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HomeMy WebLinkAboutCC Resolution 8796 (Northview Townhouse EIR)RESOLUTION NO. 8 7 9 6 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 for the preparation of an Environmental Impact Report (EIR) for the proposed project; and WHEREAS, the consultant has prepared a partial administrative draft Environmental Impact Report which has been reviewed by City staff; and WHEREAS, additional information and research was needed to complete the administrative draft; 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 $4,780.50 to cover the additional costs associated with the additional information needed to complete 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 7th day of December, 1992 by the following vote, to wit: AYES: COUNCILMEMBERS : Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None JEA,XNE M. LEONC , City Clerk ORIGINAL ,�\o PROFESSIONAL SERVICES AGREEMENT AMENDMENT This Amendment to the contract Agreement is made and entered into on the 7th day of Dec. , 1992, 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 Northview Townhouse project on September16, 1991; and (ii) WHEREAS additional information needed to complete the Administrative draft required revisions to the Scope of Work; 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 "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: CONSULTANT shall forthwith undertake and perform such services as necessary to complete the Biological Resources, Traffic, Circulation and Parking, Noise and Air Quality sections of the Northview Townhouse EIR in accordance with the provisions of the Consultant's Summary Report (Exhibit "A") 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 $4,780.50 payable within fifteen (15) days upon acceptance by the City of the work outlined in Exhibit A. I ADDITIONAL COST AGREEMENT: This Additional Cost Agreement supplements the Original Agreement entered into on the 16th day of September, 1991, 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 6TT AchmENT 'XPi COPY 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 J, cz--ti; ATTEST: iytClerk Cit Mana Y Y er g APPROVED AS TO FORM City Attorney SUMMARY REPORT - PENDING CONTRACT MODIFICATIONS for the Northview Townhouse Subdivision Administrative Draft EIR Activity Period: October 1991 to October 1992 Attendance of a meeting with City representatives at City offices in San Rafacl on October 291h, 1991. Team Member Effort Cost Senior Technical Associate 4 hours $262.00 Project Manger 4 hour $210.0 Sub -total 8 hours $472.00 Three month delay in traffic data (November 1991 to January 1992) has required staff to regularly contact City representatives to determine when the information would be available. These correspondences are circulated in-house to the project manager and staff preparing the Noise and Air Quality Sections. Extra effort has been spent tracking this information and keeping the project manager and relevant staff current on the status of information availability. Since early January, we have been told that we could have the information "next week". With the intent of responding as quickly as possible when the information docs arrive, a small amount of time has been spent by staff and the project manager over the past three months positioning ourselves to respond quickly to complete the ADEIR. Team Member Effort Cost Project Manager 16 hours $ 840.00 Senior Technical Associate 8 hours $ 523.00 (traffic) Supervisory Associate 2 hours $ 170.00 Technical Associate 2 hou 1 1050 (noise and air quality) Sub -total 28 hours $1,638.00 TOTAL FOR TRAFFIC 36 hours $2,110.00 Northview Townhouse Subdivision EIR - Pending Contract Modifications November 10, 1992 Page -1- F , o, " " R COST OF EXPANDED PUBLIC SERVICES AND UTILITIES SECTION ESA and City staff have negotiated the following increase of hours for out -of -scope effort needed to complete the Public Services and Utilities Section of the Administrative Draft EIR. Team Member Effort Cost Technical Associate 18 hours $945.00 TOTAL FOR PS&U 18 hours $945.00 ESTIMATE OF ADDITIONAL F,FFORT TO COMPLETE THE BIOLOGICAL , RESOURCES SECTION_ OF THE NORTHVIF.W ElR Incorporation of the Botanists' Renort on Snecial Status Plant Species into DEIR Task Team Member Effort Cost • Review report for conclusions on Project Manager - l hour $ 52.00 special status plant species on-site. • Revise text to incorporate specific Project Manager - 4 hours $209.00 background in the Setting Section and Word Processor- 1.5 hours $ 77.00 provide more specific mitigations in Impact Section. • Prepare additional graphic indicating Project Manager - 1 hour $ 52.00 location of special status plant species. Graphic Artist - 2 hours $87.0 Sub -total 9.5 hours $477.00 Revise DEIR Due to Misrenresentation of Proiect Overlav on the Aerial Photoumnh Presented in the DEIR Task Team Member Effort Cost • Determine source of inconsistency. Project Manager - I hour $ 52.00 Graphic Artist - I hour $ 43.50 • Revise project outline on base map and Project Manager - 2 hours $104.00 adjust map overlays illustrating plant Graphic Artist- 4 hours $174.00 communities and open space areas. Northvicw Townhouse Subdivision HIR - Pending Contract Modifications November 10, 1992 Page -2- • Revise calculations (i.e., acreage Project Manager 3.5 hours Sig3,(1(1 estimates) of existing plant communities, areas of habitat removal,and potential mitigation areas to correspond with revised overlays. Revise text in Biological Resource Project Manager - 1.5 hours S78.00 Section to incorporate new Word Processor - 0.5 hom 526.0( calculations/conclusions. Sub -total 13.5 hours 5660.50 TOTAL FOR BIOLOGICAL RESOURCES 23 hours $1,137.50 COST FOR PROJECT DESC'.RIP>TION/ALTERNATIVES DELAY 'three month delay (July 24, 1992 to October 27, 1992) in the resolution of the preferred project and project alternatives for the Northview EIR has required ESA's Project Manager and Super%-i.sury Assucialt to sprnel management effort beyond the scope of the fixed -fee price contract in the tollau'ing amount: Task Team Member Effort Crust • Track project status with City Project Manager - 2 hours ti I (A' 50 of San Rafael; phone correspondence 8/31/92 and 9/16/92 - 1 hour/corres- pondoact • Track project in-house (word processing, graphics dept., production dept., project team) - 2 hours/month for 3 months. • Di�jct:t.swtas�vith Project Manager; review phone correspondence - 0.7 hours/month for 3 months. Project Manager- 6 hours Supervisory Associate 2 hour,; TOTAL FOR PROJECT DFSCRIPTION/ALTERNATIVES DELAY TOTAL AMOUNT OF CONTRACT MODIFICATION Northview Townhouse Subdir' Mndificaiinna No..,n. - Page -3- "13.50 5588.00