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HomeMy WebLinkAboutCC Resolution 12274 (Target)RESOLUTION NO. 12274 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH RBF CONSULTING FOR ASSISTANCE NEEDED TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFAEL TARGET STORE PROJECT AT SHORELINE CENTER (Term of Agreement: from June 20, 2007 to June 20, 2008, for an amount not to exceed $285,806.00) WHEREAS, on September 9, 1993, the City Council approved a Master Plan for Shoreline Center Business Park and as part of this project the City Council adopted Planned Development (PD 165 1) Ordinance reclassifying the Business Park property from Light Industrial/Office (LI/0) District to a Planned Development District; and. WHEREAS, the planning approvals granted for the Shoreline Center Master Plan were subject to environmental review and an Environmental Impact Report (EIR) was prepared for this project and was certified by the City Council in January 1993; and WHEREAS, subsequent amendments to PD 1651 were approved on October 20, 1997 (PD 1718) and May 18, 1998 (PD 1726) to allow changes in allowed land uses in the center; and WHEREAS, the owners of the center, Calpox, Inc, in conjunction with Target Corporation, have proposed a project to construct a 136,000 square foot general merchandise retail department store, including an outdoor garden center and 676 parking spaces on approximately 14.2 acres of a vacant 19.4 acre site (Parcel 6). The proposed project will require City approval of a General Plan Amendment, Planned Development District Rezoning, Use Permit, Environmental and Design Review Permit and Tentative Map; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA), the proposed project will require environmental review, which will involve the preparation of an EIR; and WHEREAS, RBF Consulting has prepared a proposal for services to prepare the environmental document for this revised project, which is provided as Exhibit "A"; and WHEREAS, the proposal for services includes a not -to -exceed budget of $285,806.00, which includes completion of all necessary tasks through document certification; and WHEREAS, the developer has agreed to pay all consultant costs associated with the preparation of the EIR plus the City's EIR administration fee of 25%. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Services with RBF Consulting. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the City Council of said City held on Wednesday, the 201h day of June, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A9-t�X . 4-2-49"0, r --5e JEANNE M. LEONCINI, City Clerk Exhibit "A" Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFEL TARGET STORE PROJECT AT SHORELINE CENTER This Agreement is made and entered into this 200' day of June 2007, by and between the City of San Rafael (hereinafter "CITY"), and RBF Consulting, a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted its proposal for the performance of services, which is attached hereto and incorporated by reference herein; and WHEREAS, CITY desires to retain CONTRACTOR to perform professional services necessary to render advice and assistance to the CITY, the CITY's Planning Commission, City Council and staff in the preparation of an Environmental Impact Report (EIR); and WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. AGREEMENT NOW, TIIEREFORE, it is agreed by and between the CITY and CONTRACTOR as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Principal Planner, Raffi Boloyan, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Kristie Wheeler, Senior Associate/Senior Project Manager, is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. A. CONTRACTOR shall perform the duties and/or provide services as described in Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center, attached hereto and incorporated herein. B. Commencement. CONTRACTOR agrees to commence work immediately after the date of signing this contract. C. Completion. Tasks described in Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center shall be completed as set forth in the schedule outlined in Proposal to 1 1� SIR IV Prepare EIR — San Rafael Target Store at Shoreline Center, attached and incorporated by reference herein. 3. DUTIES OF CITY. CITY shall perform the duties and/or provide services as outlined in Proposal to Prepare EIR -- San Rafael Target Store at Shoreline Center, attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $285,806.00 based upon the budget shown in Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center, to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing on June 20, 2007 and ending on June 20, 2008. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement shall be extended for an additional period. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. However, use of said property by CITY for project(s) not the subject of this Agreement shall be at CITY's sole risk without legal liability or exposure to CONTRACTOR. 2 INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABU ITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. to, INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: A comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) to cover any claims arising out of the CONTRACTOR's negligent performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 10. A. shall also meet the following requirements: The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager: (a) Certificates of Insurance evidencing the insurance coverage required herein; and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 3 11 12. 13 The insurance policies shall provide that the insurance carrier shall not cancel or terminate said insurance policies except upon thirty (30) days written notice to City's Risk Manager, except for nonpayment of premiums for which such notice shall be ten (10) days. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years, to the extent that such coverage remains commercially available at reasonable rates. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction. CONTRACTOR has declared that their professional liability insurance has a $250,000 deductible. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and designated volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including reasonable attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any negligent acts or omissions or willful misconduct of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 0 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Raffi Boloyan Principal Planner City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Kristie Wheeler Project Director RBF Consulting 500 Ygnacio Valley Road, Suite 270 Walnut Creek, CA 94596-3847 16, INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 5 E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 952-24-7293, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KEN NORD FF, City Manager 0 CONTRACTOR By: Name: Garrett Gritz Title: Senior Vice -President ATTEST: JE�. LEONC , City Clerk APPR �-- Y City Attomey EXHIBIT: Proposal to Prepare EIR - San Rafael Target Store at Shoreline Center, dated May 17, 2007 7 PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFEL TARGET STORE PROJECT AT SHORELINE CENTER This Agreement is made and entered into this 200' day of June 2007, by and between the City of San Rafael (hereinafter "CITY'), and RBF Consulting, a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted its proposal for the performance of services, which is attached hereto and incorporated by reference herein; and WHEREAS, CITY desires to retain CONTRACTOR to perform professional services necessary to render advice and assistance to the CITY, the CITY's Planning Commission, City Council and staff in the preparation of an Environmental Impact Report (EIR); and WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. /[".7B101►%IBl1MN NOW, THEREFORE, it is agreed by and between the CITY and CONTRACTOR as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Principal Planner, Raffi Boloyan, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Kristie Wheeler, Senior Associate/Senior Project Manager, is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. DUTIES OF CONTRACTOR. A. CONTRACTOR shall perform the duties and/or provide services as described in Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center, attached hereto and incorporated herein. B. Commencement. CONTRACTOR agrees to commence work immediately after the date of signing this contract. C. Completion. Tasks described in Proposal to Prepare EIR -- San Rafael Target Store at Shoreline Center shall be completed as set forth in the schedule outlined in Proposal to Exhibit "A" Prepare EIR — San Rafael Target Store at Shoreline Center, attached and incorporated by reference herein. 