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HomeMy WebLinkAboutCC Resolution 11508 (Village Loch Lomond Project EIR)RESOLUTION NO. 11500 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 ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE AT LOCH LOMOND MARINA PROJECT (Term of Agreement: from March 2, 2004, and ending March 1, 2006, for an Amount not to Exceed $246,947.00) WHEREAS, the City of San Rafael has determined that professional services are needed to provide assistance to prepare an Environmental Impact Report (EIR) for the Village at Loch Lomond Marina Project; and WHEREAS, at the City's request, RBF Consulting has submitted a proposal for professional services to provide assistance for the work described above, including a list of anticipated activities/tasks and estimated budget, and said proposal is attached to the Agreement for Professional Services as Exhibit "A;" and WHEREAS, the developer of the Village at Loch Lomond Marina Project has agreed to pay all consultant costs associated with the preparation of an EIR and the City's 25% EIR administration fee. 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 in the form attached as Exhibit "A." I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the first day of March, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: [lone JEA= M. LEO CINI, City Clerk PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE AT LOCH LOMOND MARINA PROJECT This Agreement is made and entered into this 2nd day of March, 2004, by and between the City of San Rafael (hereinafter "CITY'), and RBF Consulting (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. Associate Planner, Damon DiDonato, 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. Laura Worthington -Forbes, Vice President, 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. 1 DUTIES OF CONTRACTOR. A. CONTRACTOR shall perform the duties and/or provide services as described in Scope of Work, Budget and Project Schedule 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 Scope of Work, Budget and Project Schedule shall be completed as set forth in the schedule outlined in Scope of Work, Budget and Project Schedule, attached and incorporated by reference herein. DUTIES OF CITY. CITY shall perform the duties and/or provide services as outlined in Scope of Work, Budget and Project Schedule, attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $246,947.00 based upon the budget shown in Scope of Work, Budget and Project Schedule, to be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. TERM OF AGREEMENT. The term of this Agreement shall be for two (2) years commencing on March 2, 2004, and ending on March 1, 2006. 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. 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 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. 2 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. 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. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. 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. 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 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. 3. 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. 3 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. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 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. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 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, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 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 attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, 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. 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 4 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. ► • LIR ' :: — • 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: Damon DiDonato Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Laura Worthington -Forbes Project Director RBF Consulting 111 W. St. John Street, Suite 850 San Jose, CA 95113-1122 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. 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 952247293, 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. 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: i1. JkANN—E M. LEONCM, City Clerk CONTRACTOR By N e: ura orthington-For, e – it : Vice President EXHIBIT "A"–Scope of Work, Budget and Project Schedule, dated February 24, 2004 February 24, 2004 r, .O 40-100212 EXHIBIT "A" Ms. Kristie Richardson - Wheeler Principal Planner City of San Rafael 1400 Fifth Street San Rafael, CA 94901 SUBJECT: Final Scope of Work and Estimated Fees to Prepare an Environmental impact Report for the Loch Lomond Marina Village Project Dear Ms. Richardson - Wheeler: RBF Consulting (RBF) is pleased to have this unique opportunity to submit this final Scope of Work and Estimated Fees for preparation of an Environmental Impact Report (EIR) for the proposed Loch Lomond Marina Village Project Our final Scope of Work and Estimated Fees are based on the limited amount of information available to date, our meeting of December 1, 2003, a site visit on that same day, as well as on follow-up conversations we have had with both BAR, project architects and the project applicant, Keith Bloom. Of course, in addition to the information provided to us, our scope is also based on our experience with projects of similar size, character and complexity, as well as with the City of San Rafael's processing/entitlement procedures. As you know, RBF is a full service environmental planning, urban design, engineering and surveying firm that will provide the City of San Rafael with high quality, legally sound documentation that fully complies with the State CEQA requirements. Our background and expertise is exemplified by both our unsurpassed record of successfully defending legal challenges and our extensive record of satisfied clients. Our abilities are also