HomeMy WebLinkAboutCD Environmental Consultant Services Agreement____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-3-756
Council Meeting: 09/17/2018
Disposition: Resolution No. 14578
Agenda Item No: 4.d
Meeting Date: September 17, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Paul Jensen (AMG)
Community Development Director
City Manager Approval: ______________
TOPIC: PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL CONSULTANT
SERVICES
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL
SERVICES AGREEMENT (PSA) FOR ENVIRONMENTAL CONSULTING SERVICES
FOR THE BIOMARIN & WHISTLESTOP/EDEN HOUSING DEVELOPMENT PROJECT
AT 999 THIRD STREET
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution.
BACKGROUND:.
In 1998 the City of San Rafael approved PD (Planned Development) District zoning, an Environmental
and Design Review Permit, a Conditional Use Permit and a Development Agreement for the San Rafael
Corporate Center Project (formerly Fair Isaac). Since these approvals were subject to environmental
review, pursuant to the California Environmental Quality Act (CEQA) an Environmental Impact Report
(EIR) for the project was prepared and certified by the City Council in January 1998.
Since the approval, the center has developed in accordance with the approved Master Plan. To date,
four of the five approved buildings have been built and are nearly all occupied. One of the two approved
parking structures has been built (at corner of 2nd St/ Lindaro Ave). Based on t he original approval for
this site, there are two structures that remain entitled, but yet unbuilt: a four -story office building (at the
corner of 2nd St/Lincoln Ave); and a multi-story parking structure on the east side of Lincoln Ave, across
from the center.
Over the past few years, BioMarin Pharmaceutical, Inc. (BioMarin), has been exploring expansion of their
facilities and has recently partnered with Whistlestop/Eden Housing on a proposal to develop the property
at 999 Third Street with two buildings for research and development offices as well as a new senior
housing facility with associated support services. The project will require new entitlements and the
preparation of an EIR.
SAN RAFAEL
THE CITY WITH A MISSION
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Given the environmental complexities of the site, the City will need an environmental consulting firm, to
provide guidance to the City on the CEQA process and to prepare the necessary environmental
document (EIR) to determine project impacts. In May of 2018, the City released a Request for Proposals
(RFP) inviting four (4) environmental consulting firms to propose on the environmental consulting work.
Three (3) of the firms responded to the RFP, and the City held subsequent interviews with each of the
responding firms. While all firms demonstrated an ability to complete the environmental work with similar
budget amounts, the consulting team of Amy Skewes-Cox demonstrated exceptional awareness of the
environmental issues related to the particular site at this important intersection near the City’s downtown.
The proposal submitted by Amy Skewes-Cox includes an overall budget of $277,771.
In addition, the applicants have expressed their desire for an extremely focused and timely review
process. Given the limited staffing in the current planning division along with the various other
development projects city staff is unable to focus attention on this project. Therefore, the City will hire
Sean Kennings from LAK Associates, Inc, a local planning services firm. Mr. Kennings has submitted a
proposal for services with a total contract amount of $65,000 billable at an hourly rate of $155/hour. This
amount is within the signing authority of the City Manager and does not require City Council authorization.
However, a copy of the Professional Services Agreement is attached for reference.
ANALYSIS:
Pursuant to CEQA, the City of San Rafael will act as lead agency for environmental review of the
proposed project. As discussed above the City released an RFP and determined that of the three (3)
firms that responded, the environmental consulting team of Amy Skewes-Cox demonstrated an
exceptional awareness of the environmental issues related to the project and proposed a budget of
$277,771, which was similar to the budget proposals of the other two consultant teams.
FISCAL IMPACT:
The cost of retaining an EIR Consultant ($277,771) plus a 25% EIR administration fee ($69,443) will be
paid for entirely by the applicant. (See Attachment 3). In addition, the applicant will be responsible for
payment of all project application fees, which will be determined at the time of application submittal.
OPTIONS:
The City Council has the following options:
1.Adopt the resolution authorizing the City Manager to execute a Professional Services
Agreement with Amy Skewes-Cox;
2.Direct Staff to work with the applicant to revise the proposal based on City Council discussion;
3.Continue the matter and request additional information.
RECOMMENDED ACTION:
It is recommended that the City Council adopt the attached Resolution.
ATTACHMENTS:
1.City Council Resolution authorizing execution of PSA between the City and Amy-Skewes Cox, with
Exhibit “A”: Professional Services Agreement
2.Draft PSA between the City and LAK Associates, LLC
3.Reimbursement Agreement
Page 1 of 1 ATTACHMENT 2
RESOLUTION NO. 14578
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
AMY SKEWES-COX FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE
BIOMARIN & WHISTLESTOP/EDEN HOUSING PROJECT AT 999 THIRD STREET
(Term of Agreement: from October 1, 2018 to March 31, 2020, for an amount not to Exceed $277,771)
WHEREAS, BioMarin Pharmaceuticals, the owner of the 999 Third Street project site, is
proposing to submit a development proposal to consisting of a research and development facility and
will partner with Whistlestop/Eden Housing for a senior housing facility with support service on the
same site; and
WHEREAS, due to the environmental complexities of the site, the City will need an
environmental consulting firm, to provide guidance to the City on the CEQA process and provide
CEQA analysis through the preparation of an EIR., and
WHEREAS, in May of 2018, the City released a Request for Proposals (RFP), received a
response from three (3) firms, and held subsequent interviews with each on the responding firms; and
WHEREAS, the consulting team of Amy Skewes-Cox demonstrated exceptional awareness of
the environmental issues related to the particular site at this important intersection near the City’s
downtown; and submitted a proposal with a not-to-exceed amount of $277,771; and
WHEREAS, the developer has agreed to pay all costs associated with preparation of the EIR
through certification of the EIR, plus a 25% administration fee ($69,9443.).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement
for Professional Services with Amy Skewes-Cox in the form attached hereto as Exhibit “A” and
incorporated herein, subject to final approval as to form by the City Attorney.
I, Lindsay Lara, 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 said City held on
Tuesday, the 17th day of September 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: None
______________________________
Lindsay Lara, City Clerk
Exhibit A: Professional Services Agreement between City of San Rafael and Amy Skewes-Cox,
with Attached Work Program
AGREEMENT FOR PROFESSIONAL SERVICES WITH AMY SKEWES-COX FOR
CONTRACT CEQA CONSULTANT SERVICES RELATED TO THE
BIOMARIN/WHISTLESTOP LAND USE ENTITLEMENTS PROJECT PROPOSED AT
999 3RD STREET
This Agreement is made and entered into this _l__ day of Oc--tobe:,x , 2018, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and AMY SKEWES-COX
(hereinafter 11 CONTRACTOR11
).
RECITALS
WHEREAS, the property owner and a major tenant at the 999 3rd Street have expressed
interest in pursuing changes to the adopted master plan for the San Rafael Corporate Center (the
"BioMarin/Whistlestop project"); and
WHEREAS, amendment to the Master Plan for the BioMarin/Whistlestop project at 999
3rd Street, would require planning entitlements including, but not limited to a General Plan
Amendment, Zoning Amendment (Planned Development) Minor Tentative Subdivision, Use Permit
, Design Review Permit, and Sign Progran1 amendment, and
WHEREAS, due to the complexity of the environmental review process and the expertise
required to comply with the California Environmental Quality Act (CEQA), the City must hire an
Environmental Consultant to provide CEQA guidance and prepare an Environmental Impact Report
in accordance with CEQA
WHEREAS, CONTRACTOR has submitted its proposed "Work Program" for the
performance of services, which is attached hereto as Exhibit A and incorporated by reference
herein; and
WHEREAS, CONTRACTOR represents that she is qualified to perform such services and
is willing to perform such professional services as hereinafter defined;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. The Planning Manager is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Amy Skewes-Cox is hereby designated as the PROJECT
ORIGINAL
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the
CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide professional services as
Environmental Consultant, including review of technical reports, coordination with City Staff, and
attendance at public hearings and preparation of an EIR. These services shall be performed under
the supervision of the Planning Manager, in conjunction with the CITY's procedures for processing
development entitlements and shall include the tasks described in Attachment "A", incorporated
herein.
3. DUTIES OF CITY.
CITY CITY shall pay the compensation as provided in Paragraph 4, and perform the duties
as follows: the CITY shall provide suitable workspace, if necessary, which is accessible to
telephone and computer facilities. CITY shall provide CONTRACTOR with copies/sets of
project plans and materials, historical files on this development, local plans, ordinances and repmts
that are pertinent to the project that has been assigned to the CONTRACTOR.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR at the hourly rates outlined in Table 2 of the Work Program (Exhibit A) in an
amount not to exceed $277,771 (including optional items and contingencies) without express
written approval of the City Manager. In no event shall the total billing for services hereunder
exceed $287,771.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 18 months commencing on October 1, 2018, and
ending on March 31, 2020. Upon mutual agreement of the parties, and subject to the approval of
the City Manager the term of this Agreement may be extended for an additional period of 12
months.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may tenninate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
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cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen ( 15) day time period.
C. Effe~t of Termination . Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the perfmmance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
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of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to
cover any claims arising out of the CONTRACTOR's pe1formance of services under this
Agreement. Where CONTRACTOR is a professional not required to have a professional license,
CITY reserves the right to require CONTRACTOR to provide professional liability insurance
pursuant to this section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits , and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR m subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance
policies shall be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution. The "primaiy and
noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form
CG20 010413.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
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combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement)
before CITY'S ovm insurance or self-insurance shall be called upon to protect it as a named
insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimllin insurance coverage requirements
and/or limits shall be available to CITY or any other additional insured party. Furthermore, the
requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater.
C. · Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT
MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance
evidencing the insurance coverage required in this Agreement; (2) a copy of the policy
declaration page and/or endorsement page listing all policy endorsements for the commercial
general liability policy, and (3) excerpts of policy language or specific endorsements
evidencing the other insurance requirements set forth in this Agreement. CITY reserves the
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to
exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the
fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and
hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, ( collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's
obligations apply regardless of whether or not a liability is caused or contributed to by the active
or passive negligence of the City Indemnitees. However, to the extent that liability is caused by
the active negligence or willful misconduct of the City lndemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City lndemnitees' share of
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liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City !ndem.nitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S performance of or operations under this
Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City Indemnitees their costs of defense, including reasonable attorneys'
fees, incurred in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless the City lndemnitees from and against any
CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR in the performance of its duties and obligations under this
Agreement or its failure to comply with any of its obligations contained in this Agreement,
except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In
no event shall the cost to defend charged to the design professional exceed the design
professional's proportionate percentage of fault.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
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15 . NOTICES.
All notices and other communications requireci or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Raffi Boloyan
City of San Rafael
1400 Fifth Avenue
San Rafael , CA 94901
Amy Skewes-Cos
P.O. Box 422
Ross, CA 94957
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT --AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
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the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WANERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation. ·
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the perf mmance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE/ OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any arid
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
22. APPLICABLE LAW.
the laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
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By:_..,,.___.._ ___ "'-~--
Name: ------"'--"---#---''--==---'----=,--
Title: __ {,o/ff~-~ff---,~~r1~°tW~-
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
tH a ~~. e~FG•
ROBERT F. EPSTEIN,ityAtto~y
Exhibit A: Amy Skewes-Cox Environmental Consultin Services for BioMarin/Whistlestop
Project -999 3rd Street
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Ill. WORK PROGRAM
■ II ■
This section outlines the detailed work program that the EIR team will follow. The work program and schedule
outlined in this proposal are predicated on the following assumpti,ons:
□ Any additional technical studies to be prepared by our team beyond those we have identified herein will require
revisions to the proposed scope and budget.
Q The Skewes-Cox EIR team will prepare the Notice of Preparation, the Notice of Completion, and the Notice of
Determination (with one revision for each based on City comments). The City will be responsible for public
noticing and mailing of environmental documents to the Office of Planning and Research (OPR) and neighbors.
The City will be responsible for posting the CEQA documents on the City's website.
