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HomeMy WebLinkAboutCC Resolution 12965 (EIR Report for Target)RESOLUTION NO. 12965 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH RBF CONSULTING FOR ASSISTANCE NEEDED TO PREPARE AN ADDENDUM TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFAEL TARGET STORE PROJECT AT SHORELINE CENTER (Term of Agreement: from June 7, 2010 to June 7, 2011 for an amount not to exceed $72,940) WHEREAS, on September 9, 1993, the City Council approved a Master Plan for Shoreline Center Business Park and as part of this project the City Council adopted Planned Development (PD 165 1) Ordinance reclassifying the Business Park property from Light Industrial/Office (LI/O) District to a Planned Development District; and . WHEREAS, in May 2007, the owners of the center, Calpox, Inc, in conjunction with Target Corporation, proposed a project to construct a 137,000 square foot general merchandise retail department store and 553 parking spaces on approximately 17.4 acres of a vacant 19.42 -acre site (Parcel 6). The proposed project would require City approval of a General Plan Amendment, Planned Development District Rezoning, Use Permit, Environmental and Design Review Permit and Tentative Map; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA), the initially proposed Target store project required the preparation of an EIR; and WHEREAS, in early 2009, following completion and public review of the draft EIR (DEIR), the Target Store representatives contacted the City reporting that this project was being put on -hold due to the current, depressed economy. However, the property owner requested that the City proceed with completing and certifying the Final Environmental Impact Report (FEIR) so that the FEIR can ultimately be used for the Target Store project if and when it is re -activated or for other future projects proposed for the site; and WHEREAS, on October 19, 2009, the City Council of the City of San Rafael reviewed the Final EIR, received public testimony and certified the EIR (Resolution No. 12774) prepared for the project; and WHEREAS, on April 2, 2010, the Target project applicants reactivated their project application; and WHEREAS, the reactivated project application includes a proposal to create a second 3.62 - acre parcel and locate the Target project on the remaining 15.82 acres; and WHEREAS, according to CEQA, an Addendum to the certified FEIR would need to be prepared to address the amended project (creation of one additional parcel) and to address the recently available regulations regarding greenhouse gas (GHG) emissions; and WHEREAS, RBF Consulting has prepared a proposal for services to prepare the Addendum to the certified FEIR for this revised project, which is provided as Exhibit "A"; and WHEREAS, the proposal for services includes a not -to -exceed budget of $42,940.00, which includes completion of all necessary tasks through document certification; and WHEREAS, the developer has agreed to pay all consultant costs associated with the preparation of the EIR plus the City's EIR administration fee of 25%; and WHEREAS, staff recommends that this Resolution include a provision that authorizes the City Manager to approve an amendment to this contract agreement with a not -to -exceed additional amount of $30,000.00. Such contract amendment would require the mutual consent of all parties. With this additional provision, the Agreement for Professional Services would establish a not -to -exceed budget limit of $72,940.00, and a term ending June 7, 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 Agreement for Professional Services with RBF Consulting. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute an amendment to the Agreement for Professional Services with RBF Consulting if he determines that it is necessary and appropriate to expand the scope of services to be provided by RBF Consulting and/or the compensation to be paid to RBF for such services, provided that no such amendment shall be authorized or executed which increases the total compensation to be paid to an amount in excess of $72,940.00. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the City Council of said City held on Monday, the 7`h day of June, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF AN ADDENDUM TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFEL TARGET STORE PROJECT AT SHORELINE CENTER This Agreement is made and entered into this 70' day of June 2010, by and between the City of San Rafael (hereinafter "CITY"), and RBF Consulting, a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted its proposal 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. AGREEMENT NOW, THEREFORE, it is agreed by and between the CITY and CONTRACTOR as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Planning Manager, Paul Jensen, 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. shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Kristie Wheeler, Associate/Senior Project Manager, is hereby designated as the PROJECT 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. A. CONTRACTOR shall perform the duties and/or provide services as described in Proposal to Prepare Addendunt EIR — San Rafael Target Store at Shoreline Center, attached hereto and incorporated herein. B. Commencement. CONTRACTOR agrees to commence work immediately after the date of signing this contract. C. Completion. Tasks described in Proposal to Prepare Addendtnn EIR — San Rafael Target Store at Shoreline Center- shall be completed as set forth in the schedule outlined in Proposal to Prepare Addendum EIR San Rafael Target Store at Shoreline Center-, attached and incorporated by reference herein. 