HomeMy WebLinkAboutCC Resolution 12909 (Recreation Facility at Airport EIR)RESOLUTION NO. 12909
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT NO.4 TO THE
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LAMPHIER-
GREGORY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
THE RECREATIONAL FACILITY AT THE SAN RAFAEL AIRPORT PROJECT
(Agreement Term: February 1, 2010 through February 1, 2011,
amount not to exceed $307,961.00)
WHEREAS, on October 16, 2006, the City Council adopted Resolution No. 12137
approving an Agreement for Professional Planning Services with Lamphier-Gregory for preparation
of an Environmental Impact Report (EIR) for the Recreational Facility at the San Rafael Airport
project. The Agreement for Professional Services established a budget limit of $124,288.00 and a
term ending on October 16, 2007; and
WHEREAS, on November 19, 2007, the City Council adopted Resolution No 12377
approving an Amendment to the Agreement for Professional Services with Lamphier-Gregory for
preparation of an Environmental Impact Report (EIR) for the Recreational Facility at the San Rafael
Airport project. The amendment was necessary to expand the scope of work to include a protocol
level clapper rail survey and additional analysis of the aviation safety section of the EIR. The
Agreement for Professional Services established a revised budget limit of $156,561.00 and a term
ending November 19, 2008; and
WIIEREAS, the City Manager and Lamphier-Gregory mutually consented to extend the term
of the agreement by four (4) months, to March 19, 2009, as provided under Section 5 of the
Agreement for Professional Services, in order to provide additional time needed to complete, review
and revise the Administrative Draft EIR for certification; and
WHEREAS, on March 16, 2009, the City Council adopted Resolution No 12665 approving
Amendment No. 3 to the Agreement for Professional Services with Lamphier-Gregory for
preparation of an Environmental Impact Report (EIR) for the Recreational Facility at the San Rafael
Airport project. The amendment was necessary to cover costs for additional work required to
complete the EIR. The additional work included completing further analysis in various sections of
the DEIR to address comments resulting from staff's review of the administrative draft of the
document, to provide additional analysis that was not previously included in the scope but required
to analyze greenhouse gas and climate change impacts, and to attend an informational meeting on
the Draft EIR. The Agreement for Professional Services established a revised budget limit of
$210,641.00, which included a $10,000 unfunded contingency amount for preparation of the Final
EIR and response to comments, and a term ending March 19, 2010; and
Wl IEREAS, Lamphier-Gregory has submitted an additional budget amendment request to
complete the Final EIR, in the amount of $57,320.00, to cover additional work deemed necessary to
prepare adequate responses to the comments received on the Draft EIR, as required under the
California Environmental Quality Act (CEQA), and complete the Final EIR. The previous contract
anticipated this effort would cost up to $20,000.00, of which $10,000.00 was funded. A $10,000.00
contingency amount was included should comments on the draft EIR exceed anticipated volume and
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complexity. The large volume and detailed character of comments received on the Draft EIR has
exceeded the budgeted scope of work, and exhausted the initial $10,000 budgeted amount.
Additional work would exceed the $10,000 contingency amount thereby necessitating a contract
amendment to increase the scope and obtain additional funds in the amount of $57,320.00 in order
to complete the FEIR; and
WHEREAS, staff further recommends that this contract amendment include authorization of
an additional $50,000.00 amount in the eventuality that another contract augmentation should be
required to complete the Final EIR, subject to approval by the City Manager and mutual consent of
all parties. Thus, the amended Agreement for Professional Services would establish a revised budget
limit of $307,961.00, and a term ending February 1, 2011.
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
amendment to the Agreement for Professional Planning Services with Lamphier-Gregory, in the
form attached herewith.
I, ESTHER C. BIERNE, 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 Monday, the 1St day of February 2010 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Brockbank, Connolly, Heller, Levine & Mayor Boro
None
None
"fifiti.c L. 404'ea-ec
ESTHER C. BIERNE, City Clerk
Attachment ]a.- Amendment No. 4 to the Professional Services Agreement with Lamphier-
Gregory for preparation of an Environmental Impact Report (EIR) for the
Recreational Facility at the San Rafael Airport
2.
