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HomeMy WebLinkAboutCC Resolution 10747 (General Plan EIR Services)RESOLUTION 10747 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ACCEPTING THE PROPOSAL FOR SERVICES AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH NICHOLS BERMAN ENVIRONMENTAL PLANNERS FOR TECHNICAL REVIEW SERVICES FOR TI IE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE UPDATE OF THE GENERAL PLAN. WHEREAS, in September, 2000, staff distributed a Request for Qualifications (RFQ) to seven consultants to provide services to staff for the preparation of the Environmental Impact Report (EIR) for San Rafael General Plan 2020; and, WHEREAS, in November, 2000, Nichols Berman Environmental Planners, a firm that has provided outstanding environmental planning services to the City in the past, submitted a "Scope of Work"; and WHEREAS, in November, 2000, the City of San Rafael's Community Development Department staff reviewed the "Scope of Work" and determined that Nichols Berman Environmental Planners would provide appropriate and adequate technical review services for the update of the City's General Plan; and WHEREAS, in November 2000, the City of San Rafael's Community Development Department offered to contract with Nichols Berman Environmental Planners for technical review services. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the City Manager to sign an Agreement for Professional Services with Nichols Berman Environmental Planners, a copy of which is attached, to assist staff with the preparation of the General Plan EIR. L JEANNE M. LEONCINI, Clerk of the City of San Rafael, California,. hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a meeting of the Council of said City held on the 4"' day of December, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCNL City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this 4th day of December, 2000, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Nichols Berman Environmental Planners (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined contracting services are required to assist staff with the preparation of the EIR for the General Plan update. WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Community Development Director 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. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Bob Berman 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. CONTRACTOR shall perform the duties and/or provide services as follows; the CONTRACTOR agrees to provide professional services to assist staff with the preparation of the General Plan EIR, as outlined in the Proposal from CONTRACTOR marked Exhibit "A", attached hereto, and incorporated herein by this reference. The CONTRACTOR agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". 1 COPY 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4 and perform the duties described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time in accordance with the following rates: Project Director -- $90/hour; Environmental Planner -- $60/hour; and Graphics/Word Processing -- $40/hour, and materials basis for services rendered. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence on December 4, 2000 and end on December 31, 2002. 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 of 90 days. 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. 0 8. 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. 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: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars 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 ($1,000,000) dollars per occurrence; 3. 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 ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: 1. 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; 3. 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 3 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, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 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; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. 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, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, 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. N 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all 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. 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: Mr. Robert M. Brown Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. Bob Berman (Project Director) Nichols Berman Environmental Planners 110 East D Street, Suite E Benicia, Ca. 94510 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. 5 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. 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. me 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 (30933). CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 94-2762854, 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 CONTRACTOR B� Y\: ROD GOULD, City Manager Name: Zoom R Title: R&A-n-f' ATTEST: JAANE M. LEON INI, City Clerk GARY T. RAW ANTI, Ci yAttorney N (Revised 6/99) [Mow 11.4111 ENVIRONMENTAL COORDINATOR NICHOLS • BERMAN'S SCOPE OF WORK PROJECT TASKS AND SCOPE The following outline summarizes tasks for the City of San Rafael's Environmental Coordinator during the planning and environmental review process .tor preparation of the .San Rafael General flan 2020. At various stages, responsibilities will include working with City staff (Planning; Department and City advisory team), consultants, steering committee, task groups, other public agency staff mennbers, and the public -at -large. The Environmental Coordinator will contribute to aap,.Vts of the planning process and oversee preparation of environmental review documents to ensure that the work products provide adequate input for the San Rafael General Plan 1020 and simultaneously satisfy legal requirements and informational expectations of public officials and the public -at -large. The Environmental Coordinator will be on-call to consult about the plan and environmental documentation and to provide overall oversight and quality control for technical and legal aspects of the these products. 