HomeMy WebLinkAboutReso 91-19 Amendment #1 to the Consultant Services Agreement with Rincon Consultants, Inc. RESOLUTION NO. 91 — 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT#1 TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND RINCON CONSULTANTS, INC.
WHEREAS, the City of Dublin ("City") entered into an Agreement with Rincon Consultants, Inc.
("Consultant") on July 1, 2018 to assist with the update to the Climate Action Plan; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to increase the
scope of work, increase the compensation, and extend the term to June 30, 2020; and
WHEREAS, funding has been included in Fiscal Year 2019-2020 budget to cover the
increased compensation amount of$6,740.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does
hereby approve Amendment #1 to the Consultant Services Agreement with Rincon Consultants, Inc.
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute Amendment #1
to the Consultant Services Agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of September 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, and Josey
NOES:
ABSENT: Councilmember Kumagai and Mayor Haubert
ABSTAIN:
4gel-lt/
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Mayor Pro Te r�
ATTEST: 7-1
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City Clerk
Reso 91-19, Adopted 9/3/2019, Item 4.4 Page 1 of 1
Exhibit A to the Resolution
AMENDMENT #1 TO THE CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND RINCON CONSULTANTS, INC.
WHEREAS, on July 1, 2018, the City of Dublin (hereinafter referred to as
"CITY") and Rincon Consultants, Inc. (hereinafter referred to as "CONSULTANT”)
entered into a Consultant Services Agreement for assistance on the Climate Action Plan
(CAP) update (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the term of said AGREEMENT expires on September 30,
2019; and
WHEREAS, the CITY and CONSULTANT now desire to extend the term
of the AGREEMENT to June 30, 2020; and
WHEREAS, the CITY and CONSULTANT now desire to amend the
contract to add scope of work to include conducting additional green house gas
emissions reductions analyses and potentially update proposed CAP measures; and
WHEREAS, due to the additional work needed, the CITY desires to
increase CONSULTANT compensation from a not-to-exceed sum of $75,000 to
$81,740.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Consultant Services Agreement is amended as
follows:
1) Extension of Term: The Consultant Services Agreement is amended to extend
the termination date to June 30, 2020.
2) Section 2: Compensation. The Consultant Services Agreement is amended to
increase the total contract sum to a not-to-exceed value of $81,740.
3) Section 7.5 shall be rescinded in its entirety and replaced with the following:
Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,
on the basis of a person’s race, sex, gender, religion (including religio us dress
and grooming practices), national origin, ancestry, physical or mental disability,
medical condition (including cancer and genetic characteristics), marital status,
age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any
other classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), against any employee, applicant for employment,
subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant
for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract
approved by the Contract Administrator or this Agreement.
4) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with
the following:
10.12 Integration. This Agreement, including Exhibits A and B,
represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
5) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is
amended per the attached.
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the Consulting Services Agreement.
7) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage
for the amended term, as described above.
8) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power,
right and actual authority to bind Consultant to the terms and conditions of this
Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
RINCON CONSULTANTS, INC.
Dated: ___________________ By: __________________________
Joe Powers, AICP, Vice President
EXHIBIT A
SCOPE OF SERVICES
Original Contract Status and Contract Amendment Summary:
Tasks 1, 3, and 4 are completed. Tasks 2, 5 and 7 are-in process. Tasks 8-11 were included in the
original contract scope of work and will be completed under the original contract amount of $75,000.
Task 12 is the added scope of work in the amended contract, to be completed for a not-to-exceed sum
of $6,740.
Task 1: Kickoff and Analysis of Existing and Expected Conditions
Rincon Consultants’ project team will review the following City of Dublin documentation to determine
baseline information applicable to the CAP update:
City of Dublin General Plan
Specific Plans
2013 Climate Action Plan
Bike/Ped Master Plan
Hazard Mitigation Plan
Past GHG inventories
Rincon Consultants will also review, as pertinent, the additional local plans and inventories listed below
to assist Dublin with its CAP update.
After the completing of the review phase, Rincon will conduct an in-person team kickoff with key
members from both the City and the consultant team. The kick -off will serve to set project expectations,
discuss goals and ideas, and finalize invoice and project reporting needs.