□ The project will start on or nearOctober 2018 and be completed no later than December 2019. Should the project
extend beyond this period, an adjustment will need to be made to the budget.
o The proposed schedule will be contingent on timely receipt of project description materials and background
documents, as well as City staff comments on the various memos, work products, and Administrative Drafts of
the NOP, Initial Study, Draft EIR, and Final EIR described in this proposal.
EJ The proposed schedule may require revisions related to any unexpected delays that are outside of our control.
□ Should any changes to the project description occur after work on the EIR is begun, a revision to the proposed
schedule, scope, and budget may be required.
[.J Any comments on the CEQA documents by City staff will be consolidated into one comment copy in Microsoft
Word format to avoid conflicts among comments. Any comments on documents will be done using Microsoft
Word and tracking, and will not entail comments in a pdf format.
i;;i The City will provide a clear site plan in pdf format and a written description of the project identifying locations
and sizes of all new buildings, uses and hours of use, estimated number of occupants, landscaping provisions,
on-site parking provisions, and access. We would also request a copy of any landscape plans, building
elevations, grading plans, lighting plans, and utility plans if available , We understand that the project is still
undergoing revisions and assume that the EIR process will start when a formal application has been completed.
TASK 1. PROJECT INITIATION AND COORDINATION WITH CITY STAFF
To begin the CEQA process, we will hold a kick-off meeting with City staff to coordinate the scope of work,
deliverables, and schedule, and to determine protocols for contacting all parties. At this time, we will request copies
of any new available project description data and technical information, and address any other relevant CEQA
issues. We propose that Amy Skewes-Cox, Bruce Abelli-Amen, and David Parisi attend this meeting. In this way, the
sharing of information can be described so that it flows smoothly during the EIR preparation. At this kick-off meeting,
we can review the proposed schedule and the roles that everyone will play. Communication protocol can also be
discussed.
-EXHIBIT A
TASK 2. ASSEMBLE AND REVIEW BACKGROUND INFORMATION
We will work closely with City staff and others to assemble a "library" of background materials and will create a list of
such materials that can be continually adjusted through the process. This list will identify who on the EIR team has
been provided the relevant documents and when any revisions are being made. These documents will become part
of the Administmtivc Record for the CEQA process.
A. TECHNICAL STUDIES
We would request that any background studies be provided at the start of the EIR process. We understand that the
following studies are being prepared by the applicant:
□ Photo simulations
□ Geotechnical report
□ Traffic and parking study
□ Hazards and hazardous materials studies
□ Hydrology/floodplain study and stormwater control plan
We would review these and avoid duplication of effort while providing objective, third-party review. While we have not
yet seen these studies, we assume that they will address many of the impact criteria to be evaluated in the EIR.
8. BAsEMAPS
We assume that a number of base maps have been prepared by the applicant and that we would be provided with
these in pdf format. We would also request at least two copies of base mi;!ps in hard copy, printed at 11 by 17 inches
or 24-by-36-inch format if possible. One full set of all project drawings in 11-by-17-inch format for the Project
Manager would also be requested.
TASK 3. SITE VISITS
An initial site visit by Ms. Skewes-Cox will be coordinated with the kick-off meeting (Task 1 above). Many EIR team
members will want to do their own site visits (obtaining the necessary permission). At this time, we are assuming this
first site visit will require two hours and will include City staff. This site visit will allow the EIR team to become familiar
with the site and to ask questions while there . The first site visit will be attended by, at minimum, Amy Skewes°Cox,
David Parisi, Andrew Lee, Tim Jones, and Bruce Abelli-Amen .
TASK4. MEETINGS WITH CITY STAFF
We assume that at least 12 two-hour meetings will be required with City staff. At this time, we propose that Amy
Skewes-Cox attend all of these meetings. Bruce Abelli-Amen and David Parisi would be available to attend at least
six of these meetings. Additional conference calls can be arranged if these are needed. Ms. Skewes-Cox's offices
are only 15 minutes from the City offices; thus, she is available to attend meetings upon short notice.
TASK 5. PREPARE DRAFT PROJECT DESCRIPTION
Ms. Skewes-Cox will prepare a detailed project description for review and approval by City staff.
We assume that digital and hard copies of the following plans (with number of copies needed shown in parens) will
be provided in full set scale as background for the project description , if available:
□ Base topography (2)
□ Base site plan showing building layouts, access points , parking, landscaping (4)
□ Utility plan (2)
□ Building elevations (1)
□ Landscaping plans (1)
□ On-site vehicle circulation for parking area access (including emergency access) (2)
We would also request digital copies of the above graph ics (pdf or Adobe Illustrator format) to be incorporated into
the EIR. A full list of data needs is provided in Appendix B .. Based on materials provided by the City , we will prepare
graphics necessary for an adequate project description (e.g ., Regional and Project Location, Site Plan, etc.) and for
an adequate assessment of environmental impacts . Our budget assumes that all graphics will be 8.5 by 11 inches
and black and white, except for up to 12 graphics that are assumed to be color graphics that are 8.5 by 11 inches.
The project description section of the EIR will identify the following:
□ Size and location of the project site.
□ Project components by phase, with square footage (net and gross), proposed heights, and bulk of each building .
□ Specifics regarding hours and days of use, parking, access, and lighting.
□ Defined "area of disturbance " for each new building that includes building envelope (which is assumed to include
likely surrounding construction zone).
□ Construction details, including proposed hours of construction.
□ Occupancy for Whistlestop/Eden Housing (both residential and employee) and employee occupancy for both
BioMarin buildings.
□ Proposed drainage provisions, including on-site detention .
□ Proposed grading (expected to be minimal) (cut and fill volumes , etc.).
□ Lighting plans, if available.
□ Alternative energy and energy conservations measures (summarized).
□ Access to parking, parking provisions, and emergency access provisions (external and internal).
El Staging areas for construction and types of construction equipment to be used (needed for noise analysis).
□ Utility line extensions and new utility corridors (including mapping).
□ Total net new area of impervious surface to result from new construction.
□ Timing and staging of the project.
□ The applicant's objectives for the project.
□ Summary of required permits .
This task assumes one round of edits after City review. Please note that we are requesting that formal City approval
of our draft of the project description be completed prior to our starting the EIR analysis. It is critical that the City
understands that analysis of the project will have to be redone if the project changes during the EIR process. We
would like to minimize changes to the scope of work and budget as much as possible.
TASK 6. SCOPING MEETING
We have included one scoping meeting in our scope of work due to the complexity of the project and the fact that
many people may be interested in attending. This meeting would allow the public to comment on CEQA topics that
they would like addressed in the EIR. We will make a presentation about the project to be evaluated, using maps
provided by the City, and briefly explain the CEOA process anrl topics to be addressed. The meeting will then be
opened to public comments and notes will be taken . These notes will be summarized in the EIR.
We would ask that City staff assist in notification for this meeting and the arrangements for a meeting space. Ms.
Skewes-Cox can make the formal presentation related to the EIR. We would suggest that City staff and/or members
of the applicant's team begin with a short presentation on the project itself, but that this presentation be limited to no
more than 15 or 20 minutes. This presentation would be followed by Ms. Skewes-Cox explaining the CEQA process
and the topics to be addressed. A handout will be provided for those who want to comment in writing rather than
orally at the meeting . It is also a good idea to have large-scale drawings of the project on display in the meeting room
so that people can view these before and after the meeting. We assume that the scoping meeting will be no more
than four hours in duration. At this time, we propose that Ms. Skewes-Cox, Mr. Parisi, and Mr. Abelli-Amen attend the
scoping meeting, but if the City would like additional team members to attend, this can easily be arranged.
TASK 7. NOTICE OF PREPARATION
We will prepare the NOP for the EIR and make one round of edits based on City comments. We suggest that the
NOP summarize the topics to be addressed in the EIR.
Digital copies of the administrative draft NOP will be prepared for City staff to review. We will revise the NOP and
assume that City staff will distribute the public version to the County Clerk and the State Clearinghouse . We assume
that the City will be responsible for mailing the NOP to neighbors. We also assume that the City will post the NOP on
the City's website.
The comment period for the NOP will be 30 days. We will incorporate comments received on the NOP into an
appendix of the EIR in summary format. The EIR will address NOP comments in the EIR analysis, as appropriate.
TASK 8. ADMINISTRATIVE DRAFT EIR
The EIR team will prepare the Administrative Draft EIR, including all text, graphics, and footnotes, for review by City
staff. The content and format of the EIR will be presented to staff early in the process to ensure that the format meets
City standards.
We will provide the City with one digital copy (non-write protected) and ten hard copies of the Administrative
Draft EIR. We anticipate that the EIR will evaluate the topics listed below. For each topic, we will clearly identify
existing conditions, potential impacts, and reasonable mitigation measures for potentially significant impacts. The
Administrative Draft EIR will also include an introduction, a summary chapter (summarizing impacts and mitigation
measures), and a project description. As required by CEQA, alternatives to the project will be evaluated as described
below. Please note that we would request assistance from City staff in developing possible alternatives to the project.
A. PROJECT DESCRIPTION AND SUMMARY
The ADEIR will include the Project Description (described above under Task 5) chapter and a Summary chapter that
will summarize all the impacts and mitigation measures that have been identified. The topics to be addressed are
discussed below. A Summary table will clearly identify all impacts and mitigation measures (verbatim from main body
of text). The Summary chapter will also identify any significant, unavoidable impacts that have been identified, and
will summarize the project alternatives evaluated.
8. LAND USE
Amy Skewe:;-Cox, AICP, will conduct the land use analysis and prepare this EIR section , which will focus on the
project's compliance with existing City of San Rafael General Plan policies and zoning regulations. This section of the
EIR will address all the land use entitlements being requested: a General Plan amendment, rezoning, use permit,
and design review. Also, it is assumed that a parcel map may be required to separate the Whistlestop/Eden Housing
site from the remainder of the parcel. Ms. Skewes-Cox will complete the following tasks for this EIR section:
□ Identify existing land uses at the site and in the immediate environs, including easements.
□ Summarize all land use entitlements and create a table to explain why these entitlements are required. This may
be done as part of the project description and can be cross-referenced if needed.
□ Explain density bonuses allowed and requested for both the Whistlestop/Eden Housing and BioMarin
components of the project.
□ Describe applicable planning documents relevant to the project site and surroundings, including the City's
General Plan 2020, the City's Bicycle and Pedestrian Master Plan, and the City's Emergency Operations Plan.
Also, address how the City's General Plan is currently being updated.
□ Prepare a summary table identifying the project's relationship to relevant General Plan policies. Policies relevant
to environmental impacts will be the focus of this analysis. Because policy consistency is a determination to be
made by the decision-makers, the City may prefer that we only list relevant policies and not address policy
consistency or applicable mitigation. This can be determined early in the scope refinement. Cross-references will
be made to other sections of the EIR that have identified policies related to specific topics such as traffic, air
quality, and other topics.
o Identify mitigation measures as necessary.
While not required by CEQA significance critieria, we can address the project's compatibility with surrounding
development (addressing secondary issues such as noise, visual quality, etc .) if requested by-the City.
C. VISUAL RESOURCES
Amy Skewes-Cox will conduct the visual and aesthetics analysis with the assistance of Environmental Vision
(simulation specialists). The proposed project will represent a significant change to a site that is now vacant and
unvegetated within downtown San Rafael. Bui)ding scale and height of the proposed project, as related to the
surrounding urban development, will be evaluated. Blockage of any significant views, as seen from Second Street
and Third Street by motorists as well as by bicyclists and pedestrians, will be assessed. The potential for increased
light and glare will also be evaluated. However, given that the site is within an urbanized core of the city, this potential
impact is not likely to be significant.
At this time, we assume that elevations and final visual simulations based on those elevations will be provided for the
two projects. Ms. Skewes-Cox, who is trained in landscape architecture, will complete the following tasks:
E] Document existing visual _ conditions, using photographs to supplement the text, with photos taken from key_
viewpoint locations approved by City staff (e.g., Second Street, Third Street, Brooks Street, Lindaro Street, and
uphill at Boyd Memorial Park.).
