recreational facilities, schools, other social service providers,and police and fire. WRT shall coordinate with ESA to ensure consistent and efficient collection of this data for both WRT's summary report as well as relevant sections of the Environmental Impact Report. 1.2.8 "Issues, Opportunities/Constraints, and Assumptions"Memorandum (WRT) WRT shall synthesize its studies, as well as the technical studies of its subconsultants and the report of the public outreach consultant, into a single"Issues, Opportunities/Constraints, and Assumptions"memorandum.The memorandum shall draw connections between land use, urban design,circulation, and infrastructure to identify the overarching issues,opportunities, and constraints facing the area as well as more detailed factors that could either help or hinder different types of residential and other redevelopment in the planning area.This analysis shall result in a series of maps and diagrams that depict the development suitability of different sections of the planning area and indicate appropriate ranges of development types and land uses. Areas that present unique redevelopment opportunities shall be defined,as will types of uses appropriate to each area,the available land area for substantial redevelopment,visibility and access, and other factors that support these uses and condition their density and form. WRT shall prepare a preliminary vision statement and associated goals and objectives for the planning area. The memorandum shall include descriptive text as well as maps and other graphics illustrating the memorandum contents. The memorandum and associated graphic materials are intended as working documents for use by WRT and County in the formulation and consideration of project alternatives in Phase Il. Product: WRT shall provide ten (10) copies of an "Issues, Opportunities/Constraints, and Assumptions" memorandum summarizing findings of the team's factor analysis and providing the basis for alternative development, and as an electronic version in a format which is substantiallV consistent with the County's Consultant Data Guidelines or in a format as directed by CountV staff. 1.2.9 County Review(WRT) WRT shall submit the opportunities and constraints analysis and the preliminary statement of goals for the planning area for review by the County Project Team/staff prior to developing alternatives. PHASE II: EXPLORING ALTERNATIVES This phase shall develop and explore the implications of three conceptual project alternatives—related to land use, circulation, open space, community facilities and services, and revitalization and economic development—comparing their relative merits and implementation challenges in achieving the project goals and objectives. Consistent with the County's desire for an integrated and overlapping Environmental Impact Report process,the alternatives developed here shall also serve as the basis for the later environment assessment in Phase III-b. Task 2.1 CONCEPT ALTERNATIVES WRT shall identify various land use, circulation, and open space and community facility alternatives for the planning area. To the extent feasible and appropriate,the land use, design,and redevelopment alternatives shall incorporate and reflect past planning efforts. 2.1.1 Land Use and Revitalization Alternatives (WRT) WRT shall prepare three draft concept alternatives for the revitalization of the planning area. WRT shall formulate in 5 of 27 Final Version North Richmond Specific Pian scope of Services January 28,2008 conjunction with County staff three alternative development concepts that respond to identified issues and opportunities. The alternatives may include, but are not limited to,the following: • The type, density, and distribution of land uses, including uses to attract, relocate, and discourage; • Areas appropriate for introducing new residential, commercial,civic, and employment-generating development; • Incorporation of different amounts of affordable housing both within and outside the planning area; • Possible development/land use scenarios for key sites; • Special treatments for landmark sites, gateways, and important connections and corridors; • Techniques for buffering new residential uses from existing or new industrial and the Richmond Parkway, UP Railroad tracks, and the potential alternative truck route; • Revisions to the motor vehicular circulation system to maintain access while calming traffic and addressing truck traffic concerns; • Enhancements to the transit, bicycle, and pedestrian systems to create"complete"streets; • Locations,form, and character of open space and park elements; • Incorporation of new community facilities and services into the larger urban context; and • Linkages and integration with the existing residential neighborhood to the south. The County shall approve direction of the three alternative concepts prior to WRT's further evaluation and development of the alternatives. 2.1.2 Alternatives Evaluation WRT shall prepare a comparative concept-level evaluation considering the qualitative advantages and disadvantages of each, as well as quantitative profiles where appropriate. Quantitative profiles could include number and type of residential dwelling units; square feet of commercial, office/R&D, and light industrial development; and generalized assessment of circulation and infrastructure demands. WRT/EPS shall prepare a financial feasibility analysis to evaluate the viability of the alternatives and to help identify the potential timing of new development. In cases where redevelopment is not currently viable,the evaluation shall identify changes in market conditions and/or the investments required to catalyze redevelopment. The following steps shall be included in the financial feasibility analysis: • Input market information on development values and other development characteristics from the market assessments and prior EPS experience into static builder pro formas to determine the viability of new development and the associated residual, improved land value. • Compare residual land value associated with each of the uses with the estimates of existing land values in the specific plan area to determine which uses are most feasible at the current time. • Evaluate effects of various affordable housing requirements on the feasibility of development of different residential uses. • Consider how changes in market conditions over time would affect feasibility of different uses. Collectively, the team's evaluation shall identify which concept is most realistic and most consistent with project goals. Product: Ten (10) copies of the alternatives evaluation, including the draft land use revitalization alternatives maps and sketch diagrams shall be prepared for County review. 6 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 2.1.3 County Review(WRT) The draft concept alternatives and the results of the draft alternatives evaluation shall be reviewed by the County Project Team/staff prior to presenting the concept alternatives to the community. Based on County input, WRT shall finalize the concepts and alternatives evaluation for presentation at a community workshop. Product: Summary of comments and input heard at the County Project Team/staff meeting to assist in the presentation of the concept alternatives in Task 2.1.4. 2.1.4 Community Workshop(Team) A community workshop shall be used to confirm the vision and goals established in concert with the outreach consultant and the County and to gather input on the alternative concepts based on the advantages and disadvantages of each as they relate to the vision and goals. The County and its outreach consultant shall organize the workshop in a manner that best responds to the specifics of the North Richmond community. As part of this exercise, plans, maps, photographs, graphics, and examples of relevant redeveloped areas prepared by WRT, shall be used to express possible land use patterns, development forms, building typology, retail concepts, and streetscape design. WRT and its subconsultants, less ESA, shall attend this meeting. Product:Summary of comments and input heard at community workshop to assist in the preparation of a preliminaN preferred concept in Task 2.2. Task 2.2 PREFERRED CONCEPT In this task, WRT shall incorporate outside input and conclusions reached in Task 2.1 and prepare a preliminary preferred concept that shall be refined based on additional County input,and which shall provide the basis for the North Richmond Specific Plan. 2.2.1 Preliminary Preferred Concept(WRT) Based on community and County input thus far, and on the evaluation of the physical and functional characteristics of the concept alternatives, WRT shall formulate a preliminary preferred concept for the planning area.The preliminary concept shall include various elements described in the concept alternatives as necessary—including land use, urban design, and community facilities—but will be developed at a more refined level to reflect input gathered at the community workshop. Product:A preliminary preferred concept sketch and summary for County staff review. 2.2.2 Preferred Concept Plan and Illustrations(WRT) WRT shall be finalize and consolidate the preferred concept into a cohesive scheme,with refinements incorporated according to input from the County.The preferred concept shall provide the basis and support for the policy framework, development standards and guidelines, and implementation measures that will comprise the specific plan document. Products: WRT shall prepare a detailed plan, as well as illustrative sections and sketches as appropriate, to further illustrate the preferred concept. Narrative text shall be provided describing the plan and the community's vision for the planning area The narrative shall be supplemented with a series of goals objectives and policies/actions. WRT shall submit 10 copies of the preferred concept plan. 2.2.3 Board of Supervisors and/or Planning Commission Review(WRT) WRT shall assist County in presenting the preferred concept to the Board of Supervisors and/or Planning Commission. Comments heard at these informational meetings will be used to reaffirm the direction of concept plan prior to the more detailed work of Phase III-a, preparation of the specific plan. 7 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 PHASE III-A: PREPARING &ADOPTING THE SPECIFIC PLAN This phase will more fully develop and document the preferred concept identified in Phase II into a comprehensive North Richmond Specific Plan in accordance with State content requirements for specific plans. This phase is identified as III-a so as to acknowledge that the specific plan shall be drafted concurrent with the preparation of the environmental impact report, Phase III-b. Task 3-a.1 ADMINISTRATIVE DRAFT SPECIFIC PLAN WRT shall prepare an Administrative Draft Specific Plan that includes the following: 3-a.1.1 Community Vision Statement&Introduction(WRT) • A statement of the community's vision for the North Richmond planning area. • The process used to define this vision and the role of the Specific Plan in ensuring its implementation. • The introduction shall describe the organization of the Specific Plan,the relationship of the Specific Plan to State law and the County's plans and laws, and other similar information. 3-a.1.2 Planning Area and Existing Conditions Element(WRT) • Brief discussion of the planning area as it now exists, including its location and context, current land uses and access, property ownership, and major constraints based on the"Issues,Opportunities/Constraints, and Assumptions"memorandum, consistent with the state law requirements for specific plans. 3-a.1.3 Land Use Element(WRT) • Discussion of land-use-related findings of the various component studies. • Land Use Diagram depicting the distribution and development density of the various uses to be permitted by the plan. • Identification of new land use designations with corresponding use regulations consistent with the preferred concept. • Goals, policies,and objectives supplemented by textual descriptions that indicate the nature and intent of the various components of the land use plan and how they will be achieved. • Goals, policies,and objectives regarding the types and intensities of uses the community envisions in the planning area in the near-and long-term (e.g., market-rate residential, affordable residential, retail, employment, parks and open space, right-of-ways/infrastructure, etc.), and strategies(e.g., regulatory, design, infrastructure, etc.)that can be implemented to ensure that such uses take hold and thrive. • Discussion of parks, open space, and natural resource preservation and enhancement. Specific recreational amenities and facilities shall be more fully discussed in the Community Facilities and Services element. • Analysis of the relationship of the Specific Plan to the policies of the Contra Costa County General Plan (2005-2020). To ensure success, the Land Use element shall be closely integrated with the Implementation Element described in Task 4.1.8. 