highlighted by our strong technical team referenced throughout our Scope of Work, as well as our sensitivity to the community and their opportunity for input throughout the process. We understand that the project applicant has not yet submitted a formai application, and as such, much of the information that would typically be available to review for preparation of an EIR scope of work has not yet been completed, nor submitted for City review. As such, we have built in sufficient flexibility into our scope to account for areas where further technical definition and/or clarity may be warranted or required We are most excited to have the opportunity to work hand-in-hand as an extension of City staff once again. We believe we have assembled an outstanding in-house team, augmented with two separate subconsultanls to assist with those technical specialty areas that RBF does not maintain in-house, including biological resources and geotechnical resources. RBF offers the following benefits, which will be crucial factors in the successful completion of this CEQA document: ❖ Experience and Availability of our Project Management Team: The designated Principal-m-Charge/Project Manager and key technical team have directly analogous project experience and are available for impromptu as well as bi-weekly project team meetings with the City upon request Team Player: RBF will work closely with City of San Rafael as an extension of the City's Planning Staff to proactively identify project issues, assist in refining the project design to avoid environmental impacts, resolve potential conflicts and expedite the work program process. PLANNING 0 DESIGN N CONSTRUCTION 111 W. St. John Street, Suite 850, San Jose, CA 95113-1122 is 408 993.9224 ■ Fax 408.993.1600 Offices located throughout California, Arizona & Nevada ■ www R3F.conn ra--lmd.a:aper Richardson Wheeler February 24, 2004 Page 2 JN: 40-100212 td Experience in Marin County: We are intimately familiar with the needs, aspirations and issues of concern in San Rafael and Marin County due in part to our prior work on St. Vincent's, and of course, our extensive involvement in the Hamilton Army Airfield Reuse Plan and Environmental Review. Based on .this involvement, and our solid working relationship/communication process with City Staff we have positioned a complementary in-house team to manage the preparation of the EIR- Similar Project Experience. RBF has prepared numerous high profile and controversial environmental documents throughout the Bay Area, involving residential development, affordable housing, master planned communities, mixed-use and "smart -growth" communities. Most; if not all, of these projects have included complex technical issues, controversial components, sensitive environmental resources, and social/quality of life issues or regional concern that needed to be analyzed objectively and with sensitivity. Subsequent Team of Local Experts: We have augmented our team with two separate, highly skilled experts focusing on biological resources and geotechnical (geology, soils and hazards). Greg Zitney, a wildlife biologist, and Keith Bergman, an engineering geologist, will review important site issues related to biological resources and geology, seismicity and liquefaction. :• Multidisciplinary Capabilities: RBF possesses a unique in-house network of over 700 professionals in disciplines including Environmental Planning/Urban Design Services, TransportationfFraffic Engineering, Civil Engineering (including Grading, Public Works, Water/Wastewater and Hydrology), Mechanical/Electrical/Energy Engineering, Computer Aided Design and Drafting (CADD) and GIS Services, Mapping, Surveying, Aerial Photogrammetry, and Media Services, which results in a coordinated and efficient effort, with full service consulting capabilities within our firm Quality and ExIent of Products to be Provided: Our commitment to quality can be attested through the rnany professional awards received for our projects. Documentation is thorough and presentation of information is clear, concise, and understandable. RBF prides itself an the ability to provide reports with high quality, professional graphic and writing skills reflective of years of professional experience. We greatly appreciate the opportunity to submit this Final Scope of Work and Estimated Fees to you, which describes our understanding of the project, along with methodology and approach to the key issue areas. We clearly recognize the potential of this project to generate substantial community interest and debate, and as a result, the need for a fully objective, legally defensible project EIR We look forward to further meetings to discuss and refine our technical approach and work program in greater detail. If you have any questions, or require further information, please feel free to call me at (408) 993.9224, extension 119. Respectfully Submitted, Laura Worthington -Forbes Vice -President Environmental Services HACOMMOMPROPOSAL140-100212 Loch Lomand\proposal _Covlet-W-022404.doc City of San Rafael Loch Lomond Village Marina EIR FWF CONSULTING Table of Contents Section 1: Project Understanding and Approach Section 2: Scope of Work Section 3: Schedule Section 4: Fee Proposal Section 5: RBF Management Plan Section 6: Relevant Experience and Qualifications - TABLE OF CONTENTS City of San Rafael Loch Lomond Village Marina EIR Project Understanding RBF Consulting is pleased to submit this proposal to prepare an environmental impact report (EIR) for the proposed Loch Lomond Village Marina Project in San Rafael. The project involves mixed-use developmi City of San Rafael Loch Lomond Village Marina E1R geologist. These outside experts are familiar with the site and San Rafael, and will review biological resources and geology, seismicity and liquefaction, respectively. RBF is well qualified to prepare environmental documents, for the Loch Lomond project because we have performed numerous studies in San Rafael as well as a large number of marina and