The URL can be used to link to this page

Home My WebLink AboutCC Resolution 7403 (General Plan EIR)RESOLUTION NO. 7403 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with EIP Associates, air quality consultants, for the EIR on the General Plan Revision, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a Regular meeting of the City Council of said City held on Monday the 4th day of Auaust 19 86 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli ANNE M. LEONCINI, City Clerk ORIGINAL AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This AGREEMENT is made and entered into this 4th day of August, 1986, by and between the .CITY OF SAN RAFAEL (hereinafter referred to as City) and EIP ASSOCIATES (hereinafter called Consultant). A. Scope of Work: In accordance with this Agreement, the Consultant agrees to provide contract planning services as the Air Quality Consultant for the preparation of the Environmental Impact Report in conjunction with the revision of the City of San Rafael General Plan as outlined in the attached Work Program (see Attachment A). The Consultant agrees to be available to perform the work specified in this Agreement and to provide completed work within 10 days of receipt of traffic projection figures from the City. B. Direction: The Consultant, in performance of the Scope of Work referred to above, will work under the direction of the City's Planning Director or the Director's appointed representative. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume an obligation for or on behalf of the City. C. Payment: For the payments specified herein, which the City agrees to make, the Consultant will undertake the above noted work. Payment of contract planning work shall be as follows: (1) Consultation fees shall be made on a time and materials basis in accordance with the attached fee schedule (Attachment B) not to exceed $2,200. (2) Consultation fees shall be billed on a monthly basis. (3) Payments by the City shall be made within 15 days of receiving each billing invoice. (4) Should Consultant services be required to assist in preparation of responses to comments, for additional work not included in the attached scope, such services shall be compensated on a time and materials basis according to the attached fee schedule. D. Terms. The terms of this Agreement shall be through December 31, 1986. Either party may terminate, with or without cause, by giving the other party thirty (30) days written notice. In the event of Agreement termination, City shall pay Consultant all sums then due and unpaid under this Agreement. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. All completed reports and other documents and materials described in Attachment A shall become the property of the City. E. Arbitration All claims or disputes between the CITY and the CONSULTANT relating to this Agreement shall be decided by arbitration in accordance with the rules of the American Arbitration Association, conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. F. Alterations: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement, and shall be approved by both parties. Amendments to Attachment A may be made by mutual agreement of Consultant and City's Planning Director. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: J E; LACI City Clerk APPROVED AS TO FORM: GARY T. AGGHIANTI,it Attorney APPROVED AS TO CONTENT: O� iN�NEC. ARE Planning irector CITY OF SAN RAFAEL LAWRENCE E. MULR AN, MSyor CONSULTANT ATTACHMENT A Under the Scope of Services, the Consultant will provide professional services to City for preparation of an air quality analysis for the EIR in conjunction with the City's General Plan Revision Project, which is generally described as follows: Prepare a draft air quality analysis for the EIR on the revision of the General Plan to include background information on existing conditions; identification of sensitive receptors in the Planning Area; air quality modeling to predict worst- case air quality impacts at 10 intersections and freeway segments; a regional air quality analysis; an analysis of the significance of predicted impacts; and recommendations for mitigation measures. Consultant agrees to be available to prepare responses to comments as needed on a time and materials basis. The specific tasks and responsibilities for the Consultant and City in the performance of this Agreement are described below: o Brief discussion of relevant Federal, State and local air quality regulations and their applicability to the land uses outlined in the General Plan. o Identification of pollutants to be evaluated - these would include CO, hydrocarbons, oxides of nitrogen, oxides of sulfur, ozone and particulate matter. Additional industrial pollutants would be identified if applicable. o Presentation of existing data on air quality, climate, and meteorology and discussion of the applicability of this data to the City boundaries. o Establishment of background air quality conditions for the City of San Rafael. o Development of appropriate emissions rates for land uses outlined in the General Plan and for future traffic. The California Air Resources Board's (CARB) EMFAC6D program would be used for vehicular emissions. BAAQMD data and U.S. Environmental Protection Agency data would be used to estimate emissions rates from point sources as appropriate. o Selection of the street network to be modeled using CALINE3, after consultation with the City's traffic engineers. o Description of the specific procedures used in applying the CALINE3 model to worst-case meteorological conditions. o Application of CALINE3 for estimating current CO concentrations and predicting worst-case local air quality impacts at 10 intersections and freeway segments. o Application of the CARB's URBEMIS#1 model to estimate San Rafael's contribution to the regional air pollution burden. o Determination of the significance of predicted impacts based upon: -Compliance with State and Federal air quality standards, -Comparison with Best Available Control Technology (SACT) thresholds, -Comparison with County -wide emissions totals, -Consistency with the 1982 Air Quality Maintenance Plan. o Recommend Mitigation Measures. Because much of the anticipated air quality impacts would be due to vehicular emissions, mitigation measures will involve transportation issues. A list of possibilities will be developed in conjunction with the traffic engineers and will be assessed in terms of potential effectiveness for reducing air quality impacts. Identify sensitive receptors for air pollutants within or near the study area. COMPENSATION SCHEDULE EIP's time and materials compensation schedule follows: Principal I (President) $115/hour Principal II $ 85/hour Senior associate $ 70/hour Associate $ 65/hour Senior Professional $ 60/hour Professional $ 55/hour Technician I $ 40/hour Technician II $ 35/hour Mileage is charged at $ .25/mile Photocopies are charged at $ .15/page Direct costs (i.e. travel, meals, lodging, auto rentals, telephone, printing, graphic materials, etc.) and subcontractor fees are subject to a 10% administration charge. 1