3-a.1.4 Community Design Element(WRT) • Incorporate the findings of the design studies and define the overall design concept intended to guide future revitalization of the North Richmond planning area. • Specific recommendations regarding appropriate built form and design,the creation of specific sub-areas within the planning area based on other criteria(such as land use),the location and character of features 8of27 Final Verstun North Richmond Specific Plan Scope of Services January 28,2008 such as public open space areas or corridor"gateways,"and streetscape concepts. • Discussion of the desired height, bulk, form, orientation, and landscaping of buildings by sub-area. • Articulate guidelines that address the physical integration of new development with neighboring uses, appropriate visual and functional relationships between new and existing structures and public spaces, and the integration of parking areas into the urban fabric. • Analysis of design issues impacting or related to vehicle, pedestrian, bicycle, and transit facilities. • A comprehensive and integrated streetscape/landscape concept along with supporting goals, policies, and guidelines. The guidelines and design concepts shall be presented in both text and graphic formats, including a variety of sections, sketches, vignettes, and illustrations, as appropriate.The Specific Plan's streetscape design standards, roadway design standards, pedestrian and bicycle improvements, and transit service shall be addressed in the Transportation and Circulation Element. 3-a.1.5 Transportation and Circulation Element(WRT/Dowling Associates) This element shall establish a new roadway network as well as standards and policy guidance addressing transportation issues within the planning area. It shall include: 1. A circulation diagram showing all proposed major arterial,collector streets and major local streets necessary to serve planned development. 2. A pedestrian and bicycle plan for the entire specific plan area that links important internal destinations as well as nearby destinations and related facilities, such as Wildcat Creek Regional Trail. 3. Transit service suggestions and other policies and improvements designed to reduce vehicular trips and to improve access within the site and to the surrounding areas. 4. Street cross-sections that define the travel lanes, transit, pedestrian, and bicycle facilities, and frontage type to be provided along each type of internal street. 5. Traffic and transportation policies to be used as part of the detailed development of the specific sites within the Specific Plan area. 6. Methods for addressing truck traffic associated with existing and planned industrial and employment uses within and adjacent to North Richmond. 7. Implementation polices to be used as conditions of approval for the specific sites within the Specific Plan area. 8. Detailed recommendations to address acceptable peak hour level-of-service requirements at all locations that directly access the Specific Plan area. 9. Treatment of railroad crossings. WRT/Dowling Associates shall ensure that the roadway system and street sections are consistent with the urban design goals for the area. Costs for these improvements shall be estimated as part of the Utilities and Infrastructure Element and specifically addressed in the Financing Element. 3-a.1.6 Utilities and Infrastructure Element(WRT/HMH) WRT/HMH shall prepare the Utilities and Infrastructure Element, which shall include: Domestic Water Master Plan: This plan shall be based on the preferred specific plan concept and shall include existing and proposed water mains with sizes. ° Storm Drainage Master Plan This plan shall be based on the preferred specific plan concept and shall include the following: existing and proposed gravity-based storm drainage mains with sizes, existing creeks, 9 of 27 ririai Version North Rima gond Specific Plan Scope of Services January 28,2008 retention and/or detention basin locations, and existing and proposed outfall locations. WRT/HMH shall provide preliminary rational method calculations for the sizing of the storm drainage mains. Hydrology data for the Specific Plan prepared by the Contra Costa County Flood Control District shall be used as the basis for the Storm Drainage Master Plan. The Storm Drainage Master Plan shall also analyze the range of source control and stormwater treatment and flow control options for new development within the Specific Plan area,consistent with the NPDES Permit requirements of the Contra Costa Cleanwater Program, specifically the provisions of the C.3 permit, as they may amended from time to time. The Storm Drainage Master Plan shall include text descriptions and exhibits illustrating examples of typical landscape-based and mechanical treatment measures, such as cross sections, plan views and grading concepts, appropriate for the various types of proposed development. It is acknowledged that Contra Costa County's NPDES permit will be under review by the CA Regional Water Quality Control Board (RWQCB)and may be amended during period of the Specific Plan preparation. In the event that the NPDES permit is amended before the Specific Plan is adopted,the Right of Way cross-sections and other related infrastructure illustrated and/or described in the Specific Plan shall substantially reflect the requirements the County's NPDES permit as amended by the RWQCB. WRT/HMH shall provide preliminary determination of applicability of the County's Hydromodification Management Plan (HMP)to the planning area. Other hydrological impacts and mitigation measures,to the extent required by CEQA,shall be identified as part of the EIR process. ° Sanitary Sewage Master Plan: Prepare a Sanitary Sewage Master Plan based on the preferred specific plan concept and will include existing and proposed sanitary sewer mains with sizes.The Sanitary Sewage Master Plan shall include preliminary sanitary sewage system calculations for the sizing of sanitary sewage mains. ° Descriptive Text, Goals, Policies, and Guidelines: WRT/HMH shall include descriptive text, goals, policies, and guidelines to address domestic water, storm drainage, and sanitary sewage systems. Infrastructure Cost Estimates: Based on the preferred specific plan concept and master plans listed above, provide a preliminary opinion of probable construction and maintenance cost. This opinion of construction cost shall include typical street improvement unit costs based on street sections. Stormwater management features should be integrated into the street right-of-way sections and plans for any parks and/or other community facilities/public spaces. Phasing Analysis: Identify planning-level utility and infrastructure phasing relative to proposed land uses and development. 3-a.1.7 Community Services and Facilities Element(WRT) This element shall provide greater direction on the location, size, and character of planned community facilities, such as parks,trails, open spaces,and community centers,consistent with the community needs articulated throughout the outreach process. While these civic uses will be designated in the Land Use element,the Community Services and Facilities element will articulate the intended size, character, and programming of these improvements as well as their relationship to the larger planning area and community.To best serve existing and future residents and workers of North Richmond, some facilities could possibly be located outside the planning area in the larger North Richmond redevelopment area. While the costs of constructing and maintaining planned improvements shall be addressed in the Financing element, policy language may be included to guide the development and management of these facilities. 3-a.1.8 Financing Element(WRT/EPS) WRT/EPS shall prepare a Financing Element to identify potential funding sources for capital improvement costs and 10 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 the associated operations and maintenance costs. Develop Cost Database WRT/EPS shall compile a cost database that will provide a clear list of the improvements, their capital costs, and their associated maintenance cost.This database shall provide a platform against which financing options will be considered. Developer Capital Improvement Financing WRT/EPS shall evaluate the ability of private developers to contribute towards infrastructure costs and associated maintenance costs. Based on the earlier feasibility analysis and further feasibility model iterations, WRT shall estimate the overall development value associated with possible variants of the land use plan. The estimated development value will help determine the level of investment that could be made by developers in purchasing the land and investing in backbone infrastructure and other capital projects. The level of potential developer investment will be based on industry standards in terms of feasible investments in land and infrastructure as a percentage of development value. Public Investment in Capital Improvements WRT/EPS shall work with the Redevelopment Agency to provide an estimate of the new tax increment revenues that would accrue under the proposed Specific Plan.These estimates would indicate the level of revenue that would be available to invest in infrastructure costs as well as in affordable housing in the redevelopment area. Depending on the findings of Task 2.1 and the proportion of Specific Plan infrastructure development costs that could be covered by development, the County and RDA could decide the level of public investment appropriate for inside the Specific Plan area and the level of investment that could occur in the other areas of North Richmond. Capital Improvement Maintenance Funding WRT/EPS shall identify potential funding sources for the infrastructure maintenance costs and their implications. Financing Construction of Capital Improvements WRT/EPS shall identify methods of financing capital improvements and their maintenance, including but not limited to negotiated agreements with developers, development impact fees and Mello-Roos districts. WRT/EPS shall identify the legal authority and process for adopting and collecting cost-recovery fees associated with the preparation of the Specific Plan and EIR. WRT/EPS shall work with the County,the County RDA, and other Specific Plan stakeholders to help develop the preferred set of financing measures. 3-a.1.9 Implementation Element(Team) This element shall identify the regulatory actions necessary to adopt the Specific Plan, approve public and private projects under the adopted plan, and, if necessary, interpret or amend the plan. The element shall lay out the Specific Plan approval process, including the preparation of the Specific Plan EIR, necessary amendments to the Contra Costa County General Plan and Zoning Ordinance, and necessary approval hearings.The discussion of the EIR shall address the role of the Specific Plan EIR in streamlining future CEQA review of development projects that conform to the Specific Plan as well as the assumptions of the certified Specific Plan EIR. This element shall identify and discuss key implementing actions by the applicable parry, entity, person or organization. This element shall include an outline of the development approval process under the Specific Plan as it relates to the North Richmond P-1 zoning and other existing approval processes for both the County and project applicants. Finally, the Implementation Element shall include a plan administration section dealing with subsequent interpretations of and amendments to the plan. 3-a.1.10 Appendices (WRT) WRT shall prepare appendices describing the boundaries of the planning area, including ownerships based upon 11 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 County Assessor records;define key terms and land use classifications; and provide other background information necessary to understand the plan or its context. 3-a.1.11 Administrative Draft Specific Plan Assembly(WRT) WRT shall assemble and edit the various elements of the Specific Plan into a unified document ready for County review. Product: Ten (10) copies of an Administrative Draft Specific Plan shall be submitted to the County for review. Task 3-a.2 DRAFT SPECIFIC PLAN WRT shall coordinate the finalization of a Draft Specific Plan based on the review and input received from County Project Team/staff.This version of the plan will officially form the basis for the environmental assessment in Phase III-b. 3-a.2.1 County Review(WRT) WRT shall provide the County Project Team/staff with the Administrative Draft Specific Plan for their review and comments prior to releasing the Plan for public review in Task 4.3. WRT shall not distribute, provide or otherwise make available the Administrative Draft Specific Plan to any person, entity, organization or other without the prior written consent of County. 3-a.2.2 Draft Specific Plan(WRT) Following the review by County staff of the Administrative Draft Specific Plan, WRT shall incorporate comments received into the Final Draft Specific Plan, as required. WRT will submit 25 copies of the Final Draft Specific Plan for County distribution. Product Twenty-Five(25) copies of Final Draft Specific Plan and an electronic version in a format which is substantially consistent with the County's Consultant Data Guidelines or in a format as directed by County staff. 