3. DUTIES OF CITY. CITY shall perform the duties and/or provide services as outlined in Proposal to Prepare EIR San Rafael Target Store at Slioreline Center, attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $285,806.00 based upon the budget shown in Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center, to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 0114�1Ulfto) 91-11aNOVIaUV The term of this Agreement shall be for one (1) year commencing on June 20, 2007 and ending on June 20, 2008. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement shall be extended for an additional period. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. However, use of said property by CITY for project(s) not the subject of this Agreement shall be at CITY's sole risk without legal liability or exposure to CONTRACTOR. S. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: A comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) to cover any claims arising out of the CONTRACTOR's negligent performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 10. A. shall also meet the following requirements: The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager: (a) Certificates of Insurance evidencing the insurance coverage required herein; and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel or terminate said insurance policies except upon thirty (30) days written notice to City's Risk Manager, except for nonpayment of premiums for which such notice shall be ten (10) days. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years, to the extent that such coverage remains commercially available at reasonable rates. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction. CONTRACTOR has declared that their professional liability insurance has a $250,000 deductible. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and designated volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including reasonable attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any negligent acts or omissions or willful misconduct of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13, COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. fi 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Raffi Boloyan Principal Planner City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Kristie Wheeler Project Director RBF Consulting 500 Ygnacio Valley Road, Suite 270 Walnut Creek, CA 945 96-3 847 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 5 E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 952-24-7293, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KEN NORDHOFF, City Manager 6 CONTRACTOR By: Name: Garrett Gritz Title: Senior Vice -President ATTEST: JEANNE M. LEONCINI, City Clerk APPROVED AS TO FORA: GARY T. RAGGH ANTI, City Attorney EXIT BIT: Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center, dated May 17, 2007 7 City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center PROJECT RBF Consulting (RBF) is pleased to submit this proposal to prepare an UNDERSTANDING environmental impact report (EIR) for the San Rafael Target Store proposed at Shoreline Center. The project would involve construction of a 136,000 -square - foot general merchandise retail department store, including an outdoor garden center and 676 parking spaces, on approximately 14.2 acres of a 19.4 -acre site. The project site is a portion of Parcel 6 identified in the Shoreline Center Master Plan and is located northeast of the existing Home Depot on the north side of Shoreline Parkway at its terminus. The remaining 5.2 acres are not currently proposed for development. In September 1993, the City Council approved the Shoreline Center Business Park Master Plan and Planned Development District, and certified the Shoreline Center Final EIR. Subsequent amendments to the Planned Development District have been approved primarily to address changes in allowed land uses. Previously, a golf driving range was approved for the project site but was never built. A temporary storage lot for Sonnen BMW was also approved and currently occupies a portion of the site. The storage lot would be removed or relocated to accommodate the proposed project. The San Rafael Target Store requires approval of the following: • General Plan Amendment • Planned Development District Rezoning • Use Permit • Environmental and Design Review Permit • Tentative Map SCOPE OF WORK RBF will prepare an Administrative Draft EIR, Draft EIR, Final EIR and related work products for the San Rafael Target Store. These documents will be prepared in accordance with the California Environmental Quality Act (CEQA) (Section 21000 et seg. of the California Public Resources Code), the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and the regulations, requirements and procedures of the City of San Rafael (City). To the extent feasible, RBF will reference information and analysis contained in the Shoreline Center Final EIR. This scope of work has been prepared pursuant to the City's request and is based on our knowledge of the project site and surrounding area, meetings with City staff on January 31 and February 14, 2007, and subsequent discussions with staff and the project sponsor. 1.0 PROJECT 1.1 RESEARCH AND INVESTIGATION INITIATION RBF will review information and materials for the project that will be provided by the City and project sponsor. This will include a peer review of technical studies and reports prepared for the project to determine their adequacy and identify issues and areas that may need augmentation in order to prepare an adequate EIR. RBF will also review project plans and policy documentation from the City as well as any other public agency that may be affected by the 1 Project Understanding Scope of Work CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center proposed project. This information will become part of the foundation of the EIR and will be reviewed and incorporated into the analysis, as deemed appropriate. Once our initial review is complete, RBF will provide the City with a memorandum identifying any additional information needed. At that time, refinements to the scope of work will be presented and discussed with City staff, if necessary. 1.2 AGENCY CONSULTATION As indicated in CEQA Guidelines Section 15083, early consultation with public agencies often resolves potential conflicts that could arise later in the review process. During project initiation, RBF will contact affected local, state and federal responsible and/or trustee agencies to identify potential environmental concerns. 