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HomeMy WebLinkAboutCC Resolution 9026 (EIR Shoreline Business Park)RESOLUTION NO. 9026 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A CONTRACT AMENDMENT WITH CH2M HILL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE SHORELINE BUSINESS PARK (HOME DEPOT) PROJECT (Fifth Amendment $10,739.50) The City Council of the City of San Rafael finds and determines that: WHEREAS, the California Environmental Quality Act requires environmental review of the proposed Shoreline Business Park; and, WHEREAS, the City and the consultant, CH2M Hill, entered into an agreement on September 3, 1991 for the preparation of an Environmental Impact Report for the proposed project; and, WHEREAS, the consultant has prepared a draft Environmental Impact Report which was made available for public comments on November 24, 1992; and, WHEREAS, written comments on the Draft EIR were received during the 45 -day review period from State Agencies and interested persons; and, WHEREAS, the Planning Commission held two duly noticed public hearings on the draft FEIR on May 11 and 25, 1993 and additional written and oral comments were received from local environment groups and interested persons, and the City Council held two duly noticed public hearings on July 28, and August 19, 1993, and the rationale for findings contained in the resolution for the statement of overriding considerations was prepared; and, WHEREAS, the consultant requires additional hours than were allocated in the original contract to respond to all comments, attend additional public hearings and prepare the rationale for findings; and, WHEREAS, Section 15 of the contract allows an amendment to incorporate such changes; and, WHEREAS, the consultant has prepared a summary of cost breakdowns in the amount of $10',739.50 to cover the additional costs associated with the revised Scope of Work; and, WHEREAS, the proposal has been reviewed and recommended for approval by City Staff. NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council accepts the proposal from CH2M Hill for the preparation of the revised scope of work. BE IT FURTHER RESOLVED that the City Manager is authorized to execute, on behalf of the City of San Rafael, a Professional Services Agreement Amendment, marked as Attachment "A", with CH2M HILL for said project. ORIGINAL q� re 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 regular meeting of the City Council of the City of San Rafael on the Monday, the 4th day of October, 1993 by the following vote, to wit: AYES: COUNCILMEMBERS : Shippey, Thayer and Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : Brei ner and Cohen JEINE M. LEO INI, City Clerk INS PROFESSIONAL SERVICES AGREEMENT AMENDMENT This agreement is made and entered into this 4th day of OCT. , 1993, between the City of San Rafael, a Municipal Corporation (hereinafter referred to as "CITY") and CH2M Hill, California, Inc. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) WHEREAS CITY AND CONSULTANT entered into an AGREEMENT for the preparation of an Environmental Impact Report (EIR) for Shoreline Business Park (Home Depot) on September 3, 1991; and, (ii) WHEREAS, CITY and CONSULTANT entered into a contract AMENDMENT to revise the scope of work on June 15,1992; and, (iii) WHEREAS, CITY and CONSULTANT entered into a second contract AMENDMENT to revise the traffic section of the administrative draft EIR on August 17,1992; and, (iv) WHEREAS, CITY and CONSULTANT entered into a third contract AMENDMENT to prepare analysis and mitigation for the revised traffic section of the administrative draft EIR on September 21, 1992; and, (v) WHEREAS, CITY and CONSULTANT entered into a fourth contract AMENDMENT to prepare responses to comments received from the public and state and local agencies on the Draft EIR on March 15,1993; and, (vi) WHEREAS, work performed between March 22 and September 7, 1993 included additional hours than were allocated in the original contract and previous amendments to prepare responces to comments received from the public and state and local agencies on the draft FE1R, prepare the rationale for findings contained in the resolution for the project, and attendance at two additional public hearings; and, (vii) WHEREAS, Section 15 of the Contract allows an amendment to incorporate such changes; and, (viii) WHEREAS, CONSULTANT has prepared a revised Scope of Work for the additional hours required (Exhibit "A") attached hereto and by reference made a part hereof. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. AGREEMENT 1. CONSULTANT AGREES AS FOLLOWS: (a) CONSULTANT shall forthwith undertake and perform such services as necessary to complete the analysis and mitigation for the Shoreline Business Park EIR prepared in accordance with the provisions of the Consultant's Scope of Work (Exhibit "A") and in accordance with Federal, State and City statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. COPY 2. CITY AGREES AS FOLLOWS: (a) IN consideration of CONSULTANT's Agreement to perform well and sufficiently and in a skillful and professional manner the additional services contemplated herein, CITY agrees to pay and CONSULTANT agrees to accept as full payment for the preparation of the Draft Final EIR, a total Sum of $ 10,739.50 payable within fifteen (15) days upon acceptance by the City of the work outlined in Exhibit "A". 3. ADDITIONAL COST AGREEMENT: This Additional Cost Agreement supplements the Original Agreement entered into on the 3rd day of September, 1991 and the contract amendments entered into on the 15th day of June, the 17th day of August, the 21st day of September, 1992 ani the 15th day of March, 1993 and these agreements supersede any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing, and signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT i Vice President and Regional Manager CHUM HILL, California, Inc. ATI EST: Clerk City Mangger APPROVED AS TO FORM 14( g City Attorney ®- Engineers Planners Economists - Scientists l September 14, 1993 SF032727. AF. ZZ City of San Rafael Planning Department 1400 Fifth Avenue San Rafael, CA 94901 Attn: Ms. Louise Patterson Subject: Shoreline Center EIR Final Budget Amendments Dear Louise: EXA I$ rr "A to As requested, I've prepared a table that summarizes CH21A HILL's proposed budget amendments for work performed between March 22 and September 7, 1993 (see attached table titled Shoreline Center EIR Budget Amendments). This table includes costs for previous budget amendments dated June 9, July 26, and August 9 and 10, 1993. The total cost for these additional services is $10,739.50. Since preparing the August 1993 budget amendment, there have been a few minor changes in final costs for responding to public comments and attending the August 29, 1993 public hearing. Pursuant to the August 9 and August 10, 1993 letter proposals addressed to Mr. Bob Pendoley, our original estimate for responding to public comments raised at the July 28, 1993 public hearing was $677.50. However, we inadvertently used a higher billing rate than the actual rate for Mr. John Castleberry, our air quality analyst. In addition, as of July 25, 1993, CH2M HILL raised the communications assessment charged to all projects, both client and overhead, from $1.25 to $1.50 per professional staff hour. This communication charge is our method of allocating telephone and facsimile (fax) costs. Recently, CH2M HILL has experienced a general increase in the use of these telecommunications tools. Accordingly, CH2M HILL raised the communications assessment to cover the costs of providing our services. This change has resulted in a $2.00 increase in expenses compared to the original estimated cost for responding to comments raised at the July 28, 1993 public hearing. However, when offset by the decrease in Mr. Castleberry's billing rate, the total revised cost for this task