AMENDMENT NO.4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
LAMPHIER-GREGORY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE RECREATIONAL FACILITY AT THE SAN RAFAEL
AIRPORT PROJECT
This Agreement is made and entered into this I" day of February 2010, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Lamphier-Gregory (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR has submitted an amendment to the current agreement for
the performance of services which is attached hereto and incorporated by reference herein; and
WHEREAS, CITY desires to retain CONTRACTOR to perform professional services
necessary to render advice and assistance to the CITY, the CITY's Planning Commission, City
Council and staff in the preparation of an Environmental Impact Report (EIR); and
WHEREAS, CONTRACTOR represents that it is qualified to perform such services and
is willing to perform such professional services as hereinafter defined.
NOW, THEREFORE, the parties hereby agree to amend the following sections of the
Professional Services Agreement, approved by the City Council on October 16, 2006 and amended
on November 19, 2007 and on March 16, 2009, as follows:
2. DUTIES OF CONTRACTOR.
A. CONTRACTOR shall perform the duties and/or provide services as provided in
Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget and
Schedule of Estimated Costs, Revised 10/19107 and Scope of Work and Budget Revised
February 18, 2009, as further revised in the San Rafael Airport Recreation Facility
Request for Budget Amendment for Completion of Final EIR — 1213109 attached hereto
and incorporated herein as Exhibit A.
B. Commencement. CONTRACTOR agrees to commence work immediately after the
date of the signing of this contract.
C. Completion. Tasks described in Recreational Facility at San Rafael Airport EIR —
Scope of Work and Budget shall be completed as set forth in the schedule outlined in the
original Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget
and Schedule of Estimated Costs, Revised 10119/07, and Scope of Work, Revised
February 18, 2009, and in the San Rafael Airport Recreation Facility Request for
Budget Amendment for Completion of Final EIR —12/3/09 attached and incorporated by
reference herein as Exhibit A.
1
4. COMPENSATION.
A. Budget. For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR an amount not to exceed $307,961.00, to be
compensated on a time and material basis, based upon the budget shown in the original
Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget, as revised
in Schedule of Estimated Costs, Revised 10119/07, the Scope of Work, Revised February
18, 2009, the San Rafael Airport Recreation Facility Request for Budget Amendment for
Completion of Final EIR —1213/09 (attached hereto and incorporated herein as Exhibit
A) and including a $50,000.00 contingency amount for any additional work that may be
subsequently be identified and required to complete the Final EIR (FEIR) and which is
authorized upon mutual agreement of all parties.
B. Payment. Payment will be made upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR that include the Progress Reports and
information specified in the amended contract. CITY will pay CONTRACTOR within
30 -days of receipt of an itemized invoice.
C. Contingency. The revised Budget includes a $50,000 contingency amount which is in
addition to the scope and work as amended by the San Rafael Airport Recreation
Facility Request for Budget Amendment for Completion of Final EIR — 12/3/09. The
use of the contingency budget amount shall require a separate contract augmentation
that is authorized by the City Manager for any additional work that is not included in the
current scope of work and that is deemed required to complete the project FEIR. The
contingency amount shall be used upon mutual agreement of the parties and upon
payment of contingency funds by the applicant.
5. TERM OF AGREEMENT.
The tenor of this Agreement shall be for one (1) year commencing on February 1, 2010 and
ending on February 1, 2011. Upon mutual agreement of the parties, and subject to the
approval of the City Manager and the PROJECT MANAGER the term of this Agreement
may be extended for a period not to exceed four (4) months.
All of the other provisions, terms and obligations of the Agreement for Professional Planning
Services approved by the City Council on October 16, 2006, as amended on November 19, 2007
and March 16, 2009, shall remain valid and shall be in force with the execution of this amendment.