1.3 FIELD RECONNAISSANCE RBF will conduct a field reconnaissance of the project site, reviewing existing land use and environmental conditions and conducting a photographic recording of on-site and surrounding uses. 1.4 PROJECT DESCRIPTION RBF will work with City staff and the project sponsor to prepare a summary of the characteristics and details of the proposed project. The Project Description will include the project location, background and history of the project, characteristics of the project site, summary of the environmental setting, proposed uses, project objectives, potential phasing, and permits and approvals that are required for the project. This section will also include a summary of the local environmental setting for the project and exhibits depicting the regional and site vicinity. 1.5 SCOPING RBF will prepare a Notice of Preparation (NOP) for review by City staff prior to distribution to the State Clearinghouse and responsible and trustee agencies. One camera-ready and an electronic copy of the NOP will be provided to the City. In addition, RBF will attend one public scoping meeting to be held during the 30 - day NOP review period. RBF will document and summarize comments and feedback received at the scoping meeting prior to completion of the Administrative Draft EIR. A hard copy of this summary will be provided to the C ity. 2.0 ADMINISTRATIVE 2.1 EXECLITIVE SUMMARY DRAFT EIR RBF will prepare an Executive Summary for the EIR including a project summary, an overview of project impacts, mitigation measures and levels of Project Understanding Scope of Work CONSULT•NG City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center significance after mitigation, and a summary of project alternatives. The Executive Summary will be presented in a table format with supporting text. 2.2 INTRODUCTION The Introduction will cite the provisions of CEQA applicable to the proposed project. This section will identify the intended uses of the EIR, agencies that may rely upon it, purpose of the EIR and statutory authority, a history of the environmental review conducted under the Shoreline Center Final EIR, summary of scoping procedures, EIR format, listing of responsible and trustee agencies, and documentation incorporated by reference. 2.3 IMPACT ANALYSIS The Impact Analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area, identify short-term and long-term environmental impacts and indicate the level of significance for each impact. RBF will evaluate potential impacts relative to the thresholds of significance contained in Appendix G of the CEQA Guidelines. Feasible mitigation measures will be recommended to reduce the significance of impacts and the resulting level of significance after mitigation will be identified. Environmental issues raised during the scoping process (responses to the NOP and/or comments made at the public scoping meeting) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical studies. This section will include an analysis of the following environmental issue areas: 2.3.1 Land Use and Planning RBF will provide an evaluation of project consistency with the San Rafael General Plan 2020, Zoning Ordinance and Shoreline Center Master Plan in the Land Use and Planning section of the EIR. General Plan, Zoning and Master Plan consistency will be presented in table format with supporting text. RBF will consult with City staff to determine the applicable policies and regulations to be evaluated. 2.3.2 Aesthetics The visual impacts of the proposed project will be analyzed in the Aesthetics section of the EIR. RBF will describe the existing visual conditions of the site, including a discussion of views within the site and views from surrounding areas to the site, and a description of the expected changes that would result from development of the proposed project. To assist in the analysis, computer-generated photosimulations will be prepared for up to five off-site viewing locations to be selected in consultation with City staff. Professional photographs from the selected viewing locations will be taken with a Fuji GX 617 panoramic camera. Back-up shots will be taken using a Nikon D1 X digital camera. All panoramas that require a wider field of view than 3 Project Understanding P43FScope of Work CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center 80 degrees will be shot with the Nikon DIX and seamed together using specialized software. Selected views will be drum scanned at high resolution for use in photo composites. The geometry will then be colored, textured and prepared for rendering the scene from the chosen viewing points. The photosimulations will combine a computer-generated image of the proposed project with a photograph of the existing site taken from the selected viewing locations. RBF will prepare a three dimensional computer model of the site, proposed buildings, and other project features for the creation of photorealistic renderings. As proposed in this scope of work, the photosimulations will be provided at a high level of detail, using the architectural drawings to show the mass, scale and height of proposed structures. In addition, the photosimulations will include full details such as doors, windows, architectural detailing and landscaping. RBF will also address potential impacts associated with the introduction of light and glare. This analysis will include a light and glare impact discussion on any neighboring sensitive uses from street lights, vehicle headlights, building lights, night time building illumination and security lighting. RBF will review and incorporate existing City policies and guidelines regarding light and glare in the EIR. The EIR will identify the potential visual impacts of the project and recommend mitigation measures to reduce impacts. 2.3.3 Air• Quality RBF will evaluate potential air quality impacts that would result from implementation of the proposed project. The air quality analysis will include the following: Existina Conditions. San Rafael is located within the San Francisco Air Basin under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). RBF will describe the meteorological conditions and discuss ambient air monitoring data collected for the nearest monitoring station. A description of the regulatory framework relating to air quality (i.e., California Clean Air Act, Air Quality Management Plan, etc.) will also be provided. Construction -Related Emissions. Equipment exhaust and fugitive dust emissions resulting from construction activities will be quantified using URBEMIS2002. Based on landform, grading, demolition and excavation data, and assumptions provided by the project sponsor (i.e., number/type of equipment needed for grading activities, project phasing, etc.), the analysis will estimate equipment exhaust emissions utilizing the latest emission factors as prescribed by the California Air Resources Board (CARB) and the EMFAC2007 Model. Fugitive dust emissions will be quantified based on the number of acres to be graded per day. Construction pollutant emissions will be compared to BAAQMD thresholds and mitigation measures will be recommended to reduce the significance of 4 Project Understanding Scope of Work CONSULTING City of San Rafael ■ CONSULTING Proposal to Prepare EIR San Rafael Target Store at Shoreline Center emissions, where feasible. RBF will also qualitatively discuss naturally occurring asbestos impacts as they relate to the proposed construction activities. Lona -Term Emissions. RBF will quantify vehicular and area source emissions, and provide a comparison to the BAAQMD thresholds of significance. The emissions will be quantitatively derived utilizing the EMFAC2007 and URBEMIS2002 models. Project consistency with regional air quality plans, including the Bay Area Air Quality Management Plan, will be evaluated in the EIR section. RBF will address cumulative air quality impacts based upon a list of cumulative projects supplied by the City. RBF will also qualitatively address global warming issues as they pertain to the global warming initiative (Assembly Bill 32), which was signed into law by Governor Schwarzenegger on September 2006. CO Hotsoots. RBF will perform a screening -level analysis to verify exemption of regional and local CO emissions utilizing the methodology prescribed by the UC Davis Institute of Transportation Studies and the BAAQMD. This scope includes quantitatively evaluating CO hotspots at study intersections for the "Future Plus Project" condition. 