□ Summarize relevant visual-related policies of the City's General Plan.
□ Assess the potential for impacts on scenic vistas and view corridors. Because the site is located within an
urbanized area of San Rafael and buildings are primarily infill within the existing downtown, new buildings would
not be expected to have significant impacts on scenic vistas. However, the proposed height of both the
Whistlestop/Eden Housing building and the BioMarin buildings may have impacts on some long-distance views
from publii;: locations and this will be studied in the field, especially in terms of views of Mount Tamalpais, the
San Rafael hills, and Boyd Memorial Park.
□ Identify the potential for increased light and glare from new development, especially as seen from nearby
residences, as applicable. Because senior housing would be placed next to the two new BioMarin buildings and
parking areas, light impacts for project residents will also be addressed.
□ Document proposed landscaping and evaluate how such landscaping may minimize potential visual impacts of
new development. If specific areas for visual screening have not been identified, we will suggest these as part of
the recommended mitigation measures and include monitoring for the success of such screening. Landscaping
with trees at the edge of the site is expected to be especially important given the scale of proposed buildings.
The visual impact analysis will rely on the applicant's visual simulations. However, we have included the firm of
Environmental Vision on our team to provide an objective review of the submitted simulations and to ensure that the
ima~es are scaled correctly (see below). EIR text will refer to the simulations in explaining how the projects will
appear from key vantage points.
COMPUTER-ASSISTED PEER REVIEW OF VISUAL SIMULATIONS PREPARED BY PROJECT APPLICANT: Environmental Vision
will conduct peer review of visual simulations prepared by the project applicant to show the proposed project design.
The peer review evaluation will address the general accuracy of the simulation images by determining whether the
location, massing, and scale of proposed development are shown correctly. In addition, the peer review will address
questions of whether the simulation images provide a reasonable illustration of the proposed project design, and
whether the simulation photographs show accurate, repres~ntative views seen by the public. For purposes of this
technical review, Environmental Vision will employ computer-assisted modeling techniques, aerial photography data,
and project design data (refer to requested data listed below).
The budget includes evaluation of up to five visual simulations showing the proj~ct from ground-level viewpoints.
Results of the peer review evaluation will be presented in a brief technical memo outlining assumptions, technical
findings, methodology, and conclusions including recommendations for revisions, additional information, or new
simulations from additional viewpoints. One review/revision cycle based on minor comments is included.
The following data will be requested (Please note: digital drawings are requested in CAD and pdf format):
m High-resolution image files and hard copy versions of the simulation photographs and rendered simulation
images in addition to information on camera model and lens used to shoot simulation photographs;
□ A scaled map showing the project layout with the simulation photograph point locations;
□ Description of computer modeling and rendering methodology used to prepare the simulation images;
□ Site plan drawing (to.scale) showing existing and proposed new building footprints with existing features;
□ Elevation drawings with dimensions for proposed buildings;
□ Information on proposed exterior color, material, and finish of buildings and structures;
□ 3D digital project model; and
□ Heights of existing nearby buildings/structures.
ASSUMPTIONS: We assume that the applicant's visual simulations will be available at the start of the EIR to evaluate
potential impacts as seen from critical nearby viewpoint locations. We assume that the City would request a
simulation from Boyd Memorial Park upper elevations to confirm whether the project would be visible from this public
vantage point. We also assume that project elevations in final format will be available at the start of the EIR.
D. HAZARDS
Bruce Abelli-Amen and Cem Atabek, both with BASELINE Environmental Consulting (Baseline), which specializes in
characterization and cleanup of hazardous waste sites and related CEQA analysis, will evaluate potential impacts
related to hazards that may result from development of the proposed project.
The former use of the project site as a Manufactured Gas Plant (MGP) by Pacific Gas and Electric Company (PG&E)
resulted in the contamination of soil and groundwater underlying the project site. By-products of MGP processes
typically included tars, light oils, sludge, lampblack, and other hazardous materials that can contaminate soil and
groundwater and cause substantial odors if exposed at the surface. Due to the health risks posed by the
contamination, a deed restriction was established for the project site that prevents it from being used for residences
or elder care facilities. Remediation activities have been performed at the project site; these included excavation and
off-site disposal of contaminated soil as outlined in a Remedial AQtion Plan (RAP) that was developed and
implemented under the oversight of the Department of Toxic Substances Control (DTSC). Post-remediation soil gas
sampling has also been performed at the project site, and a Remedial Action Completion Report will be prepared to
document the post-remediation conditions at the project site. Based upon remediation results, PG&E will work with
DTSC to amend the deed restriction to allow residential development as long as the proposed development is
designed to meet specific standards and protections.
For the Hazards and'Hazardous Materials EIR section, Baseline will complete the following tasks:
□ Review available regulatory agency records to describe known and potential hazardous materials issues at and
near the project site.
GJ Describe the environmental setting for the proposed project, including the existing conditions at the project site
and the existing regulatory framework for hazards and hazardous materials that are applicable to the proposed
project.
□ Summarize post-remediation conditions and future actions. It is assumed that the Remedial Action Completion
Report will be available by the time the CEQA analysis is underway. This completion report will provide updated
information and assist Baseline in summarizing the future actions required to address the hazardous materials
issues at the site.
i;i Contact DTSC. In our experience, establishing and maintaining a dialogue between the CEQA team and DTSC
staff provides valuable benefits to a successful CEQA process, including transparency and better understanding
of health risk issues and future actions that will be required to maintain a safe project site.
□ Identify potential impacts related to hazardous materials management. For example, it is likely that on-site
excavations (for foundations and utilities) could encounter residual hazardous materials in soil that have strong
chemical odors. These types of odors, when emanating from a construction site, can be highly alarming to the
public. Baseline will ensure that this possibility is anticipated and that the soil management plan for the site
includes measures to address odors that could be generated during construction (required by mitigation
measure, if necessary).
o Describe local policies, including policies in the City's General Plan that address hazardous materials and other
public health and safety concerns.
□ Assess potential public health and safety impacts for future construction workers and future occupants and
workers that could result from project development.
□ Draft practical mitigation measures to address any identified significant impacts.
E. TRANSPORTATION AND TRAFFIC
David Parisi and Andrew Lee of Parisi Transportation Consuliing (Parisi) will prepare a transportation and traffic
analysis for the proposed project. The traffic analysis will be based upon a peer review of BioMarin's transportation
analysis conducted by Fehr & Peers. It is assumed that Fehr & Peers' analysis will have adequately covered the
following:
□ An assessment of existing traffic conditions at all study intersections for weekday AM and PM peak hours.
□ An estimate of vehicle trips that the project would generate upon full build-out.
□ An assessment of existing plus project traffic conditions at all study intersections for weekday AM and PM peak
hours.
□ An assessment of cumulative and cumulative-plus-project traffic conditions at all study intersections for weekday
AM and PM peak hours .
□ An assessment of the project's potential impacts on vehicular traffic, pedestrians, bicyclists, and transit.
□ An assessment of potential traffic impacts of limited on-site parking.
□ An evaluation of relevant City General Plan policies related to transportation and parking .
Parisi's tasks will include the following:
□ Participate in an EIR kick-off meeting to ensure that the goals and objectives for the project are understood.
Based on the kick -off meeting, Parisi will prepare a revised scope and fee, as appropriate.
□ Review Fehr & Peers' transportation analysis and recommend changes, as appropriate. Any changes would be
conducted by Fehr & Peers based on Parisi input.
□ Prepare the Transportation and Traffic section of the Initial Study.
□ Using the background transportation assessment, complete the Transportation section of the Administrative
Draft EIR, which will include text with supporting tables, figures, and technical appendices.
□ Respond to one set of unified, noT)-contradictory comments on the Administrative Draft EIR Transportation
section and prepare the public review Draft EIR transportation section.
a Assist in responses to transportation-related public comments. Parisi has included time to assist in responses to
public comments on the Draft EIR as they .relate to the public review Draft EIR Transportation section for
incorporation into the Final EIR. ·
□ Attend one hearing/meeting before the City Council or Planning Commission to answer questions and provide
information on traffic impacts and mitigations as needed. City staff may determine this attendance is not required
depending on the issues identified in the EIR.
□ Manage the transportation elements of the EIR.
ASSUMPTIONS: Only one administrative draft report is assumed. Because it is speculative to estimate the number and
nature of transportation-related comments on a Draft EIR, Parisi has made certain assumptions about the level of
effort required to assist in addressing such comments . If significant additional effort is needed to address
transportation-related comments, Parisi will respectfully ask for a contract amendment at that time. Only those items
specifically identified above are included in the scope of services. Parisi will not conduct any additional scope item
without prior consultant or City staff approval.
It is further assumed that Parisi will find that Fehr & Peers' transportation studv, including parking analysis and
vehicle miles traveled (VMT) estimates, is reasonable and adequate, and that any changes identified by Parisi will be
conducted by Fehr & Peers. It is assumed that no new traffic counts or surveys will be required.
For any analysis of alternatives, it is assumed that such analysis would be qualitative only and that no new
quantitative analysis will be necessary.
F. NOISE
Lisa Luo of Baseline will conduct the noise and vibration analysis. The major noise issues related to the proposed
project would be exposure of nearby residents to construction-period noise (likely to include pile-driving), the potential
increased traffic noise associated with the proposed project, and the compatibility of the proposed senior housing and
R&D uses with the existing noise environment. Baseline will complete the following tasks:
□ Describe existing noise conditions. The primary source of noise in the vicinity of the project site is vehicle traffic
on Highway 101 and local roadways , including Second Street and Third Street. To establish the ambient noise
levels at the project site and at nearby residential receptors, Baseline will collect up to two ~4-hour noise
measurements and up to four short-term 10-minute noise level measurements (the exact number and location of
the measurements will be determined during the site reconnaissance based on the conditions observed in the
field) in order to help characterize ambient noise conditions . Based on the ambient noise level data collected,
Baseline will evaluate whether the senior housing and R&D components proposed by the project are cons istent
with the land use compatibility guidelines in the Noise Element of the City of San Rafael General Plan.
□ Describe the existing regulatory environment for noise and vibration, including policies contained in the City's
General Plan, Noise Ordinance, and any other applicable requirements.
□ Assess short-term construction noise impacts. Sensitive receptors located in proximity to the project site include
a three-story apartment building to the south of the project site. Baseline will conduct a quantitative analysis to
determine whether the project would be likely to result in short-term noise impacts during construction. If
potential short-term noise impacts on sensitive receptors are identified (i.e., if construction noise levels exceed
construction noise limits in the City of San Hafael's Noise Ordinance), then feasible mitigation measures (which
may include limiting work hours, equipment shielding, and noise barriers) will be developed.
□ Assess long-term operational noise impacts. During operation, noise impacts could occur as a result of the
increased vehicle traffic noise associated with the proposed project. Baseline will conduct a quantitative analysis
to estimate project-generated traffic noise to determine whether the project would cause a significant increase in
traffic noise levels along local roadways. Based on preliminary review, it is not anticipated that project-generated
traffic would significantly increase long-term amb ient noise levels .
□ Recommend mitigation measures, as needed, to reduce or eliminate any significant noise and /or vibration
impacts to less-than-significant levels, if feasible .
G. AIR QUALITY AND GREE_NHOUSE GAS EMISSIONS
Ivy Tao and Patrick Sutton of Baselin~ will evaluate the potential impacts related to air quality and greenhouse gas
emissions that may result from implementation of the proposed project. The primary temporary sources of air quality
and greenhouse gas impacts would be off-road heavy-duty equipment and on-road haul trucks and vehicles used
during construction. Construction activities would also generate diesel particulate matter (DPM), which could pose
adverse health risks to off-site sensitive receptors at the adjacent hospital and multi-family residential buildings (and
to residents at the proposed senior housing during Phase 2 construction of the BioMarin project component).