3-a.2.3 Public Hearings(WRT& Team) During the public review period for the Draft Specific Plan,WRT shall assist the County in the formal presentation of the plan to the Planning Commission and Board of Supervisors. It is assumed that EPS shall attend one meeting. Task 3-a.3 FINAL SPECIFIC PLAN Based on directions from the Planning Commission and the Board of Supervisors, WRT shall incorporate comments and prepare the Final North Richmond Specific Plan.WRT shall submit to the County a master electronic copy of the final plan in Adobe InDesign or PDF formats along with 10 bound hardcopies. The budget for this task assumes that only minor revisions will be needed to complete the Final Specific Plan. Product Final North Richmond Specific Plan in an electronic format which is substantially consistent with the County's Consultant Data Guidelines or in a format as directed by County staff. PHASE III-B: PREPARING &CERTIFYING THE ENVIRONMENTAL IMPACT REPORT WRT,working with ESA, has outlined six(6)tasks to prepare a Program EIR for the Specific Plan (proposed project): Task 3-b.1: Project Initiation, Definition, and Scoping Task 3-b.2: Prepare Administrative Draft EIR Task 3-b.3: Prepare Draft EIR 12 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 Task 3•b.4: Prepare Administrative Final EIR, Final EIR, Mitigation Monitoring and Reporting Program, and CEQA Findings Task 3-b.5: Meetings and Communication Task 3-b-6: Project and Information Management/Coordination WRT/ESA shall prepare a comprehensive program-level environmental impact report(EIR) in accordance with Public Resources Code§21000 et seq., and consistent with the State and County Guidelines for Implementation of the California Environmental Quality Act(CEQA), such that the environmental review process will be conducted as an integral part of the Specific Plan process. Preparation of the Specific Plan and EIR shall proceed concurrently such that the data collection and analysis required for each can be used in both documents. Mitigation measures shall be incorporated,where appropriate, into Specific Plan goals, policies, and implementation measures.The EIR shall be prepared to allow the County to easily implement the Specific Plan and streamline subsequent project-level CEQA reviews that are consistent with the Specific Plan. It is also intended that the EIR shall be prepared to enable the Contra Costa County Redevelopment Agency to implement certain programs and measures(e.g. Disposition and Development Agreements, Owner Participation Agreements, Loan Agreements, and Funding Agreements)for properties within the Specific Plan area. PROJECT SPECIFIC EIR The County's RFP for the North Richmond Specific Plan states the potential for a project-specific EIR to be prepared concurrently with the Program EIR. However,WRT/ESA intend this Scope of Services to provide only for the preparation of a program level EIR in conjunction with the preparation of the North Richmond Specific Plan. This scope does not include preparation of a project level EIR. WRT shall ensure that ESA completes the following identified tasks and subtasks. Task 3-b.1 PROJECT INITIATION, DEFINITION,AND SCOPING Task 3-b.1 is designed to initiate WRT/ESA's efforts to prepare the Specific Plan EIR. 3-b.1.1 Review Pertinent Project Data WRT/ESA shall: • Review of all pertinent data related to the proposed project and its implementation.This shall include, but is not be limited to, all information in the County's possession relevant to the project site,the Contra Costa County General Plan and Zoning Ordinance, and other reports and studies commissioned by Contra Costa County that may be relevant to the proposed project. • Contact other appropriate County staff and other public agencies for input on the potential environmental concerns associated with the proposed project. • Identify, assemble, and review available, relevant information relating to the project site,the proposed project, and the potentially affected environment on, and in the vicinity of,the site, including the three potential development scenarios that come out of the Specific Plan process. • Provide peer review any technical studies prepared for the site that are pertinent to the EIR analysis, including prior environmental analyses prepared for the project site. • Identify in a written memorandum any additional information that may be required to prepare the EIR. 3-b.1.2 Deltne the Project and Prepare the Project Description WRT/ESA shall prepare a project description appropriate for the environmental documents.As required by CEQA Guidelines Section 15124,the project description shall include location and site plan maps, a statement of project objectives, a general description of the project's technical, environmental, and economic characteristics, and a 13 of 27 Final Version North Richmond Specific Plan Scope of Services January 28.2008 statement of the anticipated uses of the environmental documents, including required permits, approvals, and agency review requirements. The Project Description shall be based on the Preferred Concept Alternative developed by WRT. WRT/ESA shall prepare an initial Project Description based on the preferred specific plan concept and revise the Project Description as the Specific Plan is developed and refined. 3-b.1.3 Prepare Notice of Preparation WRT/ESA shall prepare a Notice of Preparation (NOP) in coordination with the County and as required by CEQA Guidelines Section 15082.WRT/ESA shall submit a draft NOP to the County for review, and after incorporating the County's comments on the draft, provide a final NOP for public distribution by the County.This task will include review of public and agency comments received in response to the NOP, when the comments become available. Product Notice of Preparation(50 printed copies. 20 electronic Adobe Acrobat PDF copies on 20 CDs, and in an electronic version in a format which is substantially consistent with the County's Consultant Data Guidelines or in a format as directed by County staff) 3-b.1.4 Prepare for and Conduct a Scoping Meeting WRT/ESA shall, in consultation with County staff, prepare for and lead a scoping meeting to inform the community about the proposed project,to identify the environmental review process required by CEQA,to outline the preliminary list of issues to be considered through the process(as identified in the NOP), and to solicit comments on the scope of the EIR's analyses. In addition to preparing for and leading the scoping meeting,WRT/ESA shall prepare a PowerPoint presentation of these topics for use during the meeting. WRT/ESA shall review and prepare a summary of comments received during the scoping meeting, as well as those received during the NOP review period, for inclusion in the Draft EIR appendices. WRT/ESA shall identify any remaining data needs and, if necessary, shall complete a revised contractual work scope in consultation with the County's project manager. Task 3-b.2 ADMINISTRATIVE DRAFT EIR WRT/ESA shall prepare the Administrative Draft EIR (ADEIR) using information received and criteria established in Task 3-b-1, above. Strategic considerations related to the preparation and presentation of individual CEQA topic sections as well as the proposed outline of the ADEIR are presented below. Aesthetics. The section will evaluate the effects of the proposed project on scenic vistas or views, visual character in the project vicinity, and as a new source of light and glare. WRT/ESA shall prepare computer-assisted visual simulation and modeling techniques to support the visual analysis. Document Visual Setting • Review and briefly summarize available reports and plans, as they relate to the visual aspects of the project, and applicable policy documents(County's General Plan, Zoning Ordinance, etc.). • Conduct initial site reconnaissance to document existing visual/aesthetic conditions at the site and vicinity. Conduct photo-documentation of representative public viewpoints, including Richmond Parkway. Photo viewpoints would consider locations along public roadways, public open space and recreation trails and residential areas. Identify key public vantage points potentially affected by the project. • Discuss the consistency of the project with the applicable plans and policies for Contra Costa County, including the General Plan. 14 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 • Describe the existing visual character of the project site and surroundings using photographs and narrative. Include views from and to the site, noting the site's visibility as seen from key public vantage points located within the vicinity. Document and describe key scenic views and vistas. • Analyze and describe the potential effects of the proposed development on the existing visual character of the site and its surroundings, focusing on the visual effects as seen from key public viewing locations. Visual simulations(see below)will be used to illustrate the discussion of project effects on existing views and view corridors, and to assist in the impact analysis. • Document existing sources of nighttime lighting near the site and sensitive receptors in the vicinity. Analyze potential light and glare impacts from new sources of night lighting on the project site. Lighting impacts and mitigation measures will be described primarily in qualitative terms. • As appropriate, identify measures to mitigate any significant visual impacts of the project. Visual Simulations • Using advanced computer modeling and rendering techniques, produce visual simulations showing the proposed project superimposed on selected photographic views of the project site. The simulation images shall be presented as"before"and"after"views of the project site. The photo viewpoints shall be selected in consultation with County staff.The simulations shall portray proposed grading, as well new roads, buildings and landscaping. The simulations shall be based on project design data provided to Environmental Vision. • Ensure that the simulations illustrate the location, scale and appearance of the proposed project features as seen from representative public viewpoints.The computer-generated visual simulations will be the result of an objective analytical and computer modeling process and will be accurate within the constraints of available site and project data. • Overlay computer"wireframe"perspective plots on photographs to verify scale and viewpoint location before digital visual simulation images are produced based on computer renderings of the 3-D model combined with digital versions of selected photographs. • Produce a total of five simulation viewpoints selected in consultation with County staff. • Produce images at 8.5 by 11 or 11 by 17 inch, color format. Digital versions of the simulations will also be provided. Air Quality. Evaluate the potential construction and operational impacts to air quality associated with the proposed project. WRT/ESA shall perform the following tasks: • Generally describe the climate and topography of the project vicinity within the BAAQMD and discuss their influence over air quality. Describe the regulatory context for air pollution in Contra Costa County. Discuss current air quality in the project area based on air quality data from the monitoring station(s)closest to the project site and air quality plans and programs. • Identify the locations of existing stationary sources of criteria air pollutants and toxic air contaminants in or near the project area based on BAAQMD inventory data. • Identify the locations of air-pollutant sensitive land uses or activities in the project vicinity, including sensitive land uses proposed as part of the project. • Identify the locations of any major sources of odor complaints in the project vicinity based on consultations with the BAAQMD. Evaluate potential odor impacts on the project site from surrounding industrial sites. Odor observations will be made during a site visit. 