2.3.4 Biological Resources WRA will assist RBF in the preparation of the Biological Resources section of the EIR. This section will address sensitive habitat areas, as well as sensitive plant and animal species that are included on lists prepared by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), and the California Native Plant Society's (CNPS) Inventory of Rare and Endangered Vascular Plants of California data base. The biological resources analysis will include the following: Review All Available Documentation. The primary focus of the review will be to gain historical knowledge of the biological assessments previously prepared by other consultants and their pertinence to the project site. It is assumed that all available pertinent biological reports will be provided to WRA for review. If necessary, authors of existing biological studies will be contacted to clarify any methods and results or issues of concern. In addition to the existing applicable biological documentation, a data base review of the CNPS, USFWS and California Natural Diversity Data Base (CNDDB) documented special -status plant and animal species occurrences will be performed. Conduct a Field Visit. WRA will visit the project site to assess the current condition of biological resources present, and the potential of special -status resources to occur on-site and in the vicinity of the proposed Target Store. The primary focus will be to confirm the description of existing biological resources as described in the available biological documentation and to document any changes in vegetation or other biological resources. Possible impacts to sensitive species located within the footprint of the proposed project will be the focus of Project Understanding Scope of Work City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center the site inspection; however, any potential indirect impacts from the project will also be assessed. Prepare a Technical Report. WRA will prepare a report outlining the results of the document/data base review and field visit. Specifically, this will include an assessment of the adequacy of the biological documentation provided, including an assessment of the survey/sampling methodologies used. Additional work that may be required to update existing biological reports or to address other biological issues will be outlined in the report. If it is found, based on the results of the document/data base review, that further field surveys are necessary, this work will be conducted pursuant to an amendment to this scope of work and cost estimate. Other biological regulatory issues will be addressed in the report, including designated critical habitat for federal -listed species, wetland, riparian and stream regulations, and native tree ordinances. Prepare an Updated Resource Map. At a minimum, information necessary to create an updated biological resources map that shows existing vegetation, jurisdictional resources and areas of suitable habitat for special -status species, will be acquired. WRA has previously conducted biological analyses on nearby sites adjacent to Kerner Boulevard and is familiar with the biological resources adjacent to the project site. The City and/or its consultants will provide direction to WRA on the base maps to be used for the biological assessment. The EIR will incorporate maps illustrating the location of documented occurrences of special status species and of vegetation communities within areas proposed for development. Analyze the Proposed Proiect. Based on the information gathered in the tasks above, WRA will determine potential impacts to biological resources. The evaluation will include direct and indirect impacts to common and special -status plant and animal species, vegetation communities and trees, jurisdictional or otherwise sensitive habitats, wildlife movement corridors and other significant biological resources. WRA will evaluate the significance of the expected impacts based on an assessment of the overall biological value of the subject area and identified significance threshold criteria (CEQA checklist). WRA will also evaluate the proposed project and its consistency with other relevant plans, policies and regulations as they relate specifically to biological resources. Prepare the Biological Resources Section for the EIR. As appropriate, the EIR will incorporate the findings of all biological documentation, and will include a discussion of the following: field survey methodologies and findings; characterization and extent of on-site vegetation communities; special -status plant or wildlife species occurring or potentially occurring within or near the project site; opportunities that the project site provides for wildlife movement to surrounding habitat; sensitive and/or jurisdictional habitats within or near the project site; and the overall biological value of habitat within the project site. The EIR will incorporate maps illustrating the location of documented occurrences of special -status species and of vegetation communities within the area proposed for development and will describe direct and indirect impacts on 5 Project Understanding IXScope of Work Y .. CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center biological resources resulting from the implementation of the proposed project. Measures to mitigate direct, indirect, and cumulative impacts will be provided. 2.3.5 Geology and Soils RBF will review the preliminary geotechnical report prepared by Kleinfelder for the proposed project and any previous geotechnical studies relevant to the project site. In addition, RBF will review other geology, soils and seismicity information available for the site, including any documents used in support of the recent General Plan Update and EIR. Specific tasks include: review of existing soils, general geologic and hydrogeologic (groundwater) conditions, and geologic hazards relevant to the site and the proposed project. Based on this information, RBF will prepare an evaluation of soils conditions, identify potential impacts and recommend mitigation measures to reduce impacts. 2.3.6 Hazards and Hazardous Materials RBF will review the Phase I Site Assessment prepared by Kleinfelder for the proposed project and any previous reports on hazards and hazardous materials relevant to the project site. This information will be utilized to prepare the Hazards and Hazardous Materials section of the EIR, which will identify impacts that might result from: (1) the creation of a significant hazard to the public or environment through the transport, use or disposal of hazardous materials or through the reasonable foreseeable upset or accident involving the release of hazardous materials; (2) hazardous emissions within one-quarter mile of a school; (3) locating a project on a hazardous materials site; and (4) impairing implementation of an adopted emergency response or evacuation plan. Mitigation to reduce potential impacts will be recommended. 