Potential permanent sources of air quality and greenhouse gases impacts would be stationary equipment, building
operations, and vehicular traffic. In particular, diesel emergency generators in the proposed buildings and use of
chemicals in the proposed R&D facilities, if any, could result in significant incremental increases in health risks at the
on-site and off-site sensitive receptors .
In preparation of the air quality and greenhouse gas sections (two separate sections) of the EIR, Baseline will
complete the following tasks:
□ Describe existing air quality conditions in the San Francisco Bay Area Air Basin, including the regional climate,
meteorology, and topography, as well as existing air pollution sources and ambient air quality conditions .
□ · Describe the existing regulatory environment for air quality and greenhouse gases, including federal and state
ambient air quality standards, provisions of the San Rafael Climate Change Action Plan issued in April 2009 and
its subsequent annual updates, policies contained in the City's General Plan, and any other applicable
requirements.
(;] Determine the. significance of impacts related to the project's criteria air pollutant and greenhouse gases
emissions in accordance the Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidance .
This evaluation will be based on the most current version of the California Emissions Estimator Model
(CalEEMod). Research laboratory emissions of reactive organic compounds (through vent hoods) could
contribute to the project's criteria pollutant emissions. Therefore, we assume that the applicant will be able to
provide information on the type and quantity of chemicals that would be used in the proposed lab spaces and the
associated emissions.
u Determine the significance of health risk impacts related to project construction and operation. DPM emissions
from diesel equipment and vehicles used during project construction and from diesel emergency generator(s)
during project operation will be modeled in a pollutant dispersion model in accordance with the relevant
BAAQMD guidelines. Health risks due to the project's DPM emissions at the near~y sensitive receptors will be
evaluated in accordance with the guidelines from Office of Environmental Health Hazard Assessment.
El In addition to evaluating health risk impacts due to DPM emissions, conduct a health risk screening analysis as a
part of permit application required under BAAQMD Rules 2-1 and 2-5, if the project would include more than
25,000 square feet of laboratories or more than 50 fume hoods in any of the proposed buildings.
□ Evaluate the cumulative health risks due to project construction , operation, and other stationary and mobile
sources of toxic air contaminants in the project vicinity using BAAQMD's online screening analysis tools.
□ Determine the significance of impacts related to the project's consistency with the applicable plans and
regulations, such as the BAAQMD 2017 Clean Air Plan and the City's Climate Change Action Plan.
a Recommend mitigation measures, as needed, to reduce or reduce any significant air quality and/or greenhouse
gas emissions impacts Plan to less-than-significant levels, if feasible.
H. GEOLOGY, SOILS, AND SEISMICITY
Bruce Abelli-Amen and Lisa Luo of Baseline will prepare an analysis of potential impacts related to geology, soils,
and seismicity that may result from development of the proposed project.. The project site is located in a seismically
active portion of Northern California, between the San Andreas Fault to the west and the Hayward/Rodgers Creek
Fault to the east. Based on current estimates, it is likely that a major earthquake on these or other regional faults will
occur during the design life of the project.
The topography of the site is flat, eliminating the potential for impacts from landslides or other slope stability
concerns. However, soils underlying the site consist of artificial fill over Bay Mud deposits, which may have the
potential to liquefy during seismic events, magnifying potential earthquake impacts. The fill and Bay Mud deposits
may .pose substantial challenges related to foundation designs for medium high-rise structures, potentially requiring
pile foundations. In preparation of the geology, soils, and seismicity section of the EIR, Baseline will complete the
following tasks:
□ Describe regional and site-specific geologic and seismic conditions for the project site based on review of
available geotechnical reports and other available information.
□ Identify sources of regional earthquakes and expected levels of seismic shaking (and related potential for ground
failure) at the site.
□ Describe soil conditions (including erosion hazards and shrink-swell potential) at the site on the basis of Natural
Resources Conservation Service mapping and available geotechnical investigations.
□ Describe the regulatory framework for geology, soils, and seismicity, including state laws for seismic safety.
Local municipal requirements and policies from the City's General Plan will be summarized.
□ Evaluate the proposed project for compliance with local ordinances and requirements and standard geotechnical
principles. Any potential impacts associated with seismicity or unstable soils will be described.
□ Draft practical mitigation measures that would reduce or eliminate any identified significant impacts related to
geologic, soils, or expected seismic conditions to a less-than-significant level.
I. HYDROLOGY AND WATER QUALITY
Bruce Abelli-Amen and Lisa Luo of Baseline will prepare an analysis of potential impacts related to hydrology and
water quality that may result from development of the project. Development will be subject to National Pollutant
Discharge Elimination System program (NPDES) permitting during construction and operation. The NPDES
Construction General Permit requires implementation of Best Management Practices (BMPs) during construction
activities, while the Phase II Municipal Stormwater Permit (Phase II Permit) E.12 provisions, implemented locally by
the City, require capture and treatment of stormwater prior to discharge to storm sewers. Any stormwater discharges
from the site would flow from the City storm drainage system to nearby San Rafael Creek, which is located
approximately 750 feet south of the project site and discharges to San Pablo Bay. Flooding is also a concern, as
much of the project site is located in a Federal Emergency Management Agency (FEMA)-mapped 100-year flood
hazard zone.
In preparation of the hydrology and water quality section of the EIR, Baseline will complete the following tasks:
□ Review available site-specific hydrologic information, including the hydrology/floodplain study and Stormwater
Control Plan prepared for the project..
□ Using information from site plans and publicly available resources such as the San Francisco Bay Basin Plan,
describe regional and site-specific hydrologic and storm drainage conditions.
□ Describe surface and groundwater quality in the site vicinity (contaminants in groundwater related to the former
PG&E MGP site will be described in the Hazards section of the EIR), including existing water quality impairment
of San Rafael Creek.
□ Describe the regulatory framework for stormwater quality, including federal, state, and local plans, laws, and
regulations . These will include local requirements, including the San Rafael Municipal Code and measures from
the City's General Plan related to stormwater protection.
□ Qualitatively evaluate changes in runoff volume and quality based on construction of new buildings, roadways,
and other improvements as part of the proposed development.
□ Describe potential water quality impacts, including discharge of urban pollutants (petroleum hydrocarbons and
heavy metals associated with automobile use) from parking areas that could occur under the development.
□ Draft practical mitigation measures that would reduce or eliminate any identified significant impacts related to
hydrology and water quality to a less-than-significant level.
J. PUBLIC SERVICES AND UTILITIES
Natalie Macris will conduct the public services and utilities analysis, which will evaluate project impacts on police and
fire protection services, water, sewer, and solid waste disposal services. Evaluation of emergency access provisions
will be coordinated with the _ EIR traffic analysis.
To address impacts on public services and utilities, Natalie Macris will complete the following tasks:
□ Compile information on existing public service conditions in the project area through contacts with service
agency personnel.
□ Identify impacts on public services and utilities based on information from the City and service agency personnel.
The evaluation will focus on the possible need for new or physically altered governmental facilities and the
physical impacts of constructing these new facilities or facility alterations. The evaluation will consider whether
effects on established service ratios, response times, capacity versus projected demand, or other performance
objectives would result in the need for new or altered facilities, and whether construction of these facilities would
cause significant environmental impacts.
o Recommend mitigation measures as necessary.
Storm drainage impacts will be addressed in the Hydrology and Water Quality section of the EIR, rather than in the
Public Services and Utilities section.
ASSUMPTIONS: For purposes of this proposal, it is assumed that the applicant will provide (1) written descriptions of
existing and proposed service and utility features (e.g., water and sewer connections, emergency access, proposed
utility relocations); (2) quantified estimates of water demand, sewage generation, and solid waste generation for the
project, including during project construction; (3) written description of any measures inc/uded·in the project to limit
water demand and sewage or solid waste generation; and (4) written description of any measures included in the
project to avoid impacts on utilities in the vicinity.
K. PARKS AND RECREATION
Natalie Macris will complete the following tasks for thiso EIR section:
□ Describe existing parks and recreation facilities in the vicinity.
□ Analyze project impacts on parks and recreational facilities, including any facilities included in the project along
with the potential for physical deterioration of existing facilities and requirements for new facilitie$ to serve the
proposed development.
□ Recommend mitigation measures for any potentially significant impacts.
ASSUMPTIONS: For purposes of this proposal, it is assumed that the applicant will provide a written description of
proposed on-site recreational features.
L. ENERGY RESOURCES
Natalie Macris will prepare the Energy Resources section of the EIR. The section will evaluate the potential for the
project to have significant impacts on energy resources. Tasks will include the following:
□ Compile information on existing gas and electrical facilities in the project area.
□ Summarize project impacts on energy resources by identifying the project's proposed energy-saving features,
projected energy consumption, consistency with applicable energy efficiency policies and standards, and the
potential need for new energy supplies or facilities to serve the project
□ Recommend mitigation measures as necessary.
ASSUMPTIONS: For purposes of this proposal, it is assumed that the applicant will provide (1) written descriptions of
any proposed energy-saving features; (2) quantified estimates of the project's energy consumption with and without
any proposed energy-saving features, including consumption during project construction; (3) written description of
proposed connections to and any proposed relocation of existing gas or electrical facilities; and (4) written description
of any measures included in the project to avoid impacts on gas and electrical facilities in the vicinity.
M. CULTURAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Tim Jones with LSA will prepare the Cultural Resources and Tribal Cultural Resources sections of the EIR. The
Cultural Resources section of the EIR will (1) describe the prehistoric, ethnographic, and historical settings of the
project site; and (2) evaluate potential impacts on cultural resources that may result from the proposed project.
Cultural resource technical specialists will use available studies whenever possible. The Tribal Cultural Resources
section of the EIR will (1) describe the results of the City's consultation efforts with the Federated Indians of Graton
Rancheria, and (2) evaluate potential impacts on tribal cultural resources based on the results of this consultation.
The following specific tasks will be completed:
□ Conduct Records Searches and Literature Review. Records searches and a literature review will document
the baseline conditions for cultural resources. LSA will conduct a records search at the Northwest Information
Center at Sonoma State University to identify previously recorded cultural resources within, and cultural resource
studies of, the project site. LSA will also request a review of the Native American Heritage Commission (NAHC)
Sacred Lands File to identify sites of Native American concern in or adjacent to the project site. LSA will review
appropriate literature to document the historical, ethnographic, archaeological, and paleontological contexts of
the project site.
□ Conduct Site Visit. A qualified cultural resources manager will conduct one site visit to observe and photograph
the existing conditions.
a Describe Relevant Laws, Regulations, and Policies. Relevant local and state cultural resource laws,
regulations, and policies will be summarized in the EIR.
□ Identify Potential Impacts and Develop Mitigation Measures. Potential project impacts on cultural resources
and mitigation measures will be provided to avoid or to ,reduce the severity of significant cultural resource
impacts.
□ Respond to Comments. Cultural resources staff will respond to the following: (1) one set of non-contradictory
City staff comments on the Administrative Draft EIR, and (2) public comments on the Draft EIR.
ASSUMPTIONS: This proposal includes the following assumptions:
□ There are no cultural or tribal cultural resources at the project site that will require recordation or evaluation.
□ The City will conduct Assembly Bi/152 (AB 52) and Senate 8ill 18 (SB 18) consultation with appropriate local
tribal representatives, including letter notifications and meetings. The City will communicate the results of this
consultation to Ms. Skewes-Cox and LSA, who will prepare the tribal cultural resources section of the EIR.
N. ALTERNATIVES
Amy Skewes-Cox and Bruce Abelli-Amen will lead the alternatives development effort. CEQA requires that
alternatives to the project be evaluated in the EIR. These alternatives must have fewer and/or reduced impacts as
compared to the proposed project. Thus, the final selection of alternatives is best made after potential impacts of the
project are known. We propose that the following alternatives be considered for evaluation in the EIR at a level of
detail specified by the CEQA Guidelines and suggest that the City choose three alternatives that we will evaluate at a
more general level than the proposed project:1
El No Project Alternative (assumes no change from existing conditions), which is mandated by CEQA;
□ Project without a General Plan amendment or rezoning (we would request City staff assistance in identifying the
level of development that could occur under this alternative and could still assume allo'A'.able density bonuses);
□ Reduced Scale Alternative (may possibly assume a reduction in the Whistlestop unit count to 54 total units
and/or a reduction in square footage for the BioMarin component);
□ Alternative with increased on-site parking to meet code requirements;
□ Redesigned Alternative (may include a reconfiguration of some buildings to result in fewer environmental
impacts) and;
□ Off-Site Alternative (if deemed feasible).