15 of 27 Final Version North Richmond Specific Pian Scope of Services January 28,2008 • Describe the BAAQMD's significance thresholds for air quality impacts. • Evaluate emissions that could be generated during construction activities. Evaluate the potential for construction dust and equipment exhaust to cause local excesses of ambient air quality standards. • Discuss with BAAQMD the appropriate mitigation measures for potential asbestos emissions for any construction in serpentine soils. • Use the URBEMIS model to estimate emissions from project operations, including related motor vehicle traffic, area sources(such as landscaping), and any on-site area sources. • Quantify construction-and operation-related emissions based on data from the traffic analysis using the URBEMIS2007 model. • Quantify project-related emissions of greenhouse gases(GHG) using the URBEMIS 2007 model and the protocol of the California Climate Action Registry. • Prepare a screening level health risk analysis of DPM concentrations within the Specific Plan area resulting from truck travel on designated truck routes and active rail lines in the Specific Plan area. Use AERMOD dispersion model to calculate worst case exposure concentrations using meteorological data from the BAAQMD's Point San Pablo meteorological monitoring station. Use resulting concentrations to assess lifetime cancer exposure risks to proposed sensitive receptors using the methodology of the California Air Pollution Officers Association and the significance criteria of the BAAQMD. • Discuss the potential for the combined emissions from the project and cumulative development to adversely affect air quality or impede attainment of air quality goals, including AB 32 greenhouse gas emission standards. • Identify practical,feasible mitigation measures for any significant air quality impacts identified that could result from implementation of the proposed project. Evaluate whether mitigation measures would reduce the impacts below a level of significance. Biological Resources. To assess potential biological resource impacts,WRT/ESA shall perform the following tasks: • Verify existing biological studies relating to the project area. Determine the applicability of the biological analysis in other planning and site-specific EIRs written for the region. • Consult with the California Natural Diversity Data Base, as well as California Native Plant Society publications. Obtain additional information on special status species,communities of concern, and permit requirements through consultation with biologists at the U.S. Fish and Wildlife Service Endangered Species Office and the California Department of Fish and Game. • Conduct field surveys of the project site to assess the potential presence or absence of suitable habitat for special status species. "Protocol" surveys, which would definitively prove absence, are not proposed but could be conducted as an optional task. • For each special status species identified above,the following specific information will be collected or estimated: o Distribution and abundance; o Historic and recent status within the area; o Habitat quality; o Ecology, behavior, and habitat requirements; and o Aspects of biology of each species which could be relevant to future uses of the project site. 16 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 • Determine and describe the extent of Natural Communities present on-site. Classification of these communities will follow that set forth by Holland(1986). Note which communities are of special concern (e.g., wetlands) because of their rarity, sensitivity, importance as wildlife habitat,or potential to support special status species. • Summarize and evaluate federal, state, and local policies and regulations as they pertain to biological resources in the area. • Based on the above actions, prepare relevant portions of the ADEIR, DEIR, and FEIR and identify mitigation measures to reduce impacts to less-than-significant levels. Cultural Resources. The proposed Specific Plan area is considered highly sensitive for prehistoric archaeological resources as well as for its historic use as a commercial nursery area.This scope of work includes a peer-review of available existing records and information, contacts with knowledgeable Native Americans, and a field investigation. The scope is intended to be adequate for the purposes of compliance with the CEQA. If potentially significant historical resources would be affected by the project, additional tasks not covered by this scope of work may be requested. WRT/ESA shall perform the following tasks: • Conduct a records search at the Northwest Information Center of the California Historical Resources Information System. This research will identify any known or suspected archaeological resources at the proposed project site and will be used to guide the level of effort needed for the field studies.The extent and adequacy of the previous investigations of the project area will be reviewed in terms of methodology and of the findings of the survey. If additional information is needed for the purposes of compliance with CEQA, ESA will conduct the necessary archival and field studies to complete the identification of known and unknown historical resources in the project area. • Contact the Native American Heritage Commission to request information on any known sacred sites within the project area, and to request a list of contacts for Native American tribes who may have an interest in the proposed undertaking. Contact tribes to solicit their input and to further identify any sacred sites within or near the project area. • Provide for an archaeologist and architectural historian to inspect the project area. • Evaluate the project site and structures on the property(if any)for their potential eligibility for listing in the California Register of Historic Resources, using the standard evaluation criteria established for this listing. For archaeological sites, if any are identified, an assessment will be made of the project's potential impacts to the site and the site's potential eligibility as an historical resource or unique archaeological resource. • Prepare a cultural resources section of the EIR that that presents the setting, regulatory framework discussion, and analysis of impacts to cultural resources(archaeological and historical)and identifies mitigation measures to reduce, avoid, or otherwise mitigate any significant impacts to cultural resources. • In compliance with the requirements of using the California Historical Resources Information System, as an optional task ESA shall prepare a cultural resources inventory letter report documenting the methods and findings of the prefield research, contacts with Native Americans, maps of field studies, and results of field studies. This report will be prepared in compliance with the inventory requirements of California Office of Historic Preservation,Archaeological Resource Management Reports contents and format.Copies of this report will be submitted to the Northwest Information Center and the project applicant. Geology, Seismicity, and Soils. WRT/ESA shall perform the following tasks: 17 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 • Develop the regional and site-specific geologic and seismic setting using published reports and maps available through the California Geological Survey and US Geological Survey. Additional site-specific geologic and seismic data and information will be obtained from any available geotechnical reports or other CEQA documents where geotechnical data is summarized. ESA's on-staff California Professional Geologist and Certified Engineering Geologist shall conduct all data review and shall determine whether geotechnical information and data is adequate for a CEQA analysis. • Conduct a site visit to verify reported conditions and current site status. (No additional geologic testing is included in this scope of work.) • Using published soil association maps, identify all soil types present at the site and identify key soil constraints related to these associations. Such constraints could include depth, permeability and susceptibility to high groundwater, erosion hazards, limitations for foundation bearing, and placement of buried infrastructure and roads. • Use available geotechnical report and published data to identify special problems, such as expansion and shrinkage problems(shrink/swell), poor drainage,and compressibility. Using CGS data, ESA shall review the regional aggregate resources and determine the impacts from site development in this area. • Describe and evaluate project and alternative grading, including amount of disturbance, cut and fill, final topographic configuration, import of fill, and slope. Identify the manner in which proposed grading and methods to manage differential settlement(e.g., surcharge)could affect the soil engineering constraints. If engineering constraints would remain, ESA shall identify measures to minimize hazards to structures and infrastructure. • Identify and evaluate the major earthquake fault systems in the region,their distance to the site, earthquake histories, potential to generate large earthquake magnitudes and their recurrence intervals.This assessment would consider secondary ground-shaking hazards(i.e. liquefaction and settlement) as constraints to building foundations, structures, and typical nonstructural elements of buildings and infrastructure of the project. • Using the geologic data acquired through the above tasks, ensure that a registered Professional Geologist shall analyze impacts and if necessary, develop mitigation to address those considered significant. Hazards and Hazardous Materials WRT/ESA shall perform the following tasks: • Summarize applicable federal, state, and local hazardous waste regulations as they pertain to conditions in the project area. • Review for completeness and adequacy, documentation including any available Phase I Environmental Site Assessment reports, soil testing reports, and underground storage tank installation and removal data. • Ensure that ESA's Professional Geologist and Registered Environmental Assessor perform a reconnaissance/survey of the project area to assess current uses and any evident signs of hazardous waste storage, contamination, or potential sources of contamination. • WRT/ESA will describe activities known to have produced hazardous wastes or soil contamination or to have caused releases of hazardous materials in the project area, if any. • Identify and evaluate known contamination of soil or groundwater in the project area. Include sites, if any, that have not been tested but where contamination is likely on the basis of known land use. • On the basis of information gathered, document the history and compliance status of any historic remediation activities conducted on, and in the immediate vicinity of,the project site. 18 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 • Discuss general impacts on public health and safety of contaminants found in the project area, if any. In a generic manner, evaluate the potential for site workers during project excavation and construction to be exposed to the hazards described above(if any are identified). Identify potential hazardous waste-related impacts on workers during project construction and identify impacts, if any,of hazardous waste disposal on waste handlers, public health, and the environment. • Prepare a brief discussion of the range of hazards posed by the project and the potential for the project to handle hazardous materials, generate hazardous wastes, or produce toxic discharges, if any. • Identify impacts of hazardous materials use, if any, and discuss potential health hazards or other risks from use of those hazardous materials. • Describe required health and safety measures employed to minimize potential health hazards. Hydrology and Water Quality. WRT/ESA shall perform the following tasks: • Provide a professional geologist and staff hydrogeologist to review project plans and any available drainage studies to determine whether there is adequate information to complete the necessary hydrologic analysis under CEQA. If insufficient,prepare recommendations for additional engineering design work to be completed by a qualified engineering firm.This information shall be provided in the Existing Conditions Report. • Assess the quality of stormwater runoff based on available data and existing conditions and compare that to the runoff quality of developed areas considering increase in impervious surfaces and alteration of land use. Describe transport of existing pollutants in the local watershed and include information in the Existing Conditions Report. • Verify and evaluate flood hazard areas using the most current Federal Emergency Management Agency maps(maps for this area have been recently modified), local agency maps, and any available site-specific hydrological studies prepared by the applicant. • Contact the Contra Costa County Flood Control District or Water Agency Engineer for further clarification of the 100-year floodplain issue. • Review the goals and policies of the County General Plan and the County agencies with regard to proposed development in flood hazard zones. • Using the available hydrologic study, evaluate the capacity of local drainage channels and municipal storm drainage systems that could be affected by increased flooding due to the proposed project. Include information in the Existing Conditions Report. • Should provisional floodplain mapping become available from FEMA during EIR preparation,the EIR will assess the impact on the Specific Plan area. • Consider the extent and general character of the hydrological conditions in the local watershed both upstream and downstream of the site. • Assess existing runoff conditions, surface water collection, and points of discharge to and from the site. • Evaluate the locations and discuss the character of surface water features, including Wildcat Creek, San Pablo Creek, San Pablo Bay, and the other unnamed drainages. Include information in the Existing Conditions Report. • Evaluate the impact of grading and changes to the surface gradient and the subsequent effects on surface runoff, including changes to drainage patterns and waterways. 