2.3.7 Hydrology and Water Quality RBF will review the drainage plan prepared for the project, if available, and published and unpublished information from the Regional Water Quality Control Board (RWQCB), City, and local, state and federal resource agencies. In addition, RBF will review water quality monitoring reports prepared by CSS Environmental Services for Shoreline Center. Based on available information, RBF will prepare the Hydrology and Water Quality section of the EIR to address existing drainage conditions and flood hazards, project related effects on the existing drainage patterns and facilities, identify regional and local water quality issues, and discuss the National Pollutant Discharge Elimination System (NPDES) permit requirements for the local project area. Potentially significant drainage and water quality impacts will be identified and mitigation measures, including best management practices (BMPs) for water quality impacts, will be recommended to reduce impacts. 2.3.8 Noise RBF will review applicable state and local noise and land use compatibility criteria for the project area. Noise standards will be based upon the City of San RBF 7 Project Understanding Scope of Work n n CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center Rafael Zoning Code, and the plans and policies set forth in the San Rafael General Plan 2020. RBF will conduct a field investigation of the project site and adjacent land uses. During the field investigation, RBF will collect short-term noise measurements in the project area. Noise monitoring equipment will consist of a Brael & Kjaer model 2250 sound level meter (SLM) equipped with Bruel & Kjwr pre -polarized free field microphone. The results of the noise measurements will be post - processed and graphically illustrated with the Bruel & KjTr Noise Explorer software. The noise measurements will be conducted at up to five separate locations to establish anticipated sound levels for potentially affected adjacent land uses. Noise recording lengths are anticipated to require approximately ten minutes at each location. The noise measurements will evaluate noise exposure due to traffic while accounting for local topography, shielding from existing structures, and variations in travel speed. Short -Term Construction Noise. The proposed project would require excavation, grading, and building of structures, which would temporarily increase the ambient noise levels within the area. The City has expressed concern over pile - driving activities that would be required for the project. The acoustical analysis will address impacts associated specifically with pile -driving on nearby land uses. The acoustical analysis will analyze the short-term impacts and provide recommended mitigation measures as needed to help attenuate noise due to construction activities at surrounding land uses. Stationary Noise Sources. Potential effects of existing off-site noise sources will be evaluated based on the City's land use compatibility standards. Compliance with applicable noise standards will be evaluated, with recommended mitigation measures included where appropriate. Traffic Noise. The proposed project is anticipated to generate new vehicular traffic trips. Noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway RD -77-108 model. Model input data will include average daily traffic volumes, day/night percentages of autos, medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway widths. The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. Traffic parameters necessary for the model input will be obtained from Korve Engineering who will be preparing the traffic analysis. On -Site Noise Impacts. Noise mitigation measures designed to reduce long-term impacts to acceptable noise levels in the vicinity of the project site will be determined where necessary. Both an evaluation of the potential mitigation measures and a discussion of their effectiveness will be provided. 8 Project Understanding Scope of Work Y Y Y CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center 2.3.9 Public Services, Utilities and Service Systems RBF will coordinate with City staff and affected public service and utility providers to address potential impacts of the proposed project. RBF will prepare and send letters to public service and utility providers to assess the potential impacts of the proposed project on the provisions of their services or facilities. The following services, facilities and utility systems will be analyzed: • Solid Waste Disposal • Water Supply • Telecommunications • Parks • Natural Gas and Electricity • Fire • Wastewater • Police 2.3.10 Transportation/Traffic Korve Engineering (Korve) will assist RBF in the preparation of the Transportation/Traffic section of the EIR. The following detailed scope of work for this section was prepared in consultation with the City's Traffic Engineer: Perform Data Collection. Based on conversations with City staff, review of the study area, and preliminary trip generation and assignment estimates, the following eleven signalized intersections and twelve unsignalized intersections comprise the study area for the project wherein the new traffic could be reasonably expected to result in a significant adverse impact: Signalized Intersections 1. Francisco Boulevard East and Shoreline Parkway 2. Francisco Boulevard East and Irene Street 3. Irene Street and Kerner Boulevard 4. Francisco Boulevard East and Medway Street 5. Bellam Boulevard and Kerner Boulevard 6. Bellam Boulevard and Francisco Boulevard East 7. Bellam Boulevard and WB I-580 On-Ramp/Off-Ramp 8. Bellam Boulevard and EB I-580 On-Ramp/Off-Ramp 9. Bellam Boulevard and Andersen Drive 10. Andersen Drive and Francisco Boulevard West 11. Andersen Drive and SB 101 Off -Ramp Unsignalized Intersections 1. Kerner Boulevard and Shoreline Parkway 2. Kerner Boulevard and Pelican Way 3. Kerner Boulevard and Morphew Street 4. Francisco Boulevard East and Morphew Street 5. Francisco Boulevard East and Pelican Way 6. Francisco Boulevard East and Castro Avenue 7. Bellam Boulevard and Castro Avenue 8. Bellam Boulevard and Belvedere Street 9 Project Understanding F. ". Scope of Work CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center 9. Bellam Boulevard and Lisbon Street 10. Francisco Boulevard West and SB 101 On -Ramp 11. I-580 WB Ramps and Main Street/Francisco Boulevard East 12. I-580 EB Ramps and Main Street AM and PM peak hour turning movement counts will be collected at the twelve unsignalized study intersections listed above. Counts will be collected during non -holiday midweek days (Tuesday to Thursday) (under a separate contract). We understand that the City will provide AM and PM peak hour turning movement counts at all eleven signalized intersections. Twenty-four hour, seven-day average daily traffic (ADT) counts will be collected (under a separate contract) on the following roadway segments: • Shoreline Parkway — between Kerner Boulevard and Francisco Boulevard East • Francisco Boulevard East — between Shoreline Parkway and Pelican Way • Francisco Boulevard East — between Irene Street and Shoreline Parkway • Kerner Boulevard — between Shoreline Parkway and Pelican Way • Kerner Boulevard — between Bellam Boulevard and Irene Street • Bellam Boulevard — between Francisco Boulevard East and Lisbon Street Daily and peak hour counts will be obtained from Caltrans for critical freeway mainline segments and ramps in the study area. The following mainline segments (both directions) and ramps of US 101 and I-580 will be evaluated as part of the transportation analysis: Freeway Segments US 101 between I-580 and San Rafael/2❑d Street Ramps 1-580 between Bellam Boulevard and Sir Francis Drake Boulevard East Ramps Ramps -- Merge Diverge Movements • I-580 WB Off -Ramp to Bellam Boulevard • I-580 WB On -Ramp from Bellam