Each alternative will be compared to the proposed project, especially as related to identified significant impact. It will
also be important to compare the alternatives to the applicant's objectives identified in Chapter 1 of the EIR. The
environmentally superior alternative will be identified.
We will also identify and briefly discuss alternatives considered but rejected. For example, we may mention the
original location proposed for Whistlestop (existing site near SMART station) and the reasons for rejection of that site.
If the City would like additional or different alternatives included, this can easily be arranged.
0. GROWTH INDUCEMENT AND CUMULATIVE IMPACTS
Amy Skewes-Cox will assess the growth-inducing effects of the proposed project on the general site area and the city
as a whole. The analysis will include consideration of existing and projected development patterns in the vicinity,
along with any existing land use controls that would limit growth inducement. The issue of growth inducement related
to increased housing demands associated with increased employment will be addressed. The city's housing vacancy
rate will be identified and we will discuss with City staff how this issue might best be addressed.
The cumulative impacts of the project will be addressed for each topic of the EIR. We will request information from
the City of San Rafael about other proposed or permitted projects that may not yet be developed in the area around
the site . Other projects of importance are expected to include the relocation of the Transit Center, the 755 Lindaro
project, and others that the City may identify.
P. OTHER ISSUES
The EIR team will complete the other required CEQA assessment conclusions regarding significant and unavoidable
impacts and significant irreversible environmental changes. The Administrative Draft and Draft El Rs will also include
1 No detailed traffic modeling is assumed in the proposed budget for the alternatives evaluation.
a brief review of other required CEQA topics such as Agricultural and Forestry Resources, Mineral Resources, and
Population and Housing. No significant impacts related to these three topics are expected .
TASK 9. PUBLIC REVIEW DRAFT EIR
After receiving City comments, we will make any final changes to the Administrative Draft EIR (ADEIR) requested by
City staff to produce the public review Draft EIR. We assume that all City comments will be consolidated into one
comment copy (to avoid conflicts among commenters). We would request that the City's CEQA attorney take part in
review of the ADEIR.
One screencheck copy of the public review Draft EIR will be submitted for City approval prior to printing. We will
submit one electronic (Microsoft Word 2010) non-write protected copy, 30 bound copies, and 1 CDs or thumb drive
with the public review Draft EIR in pdf format (including graphics). We will also identify the cost per copy if these
exceed the budget we have set aside for this task. A total of 15 CDs will be prepared for the copies to be sent to the
State Clearinghouse. A total of 30 CDs will include the appendices at the back of the Draft EIR hard copies.
TASK 10. NOTICE OF COMPLETION
We will prepare the Notice of Completion (NOC) for submittal by City staff to the State Clearinghouse and County .
Clerk. We assume that the City will submit the required number of El Rs to the State Clearinghouse. We assume that
the public review Draft EIR will be distributed to other interested parties by City staff. We can make additional CDs
and hard copies upon request. We would ask that the City file the NOC with the County Clerk; however, we can
adjust our scope of work to include this task if requested to do so by the City.
TASK 11. PUBLIC HEARINGS
Amy Skewes-Cox will attend one public hearing (four hours) with the Planning Commission during the Draft EIR
review period. She will also attend two four-_hour meetings with the Commission and two four-hour meetings with the
Council during the Final EIR and project entitlement process. Mr. Abelli-Amen and Mr. Parisi will be available to
attend three of these hearings. If requested by the City, other CEQA team members can attend hearings with a
scope amendment.
We have included a court reporter be present to record the proceedings for up to five hearings (20 hours total). In this
way, the Final EIR can address all oral comments .
TASK 12. ADMINISTRATIVE DRAFT FINAL EIR
After the public comment period for the Draft EIR, we will produce the Administrative Draft Final EIR, including an
introduction outlining the Final EIR purpose and contents, responses to all comments received during the comment
period, and a section on changes to the Draft EIR text. We will provide the City with one electronic (Microsoft Word)
non-write protected copy and five hard-copy prints of the Administrative Draft Final EIR. We assume that a rewrite
and reprinting of the entire Draft EIR will not be done, but that the Final EIR will be an Addendum to the Draft EIR.
It is very difficult to anticipate the number of comments to be received. At this point, our budget assumes responding
to up to 30 letters, or a maximum of 120 distinct comments, whichever is less. We assume that some comments can
have a standard response that is applicable to repetitive comments, and propose "Master Responses" for this
reason. The hours shown in the proposed budget are our best estimate of the time required. However, should the
comments substantially exceed our estimate, we would request that a budget adjustment be made for this task.
TASK 13. FINAL EIR
We will make any final changes to the Administrative Draft Final EIR requested by City staff to produce the Final EIR,
which will consist of the comments and responses along with revisions to specific sections of the Draft EIR text. The
Final EIR is assumed not to include all the text (as revised) of the Draft EIR. We will submit one electronic (Microsoft
Word) non-write protected copy, 30 bound copies, and 1 CD or thumb drive with the EIR in pdf format (including
graphics). At this time, we assume that City staff will distribute the Final EIR.
TASK 14. MITIGATION MONITORING AND REPORTING PROGRAM
The Mitigation Monitoring and Reporting Program (MMRP) will include all mitigation measures identified in the EIR .
The MMRP will be a stand-alone document and will also be incorporated into the Final EIR. The MMRP can be
integrated into the Final EIR.
TASK 15. DRAFT AND FINAL FINDINGS
At this time, we assume that the City's attorney will prepare the necessary Findings for adoption of the EIR. This task
is not included in our scope of work. However, we can easily add this task to our scope, assuming that legal review of
our findings would be done prior to publication.
TASK 16. NOTICE OF DETERMINATION
Once the project is formally approved by the City, we will prepare the Notice of Determination (NOD) (to be filed
within 5 days of approving the project). We assume that City staff will file the NOD with the County Clerk. However,
we can easily adjust our scope of work to include this task if preferred by the City.
TASK 17. PROJECT MANAGEMENT AND WORKING WITH
CITY AND APPLICANT'S CONSULTANT TEAM
Amy Skewes-Cox will have primary responsibility for project management, with assistance from Bruce Abelli-Amen
as her Assistant Project Manager. Project management includes the following:
□ Finalizing the contract with the client;
a Finalizing subcontracts with team members;
a Helping on background staff report information that City staff will incorporate into project staff reports, as related
to environmental findings;
i.:i Communicating with City staff and team members throughout the EIR process;
o Scheduling with team members and the client;
□ Invoicing; and
□ Disseminating project drawings and information to all team members.
Ms . Skewes-Cox and Mr. Abelli-Amen will both be available for meetings with City staff. Ongoing phone calls and
email correspondence are included in this task.
Ill. PRODUCTS, MEETINGS, AND SCHEDULE
i!I II II
A. PRODUCTS AND MATERIALS TO BE PROVIDED BY EIR CONSUL TANT
We will submit the following products to the City:
1. Draft Project Description: One electronic, non-write protected copy.
2. Administrative Draft NOP: One digital copy and five hard copies.
3. Administrative Draft EIR: One electronic (Microsoft Word 2010) non-write protected copy and five bound copies.
4. Public Draft EIR: One electronic (Microsoft Word 2010) non-write protected copy, 30 bound copies, and one
CD/thumb drive with the EIR in pdf format (including graphics). Fifteen CDs for State Clearinghouse delivery will
be provided.
5. Administrative Draft Final EIR: One electronic (Microsoft Word 2010) non-write protected copy and 10 bound
copies.
6. Final EIR: One electronic (Microsoft Word 2010) non-write protected copy, 30 bound copies, and one CD/thumb
drive with the EIR in pdf format (including graphics).
7. Mitigation Monitoring and Reporting Program: One electronic (Microsoft Word) copy as part of Administrative
Draft Final EIR and Final EIR.
8. Notice of Preparation, Notice of Completion, and Notice of Determination: One digital copy of each.
High-resolution pdf files will be prepared for all public documents (including all color and black/white graphics). For
the City's website, a low-resolution pdf file will be created for public review documents, broken into manageable
chapters for searchable text. The main PDF file will be divided into individual chapters so that the digital file can be
loaded more easily on the City's website.
8. MEETINGS AND HEARINGS
Amy Skewes-Cox will attend the following meetings:
□ Twelve 2-hour meetings with City staff
□ One 4-hour scoping meeting
□ One 4-hour Planning Commission meeting on Draft EIR
□ Two 4-hour meeting with Planning Commission on Final EIR
□ Two 4-hour meetings with City Council on FEIR
Bruce Abelli-Amen will be available to attend one-half of these meetings, ?S requested by City staff. David Parisi will
attend the scoping meeting, 3 public hearings, and 6 meetings with staff (assumed to be 2 hours each).
C. TENTATIVE SCHEDULE
Our proposed work schedule for the EIR is shown in Table 1A. Compliance with the schedule is highly dependent on
the timely submittal of the required information listed above and review comments by City staff. The schedule
assumes a start date of September 2018. At this time, we are not expecting significant unforeseen delays, However,
if the project does not terminate by December 2019, we would request a budget augmentation if unexpectP.d delays
are caused.
Table 1 B shows an optional schedule if an Initial Study is not included in the scope of work (see Section IV below).
This second schedule table shows that about 11 fewer weeks would be needed if an Initial Study were not included.
TABLE 1
Tentative Schedule for BioMarin and Whistlestop/Eden Housing EIR
Prepared August 2018
Project Start-Up with Kickoff Meeting
Startup and Preparatio·n of Project Description
City Reviews and Approves Project Description
Conduct Initial Site Visit for Team (other site visits to be held during EIR process)
Complete Notice of Preparation
City Reviews Notice of Preparation
NOP out for public review (includes 4 days for publication/distribution)
Scoping Meeting (expected to be in early Spring or late winter 2019)
Begin Administrative Draft EIR (assumes all data in hand from revised studies)
Traffic section completed and delivered to Air/Noise team
All EIR sections completed and submitted to EIR Project Manager (assumes no major new
issues raised by comments on NOP). Traffic section delivered to air/noise team 2 weeks
rior
Administrative Draft EIR Finalized Internally by Skewes-Cox team
City Staff Review Administrative Draft EIR
CEQA Teams Revises ADEIR and Prepares Screencheck Draft EIR
City Revews Screencheck Draft EIR
EIR Printed and Submitted for Public Review
!Public Review of EIR (45 days minimum)
Prepare Admin . Final EIR
City Staff Review Admin. Final EIR
Revise and Submit Screencheck Final EIR
City staff review and approve Screencheck Final EIR
CEQA Team Prepares Final EIR and MMRP for public distribution
I".
Final EIR out for public review (20 days)
Certification of FEI R ( to be determined -estimated to be Fall 2019)
Calandar
Days to
Complete
0
14
7
Ongoing
5
7
34
to be determined
14
62
36
21
14
14
3
45
21
21
14
14
14
20
7
Start
Date
1 On/2018
10/1/2018
t0/15/2018
ongoing
10/15/2018
10/20/2018
10/23/2018
10/22/2018
12/8/2018
10/22/2018
12/23/2018
1/28/2019
2/18/2019
3/4/2019
3/18/2019
3/21/2019
5/5/2019
5/26/2019
6/16/2019
6/30/2019
7/14/2019
7/28/2019
8/17/2019
I I
Completion
Date
10/7/2018
10/15/2018
10/22/2018
10/20/2018
10/27/2018
11/26/2018
10/22/2018
12/22/2018
12/23/2018
1/28/2019
2/18/2019
3/4/2019
3/18/2019
3/21/2019
5/5/2019
5/26/2019
6/16/2019
6/30/2019
7/14/2019
7/28/2019
8/17/2019
8/24/2019
Note: This schedule Is subject to revisions based on consulation with City staff through the duration of the process. This schedule assumes that revisions to address staff comments on
administrative drafts would not require substantial new analysis, and it also assumes that the project description would not be revised substantially. once it is approved by City staff.