19 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 • Develop appropriate and feasible mitigation measures that would address onsite surface flow and drainage issues, and if, necessary, recommending further engineering design. • Evaluate the potential role the water table plays in increasing flooding and controlling onsite drainage, its potential fluctuation, and effects on ponding and flooding of the development site. • Evaluate and discuss potential impacts to localized groundwater considering the increase in impervious surfaces. • Review and evaluate the effectiveness of the proposed site drainage plan to control runoff and minimize localized and subregional flooding. • Evaluate the proposed stormwater drainage system components for effectiveness in reducing flooding. • Prepare necessary agency permits, on behalf of the County, for any alterations or discharge into local waterways. • Develop appropriate and feasible mitigation measures for all potentially significant and significant impacts in the Specific Plan area. Noise. WRT/ESA shall perform the following tasks: • Describe and discuss existing noise sources in the project vicinity based on information available from the County General Plan,field studies, and other sources. Describe the existing noise environment based on existing noise information, short-term noise measurements(typically 15 minutes) at representative receptors and two long-term 72-hour noise measurements taken at the project site. • Summarize applicable noise regulations, policies, and standards, including the noise/land use compatibility guidelines in the County General Plan and the Noise Ordinance. • Discuss the compatibility of the proposed project with the existing noise environment at the project site. • Identify the noise-sensitive land uses or activities in the vicinity of the project. • Estimate the change in noise levels(resulting from implementation of the proposed project)at noise- sensitive land uses in the project vicinity. • Evaluate the potential for significant noise impacts based on the estimated change in noise levels at noise- sensitive land uses and on the County noise/land use compatibility guidelines. • Identify feasible and appropriate noise mitigation measures to avoid or reduce adverse noise impacts from development of the proposed project. Population and Housing. The EIR will identify and evaluate the significance of the growth of population, housing, and employment expected in the project area. It also will evaluate whether the project would induce substantial population growth directly or indirectly, and in a manner not contemplated in applicable plans and not previously analyzed.The section shall address implications for the County's housing market and for the overall balance of jobs and housing,considering effects on the demand for and the supply of housing. The approach will be cumulative, placing the project within the context of subregional population, housing, and employment growth. WRT/ESA shall perform the following tasks: • Identify the key socioeconomic and demographic indicators of the current population, housing supply and expected trends based on readily available published sources including the economic study prepared by Economic and Planning Systems(EPS). Socioeconomic data to be collected will include data profiling North 20 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 Richmond's and the County's current economy,jobs and unemployment levels. Similar data will be presented for other neighboring communities for comparison purposes. • Determine the current jobs to housing balance. • Review the County's most recent General Plan Housing Element and other relevant local housing and economic development plans to identify the key planning objectives and implementing policies relevant and applicable to the proposed project. • Estimate the project's local housing and employment impacts. Based on the available information, determine the expected net impact on local employment and housing supply from the project.This analysis will include a discussion of the conversion of the site's current land use to residential/mixed use development. Prepare an estimate of the net job change of the proposed land conversion. • Assess the extent that implementation of the project would be expected to result in a significant impact on the environment and its compliance with current local applicable housing and population policies. Analysis shall evaluate whether the project would: (1) induce substantial population growth to the area directly(for example by proposed new homes and businesses) or indirectly(by infrastructure improvements); or (2)displace a substantial number of existing housing or residents. • Determine the foreseeable increase in new residential housing demand associated with local population growth—not only from the project's housing component but also other local housing growth. Consideration of impacts shall include the cumulative economic impacts of any other significant planned development that might affect North Richmond and the County. Analysis shall also include discussion of the potential associated effects of any demographic and income changes of the future local population growth. • If it is determined the project may result in indirect environmental impacts due to its population and housing effects, recommend suitable mitigation measures to reduce the magnitude of the impacts. Public Services and Recreation. WRT/ESA shall perform the following tasks: Fire Protection and Emergency Medical Services • Describe any substantial changes to existing fire protection and emergency medical services, including the service locations, response times, staffing levels and standards, and equipment employed by the Contra Costa County Fire Protection District, as well as mutual aid agreements with other local fire departments (i.e., City of Richmond Fire Department, California Department of Forestry and Fire Protection). • Determine whether additional fire protection or emergency medical services staff or equipment would be required to provide service to the proposed project, and assess whether new or expanded public facilities would be required to serve the project. If additional facilities are required, assess whether the facilities could have a substantial adverse impact on the environment. Police Protection Services • Describe any substantial changes to existing police protection services, including the service locations, response times, staffing levels and standards, and equipment. • Determine whether additional personnel and/or equipment would be required to provide service to the proposed project, and assess whether new or expanded public facilities would be required to serve the project. If additional facilities are required, assess whether the facilities could have a substantial adverse impact on the environment. • Assess whether additional security procedures would be required as a result of new development. Public Schools 21 of 27 Final Version North Richmond Specific Plan Scope of Service{ January 28,2008 • In consultation with the school district officials, describe current student enrollments and capacities at the schools within the West Contra Costa Unified School District that would serve the project. • Estimate additional school enrollment that would need to be accommodated by the proposed project. • Assess whether new or expanded school facilities would be needed to accommodate estimated new enrollment. If so,describe whether new or expanded facilities could have a significant impact and identify mitigation measures to ameliorate potential impacts, if needed. • Identify measures, as appropriate, to mitigate project-related impacts to the West Contra Costa Unified School District, including payment of school mitigation fees. Recreation and Parks/Open Space • Describe the open space and recreation resources available in the project vicinity, as well as any relevant regulatory setting and policies. Identify and analyze the open space and recreation needs of project residents, and discuss open space and recreation characteristics of the project. • Assess the level of demand the project would have on the County's parks and open space system. Specifically, assess the change in parks-to-population ratio that would result from the project compared to the existing setting. Transportation and Traffic. WRT/ESA shall perform the following tasks: • Ensure that WRT/Dowling Associates works with County staff to refine, if necessary,the two non-preferred development alternatives crafted as part of Phase ll. • Ensure that WRT/Dowling Associates develops the draft traffic sections for a program level Specific Plan EIR in accordance with the Contra Costa Transportation Authority's Technical Procedures Manual. These efforts shall include the following elements: o Setting o Regulatory Requirements o Project Impacts o Trip Generation o Trip Patterns o Existing Conditions o Existing Plus Approved(or selected short-term interim year, such as 2010)with and without project (if phased, a defined level of development will be required from the client). o Cumulative with and without project. o Project and Cumulative Mitigation Measures o Summary of Impacts and Mitigation Measures o Appendices • Ensure that WRT/Dowling Associates shall review and comment on the draft Specific Plan and EIR documents. Task shall include preparation of tables, graphics and other technical data for incorporation in to the final documents and cost estimates to implement the mitigation measures. Project impacts shall utilize thresholds of significance to meet the County General Plan Growth Management Element requirements. WRT/ESA shall conduct the following tasks: 22 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 • Conduct a critical peer review of subconsultant impact analysis, including a review of the assumptions and methodologies, and will spot-check the computations and referenced sources for accuracy. • Ensure that the data, analysis,and impact determinations are presented in the context of CEQA requirements. • Contact subconsultants, as needed,to discuss any apparent inconsistencies, and to receive clarification on methodologies and assumptions. • Prepare EIR section, including presentation of data, analysis, and impact determinations in the context of CEQA requirements. • Determine the impacts associated with each project alternative relative to impacts of the proposed project and will prepare a qualitative discussion. Utilities and Service Systems. WRT/ESA shall perform the following tasks: • Contact each utility service to obtain information regarding the provider's ability to service the proposed development, based on existing infrastructure, as well as the size and type of proposed development. • Using information provided by the project applicant, and standards used by the service provider, assess the demand for each public utility. • Assess whether the public utility could accommodate the project within existing allotments or existing infrastructure, and whether the project would result in the construction of new or expanded public utility facilities. • Describe any cumulative impacts of the project, when combined with other nearby development, on the provision of public utility services. • Identify measures to mitigate any identified impacts on the environment generated by a need to expand or improve water supply and delivery capacity and/or wastewater system capabilities as a result of new project development. • Identify measures to mitigate any significant impacts on the environment generated by the project, if required. Climate Change and Sustainability. The impacts of the projects on environmental resources will be considered throughout the EIR for a variety of topics. For example,the water supply section of the EIR will address a whole system management approach to support natural resource planning on a watershed basis. In addition,the EIR will address whether the project meets the goal of a natural systems approach to flood control,water quality, and water supply. A major consequence of global warming or climate change is melting glaciers and warmer waters, which cause the oceans to expand and rise. The hydrology section will explore how rising sea levels and the effect on flooding might be addressed. Air quality within a particular region contributes to climate changes occurring on a global scale. Data indicate an increase in mean surface air temperatures over historic levels and climate models predict this warming will continue. As described in the Air Quality section above,the EIR will explore optional mitigation measures for minimizing contributions to greenhouse gases and fostering the absorption of greenhouse gases. Buildings have a significant impact on the environment; they account for 40 percent of total energy use, 71 percent of electricity use, and 33 percent of all carbon dioxide(CO2)emissions in the United States. Buildings also account for 40 percent of all materials and 25 percent of water use in the United States. Green building is a whole systems approach to design and construction that seeks to protect the environment, conserve resources,create healthier air quality, and save money. Energy conservation and green building also reduce greenhouse gas emissions. The 23 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 utilities section of the EIR will address energy efficiency and the use of renewable energy and green building. Because buildings have not yet been designed, it may be that sustainability impacts of the project are assessed more at a site-planning level. However, a variety of mitigation measures can be developed that can be applied to building and site design that may affect energy demands and supply, air quality, water supply, and greenhouse gas emissions. These measures could range from fairly straightforward ones governing building design (orientation and building reflectance,for example)to more elaborate ones with performance-based outcomes that may also necessitate a higher level of ongoing review and monitoring. ESA understands that work on a County sustainability ordinance is already underway;the team will review its status and suggest any additional measures that may assist in its development or help further sustainability for the proposed project. 