3. DUTIES OF CITY. CITY shall perform the duties and/or provide services as outlined in Proposal to Prepare Addendum EIR — San Rafael Target Store at Shoreline Center, attached and incorporated herein. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $42,940 based upon the budget shown in Proposal to Prepare Addendum EIR San Rafael Target Store at Shoreline Center, to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 10:3114u[0) V:TC]11 001:3210 The term of this Agreement shall be for one (1) year commencing on June 7, 2010 and ending on June 7, 2011, unless terminated sooner by either party as provided herein. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement shall be extended for an additional period. ti. 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 terminate 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 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 performance 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. However, use of said property by CITY for project(s) not the subject of this Agreement shall be at CITY's sole risk without legal liability or exposure to CONTRACTOR. 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. CIIINESUI 12(.yftI'MA0to) A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: A comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence 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. 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 of one million dollars ($1,000,000) to cover any claims arising out of the CONTRACTOR's negligent performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 10. A. shall also meet the following requirements: The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager: (a) Certificates of Insurance evidencing the insurance coverage required herein; and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel said insurance policies except upon thirty (30) days written notice to City's Risk Manager, except for nonpayment of premiums for which such notice shall be ten (10) days. 6. 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, to the extent that such coverage remains commercially available at reasonable rates. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 3 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including reasonable attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any negligent acts or omissions or willful misconduct of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 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. 1:1. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with 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. 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: Paul Jensen Planning Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Kristie Wheeler Senior Project Manager RBF Consulting 500 Ygnacio Valley Road, Suite 270 Walnut Creek, CA 94596-3847 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. 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, 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. 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 term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 5 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. CONTRACTOR's taxpayer identification number is 952-24-7293, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 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 K QR _ City a ..... E ORDHOFF, Ci a g `" • lite.—C. . ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROB EPSTEIN, City Atto 'ey CON' CTOR B Name: Garrett Gritz ,- Title: Senior Vice -President E I II13ITS: Proposal to Prepare Addendum to the certified FEIR — San Rafael Target Store at Shoreline Center, May 27, 2010 Certificate of Insurance M City of Proposal to Prepare Addendum EIR San Rafael San Rafael Target Store at Shoreline Center PROJECT RBF Consulting (RBF) is pleased to submit this scope of work to prepare an UNDERSTANDING Addendum to the Final Environmental Impact Report (FEIR) certified in October 2009 for the San Rafael Target Store proposed at Shoreline Center. At the time the FEIR was certified, the planning applications for the proposed Target Store had been placed on hold but recently were re -activated and include revisions to the project plans. The proposed project would generally be the same with a 137,000 -square -foot building; however, the parcel on which the building would sit would be reduced in size from 19.42 acres to 15.82 acres. The remaining 3.6 acres would be established as a separate parcel, which would contain an existing BMW