• If NOP comments result in requiring revisions to the ADEIR, the schedule will change.
IV. ESTIMATED COSTS
■ II ii
The EIR will be completed for a time-and-expense not-to-exceed budget of $231,476 as shown in Table 2. Our
printing/reproduction budget assumes that the EIR will be no more than 250 pages and will have up to 10 color
graphics and no 11-by-17-inch graphics. If the City requests that significant appendices material (e.g., geotechnical
study) be attached to hard copies, we would request that an adjustment be made to the printing budget, which is
shown in Table 2. We have assumed production of the requested number of hard copies of documents, and full
digital copies for all documents in both Microsoft Word and pdf format. A total of 15 CDs will be provided of the Draft
EIR for submittal to the State Clearinghouse. And 30 CDs will be provided in hard copies of the Draft EIR for the
appendices material.
A 20 percent contingency budget has been recommended under "Optional Items".
We would bill the City on a monthly basis with payments due within 30 days.
Table 2 Budget for BioMarin and Whistlestop/Eden Housing Full EIR
EIRTeam
i 1 j 1 I I Principal/ I Environmental { Environmental Environmental ! I . I I ! i Principal i Planner Traffic i Traffic Traffic i Traffic • Deputy PM I Engineer Ill j Engineer II Engineer I Cultural Word
i (AS-C) I INM) (Parisi) 1 IParlsi) (Parisi) (Parisi\ i !Baseline} i (Baseline} , (Baseline) (Baseline) (LSA) i Graphics i Process. Tolal
Hrly,Rale1 $220 I $135 $245 i $165 I $130 I $105 I $220 I $175 I $160 $140 ' $135 ' $85 i $90 Hours
1. Coonllnallon with st,n 8 I ! ! ! I i ! ' i 8 $1,760
2. Review Background Information 10 i I 6 i 8 l 6 i 6 l 1i 2 2 i j 41 $7,665
J, SIie Visit 4 i i 4 l i 4 l i 4 i ! i 4 i i 20 SJ,800
4. Meellngs wilh Citv llhrouohout orocessl 24 i i 12 i l I i 12 i ! i I 48 S10,B60
5, Prepare Project Descrlollon 12 I 5 ! I I I 4 i ' i I 5 I 3 29 S4,B90
6, Scoolng Meetlng 4 ! 4 j i ! ! 4 i ! l ! ! ! 12 $2,740
7. Preoare NOP 4 ! i i ! ! 2! "i I i ! ! 1 7 S1,410
8, Administrative Draft EIR I i ! i I ! ! ! ! i i
ln~oduction 11 ! ~ i i i I l I I i 1; 2 $310
Summari 2 ! i I ! i i i ! 1 I l 1 3 S530
Prolect Description (see above) ! 5 1 ! ! ! i 21 I i ! I 1 8 $1,630
Aesthetics ! 16 i i I i i i i I ! I 2 i 2 20 S3,B70
Al:lriculb.Jral and Foresb'v Resources 1! .. I I ! I I I i I i ! 1 2 S200
Air Quafity and Greenhouse Gas Emissions I 2 i i i i ! I 4i 41 65 i j ! 2 i 2 79 $12,770
Blolocical Resources i 1i I 1 ! I j ! I ! 1 2 S310
Cultural Resources and Tribal Issues 1i i ! i ! I ~ 40 I i 1 42 $5,710
Enerav 1i 20 ! i I 1 i I ! I ! 1 22 $3,010
Geoloov and Soils 1i i I j i 1! I 16 i I 2 i 1 21 $2,940
Hazards and Hazardous Mai.rials 2' i I ! 4 j 40 i i I I 2 i 2 ! 50 SB,670
Hvdrology and Water Qua6ty 21 1 ! i i 11 I ! 20 ! 1 2 ! 2l 27 $3,610 1
Land Use and Plannlno I 20 I i ! i I ! I i i I 2 ! 2 i 24 S4,750
Mineral Resources i 1i ! ! ! I I i I I j i ! 11 2 $200
Noise i 2! i i I I ! 4! ! i sol i i 2 ! 6B 5g,900
Population/Housina i 11 I I I I I ! i I I I 1i 2 S310
Pubic Setvfc:es i 11 15 ! I ! i I i ! i ! I 11 17 $2,335 ____,
Recreation I 1! 5 I i ! i I I ! j I I 11 7 $875
TransoortaUon/Traffic I 3 j ! 18 i 16 ! 40 i 16 I I I ! j I 3 I 3 i 99 S15,115
Pubfic Utiities i 1i 20 ! I ! I I ! ! ! ! 2 i 23 $3,100
; i i I i i I ' l ! I i
Alternatives ! 8 ! I j 6 ! 10 i 6 I i I I 3 ! 3 ! 38 $5,695
CEQA Conclusion Chapt,r ' 4 I I I i I I I I i I I 1l 5 S970
Review and Editino ! 16 I 25 l I i I j i i I I I 4 ! 16 i 61 $8,675
9, Draft EIR j 24 I 15 i 41 I 8 ! 4 I 21 11 21 2 ! i 3 i 14 ! 79 $12,475
11. Notlce of Completlon 2 I I ! ! j I I I I i I ! 11 3 $530
12. Public Hearings lfor all stages) 20 ! i 12 I I 12 i I I I I i I 44 59,980
13, Admln. Draft Final EIR I 32 i 15 I BI a I 24 j 121 Bl 21 6 I 8 I 41 2 I 16 I 147 $23,245
14. Final EIR I 24 i 10 I 4 l I 12 j 4 ! 3 I j 2 I 21 4 l i 14 ! 79 $12,650
15, MltlAation Monitoring Program I 6 I 1i ! I i I I I I I i j 21 9 S1 635
16. Findings i i i i I i i I i I I I ! I 0 $0
17. Notice of Delennlnatlon ' 2' I I I I I I I I I i i 11 3 $530
18, Pnolect Manaoement ! 32 l I ! ! I ! 17 I I I I I ! 49 $10,760
TOTAL HOURS I JOD l 131 I 72 ! JB l 104 I 36 I 96 ! 48 I 77 I 110 I 52 j J2 i 103 I 1,199
TOT AL lABOR COST i $65,aso I $17,685 ! s11,s40 I $6,210 I $13,520 I $3,780 I $21,120 j n,400 I $12,320 i s15,400 I 11,020 I $2,720 i $9,210 I 1201,035 $201 035
01,;cl· c,;sts "and ~vnenses
Defiverles and Communications S100
Travel S50
Maas, Plans, Reoorts $50
Court Reoorter /American Reoortino Services); Assumes 100 oaoes oer hearina and 5 hearinos; II ls S8/oaae of transcriot and SBO oer hour labor. assumes 20 hrs. to tall $4,000
CDs for deliverv to Slate Clearinahouse and 30 CDs for aooondices of Dralt EIR $68
Report Renmduction $4,600
Subtotal Direct Costs and ExDenses $8,868
Subconsultanls Direct Costs and Soeclallsls
Parisi Trans. $200
lli~~rmenlai Consultina
$300
NWC records search feel $250
$200
nm n I Vision $6,660
IISubtota/ Subconsu/lants Direct Cosls $7,610
IITOT AL DIRECT COSTS AND EXPENSES $16,478 ... ,.,,.,-.,--n•=•• $13 963
CTTOTAL II $231,476
,. ~ . . . -' --. ·-.. .. -·--,-. -.. . -
asks
Contingency Budget S46,295
Al?.AMl"\◄R
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development-Planning Division
Project Manager: Raffi Boloyan, Planning Manager
Extension: 3095
Contractor Name: Amy Skewes-Cox; Reimbursement Agreement
Contractor's Contact: 415-203-0454
Contact's Email: amysc@rtasc.com
D FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA > $20,000; or Purchase> $35,000; or
Pub lic Works Contract> $125,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
8/16/2018
8/16/2018
8/24/2018
8/24/2018
8/24/2018
~ N/A
Or
9/17/2018
10/1/18
/b}S-)1'1'
JD/5/,~
ID/to (t~
10 /10 /1 PJ • .
REVIEWER
Check/Initial
□
□
~ LG
~ LG
~
~
RB
kJl-
ill--./'.
~ r
~
V
AGREEMENT FOR PROFESSIONAL SERVICES WITH LAK ASSOCIATES, LLC, TO
SERVE AS PROJECT PLANNER FOR THE BIO MARIN & WHISTLESTOP/EDEN
HOUSING PROJECT PROPOSED AT 999 3RD STREET
This Agreement is made and entered into this \ day of QC,tob-Gf, 2018, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LAK ASSOCIATES, LLC
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, BioMarin Pharmaceuticals, the owner of the 999 Third Street project site,
have expressed interest in pursuing a development proposal to consisting of a research and
development facility and will partner with Whistlestop/Eden Housing for a senior housing facility
with support service on the same site (the "BioMarin/Whistlestop project"); and
WHEREAS, the proposed BioMarin/Whistlestop project at 999 3rd Street, would require
planning entitlements including, but not limited to, a General Plan Amendment, Zoning
Amendment (Planned Development) Minor Tentative Subdivision, Use Permit, Design Review
Permit, and Sign Program, and
WHEREAS, given the current workload of CITY staff, the CITY has determined that
professional planning services are needed to supplement the existing staffing through assignment of
this project to an experienced planning consultant with the capacity and expe1tise to process a
project of this nature.
WHEREAS, CONTRACTOR has submitted its proposed "Approach and Scope of Work"
dated July 25, 2018, which is attached hereto as Attachment "A" and incorporated by reference
herein; and
WHEREAS, CONTRACTOR represents that it is qualified to perform such services and
is willing to perform such professional services as hereinafter defined;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY's Project Manager. The Planning Manager is hereby designated the
PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Sean Kennings is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Page 1 of9
ORIGINAL
AgTeement Tequire a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide professional services as Contract
PlanneT for the BioMarin/Whistlestop project, including but not limited to review of plans and
application materials, con-espondence with applicant and public and City staff, coordination and
management of City's review of the project, preparation of staffrep011s, analysis of the project for
consistency with adopted Plans and Ordinances, and any other tasks described in Attachment "A",
attached. These services shall be performed under the supervision of the Planning Manager, in
conjunction with the CITY's procedures for processing development entitlements ..
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone
and computer facilities. CITY shall provide CONTRACTOR with copies/sets of project plans and
materials, historical files on this development, local plans, ordinances and reports that are pertinent
to the project that has been assigned to the CONTRACTOR. The CITY shall provide
CONTRACTOR with supervision and direction on processing the development application in
accordance with local procedures.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR an hourly rate of $155.00 per hour. The billing amounts authorized under
this Agreement shall not exceed $65,000 without express written approval of the City Manager.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The te1m of this Agreement shall be for 18 months commencing on October 1, 2018 and
ending on March 31, 2020. Upon mutual agreement of the parties, and subject to the written
approval of the City Manager, the term of this Agreement may be extended for an additional period
of 12 months.
6. TERMINATION.
A. Discretionary. Either paiiy may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
Page 2 of9
B. Cause. Either party may tem1inate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of tem1ination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and ' all CITY docmnents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the pe1formance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHJP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any pm-pose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all docun1ents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
perfonnance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insm-ance policy in the minimmn amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence.
Page 3 of9
3. If any licensed professional perfon11S any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to
cover any claims arising out of the CONTRACTOR's pe1formance of services under this
Agreement. Where CONTRACTOR is a professional not required to have a professional license,
CITY reserves the right to require CONTRACTOR to provide professional liability insurance
pursuant to this section.