Deliverables
Memo synthesizing relevant document review
Project kick-off meeting agenda and minutes
PowerPoint presentations and any applicable handouts
Final Project Timeline
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Anderson (Rincon Consultants)
Cascadia
BAE
Additional Local Plans and Inventories
Association of Bay
Area Governments
Plan Bay Area 2040 (Resiliency Plan)
Resilience Program
Bay Area Air Quality
Management District
Bay Area Regional Emissions Inventory Report
PEV Readiness Plan
Alameda County
Alameda County Climate Action Plan
Alameda County Climate Action Plan
ART Alameda/Oakland Study
Task 2: Complete GHG Forecasting Analysis
Rincon will utilize their in-house calculation tool along with relevant information from the City of Oakland
CURB report to calculate a business-as-usual GHG emissions in the City of Dublin for both 2030 and
2050. Rincon will provide GHG emissions estimates both with and without State and Federal mandates.
As part of the forecasting process Rincon will also generate a list of all state and federal programs and
policies and include these as part of the overall CAP reductions to avoid redundant actions within the
City of Dublin. The Forecast and business-as-usual model will be used to conduct a GAP analysis and
determine the required GHG reductions for the City of Dublin for both 2030 and 2050.
Deliverables
2030 and 2050 Business-as-usual model (both with and without State and Federal programs)
Memo summarizing State and Federal measures
GAP Analysis for 2030 and 2050
Final Project Timeline
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Anderson (Rincon Consultants)
Task 3: Facilitate Staff and Community Engagement
3.1 One of the major factors in developing an implementable CAP is gaining buy in from both City staff
and the community. Within the City exists a wide variety of stakeholders who will be impacted by
climate change and mitigation measures in diverse and significant ways. Bringing businesses,
residents, and even students into the conversation will make implementing a comprehensive update to
the CAP a reality. During this phase of the project, Rincon will review the Advisory Committees’
structure and suggest additional stakeholders whose involvement will help develop and implement
Dublin’s CAP.
Deliverables
Memo summarizing additional participants for the Community and Staff Advisory Committees
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Cascadia
3.2 During the course of the project, the Rincon Team will manage the advisory committees and other
public outreach. As part of this task, the Rincon Team will manage interactions with the Advisory
Committees including meetings, information transfer, and integration of committee feedback within the
final work products. The Rincon Team will engage the advisory committees at every major step of the
project providing information on the BAU forecast, soliciting feedback and ideas on potential CAP
measures, and providing insights on the current best practices of climate mitigation. A complete
engagement plan will be provided to the City for Review before the kickoff meeting is held.
In addition to facilitating staff and community advisory committee interactions, Rincon will develop a
community wide outreach strategy. This strategy will include operating a project website, developing
visually interesting website materials (infographics, photos, etc.) and a social media strategy (Instagram
and Facebook) to reach out to additional community members. The website will allow for interaction
such as providing feedback on draft measures. Rincon will also work to develop a project brand and
logo which will serve to provide a unifying feel for the project.
Deliverables
Final engagement plan including social media strategy and project branding
Kickoff meeting
Up to 10 meetings
Meeting minutes for each meeting
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Cascadia
3.3 During the outreach program, Rincon will keep records of all feedback gained through the meetings
and the project website. This information will be synthesized into a final report and will be included as
an appendix in the CAP.
Deliverables:
Final outreach report
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Cascadia
Project Website: Rincon will develop and maintain a website for the project which will allow the
community to view new work products, view schedules for meetings and community workshops, learn
about existing and future conditions, and most importantly submit questions and comments. The
website will be structured so that the most readily available information is simple and easy to
understand for a wide audience.
Branding and Project Logo: Working with the City’s Public Information Officer, the project team will
develop a logo for the CAP Update which the project team will use to link together marketing, outreach,
and education campaigns. Through the consistent use of the project logo and brand, the project team
will build awareness of the CAP Update. The City will then be able to attach the logo to future projects
allowing the community to easily identify implementation projects.