Boulevard • I-580 WB Ramp to NB US 101 • US 101 SB Ramp to EB I-580 • US 101 SB Off -Ramp to Andersen Drive • US 101 Off -Ramp to Bellam Boulevard • I-580 EB On -Ramp from Bellam Boulevard • I-580 WB Off -Ramp to Main Street/Francisco Boulevard East • I-580 EB On -Ramp from Main Street/Francisco Boulevard East g Project Understanding Scope of Work Y ■ CONSULTING City of Proposal to Prepare ETR San Rafael San Rafael Target Store at Shoreline Center Proiect Trig and Parking Generation. The number of vehicle trips to be generated by the proposed project will be estimated based on detailed information developed by the City and previous consultants relative to Target stores in the greater Bay Area. We understand that driveway counts have been collected at a number of similar Bay Area Target facilities, and that this information will be made available for the EIR. As it has been collected at project -specific facilities, it will be more accurate than data from standard sources such as the ITE Trip Generation Manual. The project trip generation estimate with methodology and source will be summarized and transmitted to the City for approval prior to use in the EIR. The proposed on-site parking supply will be evaluated against the expected parking demand based on industry standard methods and City requirements. Proiect Trip Distribution. The preliminary directional distribution of the site - generated traffic onto the roadway network will be estimated based on information from the City's EMME2 travel demand model. This distribution will be reviewed based on the locations of likely origins and destinations of employment and visitor based trips. In addition to the land use interactions within the City, the trip distribution pattern will be reviewed relative to area congestion and logical circulation patterns on the roadway network immediately surrounding the project site. Where modifications are necessary, recommendations will be forwarded to City staff for concurrence and approval. The preliminary distribution and assignment of project traffic will be submitted to City staff for review and comments. Any necessary revisions will be made to the preliminary distribution. Based on this final trip distribution, project generated trips will be assigned to study area roadways for the impact analysis. Trip assignments will be to and from all internal roadways and turning movements will be shown for internal roadways as well as all study intersections. Traffic Impact Analvsis. Operating conditions will be assessed at the study intersections and freeway segments for the following six scenarios: • Baseline Conditions (Existing plus Approved Projects) • Baseline plus Project (Target) Conditions • Baseline with Marin Square Modification (as approved by 2006 PSP) plus Project (Target) • Baseline with Marin Square Modification (alternate project — all retail) plus Project (Target) • Cumulative Conditions (General Plan 2020) • Cumulative plus Project (Target) Conditions As part of the existing conditions analysis, a field inventory of roadways and intersections, parking facilities, bicycle paths, and pedestrian corridors in the project study area will be assembled. This inventory will include general street widths, intersection turn lanes, traffic control devices, provisions for bicycles and pedestrians, transit facilities and access issues. 9 Project Understanding Scope of Work CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center The analysis of the study intersections and freeway segments will use the methodology and criteria of the Transportation Research Board's 2000 Highway Capacity Manual. Signalized intersections will be evaluated based on the City's Synchro/Simtraffic 6.0 files to be provided to Korve. In addition to level of service (LOS) analysis, traffic signal warrants will be prepared for each of the unsignalized intersections based on the criteria and methodology of the Manual on Uniform Traffic Control Devices, California Supplement 2003. All way stop warrants will also be checked for existing intersections with one or two-way stop control. Korve will conduct intersection LOS analysis at all unsignalized intersections, including all project driveways. Traffic volume projections for the six future scenarios are assumed to be provided to Korve by the City. These forecasts will be based on the project trip generation and distribution information developed in the two previous tasks described above. Korve has assumed that the City will use its EMME2 travel demand forecasting model to produce future year projections, and that turning movement volumes for the AM and PM peak hours will be provided to Korve for use in the Synchro/Simtraffic analysis. Korve will work with the City through an iterative process to develop appropriate intersection LOS and delay results from the Synchro/Simtraffic software. As the area roadway network becomes highly congested during peak travel periods, accurate forecasting of intersection delays can be difficult. This is especially true for the Bellam Boulevard intersections of Kerner Boulevard, Lisbon Street, Castro Avenue, Francisco Boulevard East, I-580 WB Ramps, I-580 EB Ramps and Andersen Drive. These intersections are closely spaced with many mid - block driveways. Both conditions serve to reduce capacity and impede the efficient flow of traffic. To prepare an accurate Synchro/Simtraffic representation of conditions on the area roadway network during peak periods, saturation flow surveys and travel time runs will be conducted on Bellam Boulevard during both the AM and PM peak hours of travel. Korve will work with City staff to calibrate the Synchro/Simtraffic model to appropriately represent field conditions. Intersection queues and storage will be reviewed at all study intersections to determine if queue spill back between intersections or out of turn bays is currently occurring or is forecast to occur in future conditions. Intersections of concern include all of those on Bellam Boulevard and the southbound left turn from Francisco Boulevard East to Shoreline Parkway. Arterial LOS will be assessed for the following segments: • Bellam Boulevard between Andersen Drive and Kerner Boulevard • Kerner Boulevard between Irene Street and Bellam Boulevard • Francisco Boulevard East between Shoreline Parkway and Irene Street Arterial LOS will be based on information provided directly from the City model. 10 Project Understanding Scope of Work IMF CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center The proposed plan will be reviewed for adequate circulation and access based on City standards, AASHTO standards and Caltrans design policies. The on-site circulation and access analysis will determine proper turn storage and sight distance at main project access locations. Internal roadways and intersections will be reviewed to determine if safe and adequate cross sections are proposed throughout the project area. The affects of existing, on-going and future construction on US 101 and the I- 580/US 101 connector will be qualitatively discussed in the analysis. Freeway construction in the area is likely leading to some levels of traffic diversions into, around and through study intersections. Likely paths of construction traffic diversion will be qualitatively discussed. Bicvcle. Pedestrian and Transit Impact Analvsis. The proposed site plan will be assessed relative to City standards, American Association of State Highway and Transportation Officials (AASHTO) standards and Caltrans design policies to determine if they meet engineering standards for safe and adequate facilities. The surrounding project area will be reviewed to determine if additional opportunities for pedestrian and bicycle connections are