F
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY)OF SAN RAF L CO7AN
CTOR
�,. By:l
ORDHOFF, City ager LAM HI
cipal, L p ier- regory
ATTEST:
ESTHER C. BIERNE, City Clerk
APPROVED AS TO FORM:
ROB EPSTEIN, City Attoniey
EXHIBIT A: San Rafael Airport Recreation Facility Request for Budget Amendment for
Completion of Final EIR —12/3/09
3
SAN RAFAEL AIRPORT RECREATION FACILITY
REQUEST FOR BUDGET AMENDMENT FOR COMPLETION OF FINAL EIR — 12/3/09
WORK ALREADY COMPLETED UNDER BUDGET AMENDMENT OF 2/18/09
Under the terms of the Budget Amendment of February 18, 2009, Lamphier-Gregory had
estimated that the total cost of preparation of the FINAL EIR would range from $10,000.00 to
$20,000.00. Since receipt of the public comments on the DRAFT EIR, Lamphier-Gregory staff
has expended a number of hours in staff time in reviewing all comments and coordinating
preparation of this budget amendment request with the subconsultants that have been asked to
provide assistance in responding to comments received on the DRAFT EIR.
ADDITONAL EFFORT REQUIRED TO PREPARE FINAL EIR
As the City is aware, the large volume and detailed character of the comments received on the
DRAFT EIR will require additional effort by Lamphier-Gregory and subconsultants beyond our
current scope and budget for the preparation of the FINAL EIR. We estimate that completion of
the FINAL EIR will require an additional budget of $37,750.00 for Lamphier-Gregory work as
follows:
175 hours of Project Manager time to prepare the ADMINISTRATIVE FINAL EIR in
addition to the time spent to date in reviewing comments received on the DRAFT EIR
under Task 2 of the previous scope/budget amendment of February 18, 2009 (John
Courtney will now be acting as Project Manager at a billing rate of $150.00/hour =
$26,250.00). This includes 10 hours of Project Manager time for revisions to the
preliminary Master Responses to be reviewed by City Staff prior to delivery of the
ADMINISTRATIVE FINAL EIR.
• Additional budget for one revision cycle of the ADMINISTRATIVE FINAL EIR (30
hours of Project Manager time @ $150 = $4,500.00).
• Attendance at two hearings on the FINAL EIR (John Courtney = 16 hours @ $150 =
$2,400.00).
• Project oversight (Joan Lamphier = 20 hours @ $190.00 = $3,800.00), plus $800.00 for
discussion with Mead & Hunt in relation to developing a Lamphier-Gregory response to
comments pertaining to aviation safety issues (Total = $4,600.00).
Once the comments have been organized and the preliminary Master Responses to overlapping
comments have been developed (estimated in early January 2010), City Staff will review the
DRAFT Master Responses and provide input for revisions prior to the development of additional
responses to individual comments for use in the ADMINSTRATIVE FINAL EIR.
We have not included the cost of printing the FINAL EIR, which will be completed at the Project
Applicant's expense.
,'. g{,, I c a!e. P, ,I ,"% '9'I 6 f L•SJI, :Yt 14H r,i 11, `) "• I .1;)r C 'L ) t1101. i" m i4 ci , f,4 0 1 "t,
San Rafael Airport Recreation Facility Revised Scope of Work Page 2 of 2
12/3/09
In reviewing the comments on the DRAFT EIR, we have asked our subconsultants to estimate
the level of effort that would be required for them to provide technical responses in their areas of
expertise. The following subconsultant budget estimates (totaling $19,570.00) are included in
this budget request:
• Monk & Associates is ready to prepare responses to comments related to biological
resources for use in the ADMINISTRATIVE FINAL EIR ($11,110.00, see attachment).
As indicated in Monk & Associates Task 5, revisions in response to Staff comments on
the AFEIR will be completed on a time -and -materials basis.
• Donald Ballanti is ready to prepare a quantitative response to comments related to
potential adverse air quality impacts associated with aviation operations in the vicinity of
the proposed recreation facility ($1,500.00).
• Questa Engineering Corporation is ready to prepare responses to comments related to the
condition of the levees at the site, potential flooding impacts and anticipated sea level rise
($6,150.00, see attachment).
• Geier & Geier Consulting will assist in the preparation of responses related to noise
issues ($810.00).
In addition, any Monk & Associates or Mead & Hunt attendance requested by the City at FEIR
Hearing(s) as needed would require their compensation by the City on a time -and -materials
basis.