Social Media The project team will coordinate with the City’s PIO to operate an Instagram account
throughout the project where we will post information, major event dates, and solicit feedback. The
project team will encourage the community to use a project specific hashtag, and will conduct a green
product giveaway each month of the project (12 total) to get people involved. Potential prizes may
include an LED lightbulb, reusable drinking water container, or similar sustainability related item.
Potentially, businesses like The North Face and Peet’s Coffee could be involved as their mission
statements include sustainability related missions. Getting outreach and/or social media suppor t from
these groups could help propel this project to the forefront.
Celebrate! Climate change and adaptation can be a particularly heavy topic, therefore it is critical to
celebrate major steps taken along the way. At the end of the plan development process, the team will
host a celebratory community event with refreshments, speakers, and the unveiling of the final plan.
Task 4: Recommendation of 2030 and 2050 GHG Reduction Targets
With the recently approved 2017 Scoping Plan, GHG emission targets for municipalities have gotten
clearer. The California Air Resources Board (CARB) has set a recommended target of 6 Metric Tons of
CO2e per person by 2030 and 2 MT of CO2e per person by 2050. These per person estimates can also
be translated into per service person (employees + population). A complete analysis of both options will
be conducted and presented as options.
Deliverables:
Memo outlining 2030 and 2050 reduction targets
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Anderson (Rincon Consultants)
Task 5: Determine Scenarios to Achieve or Exceed new GHG Reduction Targets
Once the GHG reduction goals and GAP analysis has been completed, the project team will develop
the specific actions which will allow Dublin to reach those GHG reduction targets. Rincon will identify a
suite of key GHG reduction measures on which the City can focus as it pursues the goal of 6 MT CO2e
by 2030 and beyond to 2050. The Rincon Team will ensure that each measure has a finance plan, is
fully vetted by the community, and that the hurdles to implementation have been addressed. The
measures included in the updated CAP shall be fully actionable with funding opportunities identified.
The measures will be separated into those that apply to municipal facilities/operations and those that
apply to the community-at-large and organized by GHG reduction area (e.g., transportation, energy,
solid waste, water, etc.). A finalized list will be presented to City staff and Committees for review and
input.
Every measure will come with a GHG reduction potential, list of co-benefits, approximate
implementation costs, and potential funding sources. From this information the Rincon Team will supply
an implementation strategy which will outline which measures should be prioritized.
Deliverables
List potential measures and strategies
List of Funding Sources
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Anderson (Rincon Consultants)
BAE
Cascadia
Task 6: Develop a Draft CAP 2.0 and Identify Implementation Funding Opportunities
Once a complete list of measures is reviewed and approved (Task 5), the Rincon Team will begin work
on a draft of the updated CAP. Rincon will develop a user friendly and readable CAP which leverages
infographics, photos, and other visuals whenever possible and leaves all technical documentation to
the appendix. The CAP will include both near-term and long-term action steps (measures) as well as
the departments and community partners who will be responsible for implementing them. The CAP will
also set key performance indicators (KPIs) which will help define a successf ul implementation of the
CAP strategy as well as measure progress over time.
The Rincon team shall prepare a comprehensive Plan to be consistent with the State Attorney
General’s recommendations and the CEQA Guidelines’ definition of a “Qualified Greenhouse Gas
Reduction Strategy” (Section 15183.5). The Plan Update shall also align with the City’s existing
policies. The plan will provide a framework that reimagines the current systems – built, natural, and
behavioral – as ones that are interconnected and mutually beneficial. The plan will integrate measures
that improve quality of life, build prosperity, and enhance community resilience. Specifically, the CAP
will:
Clearly explain the community’s climate challenges, and the challenges and opportunities it
faces in meeting more ambitious climate adaptation and GHG reduction goals;
Serve as a mechanism to tie together the City’s existing and developing sustainability
initiatives, strategies, and plans with the community’s goals;
Establish a set of cohesive and specific sustainability strategies, implementation plans, and
metrics for regional and State strategies and initiatives; and
Activate and engage residents, businesses, and institutions with positive actions and tangible
benefit.