available. Pedestrian and bicycle paths of travel to and from the Canal District residential neighborhood will be sketched, discussed and analyzed in detail as part of the EIR. If inadequate or unsafe connections are provided, appropriate mitigations and remedies will be developed and proposed. The amount of transit traffic to be generated by the project will be calculated using information from the U.S. Census. The effects of this new transit traffic on local transit providers and lines will be documented and described. Identify Impacts and Mitigations. Based on the results of the LOS analysis and bicycle, pedestrian and transit analysis, any significant adverse impacts will be identified in accordance with established significance standards. Mitigation measures will be developed for all identified impacts. Project contributions to any significant cumulative impacts will also be identified. Alternative mitigation measures will be discussed with City staff during the analysis period and included in a draft report to the City for review. Prepare Transportation/Traffic Section. The Transportation/Traffic section will be prepared documenting the results of Korve's data collection and analysis efforts. The section will contain all of the items and information described above and will be prepared in accordance with CEQA and City standards for such documents. 2.3.11 OtherIssues RBF will assess any other issues that may be discovered during the scoping process and/or in the review of comments received in response to the NOP. If major issues are discovered, RBF will discuss them with the City and determine whether revisions to the scope of work and fee are necessary. 11 Project Understanding Scope of Work Y Y CONSULTING City of Proposal to Prepare ETR San Rafael San Rafael Target Store at Shoreline Center 2.3.12 Effects Found Not to be Significant RBF will describe effects found not to be significant, in accordance with Section 15128 of the CEQA Guidelines, by listing them with brief explanations of why they are not significant and by referral to the evidence supporting the finding in the Initial Study. Mandatory findings of significance contained in Public Resources Code Section 21083 and Appendix I of the CEQA Guidelines will also be addressed. 2.4 GROWTH INDUCEMENT RBF will discuss potential growth -inducing impacts pursuant to CEQA Guidelines Section 15126.2. The potential for the project to introduce new housing to the area, or reduce obstacles to future development (e.g., provide new infrastructure or links between discontinuous infrastructure distribution lines) will be considered. The analysis in this section will be based on data from the City, California Department of Finance, Association of Bay Area Governments (ABAG) and the U.S. Census Bureau. 2.5 CUMULATIVE D/IPACTS In accordance with CEQA Guidelines Section 15130, this section will discuss the cumulative impacts of the project "when the project's incremental effect is cumulatively considerable." "Cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past, current and probable future projects. RBF will consult with City staff to define the appropriate study area for the cumulative analysis. The potential for impacts and levels of significance will be based on the effects of the proposed project combined with the effects of other known and probable future projects. RBF will evaluate cumulative impacts for each of the identified environmental issue areas. Mitigation measures will be recommended where appropriate to reduce the level of significance of identified cumulative impacts. 2.6 ALTERNATIVES TO THE PROPOSED ACTION RBF will assess a reasonable range of alternatives to the project in accordance with CEQA Guidelines Section 15126.6. In addition to the "No Project Alternative," RBF will evaluate two other alternatives. These alternatives will be defined in consultation with City staff with the intent of avoiding/reducing the potentially significant impacts of the proposed project. In analyzing the potential impacts of the project alternatives, RBF will provide sufficient level of detail to allow decision -makers to gain a greater understanding of the alternatives should a determination be rendered to support an alternative development scenario. 12 Project Understanding fWF Scope of Work CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center 2.7 ADDITIONAL SECTIONS RBF will provide additional sections in the EIR to meet CEQA Guidelines and City requirements including the following: Significant Environmental Effects of the Proposed Project; Significant Environmental Effects Which Cannot be Avoided if the Proposed Project is Implemented; Significant Irreversible Environmental Changes Which Would be Caused by the Proposed Project Should it be Implemented; list of EIR preparers; resources used in the analysis; and organizations and persons consulted. 2.8 EIR GRAPHIC EXHIBITS The EIR will include graphic exhibits to enhance the written text and clarify the proposed project's environmental impacts. Using state-of-the-art computer design equipment and techniques, our in-house graphic design team will create professional quality, black and white or full color exhibits. All exhibits will be 8'/z" x 11" or 11" x 17" in size. 3.0 DRAFT EIR 3.1 SCREEN CHECK DRAFT EIR RBF will respond to one complete set of written City comments on the Administrative Draft EIR. RBF will prepare a "Screen Check" Draft EIR with all the changes highlighted to assist with the final check of the document. Seven copies of the Administrative Draft EIR and two copies of the "Screen Check" Draft EIR will be provided to the City. 3.2 COMPLETION OF THE DRAFT EIR RBF will respond to comments on the "Screen Check" Draft EIR (anticipated to only require editorial or other "non -substantive" changes) and will produce the Draft EIR for the required 45 -day public review period. If requested by the City, RBF will also prepare a Notice of Completion (NOC) for submittal to the State Clearinghouse and distribution to the public. RBF will provide 30 hard copies of the Draft EIR to the City, along with a camera-ready original for reproduction and 50 CD copies. 4.0 FINAL EIR 4.1 RESPONSE TO COMMENTS/ADMINISTRATIVE FINAL EIR City staff will provide RBF with one complete set of comments on the Draft EIR. Upon review of the comments, RBF will meet with staff to discuss them and agree upon strategies to respond to key comments. Following the meeting with the City, RBF will respond to all comments received on the Draft EIR during the 45 -day public review period, and any additional comments raised during public hearings. RBF will prepare thorough, reasoned and sensitive responses to relevant environmental issues. RBF assumes that no new analysis will be required to respond to public comments. RBF will prepare 13 Project Understanding Scope of Work CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center an errata, if required, to summarize changes necessary to the Draft EIR derived from written responses to comments. To facilitate City use of the errata, RBF will indicate Draft EIR changes with bold and underline text (bold, underline) for text additions and strike out + (sf'�, ike—out) for any deleted text. This task includes written responses to both written and verbal comments received on the Draft EIR (including review of hearing transcripts, as required). A draft Response to Comments document will be prepared for review by City staff (one review cycle is anticipated). RBF has allocated 100 hours of professional and technical staff time for the completion of this task. Seven copies of the Administrative Final EIR will be provided to the City. 4.2 FINAL. EIR The Final EIR will consist of a list of people and public agencies commenting on the Draft EIR, the comment letters received, an errata (if needed) to summarize changes to the Draft EIR, and written Responses to Comments. If requested by the City, RBF will also prepare a Notice of Determination (NOD) after project approval/denial and deliver it to the County Clerk. RBF will provide the City with 30 hard copies of the Final EIR, along with a camera-ready original for reproduction and 50 CD copies. All mapping, exhibits, summary tables, and draft documents will become the property of the City upon completion of the Final EIR. RBF will provide the document(s) on a computer disc compatible with the City's word processing program. 