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HomeMy WebLinkAboutCC Resolution 8871 (Northview Townhouse Project)RESOLUTION NO. 8 8 71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A CONTRACT AMENDMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE NORTHVIEW TOWNHOUSE PROJECT 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 Northview Townhouse project; and WHEREAS, the City and the consultant, ESA Inc, entered into an agreement on September 16, 1991 and amended on December 7, 1992 for the preparation of an Environmental Impact Report (EIR) for the proposed project; and WHEREAS, the consultant has prepared a administrative draft Environmental Impact Report which has been reviewed by City staff; and WHEREAS, additional costs were incurred because of (1) the analysis of a new alternative requiring revision of the ADEIR, (2) extra management effort caused by four months delay, and (3) a labor rate increase for the new fiscal year; 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 $12,540.00 to cover the additional costs associated with the additional information needed to revise the administrative draft; 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 Environmental Science Associates, Inc. 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 ESA Inc. for said project. 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 Monday, the 5th day of April, 1993 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner M. LF.ONC �,.CityClerk ORIGINA1 ,�Pk/V ATTACHMENT "A" PROFESSIONAL SERVICES AGREEMENT AMENDMENT This Amendment to the contract Agreement is made and entered into on the Fifth day of April, 1993, between the City of San Rafael, a Municipal Corporation (hereinafter referred to as "CITY") and Environmental Science Associates, Inc. (ESA) (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 the Northview Townhouse project on September 16, 1991 and amended on December 7,1992; and (ii) WHEREAS additional costs were incurred because of the analysis of a new alternative requiring revision of the ADEIR alternative chapters, extra costs incurred becuause of delay to resolve mitigation requirements with USFWS, and additional costs due to labor rate increase; and (iii) WHEREAS, Section B.15 of the Contract allows an amendment to incorporate such changes; and (iv) WHEREAS, CONSULTANT has prepared a Summary Report of Pending Contract Modifications (Exhibit "B"), 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: CONSULTANT shall forthwith undertake and perform such services as necessary to complete the analysis of the new alternative and revision of the ADEIR alternative chapters of the Northview Townhouse EIR in accordance with the provisions of the Consultant's Summary Report (Exhibit "B") and in accordance with Federal, State and City statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. 2. CITY AGREES AS FOLLOWS: 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 the full payment of $12,540.00 payable within fifteen (15) days upon acceptance by the City of the work outlined in Exhibit B. 3. ADDITIONAL COST AGREEMENT: This Additional Cost Agreement supplements the Original Agreement entered into on the 16th day of September, 1991, and revised on December 7, 1992, 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 ATTEST: ',-City City Y Manager APPROVED AS TO FORM City Attorney �I NORTHVIEW TOWNHOUSE SUBDIVISION EIR CONTRACT AMENDMENT REO ZEST NO. 2 F r' i rrt; NCR Exhibit "B" MP, 5 2993 ESA's scope and budget for preparation of the Administrative Draft EIR (ADEIR) is modified as described below in order to 1) provide for the analyses and incorporation of a new project alternative into the ADEIR and 2) address substantial delay in the EIR performance schedule. A. ADEIR REVISION Analvsis of New Alternative /Revision of ADEIR Alternatives Chaoter • Coordinate with the City, Developer and Agencies to develop alternative strategies. • Assess impacts associated with the new alternative (75 -foot setback) for all environmental issue areas in comparison with impacts identified for the project. Identify where alternative would avoid or reduce the significant impacts associated with the project and/or would create additional significant impacts as compared to project development. • Incorporate into ADEIR Chapter 5.0, Alternatives, the written impact analysis of the new alternative and new figures. • Revise remaining ADEIR Alternatives Chapter text. This will include consolidation, revision or removal of Alternatives B-2 and B-3 due to the U.S. Fish and Wildlife Service's endorsement of the 75 -foot wetland setback incorporated in the design of the newly proposed altemative. It will also include revision of the summary matrix presented within the chapter comparing all altematives considered. 2. Revision and Consistencv Edit for all remainine ADEIR Chanters Revise EIR text for consistency with new 75 -foot setback requirement. Revise the ADEIR Summary Chapter to reflect the findings of impact analyses for the new alternative and the revised alternatives chapter. Effort Staff Category Personnel/Specialty Rate Hours Project Manager M. Glasser $55/hr 56 Officer -in -Charge N. Dennis $140/hr 8 Associate -in -Charge L. Moulton $94/hr 8 Technical Staff: Senior Associate Bio, Traffic, Visual $75-$100/hr 16 Associate general $50/hr 16 Principal N. Dennis $140/hr 8 Graphics $50/hr 16 Word Processing $55/hr 12 Cost $9,500.00 ESA The total additional fixed fee cost of $9,500 includes the labor effort up to the levels shown above as well as direct costs associated with new graphics and report revision. Approximate labor rates shown; actual salary rates for each individual staff member vary; labor costs are assessed in accordance with ESA's Exhibits A and B, which have previously been provided to the City. B. SCHEDULE DELAY Extra Management Effort (four months delav) In our previous contract amendment, ESA was compensated for a three month delay (between late July to late October) in the EIR schedule imposed by the City/project sponsor in order to develop traffic and alternatives information. Since late October, the project sponsor's efforts to resolve mitigation requirements with USFWS and revise the proposed project alternatives have resulted in an additional four month delay in completing the Draft EIR. This delay has added to ESA's project management and administration effort and cost to track project developments with the City and maintain ESA's responsiveness. Effort AIC 3 hours Project Manager 8 hours Cost $750.00 2. Labor Rate Increase, Work on the Northview Townhouse Subdivision EIR was originally to be completed within seven (7) months of contract approval. The contract was approved in September 1991, requiring completion of work by April 1992, within ESA's Fiscal Year 1991/1992. With the schedule delays initiated by the project sponsor, the Administrative Draft EIR, Draft EIR and Final EIR will now be completed over a year later, within ESA's Fiscal Year 1992/1993. ESA labor rates for effort in this current fiscal year have been increased by approximately 10%. Therefore, a 10% labor cost increase on the effort undertaken in this new fiscal year, as shown below, is added to the total cost of EIR preparation: Effort ADEIR, from October 1, 1992 ($9,300.00 x 10%) $930.00 DEIR ($6,550.00 x 10%) $655.00 FEIR ($7,050.00 x 10%) $705.00 Cost TOTAL CONTRACT MODIFICATION COST 2 ESA $2,290.00 $12,540.00 FILE NO. 289-8 REPORT TO MAYOR AND CITY COUNCIL / PAGE 4 EXHIBIT "C" SCHEDULE The ESA project team can begin work on the Northview EIR changes and new alternative analysis immediately upon contract approval. After contract approval, the Administrative Draft EIR will be prepared in a 2 -week period. The proposed schedule for completing the tasks identified in the ESA Services Agreement, Section 2, Scope of services, is presented below. Target Target Commencement Completion (No. of weeks after (No. of weeks after Event Contract ADDroval), Contract ADDroval) ESA Prepares new alternative analysis for Admin. Draft EIR -- 2 City Reviews Admin. Draft EIR 2 4 ESA Prepares Draft EIR 4 7 45 Day Public Review 7 13 ESA Prepares Admin. Final EIR 13 16 City Reviews Admin. Final EIR 16 18 ESA Prepares Final EIR 18 20