3-b.2.1 Prepare Administrative Draft EIR WRT/ESA shall prepare the Administrative Draft EIR to include the following: Section 1. Introduction: The Introduction will briefly describe the relationship of the County's planning process to that of the CEQA process, the principal characteristics and objectives of the project, and the planning and scoping processes through which the EIR scope was developed. The Introduction will also briefly describe the role of the EIR in the overall planning process and the procedural steps by which the EIR and the project application will be processed. Section 2. Summary. The Summary will describe the proposed project and alternatives, and will provide a summary table and narrative that outline a) significant environmental effects, b) mitigation measures that would reduce or avoid those effects and the parties that would be responsible for their implementation,c) residual levels of impact significance after mitigation, and d) principal areas of public controversy.The Summary will also summarize the project alternatives. The Summary will be suitable for use as a stand-alone document. Section 3. Project Description: The proposed project(all physical aspects of the project as well as required land use and zoning amendments)will be described in text,tabular, and graphic forms that rely primarily on documents that the project applicant and the County will provide to WRT/ESA. Prepare and submit a draft Project Description section to the County and project applicant for review early in the ADEIR process in order to confirm all project characteristics. WRT/ESA will incorporate the review comments and revisions into the Project Description submitted as part of the ADEIR. Section 4. Environmental Setting, Impacts, and Mitigation. To ensure report continuity and minimize redundancy in the discussions of each environmental topic, the EIR will present the setting, impacts, and mitigation discussions in one unified section. As required by CEQA, the setting will describe the environment in the study area"as it exists before the commencement of the project,"that is, at the time the NOP is published.The setting will be presented from site-specific, local, countywide, and/or subregional perspectives, as appropriate to each environmental topic. The environmental effects of the proposed project will be presented under each topic of analysis. As required by CEQA, the effects will be defined as changes from the Environmental Setting that are attributable to the project.The operational effects of the project will be described for a buildout year to be determined in consultation with the County. The EIR will describe construction impacts as well as operation impacts. The setting and impact discussions will emphasize the use of graphics in depicting setting,constraints, opportunities, and impact-related data. The mitigation discussion will be presented by environmental topic and, as required by CEQA,will distinguish measures proposed or accepted by the applicant from any other measures identified in the EIR. Also as required by CEQA, any significant environmental effects of the mitigation measures will be identified. The mitigation measures will be presented in the form of directives(i.e., "shalls")to facilitate their conversion to Specific Plan goals and implementation measures, and conditions of project or alternative approval, unless otherwise requested by County 24 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 staff. In recognition of the possibility that some components of the project may be developed by parties other than the project applicant,the mitigation measures will distinguish responsibilities for mitigation by land use component, based on "fair-share" principles, as feasible. Section 5.Alternatives. The Alternatives section will present a comparative analysis and impact matrix for alternatives to the proposed project, including the CEQA-required no-project and environmentally superior alternatives.These alternatives are described below. Further,the three land use scenarios developed for inclusion in the Specific Plan will be used as alternatives for analyses purposes. • No Project Alternative 1 (No New Development). This alternative will assume no changes on the project site, and will address the environmental implications of leaving the site in its existing condition. • No Project Alternative 2(Current General Plan). This alternative will address the environmental implications for future development that might occur on the site, under the assumption that development would be the maximum consistent with current general plan and zoning designations. • Environmentally Superior Alternative. This alternative will be developed in consultation with County staff and be intended to reduce or avoid one or more of the significant effects of the proposed project.The environmentally superior alternative could include a reduction in the proposed project. Include discussion of up to six(6) alternatives, including the no project alternative. The narrative discussion of each alternative shall consist of three components: • Description of Alternative, which will describe the uses, intensities, and design concept of each alternative, and will contain a brief narrative description of its distinctive characteristics and objectives. • Distinctive Environmental Characteristics of Alternative,which will identify the impacts of the alternative as well as the major differences between its impacts and those of the proposed project; and • Status of Alternative,which will indicate the status of each alternative, its relative environmental advantages and/or disadvantages, and factors relevant to its feasibility. Section 6. Cumulative, Significant and Unavoidable, and Growth-Inducing Impacts: The EIR shall contain the following additional statutory sections, as required by CEQA: • Significant Environmental Effects(including significant, unavoidable effects) • Effects Found Not To Be Significant • Growth-Inducing Impacts Prepare the discussion of each of these topics based on the analyses presented in the EIR. Section 7. Report Preparation, Persons and Organizations Consulted, and Distribution List: This section of the Draft EIR will list the individuals who prepared the Draft EIR,the public agencies consulted during the course of the Draft EIR's preparation, and the members of the public who participated in the Draft EIR preparation process. Section 8. References: This section will list the sources of information used in preparation of the Draft EIR. Appendices: The appendices will include the NOP, and supporting technical studies and data for traffic, socio- economic conditions, utilities, and other technical topics, as appropriate. However,the Draft EIR is proposed to be a self-contained document, fully comprehensible without references to appendices. Any appendices will be prepared for the project's record of proceedings and will not be intended for general public distribution with the Draft EIR. Product Administrative Draft EIR(10 printed copies:one electronic copy in a format which is substantially consistent with the County's Consultant Data Guidelines or in a format as directed by County staff) 25 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 Task 3-b.3 DRAFT EIR WRT/ESA shall prepare a Draft EIR that incorporates the County staff's comments on the Administrative Draft EIR. 3-b.3.1 Prepare Draft EIR After County staff have reviewed the ADEIR and provided a consolidated set of comments, WRT/ESA shall prepare and submit the Screencheck Draft EIR to the County in a redlined format showing all changes from the ADEIR. Upon the County's approval, WRT/ESA shall produce and submit copies of the Draft EIR to the County for public distribution (including the required documents to the State Clearinghouse. Product Draft EIR(50 printed copies one camera-ready copy one electronic copy in a format which is substantially consistent with the County's Consultant Data Guidelines or in a format as directed by County staffl 3-b.3.2 Notice of Completion;Notice of Availability WRT/ESA shall prepare and submit a Notice of Completion and Notice of Availability, as required by CEQA Guidelines, Sections 15085 and 15087,to the County for appropriate distribution Product: Notice of Completion to be filed by the County.Notice of Availability suitable for posting to County, Task 3-b.4 RESPONSE TO COMMENTS ON DRAFT EIR, ADMINISTRATIVE FINAL EIR, FINAL EIR, MITIGATION MONITORING AND REPORTING PROGRAM, AND CEQA FINDINGS WRT/ESA shall prepare a Final EIR, including responses to comments received on the Draft EIR, and a Mitigation Monitoring and Reporting Program (MMRP). 3-b.4.1 Prepare Administrative Final EIR, MMRP, and CEQA Findings At the conclusion of a 45-day public review period for the Draft EIR, meet with County to review and discuss comments received, and establish the appropriate approach and distribution of responsibility for preparing specific responses to comments.The Administrative Final EIR (AFEIR)shall contain the comments, responses to comments, and changes to the Draft EIR in a single document.WRT/ESA shall prepare each comment letter for publication in the AFEIR (i.e., designate individual comments using a logical alpha-numeric notation system). Preparation of responses to comments received on the Draft EIR is limited to the total hours allocated to the task identified in the approved project budget; if the volume of comments requires resources beyond those identified in the budget, or if the comments require additional data collection and/or analyses,WRT/ESA shall advise the County prior to the commencement of work on the Final EIR; this may include transferring the preparation of some responses to County staff, and/or a budget augment. WRT/ESA shall also prepare Administrative Findings for Certification of the Final EIR and if warranted, Statements of Overriding Considerations for approval (presumed)of the proposed project. The Administrative Final EIR, MMRP, and Findings shall be submitted to County staff for review and comment. The Administrative Final EIR will not include a reprint of the Draft EIR. Product-Administrative Final EIR MMRP. and Findings (10 printed copies;one electronic copy in a format which is substantially consistent with the County's Consultant Data Guidelines or in a format as directed by County staffl 3-b.4.2 Prepare Final EIR, MMRP, and CEQA Findings After County staff has reviewed the AFEIR and provided one consolidated set of comments,WRT/ESA shall: • Prepare and submit the Screencheck Final EIR to the County in a redlined format showing all changes from the AFEIR. Upon the County's approval,WRT/ESA shall produce and submit the Final EIR to the County for public distribution.The Final EIR shall not include a reprint of the Draft EIR. • Prepare a Mitigation Monitoring and Reporting Program (MMRP) in compliance with Public Resources Code Section 21081.6, CEQA Guidelines Section 15097, and County requirements. For any significant impact identified in the EIR,the MMRP shall describe the required mitigation and the responsible parties,tasks, 26 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 and schedule for monitoring mitigation compliance. Submit the draft MMRP, respond to County staff comments on the draft MMRP, and prepare and submit a screencheck and final MMRP to the County. The MMRP will be prepared in the form of a matrix, and may be either bound in the Final EIR, or submitted separately, at the County's discretion. Product:Final EIR and MMRP(50 printed copies, one camera-ready copy. 20 electronic Adobe Acrobat PDF copies on CDs and one electronic copy in a format which is substantially consistent with the County's Consultant Data Guidelines or in a format as directed by County staff) 3-b.4.3 Notice of Determination Upon certification of the Final EIR and approval of the project by the County,WRT/ESA prepare and submit to the County a Notice of Determination, as required by CEQA Guidelines Section 15075. Product: Notice of Determination to be filed bV the County. Task 3-b.5 MEETINGS AND COMMUNICATIONS 3-b.5.1 Participate in General Meetings In addition to the project kick-off meeting and public scoping meeting, participate in up to ten (10) project meetings, and public hearings with the community and County staff during the course of the Specific Plan and EIR preparation. These meetings may include the following: • Alternatives Meeting. WRT/ESA will meet with County staff, the project team,the project applicant, and any others designated by the County,to develop the alternatives to be addressed in the EIR. This meeting would occur prior to submittal of the ADEIR, but after the significant impacts of the project have been identified. • Administrative Draft EIR Review Meeting. WRT/ESA shall meet with County staff to review the comments on the ADEIR. This meeting would occur after WRT/ESA's review of the County's consolidated comments on the ADEIR. • Draft EIR Public Hearing.WRT/ESA may attend the public hearing on the Draft EIR to be held during the 45-day public review period. • Public Comment Review Meeting. After reviewing public comments received on the Draft EIR, WRT/ESA shall meet with County staff to review comments and determine response strategies