residential development projbcts. These projects and the staff who worked on them are detailed in a later section of the proposal. Approach Our approach to this project is to provide this preliminary proposal and budget based on our conversations with the city and the applicant, a site visit and cursory review of the preliminary site plan. Once we have had the opportunity to review the applicant's studies, we will evaluate their CEQA adequacy and identify any needed augmentation to meet the requirements of CEQA. At that time, we will prepare a revised supplemental scope of work and budget for the ADEIR. This will necessarily have to await the completion of all the applicant studies, some of which will not be available until the end of January. In order to get the process going, RBF will undertake those tasks that do not require further developer input, once we are authorized to proceed. For example, collecting base line data developing the project description, public scoping, legal notices, analysis of plans and policies, developing alternatives and, planning the report graphics could be undertaken at authorization to proceed. cowsu�riwc SECTION 1: PROJECT UNDERSTANDING AND APPROACH City of San Rafael Loch Lomond Village Marina EIR The following proposed scope of work has been prepared pursuant to the information received from the Community Development Department of the City of San Rafael and our knowledge of site issues. Upon- Approval of the "draft scope" by the City, RBF will refine the Scope of Work, based on discussion and direction provided by the City. The Draft EIR, Final EIR and related work products will be prepared in accordance with the criteria, standards and provisions of the California Environmental Quality Act of 1970 (CEQA), Section 21000 et seq. of the Public Resources Code and the State CEQA (California Code of Regulations Section 15000 et seq.), and the regulations, requirements and procedures of the City of San Rafael. TASK 1 - PROJECT INITIATION 1.1- Kick -Off Meeting RBF's team will meet with the City and its invitees to hold the kick-off meeting at which time we will discuss the scope of work, obtain technical and background reports and data and describe our work plan. We will seek City input and modify our approach as requested. 1.2 - Review Applicant's RBF and our two technical subconsultants will review the applicant's Studies studies and project plans, and will assess their adequacy for environmental review. If there are shortcomings or omissions, these will be identified. In consultation with the City, we will determine how best to provide the needed information. If it is determined that RBF is best suited for these tasks, we will prepare a revised scope of work, schedule and budget to ensure completion of the needed technical analysis. 1.3 - Prepare Project RBF will prepare a project description adequate for environmental review Description and will submit the description for City and applicant review. RBF will then revise the project description for inclusion in the Draft EIR. 1.4 - Agency Consultation RBF will consult with the relevant public agencies with authority over the project including the Community Development Department, the Dept. of Public Works, BCDC, RWQCD, the U.S. Corp of Engineers, the California Dept. of Fish and Game and others. While these are responsible agencies under CEQA, there is considerable value in seeking their views on the project in an informal setting early in the process. 1.5 - Scoping Session RBF will coordinate with the City to schedule and conduct a public scoping meeting to discuss the environmental review process and obtain public input on the project. RBF will present the CEQA process and organize written and verbal comments on the project for the project archive. 111—.. comsu LTING SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR 1.6 — Initial Study RBF will prepare a brief Initial Study (IS) for the project. The IS will explain why certain topics will not cause significant impacts and thus will not be addressed in the EIR. The IS will make brief reference to topics that could have significant impacts and thus will be addressed in the EIR. TASK 2 — ADMINISTRATIVE DRAFT EIR 2.1 — Introduction and Purpose The Introduction will cite the provisions of CEQA and the City of San Rafael's CEQA implementation procedures to which the proposed project is subject. This section will identify the intended uses of the EIR, agencies that may rely on it, purpose of the EIR and statutory authority, summary of the scoping procedures, and summary of the EIR format, listing of responsible and trustee agencies and documentation incorporated by reference. 2.2 — Executive Summary RBF will provide an Executive Summary for the EIR including a project summary, an overview of project impacts, mitigation measures and levels of significance after mitigation, summary of project alternatives, areas of controversy and issues to be resolved. The Executive Summary will be presented in a columnar "matrix" format. 2.3 — Impact Analysis The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area, identify short-term and long-term environmental impacts associated with the project and their levels of significance. Feasible mitigation measures will be recommended to reduce the significance of impacts and the resulting level of significance will be identified. The environmental documentation will assist in identifying constraints, modifications and design improvements, which may be incorporated into the land planning and/or architectural design process. This section will include analysis for the following environmental issue areas. 2.3.1— Plans & Policies RBF will analyze the project's relationship to key plans and policies, including: ❖ San Rafael General Plan Update 2020; ❖ San Rafael Zoning; ❖ BCDC use, site plan, access and other requirements; ❖ Dept. of Fish & Game; ❖ Corp of Engineers; and ❖ Regional Water Quality Control Plan. Some of these will be reviewed under the CEQA topic to which they pertain. 