9.0 Startup Project 1.1 Review background of planning process completed to date. Collect and review specialized reports, issue identification and visioning materials, etc. 1.2 Help select technical consultants. Idenrify areas of expertise or topics requiring specialized consultant input, help prepare and distribute scopes of work for requests for qualifications or proposals, review responses and assist staff in interviewing candidate consultants. Possible areas of expertise include: • air quality e geology • biological resources ° hydrology cultural resources n traffic economics a noise 2.0 Coordinate Environmental Input for Planning Process 2.1 Help initiate preparation of background reports for the E1R (both now data gathering; and updating of relevant information contained in City of San Rafael General Plan 2000 reports). 2.2 Confirm general or precise limits of geographical "change areas" where special policies may focus on specific parts of the city. 2.3 Discuss the focus and levels of detail appropriate to use in describing and analyzing considerations on a citywide basis and within change areas (or particular change areas). 2.4 Begin defining significance criteria and impact thresholds to use criteria in determining constraints represented by existing conditions, identifying planning considerations to take into account in formulating strategies or policies, determining significance of impact in the E1R, and ultimately in providing direction, if needed, to further refine the plan. Ed WdTO:2-0 0002 90 'naN 9S8SSVZ1-02- : `ON Xtid NGWd3G S10HOIN : WONJ Nichols • Betman's Scope-of•Wotk Page 2 2.5 Preliminarily identify type and outline of EIR and associated requirements (primarily project description components and level of detail). 2.6 Thoroughly review and preliminarily edit technical background reports for completeness, provide follow-up questions, comments, requests for additional analyses, and help identify further data gathering needed for planning purposes and expected to be required for the EiR. 3.0 Initiate Environmental Review 3.1 Review staff's Initial Study and Notice of Preparation (NOP) for distribution and initiation of the public scoping session under CEQA. 3.2 Attend public scoping session, either as part of or in addition to the on-going public participation process underway for the general plan. 3.3 Review NOP responses and public scoping continents, determine: if public input identifies expanded analyses or altogether new concerns not anticipated by the EIR outline or consultants work programs, and suggest revisions / amendments to scopes. 3.4 Work with staff and consultants to identify EIR alternatives (including continuation of the existing City of San Rafael General Plan 2000 land uses, growth rates, and policies) and potential variations (such as for specific change areas) and determine level of detail required to analyze alternatives. 3.5 Help establish EIR format and outline desired presentation (identification, discussion, and determinations of significance in impact sections and approaches to mitigation). 4.0 Review Environmental Analysis for EIR 4.1 Review and discuss technical environmental evaluations of the draft plan (and alternatives). 4.2 Suggest agency and organization follow-up to NOP responses or obtain clarification and additional input. 4.3 Consider effectiveness of draft plan policies to avert impacts or minimize their significance. 4.4 Ensure that direct, indirect, short-, and long-term impacts are considered. 4.5 Review significant unavoidable impacts and potential need for overriding considerations. 4.6 Determine whether additional project- or area -specific mitigation would be required or alternative mitigation should be considered. 5.0 Assist Preparation of Environmental Documents 5.1 Review adequacy of ADEIR in compliance with CEQA and responsiveness to scoping process, assist City in directing follow-up comments to technical consultants if additional input is needed, and review revisions of the ADEIR before production and distribution of the Draft EIR. 5.2 Review Notice of Completion for submittal to the State Clearinghouse with the Draft EIR. 2d WdZO:L@ 000E 90 '("ON 9S8SStrLLOL : 'ON XHd NHW8; 19 S-10HOIN : WOdA Nichols • Barmen's Scope -of --Work Page 3 5.3 Help prepare for and attend public hearing(s) on Draft EIR to assist, if requested, in highlighting EIR's principal findings, answering questions, and responding to comments. 5.4 Review comments submitted on the Draft EM preliminarily determine which require responses (or are on the merits of the Plan), and identify topics which may require additional work beyond study team members' existing scopes to respond. 5.5 Consult preliminarily with relevant team members to datcrmine whether the draft plan will be modified in response to public comments and agree about how to handle c:ommcnts. 5.6 Review and comment on completeness of Administrative Final ErR (AFETR) responses to comments, 5.7 Review draft General Plan implementation programs (for use in mitigation monitoring program) to ensure that for each program it indicates the effectiveness after mitigation, identities who will be responsible for implementation and when it will be required, who will be responsible for monitoring implementation, for what period, when mitigation will be deemed complete. 5.8 Review last responses, revisions, and corrections in the complete final Elft and mitigation monitoring program. 5.9 Assist City staff in preparing for and attend Final EIR hearings. 5.10 Assist City staff to prepare a resolution for City certification of the EIR and adoption of the San Rafael General Plan 2020 EIR and, if needed, prepare a separate list of Findings of Fact and Conditions. bd WdEO : ZO 000E 90 "SON 9SBSSWZ -&- : 'ON Xd3 NdW830 SIOHO I N : WOti3