Lamphier-Gregory and Monk & Associates will advise the City in the event that the estimated
time for completion of any task is being exceeded. Monthly invoices will include Progress
Reports which will include the percentage of each task completed during the reporting period.
If the City determines that recirculation of the DRAFT EIR is required, this would require
separate budget augmentation.
12/3/09 Reauest
COMPLETION OF FINAL EIR
Lamphier-Gregory
ADMIN FINAL EIR (delivery mid-February 20 10) $26,250.00
1 Revision of AFEIR (delivery mid-March 2010) $4,500.00
2 Hearings (April/May 2010) $2,400.00
Project Oversight $4,600.00
Lamphier-Gregory Subtotal: $37,750.00
Monk & Associates $11,110.00
Donald Ballanti $1,500.00
Questa Engineering Corporation $6,150.00
Geier & Geier Consulting $810.00
TOTAL Budget Amendment Request $57,320.00
P . r: i.ui,.:,uY1°1.11 F'®,%F,,< -,I;v I , 1 ,, , r l.t(°.¢?:, itn•r.s; 11[
MONK & ASSOCIATES
Environmental Consultants
December 3, 2009
Lamphier-Gregory
1944 Embarcadero
Oakland California 94606
Attention: Ms. Joan Lamphier
RE: Revised Proposal for Biological Regulatory Assistance for Final EIR
Proposed San Rafael Airport Recreational Facility, San Rafael, California
Dear Ms. Lamphier:
Monk & Associates, Inc. (M&A) has prepared this budget amendment request to prepare the
Final Response to Comments to address the biological comments received by the City of San
Rafael for the circulated Draft Environmental Impact Report (DEIR) prepared by Lamphier &
Gregory for the proposed San Rafael Airport Recreational Facility.
Task 1. Background Research and Literature Search
In order to adequately address the biological comments, particularly the letter prepared by Mr.
Evans of Avocet Associates, M&A will need to research and obtain copies of the references cited
in the comment letters, and review the most current scientific literature on California clapper
rails and their habitats parameters.
Associate Biologist 8 hours @ $125/hr. $ 1,000.00
Cost of Task 1: $ 1,000.00
Task 2. Prepare Response to Comments on Draft Environmental Impact Report
M&A will prepare appropriate responses for all of the biological comments on the DEIR. Our
responses would be incorporated by Lamphier & Gregory into the Final EIR. Given the volume
of comments received, the amount of time required to address these comments is greater than
originally expected; however, M&A charges on a time and materials basis through completion of
this task.
Principal Biologist 22 hours @ $149/hr.
Associate Biologist 40 hours @ $125/hr.
I Subtotal Cost of Task 2:
1136 Saranap Ave., Suite Q 4 Walnut Creek 4 California 4 94595
(925) 947-4867 4 FAX (925) 947-1165
$ 3,278.00
$ 5,000.00
$ 8,278.00
MONK & ASSOCIATES
Revised Proposal for Biological Regulatory Assistance for Final EIR
San Rafael Airport Recreational Facility, San Rafael, California
Page 2
Task 3. Coordination/Administration.
M&A is allotting time to coordinate with the City of San Rafael and/or its contractors, and
Lamphier and Gregory. Administrative tasks include contracting, billing, and budget tracking. In
addition, project management tasks include report preparation oversight.
Principal Biologist 4 hours @ $149/hr. $ 596.00
Associate Biologist 6 hours @ $125/hr. $ 750.00
Office Manager 6 hours @ $81/hr. $ 486.00
Subtotal Cost of Task 3: $ 1,832.00
Task 4. Attend Public Hearing for Final EIR
M&A will attend the Public Hearing for the final Environmental Impact Report (EIR) prepared
by Lamphier & Gregory for the proposed San Rafael Airport Recreational Facility
Subtotal Cost of Task 4:
Task 5. Response to Comment Letters
M&A will respond to City Staff comments for the final EIR.
Subtotal Cost of Task 5:
TOTAL PROPOSED ADDITONAL COST:
CONDITIONS
T&M f
$ T&M I
$ 11,110.00 f
All work performed under this agreement will be on a time and materials basis in
accordance to costs proposed herein. Task that are not completed or only partially
completed will only be billed in accordance with actual work completed and/or material
expenditures as required for the portion of work completed. No unauthorized work would
be completed without a formal request and approval from Lamphier-Gregory.