2.3.2 — Land Use RBF will be responsible for addressing the land use impacts of the proposed project. This will include: Land use mix on site; CONSULTING SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR ❖ Residential density; Land use compatibility; Site plan characteristics; ❖ Circulation by pedestrians, vehicles and bicyclists; and Relationship to surrounding land uses. rE 2.3.3 - Urban Design RBF will assess the urban design opportunities of the site in relation to the features of the proposed project. The following topics will be addressed: ❖ Responsiveness to city policies; ❖ Responsiveness to BCDC's waterfront development guidelines; ❖ Access to the waterfront; s� Creation/maintenance of view corridors; s• Effective linkage of open space and recreation spaces; ❖ Architectural quality of building prototypes; Height and bulk of buildings; ❖ Vehicle/pedestrian conflicts in site plan; Quality of landscape design; and ❖ Relationship to adjacent areas. 2.3.4 — Visual Quality RBF will review the computer simulations of the visual impacts of the project prepared by the applicant's consultant, with respect to the following: ❖ Appropriateness of the vantage points; ❖ Accuracy of representing the viewshed; ❖ Accuracy of representing the project's height, bulk and detail; ❖ Accuracy of representing landscaping; ❖ Percent of viewshed altered or blocked; and Significance of viewshed changes. 2.3.5 - Housing & RBF will research and discuss the demographic and housing aspects of the Demographics project with respect to the following: ❖ Relationship to the Housing Element; ❖ Who the housing is intended to serve; ❖ Housing Need and Demand in San Rafael; ❖ Affordability; and ❖ Density. 2.3.6 - Trak & Parking RBF will peer review the traffic report generated by the applicant's consultant (W -Trans) as a preliminary indication of the work that will be necessary to complete the Circulation Section for this Draft EIR. In addition, traffic reports prepared for other projects in the vicinity of the proposed project and mitigation required of them will be reviewed. If appropriate, analysis and information in such reports will be used in lieu of performing new analyses. Upon completion of the reviews, the traffic scope and fee may need to be adjusted. FEW CONSULTING RBF will assess transportation impacts that relate to (1) existing plus project levels of service and (2) future plus project level of service. In addition, the proposed parking scheme will be reviewed to ensure that there are adequate, SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR but not excessive, numbers of parking spaces. Because of the project's mixed use, it is important to address circulation and how the project will accommodate pedestrian needs. Based on the analysis performed, improvements or modifications to parking and circulation will be recommended. f 2.3.7 — Air Quality RBF will assess the potential air quality impacts related to the implementation of the proposed project. RBF will review the project application to outline any deficiencies in the information required to conduct the air quality analysis. RBF will discuss potential impacts of the proposed pr6ject upon climate and air quality, addressing: ❖ Temporary construction emissions (including dust generation and vehicle emissions and their effect on adjacent land uses); Long-term emissions from operations associated with daily vehicle travel and energy consumption; and ❖ Possible odors. If sufficient construction details are available, RBF will quantify daily and quarterly construction emissions using APCD methodology and URBEMIS7G. Appropriate mitigation measures will be provided, including a discussion of project design features that could reduce air quality impacts, mitigations for construction -related air quality impacts, and mitigation for operational air quality impacts (including TDM measures for mobile emissions and BACT measures for stationary sources). RBF will also perform a screening analysis to determine if CO emissions modeling is needed. 2.3.8 — Noise RBF will review the noise report prepared by the applicant's consultant to assess the potential noise impacts related to the implementation of the proposed project. This will include: ❖ Potential short-term noise impacts associated with construction activities; ❖ Potential long-term changes in noise levels due to project -generated traffic; and ❖ Proximity to sensitive noise receptors. 2.3.9 — Biological The site is adjacent to a wetland which has the potential to be impacted by Resources development. Greg Zitney will provide biological consulting services to RBF Consulting in support of the Loch Lomond Village Marina EIR. Mr. Zitney will peer review all existing biotic resources reports, including: ❖ Completeness/accuracy of habitat delineations; ❖ Determine if supplemental fieldwork is needed; ❖ Contact and discussion with regulatory agencies; and ❖ Potential impact of development to biological resources at the site. 2.3. 10 — Hydrology & RBF will review the drainage plan prepared for the project and assess all Drainage hydrologic impacts that relate to: ❖ Runoff quantity (volume/flowrate); REIF CONSULTING 6 SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR •3 Drainage infrastructure requirements and flood protection; ❖ Surface water quality; and Floodplain hydraulic impacts. 