has been reduced to $671.25. CH2M HILL 1111 Broadway, Suite 1200, Oakland, CA 94607-4046 510 251-2426 P.O. Box 12681, Oakland, CA 94604-2681 Fax No. 510 893-8205 Page 2 September 14, 1993 Ms. Louise Patterson In addition, I've revised the cost associated with attendance at the August 19, 1993 public hearing to reflect my billing rate. The cost for this task has been reduced from the previous estimates of $615.00 and $967.50 for public hearing attendance by Jill Shapiro and Chuck Kemper, respectively, to $221.25. The cost for attendance at both the August 19 and September 7, 1993 public hearings includes 1 hour of my travel time for each meeting. Please review the attached table and let me know if you want to discuss any of the tasks or if you need additional documentation. Talk to you soon! Sincerely, CH2M HILL c -2ezz t� Terry a ich Assistant Project Manager Shoreline Center EIR Budget Amendments 'TASK 917193 Public Hearing Labor Subtotal Labor Expenses Subtotal Expenses Cost: Responses to 8119/93 Public Comments Labor Subtotal Labor Expenses Subtotal Expenses Cost: 8119193 Public Hearing Labor Subtotal Labor Expenses Subtotal Expenses Cost: Respond to 7128193 Public Comments Labor Subtotal Labor Expenses Subtotal Expenses Cost: 7126/93 Budget Amendment 619/93 Budget Amendment TOTAL COST: PERSONNEL HOURLY RATE (HOURS/MILES COST I T. Babich $67.25 I 2 $134.50 $134.50 I Communication $1.50/prof. hour 2 $3.00 Milleage $0.50/mile 30 $15.00 T. Babich $67.25 Communication $1.50/PProf. hour Computer $9. Tour T. Babich $67.25 Communication $1.501prof. hour Milleage $0.50/mile T. Babich $67.25 J. Castleberry $67.25 J. Shapiro $152.50 Communication $1.50/prof. hour Computer $9.001hour I I I I I Page 1 $18.00 $152.60 2 $134.50 $134.50 2 $3.00 1 $9.00 $12.00 $146.60 3 $201.75 $201.75 3 $4.50 30 $15.00 $19.50 $221.25 6 $403.50 1 $67.25 1 $152.50 $623.25 81 $12.00 41 $36.00 1 $48.00 $671.25 1 $1,318.00 I $8,230.00 I $10,739.60 ®� Engineers Planners ♦' (� Economists Scientists July 26, 1993 SF0340.30.PU Ms. Sheila Delimont City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915 Subject: Shoreline Center EIR Additional Scope of Services Dear Sheila: Pursuant to our telephone conversation on July 23, 1993 and my discrossion with Mr. Jeffrey Johnson of earlier today, I have prepared a brief work plan rind budget outlining the scope of additional services requested of CH2M HILL for the Shoreline Center Environmental Impact Report (EIR) project. In discussing this scope of work with Jill Shapiro, we suggest that the City send a letter authorizing CH214 HILL to proceed with the proposed services with the understanding that given the project's fast-track schedule, this scope will be formally approved before the City Council as an amendment to our Agreement with the City at a later date. This new work could be added onto CH2M HILL's outstanding scope of services dated June 9, 1993 for additional work performed as part of the Draft Final EIR. It is my understanding that although the client has provided verbal confirmation of payment, these additional services have not been formally approved by resolution by the City Council. Scope of Work CH2M HILL will provide assistance in formulating the rationale for findings as part of the Statement of Findings, Facts in Support of Findings, and Statement of Overriding Considerations Regarding the Zone Change and Master Plan, Tentative Subdivision Map, and Master Use Permit for the Shoreline Center Businesspark and the Environmental and Design Review Permit and Development Agreement for Home Depot. This scope includes one meeting with Jeffrey Johnson and Diane Henderson, assumed to take place in San Francisco, to address issues relevant w this document. CH21V HILL 1111 Broadaidy, Suite 1= GCkfond, CA 94W7-4046 610251-2424 P.O. BOX 72681, Oakland, CA 946Qa-2b91 Fax No. 510 893-820.5 Ms. Sheila Delimont Page 2 July 26, 1.993 Budget LABOR Personnel Hourly Rate Hours Cost T. Babich $67.25 14 $941.502 $305.00 J. Shapiro $152.50 $1,246.50 Subtotal Labor: EXPENSES Communication $1.251 14 $17.50 professional hour Computer $9.00/hour 6 $54.00 .