and responsibilities. • Final EIR Public Hearings. WRT/ESA shall attend up to two public hearings on the Final EIR. 3-b.5.2 Participate in Certification Hearing Participate in the County Board of Supervisors certification hearing for the EIR. Task 3-b.6 PROJECT MANAGEMENT AND COORDINATION WRT shall ensure that ESA's Project Manager,Joan Douglas, AICP,will be the primary point of contact for ESA and will ensure its team's responsiveness to the requirements of the County's Project Manager. She shall oversee the preparation of all work products, monitor project progress and coordination with the Specific Plan, ensure the technical accuracy of all deliverables,and maintain the performance schedule. She shall also resolve any scheduling conflicts that arise, monitor budget expenditures, attend meetings, and interact as necessary with County staff and other parties involved in the environmental documentation process. The ESA Project Director, Crescentia Brown,AICP, shall assure that the resources required to satisfy the project scope and schedule are applied effectively, and will provide policy oversight, as well as technical quality assurance for all submitted work products. FWM FlcueaA 51ec P%C­.ComaaKmpePservar5ma10tOfi0&aoc 27 of 27 Final Version North Richmond Specific Plan Scope of Services January 28,2008 i i �iv�nmim r � Ulil■14111■t State of California }ss. County of Alameda On January 31, 2008 before me, Catherine Payne, Notary Public. Date personally appeared Lawrence Dodd Name(s)of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized CATHERINE PAYNE capacity and that by his signature on the Common# 1624962 instrument the person, or the entity upon -: ►�M Comm.E�M�Nov 26,Notary Pumc-CaNtornia behalf of which the person acted, luamsda county executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing paragraph is true and correct. WIT N S my hand an fficial seal. Catherine Payne-Commission N V 624962 Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Other than Named Above: Signers Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 6 -40 -�-Hepr Ste / all,�. Cc before me, Catherine Payne, Notary Public. Michael Ghielmetti Name(s)of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the -C011forn►a instrument the person, or the entity upon Notary Public Commiui0il MOM1 behalf of which the person acted, Alameda County - executed the instrument. L41my COMM.EWkw Nov 26, I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing paragraph is true and correct. WITN S my hand and fficial seal. Catherine Payne-Commission N�. 1624962 Optional v Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Other than Named Above: Signers Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: i i Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing,employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request,Contractor shall make these records available to authorized representatives of the County,the State of California, and the United States Government. b. Access to Books and Records of Contractor,Subcontractor. Pursuant to Section 1861(v)(1)of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,make available to the County,the Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party,in its sole discretion,upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. L-5 (Page 1 of 6) Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non- County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter ofthis Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. L-5 (Page 2 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor, or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant,employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor,its officers,partners,associates,agents,and employees,shall not make,participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed,any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. L-5 (Page 3 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2003 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex,race,religion,color,national origin,ethnic background,disability,or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees from any and all claims,costs and liability for any damages,sickness,death,or injury to person(s)or property, including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles,with a minimum combined single limit coverage of$500,000 for all damages,including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof,arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County,the state and federal governments,and their officers, agents,and employees, so that other insurance policies held by them or their self-insurance program(s)shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract,then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty(30) days written notice to County before cancellation or material change of the above specified coverage. L-5 (Page 4 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries ofthe obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright,County reserves the right to copyright,and Contractor agrees not to copyright,such material. If the material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a P h' P Y particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractors presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. L-5 (Page 5 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. (A) If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency,the General Accounting Office (GAO), the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount,whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) Initials: Contractor County Dept. Contra,Costa County PAYMENT PROVISIONS Number C49786 Standard Form P-1 (Fee Basis Contracts - Long and Short Form) Revised 2002 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only.] ❑ a. $ monthly, or ❑ b. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Other: As described in Service Plan.. 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County Dept. Form P-1 (Page 1 of 1) Exhibit "C": Specific Plan Payment Agreement with Signature Properties 1f�, -JP Cx-- gpl, Z 1) ,p SPECIFIC PLAN PAYMENT AGREEMENT Sp Ian Payment Agreement("Agreement") is entered into on ' 2008 ("Effective Date"), by and between the County of Contra Cos a, a polAical subdivision of the State of California("County") and Signature Properties, Inc., a California corporation("Developer"). County and Developer may hereafter be collectively referred to as the "Parties"and individually as a"Party." RECITALS A. Developer owns or has an option to purchase approximately 55 acres of real property located in the unincorporated area of North Richmond in Contra Costa County,bounded roughly by Third Street to the west, San Pablo Creek to the north,Union Pacific Railroad on the east and Wildcat Creek to the south(the"Property"). B. Developer has applied for a General Plan Amendment(County File: GP#07-0008) to redesignate the Property from Heavy Industrial (HI) and Light Industrial(LI) to residential uses in support of a master planned residential development(the"Project"). C. Developer also owns approximately 29 acres of real property bounded by Pittsburg Avenue to the north,Wildcat Creek to the south, Richmond Parkway to the west and Central Street to the east(the "Hove Property"). In February 2007, the Contra Costa County Board of Supervisors approved an amendment to the Contra Costa County General Plan 2005-2020 to redesignate the Nove Property from HI and LI to Multiple Family Residential -Medium Density (MM)to allow development of a 370-unit residential project there. D. Developer has requested that County prepare and adopt a Specific Plan(County File: SP #07-0001) (the"North Richmond Specific Plan") of a 190-acre industrial area in North Richmond encompassing both the Property and the Nove Property and generally bounded by Wildcat Creek, San Pablo Creek,the Union Pacific Railroad and Richmond Parkway(the "Specific Plan Area"). The Property,Nove Property and Specific Plan Area are generally depicted on the map attached hereto as Exhibit A and incorporated herein by reference. E. Government Code section 65456 authorizes counties to require persons who request the adoption, amendment or repeal of a specific plan to pay the entire cost of preparing the plan, amendment or repeal. Section 65456 further authorizes the legislative body, after adopting a specific plan, to impose a specific plan fee upon persons seeking government approvals which are required to be consistent with the specific plan to defray the cost of preparation, adoption and administration of the specific plan("Specific Plan Fee"). NOW THEREFORE, for good and valuable consideration,the sufficiency of which is hereby acknowledged,the Parties agree as follows. Page 1 of 5 AGREEMENT 1. Incorporation of Recitals. The above recitals are hereby incorporated in and made a part of this Agreement as if fully set forth herein. 2. Purpose. The purpose of this Agreement is to (1)set forth a procedure by which Developer is to pay for all costs incurred by the County arising from or related to the preparation and adoption of the North Richmond Specific Plan and(2) outline a mechanism by which the Developer may be reimbursed by future applicants for approval of developments in the Specific Plan Area for that portion of the amount paid by Developer under this Agreement exceeding Developer's pro-rated share of the cost of preparation, adoption and administration of the North Richmond Specific Plan. 3. Term. The term of this Agreement shall commence on the Effective Date and terminate on October 1, 2009,unless terminated sooner as provided herein. The obligations contained in Section 9 shall survive termination of this Agreement. 4. No Approvals. Nothing in this Agreement may be construed as a preliminary or final approval by the County of any land use or related decision. This Agreement does not commit the County to any decisions or approvals not yet authorized by the County. 5. Retention of Consultant. County is considering the retention of a consulting firm, Wallace Roberts & Todd, LLC ("Consultant"),to prepare the North Richmond Specific Plan, including the environmental documentation associated therewith(collectively the"Specific Plan Documents") for a fixed sum of$828,857. Consultant will report to County,provide all Specific Plan Documents to County and remain independent of Developer. However, County and Developer will confer not less than once per month to review the status of Consultant's preparation of the Specific Plan Documents. 6. Payment of Specific Plan Costs. Developer shall pay all costs incurred by County in the preparation of the Specific Plan Documents in accordance with the following provisions and within the term of this Agreement("Specific Plan Costs"). The Specific Plan Costs include but are not necessarily limited to Consultant fees and expenses("Consultant Costs") and County staff time and expenses ("Administrative Costs")incurred in the preparation of the North Richmond Specific Plan. a. Deposit. No later than the Effective Date, Developer shall provide County with a deposit in the amount of$52,992.00 ("Deposit")and shall maintain the Deposit throughout the term of this Agreement in accordance with this Paragraph 6. The Deposit shall be in the form of a business check,payable to the Contra Costa County Community Development Department. b. Fund Advances. The Developer shall advance funds to County to pay Specific Plan Costs. A fund advance in the amount of$52,992.00 shall be delivered to County(1) on or before the Effective Date(the"Initial Fund Advance") and(2)on or before the first day of each month following the Effective Date throughout the term of this Agreement("Periodic Fund Advance(s)"). Fund Advances may be used only to pay Specific Plan Costs. A breakdown of Fund Advances, the amounts of which are based on estimated Consultant Costs and Page 2 of 5 Administrative Costs, is attached hereto as Exhibit B and incorporated herein by reference.Fund Advances shall be in the form of a business check,payable to the Contra Costa County Community Development Department. In the event County determines that the above deadlines for Periodic Fund Advances need adjustment so that such advances are on deposit with County before amounts are due under Consultant Invoices, County may adjust the deadlines in its sole discretion by giving thirty(30) days notice to Developer. C. Invoicing. Following the County's receipt of an invoice from Consultant ("Consultant Invoice"), County will provide Developer with an invoice("County Invoice"). Each County Invoice will set forth Consultant Costs and itemize Administrative Costs and attach copies of applicable Consultant Invoices. The first County Invoice will apply the Initial Fund Advance as a credit against the balance. Each subsequent County Invoice will apply the Periodic Fund Advance(s)received during the applicable period as a credit against the balance. In the event that any portion of the Deposit is applied as a credit as provided below,the amount credited will also be indicated on the applicable County Invoice. d. Additional Payments. In the event that the amount payable under any Consultant Invoice and/or Administrative Costs incurred exceed(s)the sum of the advance payments received from Developer for the applicable period, a balance will be due from Developer. County may apply any or all of the Deposit toward satisfaction of the balance. Developer shall remit payment of the remaining balance due, and provide such funds necessary to maintain the Deposit,no later than fifteen(15) calendar days after receipt of the County Invoice. e. Nonpayment. In the event of Developer's failure to maintain the Deposit, or to provide Fund Advances, or to make Additional Payments as set forth in this Paragraph 6,County at its sole discretion may suspend or terminate services by Consultant and County staff processing of the North Richmond Specific Plan. f. Refund of Deposit. Upon termination of this Agreement, and after Developer has satisfied all of its obligations hereunder, County shall refund to Developer,without interest, the lesser of the Deposit or any portion thereof remaining on deposit. 