2.3.11—Water Quality RBF will review the Storm Water Quality report prepared for the project by the applicant's consultant in order to assess the potential water quality impacts related to the implementation of the proposed project. This Draft EIR section will discuss the following: ❖ Existing site conditions (including site features that influence water quality on-site and along the marina); ❖ Applicable basin water quality planning documents; ❖ Potential degradation of water quality; ❖ Potential interference with groundwater recharge; Potential contamination of public water supply; and ❖ Potential exposure people to water -related hazards. This discussion will include anticipated urban runoff, as well as potential adverse water quality impacts from other land uses. RBF will describe design features, including integration of stormwater BMPs, that will minimize or off- set potential water quality impacts. As the proposed project site is larger than five (5) acres, a National Pollutant Discharge Elimination Permit (NPDES) will be required. The EIR will identify recommended mitigation measures, including both construction -related erosion control measures and operational measures to reduce the introduction of urban pollutants. 2.3.12 — Geology, Soils, & Keith Bergman will perform a study of the geology, soils and seismicity of the Seismicity Loch Lomond site. The analysis will include a completeness (peer) review of work conducted by the project applicant's consultants, with respect to the following: ❖ Seismic hazards; ❖ Soil properties and related expansive and erosion potential; Fill characteristics; and ❖ Foundation design. 2.3.13 — Utilities & Public RBF staff will coordinate with City staff and affected public service and utility Services providers to assess potential impacts of the proposed project as well as the project alternatives. The following services, facilities and utility systems will be analyzed: ❖ Solid Waste Disposal Marin Sanitary Service ❖ Cable Comcast ❖ Telephone Pacific Bell Telephone ❖ Electricity PG&E ❖ Water Supply Marin Municipal Water District •:• Natural Gas PG&E •: Public Facilities City of San Rafael ❖ Police San Rafael Police Department •: Marin County Sheriffs Department •:• Fire San Rafael Fire Department ❖ Marinwood Community Service District �a..SULTiNG 7 SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR s• Schools San Rafael School District •: Parks City of San Rafael Community Services Department Sewer/Wastewater San Rafael Sanitary District 2.3.14 — Safety The analysis will include a discussion of public safety hazards associated with potential flood hazards (addressed in detail within Hydrology/Drainage Section); emergency access issues (addressed in detail within the Traffic/Circulation Section); project layout and landscape design system; and finally, any potential safety hazards associated with the proposed project's circulation system. 2.3.15— Cultural Resources RBF will review the Cultural Resources Study of the project site prepared by Archaeological Resources Service, the applicant's consultant, with respect to the following: •: Currency of records search; ❖ Historical uses of the site; ❖ Findings with respect to prehistory; .• Findings with respect to cultural history; ❖ Sensitivity of the site; ❖ Recommendations for further study; and Adequacy of mitigation measures. 2.3.16 — Hazards & RBF will perform a completeness and peer review Lowney's work on Hazardous Materials hazardous materials, completed for the subject property with respect to: •: Contaminated fill; s� USTs; ❖ Asbestos and lead based paint in building to be removed; ❖ Currency of records and research; Current and historic land uses of the site; ❖ Past or present generation, use, handling, storage, or disposal of hazardous materials; and ❖ Potential exposure to and/or removal of hazardous materials. 2.3.17 — Fiscal Impact The purpose of a fiscal impact assessment is to show the effects of the project on the city's services and budget, as well as to enable comparison of alternatives. RBF will assess the fiscal impacts of the project by preparing a comparison of the costs and revenues of the project, including: ❖ One-time fees; ❖ Recurring revenues; •: One-time costs; and ❖ On-going costs to provide public services. The latter will enable a projection over time to see the long-term fiscal impacts of the project from the City's perspective. The data collection will consist of talks with city agencies, a review of major city budget items and revenue growth projection based on past experience. RW GONSIJITING 8 SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR 2.4— Cumulative impacts In accordance with the State CEQA Guidelines Section 15130, the cumulative impacts discussion will provide a listing of cumulative projects and actions under consideration. The potential for impact and levels of significance are based on the effects of the proposed project combined with the effects of other known and probable future projects. 10F will consult with City staff to define the appropriate study area for the -cumulative analysis. RBF will discuss cumulative impacts for each environmental issue area evaluated for the project. Mitigation measures will be recommended where appropriate to reduce the level of significance of identified cumulative impacts. 2.5 — Alternatives RBF will analyze a minimum of three (3) alternatives to be defined in consultation with the city. These could include: ❖ No Project Alternative (required by CEQA) ❖ Change of density ❖ Modified land use mix The environmentally superior alternative will be also identified in accordance with State CEQA Guidelines. A summary table of the alternatives and their associated impacts will be provided in the EIR summary. 2.7 — Required CEQA RBF will also include the discussion of the following required CEQA Considerations considerations: ❖ Potential growth -inducing impacts; ❖ Significant Environmental Effects Which Cannot be Avoided if the Proposed Project is Implemented; and ❖ Significant Irreversible Environmental Changes Which Would be Involved in the Proposed Project Should it bd Implemented. 2.8 — Additional Sections RBF will provide additional sections in the EIR to meet CEQA and City requirements including the following: ❖ List of EIR Preparers; ❖ List of Persons & Organizations Consulted; •'• References; ❖ Glossary of Terms, Abbreviations and Acronyms; and ❖ Technical Appendices. 