storage yard and 1.5 acres of undeveloped land. In addition to the currently pending planning applications, an application for Tentative Parcel Map will be filed to create the parcel for the BMW storage yard. This map application will be accompanied by a statement of intent regarding the use of the 3.6 -acre parcel, and supportive information describing the terms and limits of the BMW lease. Target is proposing to secure a term -based easement on the remaining 1.5 acres of this parcel, which would run through the end of the BMW lease (year 2033). The 1.5 -acre area would be landscaped and maintained by Target. The project revisions propose the same building footprint and design, except that the building would be shifted northerly (toward the Canalways site) by 27 feet. Further, the proposed parking lot layout and number of spaces remains virtually unchanged, except that the amount of landscape coverage would be reduced by over one acre. SCOPE OF WORK RBF will prepare an Administrative Draft, Screencheck Draft and Draft/Final Addendum EIR for the proposed revisions to the Target Store. These documents will be prepared in accordance with the California Environmental Quality Act (CEQA) (Section 21000 et seq. of the California Public Resources Code), the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and the regulations, requirements and procedures of the City of San Rafael (City). This scope of work has been prepared pursuant to the City's request in a memorandum dated April 29, 2010, our knowledge of the proposed project and FEIR, and discussions with City staff. 1.0 ADMINISTRATIVE The Target Store FEIR will be utilized for environmental review of the revised DRAFT ADDENDUM project. However, minor changes to the site plan and creation of a new parcel EIR present circumstances that require further evaluation and review. The City is assuming that an Addendum EIR will provide the appropriate level of environmental documentation for the project if the project sponsor can demonstrate that the lease and landscape easement on the new parcel for the BMW storage yard would prevent development through the forecast year of the San Rafael General Plan 2020 (year 2020). Per the April 29, 1010 memorandum, it is assumed that the lease and easement would extend beyond this date and review of potential and speculative development will not be required. 1 Project Understanding Scope of Work CON 94LTIN0 City of Proposal to Prepare Addendum EIR San Rafael San Rafael Target Store at Shoreline Center 1.1 INITIAL STUDY RBF will prepare an Initial Study for the proposed project. In accordance with Section 15063(c)(3) of the CEQA Guidelines, the Initial Study will assist in the identifying the appropriate process to be used for analysis of the project's environmental effects. RBF will use the City's Initial Study format or Appendix G of the CEQA Guidelines, as most recently revised, and will respond to one set of City comments on the draft Initial Study. As previously noted, the City anticipates that an Addendum EIR will be the appropriate level of environmental review for the project. Should the Initial Study conclude that a Supplemental or Subsequent EIR is required, RBF will submit a revised scope of work and fee estimate. 1.2 INTRODUCTION The Introduction will provide a summary of the environmental review process for the Target Store and history that led to certification of the FEIR. It will also summarize the proposed revisions to the project and cite the applicable provisions of CEQA that support preparation of an Addendum EIR. 1.3 PROJECT DESCRIPTION RBF will work with City staff and the project sponsor to prepare a summary of the characteristics and details of the revised project. The Project Description will provide an overview of the project, describe the project location, and summarize the characteristics of the revised project. This section will also include figures depicting the regional and site vicinity, and revised project plans. 1.4 SUMMARY OF IMPACTS The Summary of Impacts section will provide a summary by topic of the environmental analysis presented in the FEIR prepared for the original project and evaluate potential impacts associated with the revised project. This section will also include a determination whether the revised project would result in new impacts or an increase in the severity of previously identified impacts. Special attention will be given to the following topic and impact areas: 1.4.1 Aesthetics The revised project proposes moving the building 27 feet northerly, but no other major physical changes are proposed. To support the analysis provided in the FEIR and address the relocation of the building, an additional visual simulation will be prepared along with a written text describing the amount of view loss/view retention from the Shoreline Park Band. RBF will work with City staff to deterniine the location where the photo will be taken for the additional simulation. In addition, RBF will amend the visual simulations in the FEIR to demonstrate resulting conditions without landscaping and provide written text verifying the extent of landscape maturity shown on the FEIR simulations. 