4.3 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) To comply with Public Resources Code Section 21081.6, RBF will prepare a mitigation monitoring and reporting program (MMRP) for adoption by the City at the time of project approval. The body of the MMRP will be in a table format. RBF will work with City staff to identify the mitigation monitoring steps/procedures to ensure that mitigation measures are implemented as intended. The MMRP will describe the authority for the MMRP, the mitigation measures to be implemented, as amended in the errata for the Final EIR, the timing for implementation of the measures and the agency or department responsible for their implementation. The MMRP will also include a column to verify (via documentation or field checks, for example) implementation of the measure, date of verification, and pertinent remarks. 5.0 PROJECT 5.1 PROJECT COORDINATION COORDINATION AND MEETINGS RBF will establish a communication link with City staff in order to maintain an orderly flow of communication and coordination. Ms. Kristie Wheeler will be the day-to-day contact with the City. 14 Project Understanding PF Scope of Work CONSULTING City of Proposal to Prepare EIR San Rafael San Rafael Target Store at Shoreline Center Regular correspondence between RBF and the City will help the Planning Division track the progress of the EIR. Project coordination will include telephone communications, in-person meetings, and e-mail correspondence between the City and the RBF team. 5.2 MEETINGS RBF will attend coordination meetings with City staff and public hearings with the Planning Commission and City Council. A maximum of ten meetings are included in this scope of work as follows: ■ Meetings with City staff— four two-hour meetings ■ Planning Commission meetings — four five-hour meetings ■ City Council meetings —two five-hour meeting If requested, additional meetings may be attended on a time and materials basis at the direction and/or with the approval of City staff. 6.0 DELIVERABLES RBF will provide the City with the following number of copies of the deliverables: ■ Draft Project Description: one camera-ready original for reproduction and an electronic copy ■ Notice of Preparation and Initial Study: one camera-ready original for reproduction and an electronic copy ■ Administrative Draft EIR: seven copies ■ "Screen Check" Draft EIR: two copies ■ Draft EIR: 30 copies, one camera-ready original for reproduction and 50 CD copies ■ Notice of Completion: one camera-ready original for reproduction and an electronic copy ■ Administrative Final EIR/Response to Comments: seven copies ■ Final EIR/Response to Comments: 30 copies, one camera-ready original for reproduction and 50 CD copies ■ Mitigation Monitoring and Reporting Program: 20 copies, one camera-ready original for reproduction and an electronic copy ■ Notice of Determination: one camera-ready original for reproduction and an electronic copy 15 Project Understanding Scope of Work tl Y Y CONSULTING San Rafael Target Store EIR Fee Estimate TASKS 1.0 Protect Initiation 11.1 Research and Investigation 11.2 Agency Consultation 11.3 Field Reconnaissance 11.4 Project Description 11.5 Scoping I Subtotal Project Initiation 2.0 Prerration of Administrative Draft EIR 12.1 Executive Summary 12.2 Introduction 12.3 Impact Analysis (QA/QC) 1 2.3.1 Land Use and Planning 1 2.3.2 Aesthetics 1 2.3.3 Air Quality 1 2.3.4 Biologic Resources I 2.3.5 Geology and Soils 1 2.3.6 Hazards and Hazardous Materials I 2.3.7 Hydrology and Water Quality n 2.3.8 Noise 2.3.9 Public Services, Utilities 8 Service Systems 1 2.3. 10 Transportation/Traffic 1 2.3.11 Other Issues 1 2.3.12 Effects Found Not to be Significant 12.4 Growth Inducement 12.5 Cumulative Impacts 12.6 Alternatives to the Proposed Action 12.7 Additional Sections 12.8 EIR Graphic Exhibits !Subtotal Administrative Draft EIR 3.0 Draft EIR 13.1 Screencheck Draft EIR 13.2 Completion of the Draft EIR Subtotal Draft EIR 4.0 Final EIR 14.1 Response to Comments / Admin. Final EIR 14.2 Final EIR 14.3 Mitigation Monitoring and Reporting Program I Subtotal Final EIR 5.0 Proect Coordfcatio�) and Meetinus 1 .1 Project Coordination 5.2 Meetings Subtotal Project Coordination and Meetings I Project Project Project Environ. Environ. Environ. Director Manager Engineer Specialist Planner Analyst $215 $176 $129 $125 $106 1 $89 i i I REIF CONStJ LTING TOTAL ESTIMATED Grq whicsi HOURS COST $a9 I I I Deliverables and Direct Costs 1 (Admin. Draft EIR (7 copies) 1 1 Draft EIR (30 hard copies and 50 CDs) I ]Response to Comments/Admin. FEIR (7 copies) I IFinal EIR/ResRonse to Comments (30 hard copies and 50 CDs) IMitiaation Mcnitorinq Program (20 copies) I ]Mileage, Phone, Postage, Graphics, Photo Copies, misc. I Deliverables and Direct Costs Subtotal I LiUL 1 $2,3901 $1,2501 $1,6401 $3,772 1 $8821 $9,9341 $2,8961 $1,0641 $5,160 $4,096 $15,372 $8,552 $2,816 $4,096 $5,704 $7,192 $7,944 $2,840 $2,8161 $5321 $1,1761 $2,0481 $3,4121 $6,9201 $5321 $2,136 $87,304 $9,086 $4,758 $13,844 $13,244 $8,108 $3,248 $24.600 $14,940 $8,408. $23,348 $7001 $7,5001 $7001 $5.000 1 $2001 IKorve Engineering I I I 1 1 I 1 $65,000[, IWRA I I I I I I 1 $35,1601 110% contract ad i istratl'on fee I I I I I I I 1 $10,0161 ISubconsultantSubtotal I I I I I I I 1 $110.1761 05/17/2007 2 2 8 4 4 20 2 2 2 2 2 10 2 2 2 4 4 14 4 16 4 8 32 4 f 2 6 1 0 14 6 1 28 I 10 I 1 16 8 ; 82 I I I 2 I I za I I I I 26 I I I 2 I I 8 I I 10 I I 24 1 I I I I 24 I I 1 4 I I I 32 1 I 36 I 1 1 4 1 24 1 100 1 1 12 i 140 1 I 1 4 1 I 40 1 1 32 I 1 76 I 1 16 I 1 1 z I 16 I 4 32 1 1 36 1 I i 4 40 1 I I I 44 1 1 4 24 1 32 1 1 60 1 I I 4 1 24 1 40 I I 1 I 4 I 1 1 I 24 I I 28 ! I 16 I I I 16 } I t 1 I I 4 I I 5 I I I 1 I I a I 1 I 9 I 1 2 1 1 16 1 1 I 18 I 2 I 4 1 1 24 1 1 I 30 I 16 I 1 1 32 1 8 1 56 I I 1 I I I I 4 I I 5 I I I I 1I 24 I 24 I I 24 1 91 1 28 136 332 72 I 44 659 1 I 2 24 1 4 1 16 1 8 8 1 4 66 1 I 2 12 1 2 1 8 1 4 4 1 2 1 34 1 I 4 I 36 1 6 1 24 1 12 12 6 I 100 I 4 I 1 24 8 I 36 I 8 16 4 1 100 1 4 I 16 I 4 1 16 a 6 I 4 I 60 4 f I 24 I 28 ! 8 I 44 I I 12 I 52 I I 40 I I 24 I 8 I 186 1 I 4 I 80 I I I I I 1 I 84 I I 8 I 38 I I I I I I 46 I I 12 1 118 I I 1 1 130 1 48 j 303 ] 52 I 240 l 394 I 124 I 66 1 1159 1 Deliverables and Direct Costs 1 (Admin. Draft EIR (7 copies) 1 1 Draft EIR (30 hard copies and 50 CDs) I ]Response to Comments/Admin. FEIR (7 copies) I IFinal EIR/ResRonse to Comments (30 hard copies and 50 CDs) IMitiaation Mcnitorinq Program (20 copies) I ]Mileage, Phone, Postage, Graphics, Photo Copies, misc. I Deliverables and Direct Costs Subtotal I LiUL 1 $2,3901 $1,2501 $1,6401 $3,772 1 $8821 $9,9341 $2,8961 $1,0641 $5,160 $4,096 $15,372 $8,552 $2,816 $4,096 $5,704 $7,192 $7,944 $2,840 $2,8161 $5321 $1,1761 $2,0481 $3,4121 $6,9201 $5321 $2,136 $87,304 $9,086 $4,758 $13,844 $13,244 $8,108 $3,248 $24.600 $14,940 $8,408. $23,348 $7001 $7,5001 $7001 $5.000 1 $2001 IKorve Engineering I I I 1 1 I 1 $65,000[, IWRA I I I I I I 1 $35,1601 110% contract ad i istratl'on fee I I I I I I I 1 $10,0161 ISubconsultantSubtotal I I I I I I I 1 $110.1761 05/17/2007