2.9 — Graphic Exhibits The EIR will include graphic exhibits to enhance the written text and clarify the proposed project's environmental impacts. Using state-of-the-art computer design equipment and techniques, our in-house graphic design team will create professional quality, black and white and/or color exhibits, dividers and covers for the EIR and Appendices. All exhibits will be 8'/z" x 11" and/or 11" x 17" in size. CONSULTING 9 SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR RBF will provide 10 copies of the Administrative Draft EIR to the City for review and comment. TASK 3 — DRAFT EIR 3.1 — Preliminary Draft EIR RBF will respond to one complete set of City, comments on the Administrative Draft EIR. If desired by the City, RBF will provide the Preliminary Draft of the EIR with all changes highlighted to assist with the final check of the document. 3.2 — Completion of the Draft RBF will respond to a second review of the Preliminary Draft Project EIR EIR (anticipated to only require editorial or other "non -substantive" changes) and will prepare the report for the required 45 -day public review period. The City will prepare the Notice of Completion (NOC) for submittal to the Office of Planning and Research (OPR). Distribution of the NOC shall be conducted by the City. RBF will work with the City to develop a distribution list for the NOC and Draft EIR. RBF will provide 100 copies of the Draft EIR to the City, along with a camera-ready original for reproduction and an electronic version of the Draft EIR. TASK 4 — FINAL EIR 4.1 — Responses to Comments / The City of San Rafael will provide one complete set of comments on the Administrative Final EIR Draft EIR to RBF. Upon RBF review of the comments, we will meet with the City to review and agree on strategies to response to key comments. FWF CONSULTING Following the meeting with the City, RBF will respond in writing to all comments received on the Draft EIR during the 45 -day public review period, and any additional comments raised during public hearings. RBF will prepare thorough, reasoned and sensitive responses to relevant environmental issues. RBF assumes that no new technical analysis is required to respond to public comments. RBF will prepare an errata, if required, to summarize changes necessary to the Draft EIR derived from written responses to comments. To facilitate City use of the errata, RBF will indicate Draft EIR changes with bold and underline text bold underline) for text additions, and strike out (strike eut for any text. This task includes written responses to both written and oral comments received on the Draft EIR (includes review of hearing transcripts, as required). A draft set of Responses to Comments will be prepared for review by City staff (one review cycle is anticipated). Our estimate could be revised depending on the extent of the comments. 10 SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR 4.2 — Final EIR The Final EIR will consist of a list of commenters, the comment letters made regarding the Draft EIR, an Errata (if needed) to summarize changes to the Draft EIR, and the written Response to Comments. The City will prepare the Notice of Determination (NOD) after project approval (should the project be approved). Distribution of the NOD to the County Clerk shall be conducted by the City. RBF will provide 100 copies of the Final EIR to the City, along with a camera-ready original for reproduction, and a copy of the document(s) in an electronic format compatible with City word processing systems. All mapping, exhibits, summary tables, and draft documents will become the property of the City upon completion of the Final EIR. In addition, RBF will provide an electronic version of the Final EIR. TASK 5 — MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) To comply with Public Resources Code Section 21081.6, RBF will prepare a mitigation monitoring and reporting program (MMRP) for adoption by the City of San Rafael at the time to adopt the CEQA findings. The body of the MMRP will be in a table/matrix format. RBF will work with City staff to identify the mitigation monitoring steps/procedures to ensure that mitigation measures are implemented as intended. The MMRP will describe the authority for the MMRP; the mitigation measures to be implemented, as amended in the errata for the Final EIR; the timing for implementation of the measures; and the agency responsible for their implementation. The MMRP will also include a column to verify (via documentation or field checks, for example) implementation of the measure, date of verification, and pertinent remarks. TASK 6 — FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RW CONSULTING RBF will prepare the Statement of Overriding Considerations pursuant to Section 15093 of the State CEQA Guidelines, if necessary, and CEQA Findings Facts for each significant effect identified in the EIR, pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA) for adoption by the City prior to taking project action. RBF will submit a draft set of Findings for City review (and Statement of Overriding Considerations if required) and will respond to one set of City comments. At the City's request, RBF can prepare draft resolutions to support certification of the Final EIR, the Findings of Facts and the adoption of Overriding Considerations (if necessary), and the adoption of the Mitigation 11 SECTION 2: SCOPE OF WORK f City of San Rafael Loch Lomond Village Marina EIR Monitoring and Reporting Program. The City will prepare the Notice of Determination (NOD) following City Council approval of the project (should it be approved) for City distribution the County Clerk's Office no later than five (5) days after City Council approval of the project. ` TASK 7 — MEETINGS AND PUBLIC HEARINGS 7.1— Meetings RBF will start with biweekly meetings for the first four months of the project (9 meetings in all) to assure project coordination and to keep on track. In the last four months, as we are drafting the ADE1R, Draft EIR and Final EIR, meetings will be held monthly. There will be a meeting to discuss the findings of the ADEIR before publication of the DEIR and to discuss an approach to public comments. In all, we expect that 13 meetings will be required. Each meeting is assumed to require five hours for travel, attendance and follow-up. The principal -in -charge will attend at least half of these meetings. 