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
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Engineers
Planners
Economists
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Scientists
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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
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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
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$10,739.60
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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
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