4. !fit employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and employer's
liability insurance with limits ofno less than one million dollars ($1,000,000) per accident for
bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically
endorsed to waive any 1ight of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR m subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance
policies shall be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and
noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form
CG20 010413.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a
waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against
CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Fann, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
Page 4 of9
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primarJ and
noncontributory basis for the benefit of CITY (if agreed to in a wiitten contract or agreement)
before CITY'S own insurance or self-insurance shall be called upon to protect it as a named
insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements
and/or limits shall be available to CITY or any other additional insured party. Furthermore, the
requirements for coverage and limits shall be : (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment oflosses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT
MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance
evidencing the insurance coverage required in this Agreement; (2) a copy of the policy
declaration page and/or endorsement page listing all policy endorsements for the commercial
general liability policy, and (3) excerpts of policy language or specific endorsements
evidencing the other insurance requirements set forth in this Agreement. CITY reserves the
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to
exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION .
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the
fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and
hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
lndemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's
obligations apply regardless of whether or not a liability is caused or contributed to by the active
or passive negligence of the City Indemnitees. However, to the extent that liability is caused by
Page 5 of9
the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City lndemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S performance of or operations under this
Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City lndemnitees their costs of defense, including reasonable attorneys'
fees, inc1med in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be perfonned by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent pem1itted by law,
indemnify, release, defend and hold harmless the City Indemnitees from and against any
CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR in the performance of its duties and obligations under this
Agreement or its failure to comply with any of its obligations contained in this Agreement,
except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In
no event shall the cost to defend charged to the design professional exceed the design
professional' s proportionate percentage of fault.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discliminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national oligin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
Page 6 of9
14 . NO THIRD-PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES .
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY's Project Manager: Raffi Boloyan, Planning Manager
City of San Rafael
TO CONTRACTOR's
Project Director :
1400 Fifth Avenue
San Rafael, CA 94901
Sean Kennings
LAK Associates
3030 Bridgeway, Suite 103
Sausalito, CA 94965
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17 . ENTIRE AGREEMENT --AMENDMENTS .
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
Page 7 of9
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the tenns and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the tenns and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any tenn, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES .
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE/ OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work perfmmed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
Page 8 of9
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
By:~
Name: 4~ f~IN65
Title: f2 pm (}ve:YL
ATTEST: i1C'BC~
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
Exhibit A: LAK Associates Planning Services for BioMarin/Whistlestop Project -999 3rd
Street
Page 9 of9
City of San Rafael July 25, 2018
Approach and Scope of Work
LAK Associates, LLC is pleased to submit this Scope of Work for the management and oversight
of the BioiVlarin/Whistlestop 999 3 rd Street project application and Environmental Impact
Report (EIR). As planners we are sensitive to our clients' objectives for creating and
maintaining a superior and legally defensible document. Our focus is to make the
environmental analysis and report preparation run as smoothly and timely as possible. We will
work with the Applicant and the City of San Rafael to comprehensively and expeditiously
prepare the project review and management, including preparation of staff reports, noticing,
presentations and oversight and r"eview of the EIR preparation.
We will review the available background information, including all materials on file, plans and
supporting data as well as reports prepared by City staff. If there are any critical gaps in the
data, we will identify the methodologies required to obtain the necessary materials. We will
then identify the necessary steps to achieve project approval and schedules required to gain
these approvals. Working with the city staff, we will strive to create an efficient and
appropriate work plan to satisfy both the applicant and the greater San Rafael community.
LAK Associates will work with Raffi Boloyan of the City of San Rafael to achieve the EIR timeline
and submittal deadlines. Working with the appropriate members of City staff, LAK will
coordinate review and approval efforts to ensure a streamlined permitting process. LAK will
also assist the environmental consultant to help coordinate with local community leaders to
receive input and support during the preparation of the EIR. This scope of work assumes a
project timeline of approximately 18 months.
For the 999 3rd Street project, LAK Associates would perform the following general services:
• Review of the City's General Plan, Zoning Ordinance, SRCC PD, reports and other
background materials relevant to the proposed development site, including relevant
existing or proposed projects within the City and Marin County.
• Review of proposed development plans and application materials prepared by
applicant.
• Meetings with the Bio Marin design team, as directed by City of San Rafael.
• Meetings, as directed by the City of San Rafael, from time to time, with City staff,
federal, state and local agency staff, interested stakeholders, including special interest
groups and individuals to further the objectives of the applicant.
• Meetings with the BioMarin Project Team, as directed by the City of San Rafael, to
review administrative drafts for CEQA and other environmental documents prior to
public notice and comment periods.
• Telephone and electronic communication, as necessary, to facilitate the project
application process.
• Assistance in the identification, selection and management of environmental
consultants, as directed by City of San Rafael and applicant.
Attachment A
City of San Rafael July 25, 2018
• Written staff reports, memoranda, letters, and other documentation, as requested by
the City of San Rafael.
• Oral presentations, as required.
• Other, unspecitied services, as requested by City of San Rafael.
Task 1.0 -Provide Planning and Project Management
1.1 Assist Applicant to revise and refine application based on City of San Rafael's
development standards and design guidelines, staff recommendations and community
input. Schedule, prepare and help facilitate public hearings or meetings for draft
project review and determination.
Products:
Schedule:
Project Description: 20 -50 hours
Months one and two
1.2 Provide overall planning review and management of application. Conduct application
review, prepare internal City referrals, staff report preparation and noticing and
presentations to the Design Review Board, Planning Commission and City Council, as
needed.
Products:
Schedule:
Staff Reports, Noticing, Public Hearings: 100-150 hours
Ongoing
Weekly or bi-weekly status reports, in electronic mail format, can be submitted to the Applicant
planner for review and discussion. Monthly status reports, using the format developed by the
City of San Rafael, will submitted to the appropriate staff contact for review and discussion.
Action items, with responsibilities and schedules will be included with both types of reports.
Draft and final documents will be submitted to City Staff in Microsoft Word format, Adobe PDF,
or compatible files as determined by the City. In addition, all printed materials will be prepared
in the most appropriate format to permit ease of photocopying, as defined by the Planning
Department.
Environmental Impact Report Coordination and Oversight
The EIR process could take between 8 to 12 months and LAK will work with City staff to oversee
deliverables. LAK would provide the following services:
Task: 2.0 -Preparation of EIR -6 to 8 months
2.1 Assist City of San Rafael with selecting an environmental consultant, as needed.
Coordinate with environmental consultant to develop schedule of deliverables. Ensure
finished reports are circulated within City of San Rafael departments for review and
City of San Rafael July 25, 2018
comment. LAK would facilitate periodic meetings to review status of EIR. Prepare
comments and review final Ad min Draft EIR.
Product:
Schedule:
Meeting:
Admin Draft EIR: 40 hours
Four to Six Months
BioMarin/San Rafael comment review meeting
2.2 Review screen-check Draft EIR and provide feedback prior to Draft EIR release.
Schedule and facilitate public comment hearing for Draft EIR comments.
Product:
Schedule:
Meeting:
Public Comments: 10 hours
Two weeks for Screen Check review: 45 days for public comment
Public Comment Hearing
2.3 Facilitate review/evaluation of public comments. Coordinate/facilitate consultants'
meeting to receive/review comments. Maintain schedule for preparation of responses
to comments and review draft responses to comments.
Product:
Schedule:
Administrative Draft Final EIR: 20 hours
Two weeks to four weeks
2.4 Review the Administrative Draft Final EIR and prepare draft comments for internal
review. Coordinate with inter-City and State agencies to review and provide
comments. Manage environmental consultant in preparation and printing/distribution
of Draft Final EIR. Coordinate/facilitate public hearing(s} on Draft Final EIR.
Product:
Schedule:
Review BioMarin/City Comments: 20 hours
Two to three weeks for Adm in Final Draft EIR
2.5 Review screen-check Final EIR and provide feedback prior to Final EIR release.
Product: Screen Check Comments: 10 hours
Schedule: Two weeks for Screen Check review
2.6 Manage environmental consultant in preparation of Final EIR. Manage environmental
consultant in distribution of Final EIR. Manage certification of Final EIR and
manage/prepare findings. Manage approval process for Final EIR. Prepare/distribute
Notice of Determination (NOD).
Product: Printed Final EIR, NOD: 10 hours
Schedule: Two to four weeks
Meeting: Planning Commission/ City Council Hearing
City of San Rafael July 25, 2018
BUDGET AND HOURLY BILLING RATES
Based on the level of effort required to manage and oversee the proposed project, LAK
Associates w011ld contr;:ic:t ;:it a rate consistent with a Senior Planner or Senior Project Manager.
As such, the current billing rates for LAK Associates is listed below. The rates shown include all
individual costs, including administrative time and time spent in hearings, workshops and
meetings. Extra Services, as requested and/or authorized by the Planning Manager, will be
charged at the rates shown below. Travel expenses will comply with the schedule developed by
the City of San Rafael. Only out-of-pocket travel related expenses, including fuel and pre-diem
costs, will be charged to this project.
Team Member
Sean Kennings
755 Lindaro Permit Extension:
Billing Rate/Hour
$155
Conceptual DRB and Planning Commission:
Pre-App Environmental Review RFP Preparation:
Planning Review and Coordination:
EIR Coordination and Review:
$1,551
$9,067.50
$3,022.50
200-hours -not to exceed $31,000
120-hours -not to exceed $18,600
Total Not to Exceed: $65,000
LAK Associates already carries the level of insurance required by the City of San Rafael.
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development-Planning Division
Project Manager: Raffi Boloyan, Planning Manager
Extension: 3095
Contractor Name: LAK Associates, LLC (Sean Kennings)
Contractor's Contact: (415) 533-2111
Contact's Email: sean@lakassociates.com
D FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA > $20,000; or Purchase> $35,000; or
Public Works Contract> $125,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Revie,w and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
8/16/2018
8/16/2018
8/22/2018
8/17/2018
8/24/2018
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REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into this September 20,
2018 ("Effective Date"), between BioMarin Pharmaceutical Inc. ("Developer"), and the
CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of
the State of California ("the City").
RECITALS
A. Developer is preparing to submit an application for a development proposal to add a
Research and Development facility with Senior Housing development on a portion of the site
("the proposed project").
B. Developer is considering options for the new research and development facility and senior
housing project and has not yet finalized plans for submittal.
C. Pursuant to the City's comprehensive planning and environmental review process, the City
has tentatively determined that the proposed project will require the following permits and
land use entitlements [ mark those applicable]:
[X] General Plan Amendment
[X] Zoning Change/Planned Development
[X] Minor Subdivision/Tentative Map
[ ] Major Subdivision/Tentative Map
[X] Use Permit
[X] Environmental and Design Review
[ ] Variance
[X] Sign Review/ Sign Program/Amendment
[X] Environmental Impact Report
D. Due to the current work load of the City's Community Development Department and the
aggressive timeline requested by the Developer, the City must hire a Contract Planner to
serve as "Project Planner" for this project and expedite the review of the proposed project on
the condition that Developer reimburse the City for its costs incurred in connection with
these outside vendors ("Contract Planner").
E. In addition, due to the complexity of the environmental review process and the expertise
required to comply with the California Environmental Quality Act (CEQA), the City must
hire an Environmental Consulting firm to provide CEQA guidance and prepare an
Environmental Impact Report in accordance with CEQA ("Contract CEQA Consultant"), and
City may also be required to consult with an outside law firm for expert legal advice
regarding CEQA or other applicable law ("Contract Law Firm"), on the condition that
Developer reimburse the City for its costs incurred in connection with these outside vendors.
Page 1 of7 ATTACHMENT 3
L\-S-155A
JRIGINAL
F. California Public Resource Code Section 21082.1 authorizes the City to employ a Contract
Planner and Contract CEQA Consultant to provide planning and environmental review
services, including preparation of the environmental documents required by the California
Environmental Quality Act (CEQA) for the proposed project.