7.2 — Hearings RBF will attend one hearing on the Draft EIR and one on the Final EIR. We are available for additional hearings on a time and materials basis. Each hearing is assumed to require eight hours for preparation, travel and attendance. 7.3 — Project Management RBF will be responsible for overall project management, including liaison with the City, those specialists on our team and the project sponsor, should the City desire the latter. Laura Worthington -Forbes will be the point -of - contact for key direction and decisions made in consultation with the City. DELIVERABLES ffnwrlrr �' 6o NsuLn NG RBF will provide the City with the following estimated number of copies of the deliverables, along with one unbound camera-ready original and electronic file for each: ❖ Draft Project Description: 1 copy ❖ Administrative Draft EIR: 10 copies ❖ Draft EIR: 100 copies and one original ❖ Response to Comments/Administrative Final EIR: 10 copies ❖ Final EIR: 100 copies ❖ Statement of Overriding Considerations and Findings: 50 copies ❖ Mitigation Monitoring and Reporting Program: 50 copies ❖ Electronic version of the document ❖ Option of putting DEIR and FEIR on website in lieu of printing 12 SECTION 2: SCOPE OF WORK City of San Rafael Loch Lomond Village Marina EIR Proposed Project Provided below is a proposed schedule for the preparation of an EIR for the EIR Schedule Loch Lomond Village Marina project. This schedule is considered preliminary, pending review by the City of San Rafael and the'.outcome of initial coordination activities. Authorizes RBF Consulting (RBF) to proceed. I 0 days I March 1, 2004 Preliminary Project Organization/EIR Scoping Attend Kick -Off Meeting to collect all available reports, 1 week March 8 documents and maps for review; conduct site review. Complete review of existing documents, revise scope of work, as 2%2 weeks March 31 necessary. Prepare Initial Study I 1 week April 7 Preparation of Administrative Draft EIR and Draft EIR RBF completes draft Project Description for use in EIR and 1'/z weeks April 19 submits to City for review. City reviews EIR Project Description and submits comments to 1 week April 26 RBF. Conduct public scoping meeting. I 1 day As scheduled RBF commences agency consultation and prepares 6 weeks June 7 Administrative Draft EIR (ADEIR). City reviews ADEIR and provides comments to RBF. I 3 weeks June 28 RBF amends ADEIR and prepares draft EIR (DEIR) I 3 weeks July 19 City reviews and approves DEIR I 3 weeks August 9 DEIR sent to printer for duplication, copies provided to City for I 3 days August 12 distribution and DEIR made available to the public. 45 -day DEIR review period ends (City may wish to hold a 45 days Sept 27 Planning Commission "informational meeting" on preliminary DEIR findings during this time) Preparation of Final EIR City provides DEIR comments to RBF 3 days Sept 30 RBF circulates DEIR comments to subconsultants for review 1 day October 1 RBF and City review DEIR comments and develop strategies for 1 week October 8 responses INP V .o.Su-ING 13 SECTION 3: SCHEDULE PROFESSIONAL FEES FOR ENVIRONMENFAUPLANNING CONSUL" -RVICE teenVReso - - - Pr Project Senior Traffic Air Quality' Environ. Envi Graphics TOTAL ESTIMATED in -Charge Manager Planner Planner/Eng. /Noise Planner Artalys, WIP HOURS COST TASK $185 $135 $12S $125 $110 $as $76 I $77 16 16 I I 32 $5,120 7.3�Project Management .n".:k:r��' �:4 v�+,Y".-.' o>�" S.�ix-3 � �.,�v.. ti l}�¢ .w.3 �� v:Y..i � •�e+f_S�e :ra 1.1 Kick -Off Meeting 5 5 88 $12,280 10 $1,600 1.2 Review Applicant's Studies 4 16 8 8 16 Deliverables and Direct Costs 52 $6,188 1.3 Prepane Project Description 2 8 16 8 34 $3,474 1.4 Agency Consultation 8 8 12 4 32 $3,920 1.5 Scoping Session 5 8 4 4 8 29 $3,277 1.6. Initial Study 2 8 40 8 Mitigation Monitoring Program (50 copies) 58 $7,114 -11,01 Electronic version of EIR 24 8 32 . _IZ� _ 2.1 Introduction and Purpose 2 6 4 12 $7,324 2.2 Executive Summary 8 8 8 16 4 44 $5,26 2.3 Impact Analysis 8 40 48 $4,560 2.3.1 Plans & Policies 2 8 8 24 42 $4,562 2.3.2 Land Use 2 8 8 24 42 $4,562 2.3.3 Urban Design 8 16 8 32 $3,096 2.3.4. Visual Quality 1 8 B 16 33 $3,673 2.3.5 Housing & Demographics 8 16 8 32 $3,096 2.3.6 Traffic & Parking 4 60 8 72 $8,744 2.3.7 Air Quality 1 72 3 76 $8,319 2.3.E Noise 1 45 8 54 $5,789 2.3.9 Biological Resources 1 8 8 17 $7,839 2.3.10 Hydrology & Drainage 1 24 8 33 $3,839 2.3.11 Water Quality 1 24 B 33 $3,839 2.3.12 Geology, Soils,&Seismicity 2 16 is $1,678 2.3.13 Utilities & Public Services 1 16 8 25 $2,151 2.3.14 Safety 1 8 8 B 25 $2,447 2.3.15 Cultural Resources 1 16 8 25 $2,743 2.3.16 Hazards & Hazardous Materials 1 24 8 33 $3,839 2.3.17 Fiscal Impact 4 24 8 36 $4,980 2.4 Cumulative Impacts 2 4 8 B 22 $2,494 2.5 Alternatives 2 16 8 32 58 $6,226 2.6 Growth Inducement 1 4 5 $487 2.7 Additional Sections 1 4 5 $487 2.8 Graphic Exhibits 2 30 32 $2,580 QA/QC 4 8 12 $1,820 Subtotal -Administrative Draft EIR 33 121 60 133 251 44 74 866 $94,450 mm 3.1 Preliminary Draft EIR 8 40 24 24 96 10,840 3.2 Completion of the Draft EIR 8 40 6 8 62 $8,024 QA/QC 4 8 12 $1,820 '114M`I FI%NT1L?TWWOWOWW.a �' F` :: �'� MSMI tea fi4a'S' ',it. s`aa:a iii¢'.. _ W- 6 a 0e, 4.1 Response to Comments/Admin. FEIR 8 40 40 20 8 116 _6�_ 512,536 4.2 Final EIR 1 8 18 8 35 $3,465 VA/QC 4 4 .aura -_ - be 8 -- - ^ --_ $1,280 fit, 6.1 MMRP Preparation 2 1 20 20 -4" - -.1 26 S ,838 Subconsultants Greg Zitney (Biological Resources analysis) $5,000 Keith Bergman (Geotechnical analysis) $5,000 5% Administrative Fee $500 i $ii6tolal "D ie G°os` }-1' ?i -1--' ins s rsr t �,,y�.y4a --- `i M r c•h 7�.,S�,, ��L1y' ,F A r9.(' @ ��t�ZZ � aY 3 rx2;-, XO 23•'678 __ _..i:i_ �_ �„s-j :.h±a�._rl. :, `. W21 4- -`j& 59A aM- .313�y,�Y:.o7:I �•'- 1� *<3t uy.'$'Wilt,cus �3"�I'a_�"r".r•'�I.