2 Project Understanding ft. Scope of Work CONSULTING City of Proposal to Prepare Addendum EIR San Rafael San Rafael Target Store at Shoreline Center 1.4.2 Air Quality RBF will address changes that have occurred to the CEQA Guidelines since certification of the FEIR with respect to air quality impacts and the effects of greenhouse gas emissions on global climate change. RBF will utilize the California Air Pollution Control Officers (CAPCOA) CEQA and Climate Change White Paper (White Paper) (January 2008) and the California Air Resources Board (CARB) Climate Change Proposed Scoping Plan (Scoping Plan) (October 2008) to provide background information on the effects of climate change. In regards to thresholds, RBF will utilize the proposed thresholds set forth by the Bay Area Air Quality Management District (BAAQMD), which establish limits based upon a quantitative threshold or Service Population metric. RBF will update the inventory of GHG emissions (i.e., nitrous oxide, methane and carbon dioxide) from both direct and indirect sources. Direct sources include emissions from construction activities, area sources, and mobile (vehicle) sources. Indirect GHG emissions are generated by incremental electricity consumption and waste generation. The emissions inventory will be compiled consistent with the methodology prescribed by CARB in the Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories (September 28, 2008), as well as the URBEMIS model (v. 9.2.4). In response to Executive Order 5-13-08 (2009 California Adaptation Strategy), RBF will identify and analyze the indirect impacts to the revised project from anticipated climate change. Such impacts include rising sea levels, public health threat caused by higher temperatures and more smog, damage to agriculture, habitat modification and destruction, higher risk of fires, and increased demand for electricity. 1.4.3 Biological Resources WRA will assist RBF in the discussion of biological resources in the Addendum EIR. The revised project proposes moving the building 27 feet northerly toward the Canalways site, which contains a seasonal wetland. The reduced landscape setback and buffer will be reviewed by WRA for compliance with the San Rafael General Plan 2020 wetland setback policies and a qualified biologist will assess the reduced setback to determine if there are changes to the impacts identified in the FEIR to biological resources. 1.4.4 Hazan•ds annd Hazardonrs Maten•ials RBF will review information to be provided by CSS Environmental regarding the chemical constituents of leachate from the former landfill present along the northern boundary of the project. In addition, the project sponsor has been requested to provide a copy of the latest quarterly report on the closed landfill. This information will be summarized and incorporated into the Addendum EIR 3 Project Understanding Scope of Work CONSULTING City of Proposal to Prepare Addendum EIR San Rafael San Rafael Target Store at Shoreline Center 1.4.5 Hydrology and Water Quality RBF will review information regarding revised impervious surface coverage and projected runoff to be prepared by the project engineer. The project engineer has been requested to: a) prepare a drainage plan indicating infrastructure design and direction of runoff; and b) demonstrate compliance with the FEIR mitigation measures specific to stormwater capacity. Of particular concern is the ability to achieve on-site detention, if necessary. The amount of landscape coverage has been reduced, which reduces opportunities for use of these areas for stormwater detention. The project engineer has also been requested to demonstrate compliance with the FEIR mitigation measures specific to water quality. Of particular concern is the reduction in the amount of on-site landscaping, which reduces opportunities for filtering stormwater runoff. RBF will review the information provided regarding stormwater runoff and water quality for accuracy, completeness and compliance with FEIR mitigation measures. This information will be summarized and incorporated in the Addendum EIR. 1.4.6 Traffic/Transportation The City Traffic Engineer will review the revised project and traffic analysis prepared for the original project to determine if any additional traffic study is required. It is assumed that the City Traffic Engineer will prepare a memorandum documenting that there have been no changes in conditions and the revised project including the newly -created parcel would not result in the need for additional traffic analysis. RBF will review and summarize the City Traffic Engineer's memorandum in the Addendum EIR. 1.5 CONCLUSION The Addendum EIR will include a section that summarizes the conclusion of additional analysis prepared for the revised project. As required by CEQA, this section will document that no new information of substantial importance has been identified and no substantial changes in the circumstances under which the project is being undertaken have occurred since certification of the FEIR. 2.1 DRAFT/FINAL ADDENDUM EIR 2.0 DRAFT/FINAL ADDENDUM EIR RBF will respond to two complete sets of written City comments on the Administrative Draft Addendum EIR. RBF will prepare a "Screen Check" Draft Addendum EIR with all the changes highlighted to assist with the final check of the document. 