• This proposal is valid for 30 days.
MONK & ASSOCIATES
Revised Proposal for Biological Regulatory Assistance for Final EIR
San Rafael Airport Recreational Facility, San Rafael, California
Page 3
Thank you for the opportunity to prepare this proposal. If you wish to discuss this proposal
further, or anything else, please do not hesitate to call Ms. Hope Kingma at (925) 947-4867 ext.
212.
Sincerely,
Mr. Chris Milliken
Office Manager
I/We agree to the terms of this Proposal. UWe also permit work to proceed in accordance with
this Proposal. UWe agree to pay Monk & Associates, Inc., to perform the tasks proposed herein.
Payment will be made to M&A Net 30 days from the invoice date(s).
Duly Authorized Approval Signature
Title Date
MONK & ASSOCIATES
Environmental Consultants
Hourly Rates
Biologists
Principal Biologist
Principal Biologist
Principal Biologist
Associate Biologist
Associate Biologist
Senior Biologist
Sr. Project Biologist
Project Biologist
Staff Biologist
Biological Technicians
Office Manager
Sub -contracting Biologists
SCHEDULE OF CHARGES
October 2009
Field Work
$149/hour
Permitting/Liaison/Agency Negotiations
$149/hour
Testimony/Public Hearings/Affidavits
$250/hour in 4 -hour
increments.
Field/Office Work
$125/hour
Testimony/Public Hearings/Affidavits
$175/hour in 4 -hour
increments.
Field/Office Work
$115/hour
Field/Office Work
$ 97/hour
Field/Office Work
$ 91/hour
Field/Office Work
$ 81/hour
Field/Office Work
$ 81/hour
$ 81 /hour
Field Work
$ 81 to $100/hour
Any Biological Construction Monitoring in excess of 10 hours per day will be billed at
1.5 times the hourly rate.
Any Biological Construction Monitoring performed on weekends will be billed at 1.5
times the hourly rate.
Other Expenses (Flat Rates)
Per Diem: $200/day/per person (major metropolitan/Rural areas may be adjusted to
hotel rate plus $60/day)
Vehicles: 4x4 truck (off road travel): $0.70/mile
Passenger vehicle: $0.65/mile
Oversize Maps $2.00/square foot.
Color Photographs (laser printed, $2.00 per page).
Air fares: Cost plus 10 percent
Communications: Two percent of contract amount
Materials/Supplies/Permit & Fees Payments : Cost plus 15 percent
Equipment Rentals: GPS (sub -meter accuracy) $150/day. Surveillance Cameras $15/day each;
rodent traps 0.20/day each; Burrowing owl eviction doors at $2.00/day
each; medium- size mammal traps $5.00/day each. Spotlight charged at
$3.00/day. Other equipment priced on a job basis by approved proposal.
1136 Saranap Ave., Suite Q ♦ Walnut Creek # California ♦ 94595
(925) 9474867 # FAX (925) 947-1165
John Courtney
From: stemple@questaeo.com
Sent: Friday, June 05, 2009 3:46 PM
To: jcourtney@lamphler-gregory.com
Cc: Will Hopkins
Subject: San Rafael Recreation Center DEIR review
Scope of work - Peer Review and Response to Comments San Rafael Airport Recreation
Facility DEIR
Task 1. site Visit and Project Orientation - Cost $850
Task 2. Peer review of geotechnical and hydrology DEIR Sections and technical appendices
$2, 600
Task 3. Response to DEIR comments - Assuming 8 hours per section for both Will and myself
$2,600
Total Budget estimate m $6,150
John this is a bit of shot in dark since we have a through review the documents or the
majority of the comments. I did briefly examine the hydrology section of the DEIR Please
give me a call to discuss.
Sydney Temple P.E.
Principal
Questa Engineering Corporation
Suite 200
1220 Brickyard Cove Road
Pt. Richmond, CA 94807
(510) 236-6114 ext 220