$3.50 Travel Subtotal Expenses: $75.00 TOTAL COST: $1,321.50 Upon receipt of written approval from the City, CH2M HILL will commence with the proposed scope of work. This work will be completed no later than Monday, August 2, 1993. Please give me a call at (510) 251-2426 extension 2133 if you have questions regarding this proposal or wish to discuss the upcoming City Council meeting. Sincerely, CH2M HILL Terr� Babich Environmental Planner cc: Jill Shapiro/SFO Jeffrey Johnson/Ellman, Burke, Hoffman & Johnson ®- Engineers Planners ~'Economists Scientists June 9, 1993 _GJ3 City of San Rafael Planning Department 1400 Fifth Avenue San Rafael, CA 94901 Attn: Mr. Robert Pendoley Subject: Shoreline Center Draft Final EIR Budget Amendment Dear Bob: Now that our work on the Shoreline Center EIR project is nearly complete, I'd like to resolve the issue of the final budget amendment. As discussed during the April 30, 1993 conference call with Jill Shapiro and City staff, we compromised on the final cost for preparing the water quality and water level trend analysis and consultation on water quality issues. Based on the results of this discussion, I've prepared a final revised cost proposal for the water quality/water level trend analysis (Attachment A). The proposed costs for other tasks outside our original scope of work remains unchanged (Attachment B). This revised cost proposal supersedes the April 5, April 7, and April 21, 1993 budget amendments submitted to City staff. This revised amendment covers the following four scope items: 1. Water quality and water level trend analysis, consultation, and response to General Comment No. 2 conducted between April 2 and April 16, 1993. Subtotal Cost: $1,895.00 2. Consultation and response to drainage, groundwater, and traffic issues discussed between March 22 and March 31, 1993. Subtotal Cost: $4,900.00 3. Preparation and final revisions to a Second Administrative Draft Final EIR and Response to Comment Addendum conducted between April 13 and April 16, 1993. Subtotal Cost: $705.00 CH2M HILL 1 1 1 1 Broadway, Suite 1200, Oakland, CA 94607-4046 510 251-2426 P.O Box 12681 Oakland CA 94604 2681 Fax No, 510 893-8205 Mr. Robert Pendoley June 9, 1993 Page 2 4. Revised costs for reproducing 50 copies of the Response to Comments Addendum based on actual page length. Subtotal Cost: $730.00 TOTAL COST: $8,230.00 Please give me a call if you need further documentation to support this budget amendment request. Jill and I have enjoyed working with you and City staff on this project and look forward to future opportunities to work with the City. Good luck at the merit hearing and give me a call if you have any questions. Sincerely, CH2M HILL Terryabich Assistant Project Manager Attachment A: Water Quality and Water Level Trend Analysis De Morest Lytle Williams Babich Shapiro WP $75.50 $67.25 $85.25 $67.25 $152.50 $44.00 TASK 1. Collect Data 1.5 2.1 Hydrographs 2 2 2.2 T/C Plots 2 2 3. Conclusions/ Consultation 6 4 2 TOTAL HOURS 1.5 4 10 4 2 TOTAL COST $113.25 $269.00 $852.50 $269.00 $305.00 June 4, 1993 Page 1 $113.25 $305.00 $305.00 $0.00 2 $1,173.50 2 $88.00 $1,896.75 LD O CD -{-� -a W NNNNN-{ 00 XN 0x C/) )>CDi rr o o a=0 m m a i 7 N 0 D c o 0 O 0 n-: :U 3 m in ;a NC --1 < o y ` -< p CCD toCD ao(D0)- X n n m �O o� c CD O -13 6] O N m C CO Cn n CD OD (a Cn 0 Cu O C1 x O O C: O O En 7 O C O i <A O i 7 N Ln N in CO V y O X CD CO Cn b9 OD OD O OD O O O tU to N CA=TW L N �. O O O C0 EA ? � v � N Ln �. co N O W Ln C7 N N C) W m 69 fAQ m co 00 W co A J to CD w CD U) Ln O O OD N OD -P6 G Efl ? V O Y A Q cn Ln � W 0 / fA Efl :'`A `/� � 61 co co W O 07 W Co Ln Cn X 4 -! (n K3 -L A W OD N N -■ -P, O O OD CO nM o x 'D a M W 00 N w°D '-'m O 41A En r ' ts� 4A to --4 D G) -t V O W OD Cn 0 r W W O" .AA W OD N 4 O W -P6 0 0 OD 0 i