2.2 COMPLETION OF THE DRAFT/FINAL ADDENDUM EIR 4 Project Understanding Scope of Work CONSU LTINO City of Proposal to Prepare Addendum EIR San Rafael San Rafael Target Store at Shoreline Center RBF will respond to comments on the "Screen Check" Draft Addendum EIR (anticipated to only require editorial or other "non -substantive" changes) and will produce the Draft/Final Addendum EIR. 3.0 PROJECT 3.1 PROJECT COORDINATION COORDINATION AND MEETINGS RBF will establish a communication link with City staff in order to maintain an orderly flow of communication and coordination. Ms. Kristie Wheeler will be the day-to-day contact with the City. Regular correspondence between RBF and the City will help the Planning Division track the progress of the Addendum EIR. Project coordination will include telephone communications, in-person meetings, and e-mail correspondence between the City and the RBF team. 3.2 MEETINGS RBF will attend coordination meetings with City staff and public hearings with the Planning Commission and City Council. A maximum of seven meetings are included in this scope of work as follows: ■ Meetings with City staff -- four two-hour meetings ■ Planning Commission meetings two five-hour meetings ■ City Council meeting one five-hour meeting If requested, additional meetings may be attended on a time and materials basis at the direction and/or with the approval of City staff. DELIVERABLES RBF will provide the City with the following number of copies of the deliverables: ■ Administrative Draft Addendum EIR: six copies (two rounds of review) ■ Draft Addendum EIR: 50 copies, one camera-ready original for reproduction and 50 CD copies with FEIR and Appendix ■ Certified FEIR: 15 copies (optional) 5 Project Understanding Scope of Work CONSULTING San Rafael Target Store Addendum EIR Fee Estimate Project Environ. Environ. Environ. TOTAL ESTIMATED Manager Specialist Planner Analyst Graphics HOURS COST IC::dlluu�rIGl'.Ad $190 $135 $122 $97 $97 TASKS 1.0 Preparation of Administrative Draft Addendum EIR 11.1 Initial Study 4 32 36 $4,664 1.2 Introduction 2 4 6 $868 1.3 Project Description 2 4 4 10 $1,256 Summary of Impacts 0 $0 I1.4 1.4.1 Land Use and Planning 1 4 5 $678 1 1.4.2 Aesthetics 2 24 8 4 38 $4,984 1 1.4.3 Air Quality 1 4 16 21 $2,282 1 1.4.4 Biologic Resources 2 8 10 $1,356 1 1.4.5 Geology and Soils 1 2 3 $434 1 1.4.6 Hazards and Hazardous Materials 2 8 10 $1,356 1 1.4.7 Hydrology and Water Quality 2 8 10 $1,356 1.4.8 Noise 1 4 5 $678 1 1.4.9 Public Services, Utilities & Service Systems 1 2 3 $434 1 1.4.10 Transportation/Traffic 1 4 5 $678 11.5 Conclusion 2 4 6 $868 1 Subtotal Administrative Draft Addendum EIR 24 28 92 16 8 168 $21,892 2.0 Draft/Final Addendum EIR 12.1 Screencheck Draft Addendum EIR 8 2 16 2 2 30 $4,130 12 2 Completion of the Draft/Final Addendum EIR 4 8 12 $1,736 1 Subtotal DraWFlnal Addendum EIR 12 2 24 2 2 42 $5,866 3.0 Project Coordination and Meetings 13 1 Project Coordination 24 24 $4,560 13 2 Meetings 24 24 $4,560 Subtotal Protect Coordination and Meetings 48 0 0 0 0 r 48 258 $9,120 $36,878 Subtotal - Labor Cost (Excluding •. Deliverables and Direct Costs 1Admin. Draft Addendum EIR (6 copies) $150 1Draft Addendum EIR (50 hard copies and 50 CDs) $1,500 1Mileage, Phone, Postage, Graphics, Photo Copies, misc. $1,500 I Deliverables and Direct Costs Subtotal $3,150 contract administration fee :onsultant Subtotal 5/27/2010 ACORD,. CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YY) 5/28/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED RBF Consulting PO Box 57057 Irvine CA 92619-7057 INSURERS AFFORDING COVERAGE I INSURERA: Travelers Property Casualtv Co of Ameri INSURER B: Underwriters at Llovds London INSURER c: Fireman's Fund Insurance Co. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION -LTD TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDIYYI DATE IMMIDDIWI LIMITS A GENERAL LIABILITY 63050OD4092 11/30/2009 11/30/2010 I EACH OCCURRENCE $1.000.000 X COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Anyone fire) $1, 000, 000 I CLAIMS MADE I:xl OCCUR I MED EXP (Any one person) $10,000 X ,CONTRACTUAL I PERSONAL & ADV INJURY $1.000.000 X B,F.l�_XCU GENERAL AGGREGATE $ 9. _ () fl n _ n n n GEN'L AGGREGATE LIMIT APPLIES PER; I PRODUCTS - COMP/OP AGG $2.000.000 POLICYFX 1 PFr.T I fI LOC A AUTOMOBILE LIABILITY 810949613499 11/30/2009 11/30/2010 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON•OWNEDAUTOS (Per accident) _ ....... .... ..... PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS LIABILITY SSE00071722276 11/30/2009 11/30/2010 EACH OCCURRENCE $10.000,000 7 OCCUR F1 CLAIMS MADE I AGGREGATE $10.000.000 (Professional $ DEDUCTIBLE ILiability is $ RETENTION $ Excluded $ WC STA ITS I I OER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B OTHER PI099400 11/30/2009 11/30/2010 Per Claim $1,000,000 Professional Liability Annl