G. California Government Code Section 66014, California Public Resource Code Section
21089, and San Rafael Municipal Code Section 3 .34.40 entitle the City to recover its costs of
processing the applications for the land use entitlements required for the proposed project,
including but not limited to the cost of the City's preparation and review of all required
environmental documents. Accordingly, the City is entitled to recover its Contract Planner
and Contract CEQA Consultant costs from Developer.
H. This Agreement is intended to set forth procedures and a funding mechanism for Developer's
payment of all planning and environmental consulting costs that will be incurred in
connection with the proposed project.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby
agree as follows:
TERMS OF REIMBURSEMENT AGREEMENT
1. Recitals Incorporated. The foregoing recitals are incorporated into this Agreement.
2. Reimbursement. The City will contract directly with Contract Planner and Contract CEQA
Consultant to provide planning and environmental consulting services for the proposed
project. Developer agrees to reimburse the City for all Contract Planner and Contract CEQA
Consultant costs that the City incurs which are related to the proposed project. The Contract
Planner costs may include charges for various independent contractors working under
Contract Planner's supervision (for example, traffic engineering consultants, biological study
consultants, etc.). Developer agrees that the Contract Planner and Contract CEQA
Consultant reimbursement charges will be separate and are in addition to the City's other
processing and development fees to be charged to and paid by Developer pursuant to San
Rafael Municipal Code Section 3.34.40.
3. Project Reimbursement Account. The contract amount of the proposed project includes two
separate contracts, one for Contract Planner and one for Contract CEQA consultant.
A.The initial contract amount of the Contract Planner is $65,000 ("the Contract Amount").
Developer shall pay 50% of the Contract Amount ($32,500.00) to the City within 30 days
of receiving the City's request, for deposit to a non-interest-bearing Reimbursement
Account that will be created by the City's Finance Department for the proposed project.
This amount does not include the planning application submittal fees that would be
required for this project and are required to cover City staff time associated with oversight
and supervision of the Contract Planner. The application fees will be based on the scope of
the project, once finalized by the Developer, but may include General Plan Amendment,
Planned Development/Rezoning, Minor Subdivision, Use Permit, Design Review Permit,
Page 2 of7 ATTACHMENT 3
and Sign Program. These application fees shall be paid at the time of submittal of the
formal applications and shall be paid by a separate check.
The City will hold Contract Amount funds in the Reimbursement Account and charge
invoices received from Contract Planner against the Reimbursement Account. The City
will provide Developer with copies of all such invoices, however, Developer agrees that
the City may redact portions of the Contract Law Firm invoices to protect the City's
attorney-client privilege. Within 30 days of Developer's receipt of the City's written
notice that the Reimbursement Account has been reduced to a balance of less than
$10,000.00, Developer agrees to pay the remaining 50% of the Contract Amount
($32,500.00) to the City to replenish the Reimbursement Account. Developer agrees to
continue making such payments until the City is reimbursed for all the Contract Planner
costs related to the proposed project. The City will hold any funds remaining in the
Reimbursement Account until the City's processing of the proposed project is completed.
Although the Reimbursement Account is primarily intended to fund the costs related to
Contract Planner, Developer agrees that the City may collect any unpaid development fees
and charges related to the proposed project from the funds in the Reimbursement
Account. Any remaining funds in the Reimbursement Account after payment of all fees
and costs related to the proposed project shall be refunded to Developer.
B. The initial contract amount (including optional tasks and contingencies) of the Contract
CEQA Consultant is $277,771 ("the Contract Amount -CEQA"). Developer shall pay
50% of the Contract Amount ($138,885.50) to the City within 30 days of receiving the
City's request, for deposit to a non-interest-bearing Reimbursement Account that will be
created by the City's Finance Department for the proposed project. This amount does not
include the 25% EIR administrative fee that is required to cover City staff time associated
with review of EIR and administration of contract. This 25% administrative fee
($69,442.75) shall be paid at the time of submittal of the fund for the Initial Study/EIR
contract and shall be by a separate check.
The City will hold Contract Amount funds in the Reimbursement Account and charge
invoices received from Contract CEQA Consultant Firm against the Reimbursement
Account. The City will provide Developer with copies of all such invoices, however,
Developer agrees that the City may redact portions of the invoices to protect the City's
attorney-client privilege. Within 30 days of Developer's receipt of the City's written
notice that the Reimbursement Account has been reduced to a balance of less than
$10,000.00, Developer agrees to pay the remaining 50% of the Contract Amount
($138,885.50) to the City to replenish the Reimbursement Account. Developer agrees to
continue making such payments until the City is reimbursed for all the Contract CEQA
Consultant costs related to the proposed project. The City will hold any funds remaining
in the Reimbursement Account until the City's processing of the proposed project is
completed. Although the Reimbursement Account is primarily intended to fund the costs
related to Contract CEQA Consultant, Developer agrees that the City may collect any
unpaid development fees and charges related to the proposed project from the funds in the
Reimbursement Account. Any remaining funds in the Reimbursement Account after
Page 3 of7 ATTACHMENT 3
payment of all fees and costs related to the proposed project shall be refunded to
Developer.
C. The initial contract amount of the Contract Law Firm is $0 ("the Contract Amount -
Legal"). Developer agrees to reimburse the City for all pre-approved Contract Law Firm
costs that the City incurs that are related to the proposed project. In the event City is
required to incur fees to a Contract Law Firm in connection with the proposed project,
City and Developer will enter into an amendment to this Agreement prior to any Contract
Law Firm costs being incurred, setting forth the Contract Amount-Legal, and the
reimbursement terms for such costs.
4. Automatic Withdrawal of Application. Developer's failure to make the payments required by
the provisions of Section 3 of this Agreement shall result in an automatic withdrawal of the
application for the proposed project. Notwithstanding such automatic withdrawal, Developer
shall remain responsible for all amounts due pursuant to this Agreement and shall submit the
same for payment to the City within 30 days of the City's demand for payment. After
automatic withdrawal of the application pursuant to this Section, should Developer desire to
re-apply for approval of the proposed project, City will require that Developer pay all regular
City fees then applicable to initiate processing of a new application. Should Developer fail to
make the payments required under this Agreement, or otherwise breach this Agreement, the
City will not be obligated to complete any environmental review that has been initiated with
respect to the proposed project.
5. Binding Effect of Agreement. This Agreement inures to the benefit of and binds the parties to
this Agreement and their respective agents, employees, successors, and assigns.
6. Relationship of Parties.
a. Contract Planner, Contract CEQA Consultant, and Contract Law Firm (and their agents
and employees) are not employees of the City but instead are independent contractors.
b. Contract Planner, Contract CEQA Consultant, and Contract Law Firm shall act solely on
behalf of the City and shall not be consultants to, representatives of, or agents of
Developer. Developer agrees not to communicate with or contact Contract Planner,
Contract CEQA Consultant, or Contract Law Firm (or any of their respective consultants,
agents, or employees) without prior written authorization from the City.
c. Developer agrees that this Agreement and any document executed in connection herewith
shall not cause Developer and the City to become joint venturers or partners.
d. This Agreement is made and entered into for the sole protection and benefit of the parties
and their successors and assigns and does not, nor is it intended to, create any rights in
favor of or obligation owing to any third parties.
7. No Entitlements Granted. This Agreement provides no legal or vested right to Developer to
secure approval of any development plan, any particular environmental determination under
Page 4 of7 ATTACHMENT 3
CEQA, or any particular permit or land use entitlement. Accordingly, Developer understands
and agrees that in the performance of their services, including the preparation and review of
all necessary environmental documents, Contract Planner and Contract CEQA Consultant
will be as accurate and objective as reasonably possible. The City may determine during the
course of processing of the proposed project application that final approval will require
issuance of other permits in addition to those listed in Recital B of this Agreement, due to
changes in the applicable state law, City Municipal Code, changes to the proposed project, or
otherwise. Due to the nature of the required environmental and planning review, the City
cannot predict with accuracy the total costs that the City will incur and charge to Developer
concerning the proposed project. Developer agrees that it has not relied (and will not rely)
on any estimates that the City may provide in this regard.
8. Notices. All notices required or provided by this Agreement shall be in writing and delivered
in person or sent by certified mail, postage prepaid, return receipt requested, to the principal
offices of the City and Developer. Notice shall be effective on the date it is delivered in
person, or the date when the postal authorities indicate the mailing was delivered to the
address of the receiving party indicated below:
Notice to the City:
Raffi Boloyan, Planning Manager
City of San Rafael -Community
Development Department
PO Box 151560
San Rafael, CA 94915-1560
Notice to Developer:
Eric Davis
General Counsel
BioMarin Pharmaceutical Inc.
105 Digital Drive
Novato, CA 94949
9. Indemnification. Defense and Hold Harmless. With respect to any claim, action, or
proceeding arising from this Agreement, Developer agrees to defend and indemnify the City
and hold it hannless against all damages, costs and fees that may be incurred by the City.
10. Amendments. No amendment of this Agreement shall be valid or binding unless made in
writing, duly authorized, and signed on behalf of both parties.
11. Administrator. The City employee with responsibility for administering this Agreement is
Raffi Boloyan, Planning Manager, or other employee as may be designated by the City's
Community Development Director.
12. Integration Clause. This Agreement constitutes the full, final, complete and entire agreement
between the parties with respect to the subject matter of this Agreement, and there are no
other terms, obligations, covenants, representations, statements, or conditions except as set
forth in this Agreement. No change or amendment to this Agreement will be effective unless
in writing and signed by the parties to this Agreement. Failure to insist upon strict
compliance with any term or provision of this Agreement will not be deemed to be a waiver
of any rights under a subsequent act or failure to act. This Agreement specifically supersedes
all prior agreements between the parties with respect to the subject matter of this Agreement.
Page 5 of7 ATTACHMENT 3
13. Severability Clause. Should any portion of this Agreement be declared void or
unenforceable, such portion(s) shall be considered independent and severable from the
remainder, and the validity of the remainder shall remain unaffected.
14. Headings. The section headings contained in this Agreement are inserted for convenience
only and shall not affect in any way the meaning or interpretation of this Agreement.
15. Public Record. This Agreement and all non-privileged documents prepared pursuant to this
Agreement shall be maintained as public records.
16. Representation of Comprehension. In entering into this Agreement, the parties represent that
they have read the Agreement, that they have had the opportunity to review the terms of the
Agreement with counsel of their choosing, and that the terms of the Agreement are
understood and voluntarily accepted by them. If any dispute or ambiguity should arise in the
future over the terms of this agreement, neither party will be deemed the drafter of this
document.
17. Governing Law. This Agreement shall be construed in accordance with and governed by the
laws of the State of California. Any action arising out of or connected with this Agreement
shall be instituted and maintained in the Marin County Superior Court.
18. Attorneys' Fees. In any action arising out of this Agreement, the prevailing party shall be
entitled to costs (including non-statutory costs) and reasonable attorneys' fees from the non-
prevailing party or parties.
19. Counterparts. The parties may execute this Agreement in one or more counterparts, each of
which shall be deemed an original, but all of which together shall be deemed one and the
same instrument.
20. Authority. The person signing this Agreement for Developer hereby represents and warrants
that he/she is fully authorized to sign this Agreement on behalf of Developer.
IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year
first above written,
CITY OF SAN RAFAEL DEVELOPER
Jim
Printed Name: 12-ob-re .nv £3,:,t,.;,, <--?::-
Page 6 of7 ATTACHMENT 3
ATTEST:
Lindsay Lara, City Clerk
APPROVED AS TO FORM:
L~. f2 ~ . ~11-Fff
Robert F. Epstein,CityArney
Page 7 of7 ATTA CHM ENT 3
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development-Planning Division
Project Manager: Raffi Boloyan, Planning Manager
Extension: 3095
Contractor Name: BioMarin Pharmaceuticals
Contractor's Contact:
Contact's Email: shar.zamanpour@bmrn.com
D FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) & attachments to City
Atty c/o Laraine .Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise , and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA > $20,000; or Purchase> $35,000; or
Publ ic Works Contract> $125,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
N/A
8/16/2018
8/17/2018
8/17/2018
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9/17/2018
10/1/18
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