Be optimized for online viewing on the City’s website
Task 7: CEQA Streamlining and Documentation
7.1 CEQA Documentation In general, an Initial Study Mitigated Negative Declaration (ISMND) is
sufficient California Environmental Quality Act (CEQA) documentation for a Climate Action Plan due to
the generally positive environmental impacts associated with the project. However, due to the
potentially significant resiliency measures which may be proposed including infrastructure construction,
shifting of housing patterns, and others, a programmatic Environmental Impact Report (EIR) may be
required. This will ultimately depend on the measures chosen as well as the response by the
community. Therefore, the Project Team should begin with an ISMND but be prepared for an optional
task of a more in depth EIR analysis.
Deliverables
ISMND CEQA Documentation
Optional EIR (if required)
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Anderson (Rincon Consultants)
Abe Leider (Rincon Consultants)
7.2 CEQA Streamlining Rincon will identify locally-appropriate project-level CEQA threshold of
significance for GHG impacts from future development projects that are found to be inconsistent with
the Local Action Plan Update measures. This will allow the City of Dublin to evaluate the significance of
project level GHG emissions under CEQA, a valuable tool in today’s CEQA climate, considering there
are limited thresholds available which are consistent with SB 32. The threshold will be developed based
on local conditions and inventory data and will be linked to the CAP Update which will be an “applicable
GHG reduction plan” under CEQA. The Project team will integrate its work on the significance
threshold into the CAP Update to ensure that assumptions for GHG emission reductions from existing,
on-the-ground development are appropriately reflected. The threshold and methodology may be
included in an appendix to the CAP Update or as separate documents, as desired by the City.
Deliverables
Draft GHG CEQA Threshold and Methodology
Final GHG CEQA Threshold and Methodology
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Anderson (Rincon Consultants)
Abe Leider (Rincon Consultants)
Task 8: Finalized Updated CAP
Following public review and comment, the Rincon team will coordinate with City staff to incorporate
relevant public input into the final draft CAP Update that will be presented to various groups, boards,
and City Council, with the intention of adoption by City Council. The plan will demonstrate how the City
will deliver its commitment to climate action planning. During this time Rincon will also conduct a
thorough QA/QC review of the entire work scope with our staff of technical editors and principal review.
Deliverables
Final updated CAP (tracked changes and clean versions)
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Anderson (Rincon Consultants)
BAE
Cascadia
Task 9: Reports and Resolutions
9.1 Rincon will provide monthly reports with updates on the CAP update progress as well as any
milestone memos or other deliverables. Rincon will also work with staff to identify required graphics for
interim reports that will ultimately be used in the updated CAP.
9.2 Rincon will provide up to three presentations to City Council. Up to two presentations will be on
CAP update development progress and one presentation will cover the final updated CAP.
Deliverables
General Plan Language
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Maddox (Rincon Consultants)
Task 10: General Plan Language
Rincon will develop language to include in a general plan update.
Deliverables:
General Plan Language
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Maddox (Rincon Consultants)
Task 11: Project Management
This task involves directing the consultant team and coordinating with the City, working groups, and
Project Teams over the approximate 12-month course of the project. It includes internal oversight of
staff and as well as management of the public outreach, engineering, planning and environmental
review tasks included within the work program. The consultant shall provide regular reporting, not less
than monthly, to the City on the status of technical and policy issues, schedule and budget. Given the
relatively tight time frame to accomplish project objectives, exceptional project management and
management accessibility will be critical to the success of this program. The Project management team
will also be involved in the quality assurance and review of all tasks and work products within this work
program. The budget for that quality control is included in the individual task budget
Deliverables
Bi-weekly coordination calls
Monthly Progress Reports and Invoices
QA/QC of all deliverables
Task 12: Additional Response to Comments
After the final draft CAP has been presented to City Council and community groups, Rincon will review
comments and provide additional measure development and analysis should it be needed.
Deliverables
New measures and associated analysis
Significant revisions to document content or structure
Additional meetings with staff or City Council members as needed to produce new measures
Key Staff
Erik Feldman (Rincon Consultants)
Ryan Gardner (Rincon Consultants)
Matt Maddox (Rincon Consultants)