7. Reimbursements to Developer. In the event that County approves the North Richmond Specific Plan, County agrees to consider the adoption and imposition of a Specific Plan Fee for the purpose of reimbursing Developer for payments made pursuant to this Agreement in excess of Developer's pro rated share of the cost of preparation, adoption and administration of the North Richmond Specific Plan, as determined by County in accordance with Section 65456. 8. Binding Effect; Assignments. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective, successors and permitted assigns. Developer may not assign its rights or delegate its duties under this Agreement without the prior written consent of County. 9. Indemnification. Developer shall defend, indemnify, save, and hold harmless County and its officers,employees and agents from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s)or property, including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from any late payment or Page 3 of 5 nonpayment by Developer hereunder, save and except claims, costs and liability arising from the sole negligence or sole willful misconduct of County or its officers, employees or agents. 10. Notices. All notices and other communications required or permitted hereunder to be effective will be in writing and will be deemed to have been duly given and received when delivered by hand, or if mailed,three(3)business days after deposit in the mail,with postage prepaid for registered or certified mail. Written notice to each party will be addressed to: COUNTY: DEVELOPER: Patrick Roche, Principal Planner Joseph Zawidski,Vice President-Forward Planning Contra Costa County Signature Properties, Inc. Community Development Dept. 4670 Willow Road, Suite 200 651 Pine Street,4th Floor-North Wing Pleasanton, CA 94588-2810 Martinez, CA 94553 11. Termination. This Agreement may be terminated by either Party, in its sole discretion, upon thirty(30)-day advance written notice thereof to the other, and may be canceled immediately by written mutual consent. Upon termination,Developer shall immediately remit payment in full of any and all amounts due as of the date of such termination. 12. Entire Agreement;Interpretation. This Agreement contains all the terms and conditions agreed upon by the Parties. Except as expressly provided herein,no other understanding, oral or otherwise,regarding the subject matter of this Agreement will be deemed to exist or to bind any of the Parties. It is further understood that Agreement has been arrived at through negotiations, and that within the meaning of Civil Code section 1654,neither Party is to be deemed to be the party which prepared this Agreement. 13. Amendments. This Agreement may be amended only by a written document executed by Developer and County. 14. Choice of Law; Venue. a. This Agreement is made in Contra Costa County and will be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement will be instituted and prosecuted in the courts of Contra Costa County, State of California. 15. No Waiver by County. Inspections or approvals,or statements by any officer, agent or employee of County indicating Developer's performance or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said performance, or payments therefor,or any combination of these acts, will not relieve Developer's obligation to fulfill this Agreement as prescribed; nor will County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Agreement. Page 4 of 5 16. Waivers. Waiver by any Party of a breach or default under this Agreement will not constitute a continuing waiver of a subsequent breach of the same or any other provision of the Agreement. 17. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Agreement may provide some aid or assistance to third parties, it is not the intention of either County or Developer that any such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either Party. 17. Authorization. Consultant, or the representative(s) signing this Agreement on behalf of Consultant,represents and warrants that it has full power and authority to enter into this Agreement and perform the obligations herein. 18. Signatures. IN WITNESS WHEREOF,the County and the Developer have executed this Agreement as of the day and year written above. TY SIGNATURE PROPERTIES,INC. By: By: hair, Board of Supervisors ame Mt4acj C_ to i Print Title: Cr e s l d e n.-' Attest: John Cullen, Clerk of the Board of Supervisors and County Administrator By: I mint Name w AC-e oAf By: O Print Title: Se c r*-c\-®L.r Deputy [Note: If Developer is a corporation,two officers must sign. The first must be the chairman of the board,president or any Recommended: vice president;the second must be the secretary,assistant secretary,chief financial officer or any assistant treasurer. (Corp.Code,§313;Civ.Code,§1190.) If Developer is a limited liability company,Developer shall sign in the manner required of corporations,or by two managers,or by one By: manager,pursuant to the articles of organization(see Corp. Community Development Dept. Code,§§ 17151, 17154, 17157.) If Developer is a partnership, any authorized partner may sign. Signatures by Developer must be notarized.] Approved as to Form: Silvano B. ches' County Co s 1 By: D H:\Final\C D\SpecificPlanAg.FINAL.wpd Page 5 of 5 C4D 16. Waivers. Waiver by any Party of a breach or default under this Agreement will not constitute a continuing waiver of a subsequent breach of the same or any other provision of the Agreement. 17. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Agreement may provide some aid or assistance to third parties, it is not the intention of either County or Developer that any such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either Party. 17. Authorization. Consultant, or the representative(s) signing this Agreement on behalf of Consultant, represents and warrants that it has full power and authority to enter into this Agreement and perform the obligations herein. 18. Signatures. IN WITNESS WHEREOF, the County and the Developer have executed this Agreement as of the day and year written above. '0 7TY SIGNATURE PROPERTIES, INC. By: By: hair, Board of Supervisors ame Y10 t c,kck I C k ce�,ke. c Print Title: Attest: John Cullen,Clerk of the Board of Supervisors and County Administrator By: / t � s -�rint Name L-aw, eticf I. OA1 By: Print Title: Sc c r e 3-okr U Deputy [Note: If Developer is a corporation,two officers must sign. The first must be the chairman of the board,president or any Recommended: vice president;the second must be the secretary,assistant secretary,chief financial officer or any assistant treasurer. (Corp.Code,§313;Civ. Code,§1190.) If Developer is a limited liability company, Developer shall sign in the manner required of corporations,or by two managers,or by one By. manager,pursuant to the articles of organization(see Corp. Community Developmen Dept. Code,§§ 17151, 17154, 17157.) If Developer is a partnership, any authorized partner may sign. Signatures by Developer must be notarized.] Approved as to Form: Silvano B. ches' County Co s 1 By: De H:\Final\C D\SpecificPlanAg.FINAL.wpd Page 5 of 5 State of California }ss. County of Alameda On January 31, 2008 before me, Catherine Payne, Notary Public. Date personally appeared Michael Ghielmetti Name(s)of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the CATHERINE PAYNEinstrument the person, or the entity upon Commission# 1624962 behalf of which the person acted, Notory Public-, -CalHornia f Alameda county executed the instrument. My COMM-EVNw Nov 26.2004 I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing paragraph is true and correct. WITN S my hand and fficial seal. Catherine Payne-Commission V��24962 Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Other than Named Above: Signers Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: State of California }ss. County of Alameda On January 31, 2008 before me, Catherine Payne, Notary Public. Date personally appeared Lawrence Dodd Name(s)of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized CATHERINE PAYNE capacity and that by his signature on the Common# 1624962 instrument the person, or the entity upon Notary Public-Canfornlo behalf of which the person acted, aa Countyexecutedthe instrument. My CoAl COMM.E>IYft Nov 26, I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing paragraph is true and correct. WITN S my hand an fficial seal. i Catherine Payne-Commission N 624962 Optional Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Other than Named Above: Signers Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 16. Waivers. Waiver by any Party of a breach or default under this Agreement will not constitute a continuing waiver of a subsequent breach of the same or any other provision of the Agreement. 17. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Agreement may provide some aid or assistance to third parties, it is not the intention of either County or Developer that any such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either Party. 17. Authorization. Consultant, or the representative(s) signing this Agreement on behalf of Consultant, represents and warrants that it has full power and authority to enter into this Agreement and perform the obligations herein. 18. Signatures. IN WITNESS WHEREOF,the County and the Developer have executed this Agreement as of the day and year written above. TY SIGNATURE PROPERTIES, INC. By: By: hair, Board of Supervisors ame t ac.,l C_ktc j1YteVi Print Title: (��>°s► de�1� Attest: John Cullen, Clerk of the Board of Supervisors and County Administrator By: t i f-nnt Name f.Qw , eru.-e ockf By: Print Title: Sc c rt-��r Deputy [Note: If Developer is a corporation, two officers must sign. The first must be the chairman of the board, president or any Recommended: vice president;the second must be the secretary,assistant secretary,chief financial officer or any assistant treasurer. (Corp. Code, §313;Civ.Code,§ 1190.) If Developer is a _ limited liability company,Developer shall sign in the manner required of corporations,or by two managers, or by one By: manager,pursuant to the articles of organization(see Corp. Community Developmen Dept. Code, §§ 17151, 17154, 17157.) If Developer is a partnership, any authorized partner may sign. Signatures by Developer must be notarized.] Approved as to Form: Silvano B. ches* County Co s 1 By: De H:\Final\C MSpecificPlanAg.FINAL.wpd Page 5 of 5 State of California }ss. County of Alameda On January 31, 2008 before me, Catherine Payne, Notary Public. Date personally appeared Michael Ghielmetti Name(s)of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the CATHERINE PAYNE instrument the person, or the entity upon Commission# 1624962 Notary Public -Callfomia behalf of which the person acted, Alameda County - executed the instrument. MV Comm.EW*M Nov 26, I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing paragraph is true and correct. WITN S myhand aralvlml fficial seal. Lwl_k� ti Catherine Payne-Commission N V 624962 Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Other than Named Above: Signers Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: State of California }ss. County of Alameda On January 31, 2008 before me, Catherine Payne, Notary Public. Date personally appeared Lawrence Dodd Name(s)of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized CATHERINE PAYNEcapacity and that by his signature on the Comm1won# 1624962 instrument the person, or the entity upon Notary Pubuc- cowornAa behalf of which the person acted, Alameda co`t" executed the instrument. My corm.EMOM Nov 26.24 I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing paragraph is true and correct. WITNTzjS my hand an fficial seal. Catherine Payne-Commission N 9 624962 Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Other than Named Above: Signers Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CD m S i! x �$$ a L o ' CL lbs cam' —,--- o----- —Gardens s'b' 4$ $ m o z�N�3 � T iD d a m NCD (D Va a� Z RichmondrP..kw.y -- """` RichmonOMIK •den � T1 ✓1: a ^ u CL F V/ `"` � IaE •a -ena�ust (p :rte A � �.`ill -� 10 cn �d sE Q :A�\NE® SamITT -RIF - - - w r::, -'tNieMeyer-Rd ��''. �A����.<Q>�� �1��•�t W IF MIA AP NiemeyerAve� t . Q . I� 3 O Q 01 01 ''^ r cr Giant Rumrill Blvd 0 Rd EXHIBIT B Breakdown of Fund Advances By Signature Properties to County for Specific Plan Preparation Monthly Total Consultant Schedule Consultant 15% Monthly Monthly Contract Months Contract County Admin County Admin Advance Payment $ 828,857 18 $ 46,048 $ 125,000 $ 6,944 $ 52,992