Aggr. $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included Re: San Rafael Target Addendum EIR; RBF JN 35-101073 City of San Rafael, its officers, agents, employees and volunteers are additional insured as respects to General and Auto Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915 I ACORD 25-S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV o ACORD CORPORXTION 1988 POLICY #: 8109496B499 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: s / 2 a / 2 010 Countersigned By: Named Insured: RBF Consulting (Authorized Representative) SCHEDULE .......... ....._ ....... —............... .... Name of Person(s) or Organization(s): Any person or organization for whom you have agreed in a written contract or agreement to provide insurance but only for damages which are covered by this insurance and which you have agreed to provide in such (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 COMMERCIAL GENERAL LIABILITY 63050OD4092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKETM • " 11 (CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to Include any person or organization that you agree In a "written contract requiring insurance" to include as an additional Insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, The person or organization does not qualify as an additional Insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional Insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described In Section IIi — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: 1. The preparing, approving, or falling to prepare or approve, maps, shop draw - Ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The Insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included In the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional Insured applies only to such "bodily injury" or "property damage" that oc- curs before the and of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this Insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result In a claim. To the extent possible, such notice should include: CG D2 46 08 06 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Ill. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim Is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and II. Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the Investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to Include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the and of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 coR�® CERTIFICATE OF LIABILITY INSURANCE OP ID RC I DATE(MMIDDIYYY0) 11 05/27/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: 1 NAME: UMBRELLA LIAB H OCCUR EXCESS LIAB CLAIMS -MADE DEDUCTIBLE RETENTION $ A WOiKERSCOMPENSATION D123WO0187 AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEQ N I A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE $ AGGREGATE $ 07/01/09 07/01/101 X I `//c TORY sMITS I I ER - LIMITS ER 1 EL EACH ACCIDENT $ 1000000 1 EL DISEASE - EA EMPLOYEE $ 1000000 EL DISEASE-POLICYUMIT $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: San Rafael Target Addendum RIR; RBF JN 35-101073 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITSARA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael AUTHORIZED REPRESENTATIVE 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560-t�11� q, n; n `— V1 aKCORD`CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD PHONE tAA Ext): (AIC, Not: United Captive Ins. BrokersMkNo. 17151 Newhope St., Ste 211 I ADDRESS: Fountain Valley CA 92708 I PRODUCER CUSTOMER ID #: RBFCO-1 Phone:714-708-4370 Fax:714-708-2300 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: V.S. Fidelity and Guaranty Co. 25887 RBF Consulting INSURER B: 14725 Alton Parkway Irvine CA 92618 IINSURERC: INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSR ,VIVO POLICY NUMBER (ulml MMIDDIYYYY) (MM/DD%YY tYY) I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAL GENERAL LIAB1 TY UAMNIit I U 111-N I tU $ PREMISES (Ea occurrence) CLAWS -MADE _ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ IGENERAL AGGREGATE $ COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - POUCY n JECT F7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) — ANY AUTO I BODILY INJURY (Per person) $ ALL OWNED AUTOS — BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ H RED AUTOS (Per accident) NON -OWNED AUTOS I $ UMBRELLA LIAB H OCCUR EXCESS LIAB CLAIMS -MADE DEDUCTIBLE RETENTION $ A WOiKERSCOMPENSATION D123WO0187 AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEQ N I A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE $ AGGREGATE $ 07/01/09 07/01/101 X I `//c TORY sMITS I I ER - LIMITS ER 1 EL EACH ACCIDENT $ 1000000 1 EL DISEASE - EA EMPLOYEE $ 1000000 EL DISEASE-POLICYUMIT $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: San Rafael Target Addendum RIR; RBF JN 35-101073 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITSARA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael AUTHORIZED REPRESENTATIVE 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560-t�11� q, n; n `— V1 aKCORD`CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD