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