+ n`•"Syitn�nma.,e+- `'. w s[3B. O. AZ/y a'1._ >F 4 a x01se' �a e i, sS': .;� -: 2`4'¢ 7` T T: a:l ::i `� fi : a h ?F s$ '. i i'i" s := >> z' mat,. i�c. c s��i" u' _, a 9_.. 10%Contin en Fee - - -------. .. - - -- ---- - - -- - - - - -------- - --- 22,450 �_. -y. �; .;,r TC1T'A:1-',:ESTIt-�` t,ITED�EE''ES �'`' �'` 4:..-`5 ,.''°� „�'` �.a��._'��-�,�.. �.: +"-c,�r-`.">s"'�_'..+rr�= '""' ,,may 'et' �• � 4b 44.7y All Our Fees Are Fully Negotiable Of the $17,281 allotted to Task 4, $10,000 wig be held back as a contingency fund to be drawn upon only if needed. Note- NI work will be performed at a -Not b exceed- mntran price, which will become the Fmn fixed price upon mmple- of negotiations with staff authorized to negotiate an agreement The total budget includes all miscellaneous costs lot reproduoion, reimbuneables, tekphone, posul, delivery, mlemm materials and incident expense. REF will mceive payment either on a percentage bash using milestones or by monthly billing, as determined by the Client. RBF reserves the nght to make adjustments to cuff allocations %necessary within the overall budget. 14 teenVReso - - - .. 8 -' - - -- 10 - 22 _ ._ $2,268 y�t7.15ram 7.1 Meetings 30 65 95 1 25 7.2 Hearings 16 16 I I 32 $5,120 7.3�Project Management B 80 88 $12,280 Deliverables and Direct Costs Admin. Draft EIR (10 copies) $500 Draft EIR (100 copies) $5,000 Response to Comments/Ad. FEIR (10 copies) $500 Final EIR (100 copies) $7,500 Overriding Considerations (50 copies) $100 Mitigation Monitoring Program (50 copies) $100 Electronic version of EIR 24 8 32 $2,728 Mileage, supplies, mist. $750 Subconsultants Greg Zitney (Biological Resources analysis) $5,000 Keith Bergman (Geotechnical analysis) $5,000 5% Administrative Fee $500 i $ii6tolal "D ie G°os` }-1' ?i -1--' ins s rsr t �,,y�.y4a --- `i M r c•h 7�.,S�,, ��L1y' ,F A r9.(' @ ��t�ZZ � aY 3 rx2;-, XO 23•'678 __ _..i:i_ �_ �„s-j :.h±a�._rl. :, `. W21 4- -`j& 59A aM- .313�y,�Y:.o7:I �•'- 1� *<3t uy.'$'Wilt,cus �3"�I'a_�"r".r•'�I.+ n`•"Syitn�nma.,e+- `'. w s[3B. O. AZ/y a'1._ >F 4 a x01se' �a e i, sS': .;� -: 2`4'¢ 7` T T: a:l ::i `� fi : a h ?F s$ '. i i'i" s := >> z' mat,. i�c. c s��i" u' _, a 9_.. 10%Contin en Fee - - -------. .. - - -- ---- - - -- - - - - -------- - --- 22,450 �_. -y. �; .;,r TC1T'A:1-',:ESTIt-�` t,ITED�EE''ES �'`' �'` 4:..-`5 ,.''°� „�'` �.a��._'��-�,�.. �.: +"-c,�r-`.">s"'�_'..+rr�= '""' ,,may 'et' �• � 4b 44.7y All Our Fees Are Fully Negotiable Of the $17,281 allotted to Task 4, $10,000 wig be held back as a contingency fund to be drawn upon only if needed. Note- NI work will be performed at a -Not b exceed- mntran price, which will become the Fmn fixed price upon mmple- of negotiations with staff authorized to negotiate an agreement The total budget includes all miscellaneous costs lot reproduoion, reimbuneables, tekphone, posul, delivery, mlemm materials and incident expense. REF will mceive payment either on a percentage bash using milestones or by monthly billing, as determined by the Client. RBF reserves the nght to make adjustments to cuff allocations %necessary within the overall budget. 14 City of San Rafael Loch Lomond Village Marina EIR The RBF Team shall complete the work outlined in the Scope of Work in accordance with the summary of professional fees identified below and shall invoice the City monthly. A complete Proposed Fee Schedule than includes staff hours by specific tasks and subtasks is included on the following page. Task 1 Project Initiation Task 2 Administrative Draft EIR Task 3 Draft EIR Task 4 Final EIR Task 5 Mitigation Monitoring and Reporting Program Task 6 Findings / Overriding Considerations Task 7 Project Coordination/Meetings Direct Costs Mileage, deliveries, reimbursables, etc. Subtotal Total Professional Fees Subconsultants 5% Administrative Fee 10% Contingency Fee $25,573 $94,450 $20,684 $17,281 $4,838 $2,268 $31,725 $17,178 $10,000 $500 $224,497 $22,450 $246,947 The above estimate is intended to be non-binding and fully negotiable. Our Hourly Rate Schedule has been included to give an indication of specific professional staff rates. Progress billings will be forwarded to the City on a monthly basis. These billings will include fees earned for the billing period plus all direct costs advanced by the Consultant. The City shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify the Consultant in writing of any particular item that is alleged to be incorrect. A Subconsultant Management Fee of five percent (5%) will be added to the direct costs of any subconsultant services necessary, including such items as blueprinting and reproduction, to provide for the costs of administration, subconsultant consultation and insurance. 15 SECTION 4: FEE PROPOSAL City of San Rafael Loch Lomond Village Marina EIR Introduction RBF Consulting will be responsible for overall project management and peer review of the applicant's technical reports. Peer review will make use of the skills and experience of RBF staff as described below. In addition, we will subcontract with Greg Zitney to do peer review of biological resources and Keith Bergman of MacTec to provide peer review of soils and geology issues. RBF has worked with these subcontractors on numerous occasions and can assure the City of San Rafael of a smooth and timely completion of peer review and composition of the Loch Lomond Village Marina EIR. Laura Worthington -Forbes Laura Worthington -Forbes will be Principal -in -Charge for this project with RBF Consulting responsibility for being the point -of -contact with the City with respect to Principal -in -Charge overall project direction and conferring with the City on key strategic issues. Gloria Root Gloria Root, Senior Associate, who has over 20 years of experience managing RBF Consulting CEQA projects, will assist Mrs. Forbes as Project Manager. Ms. Root would Senior Associate be responsible for day-to-day task management, management of in-house staff and management of the subcontractors. Her experience includes the Ferry Building Project EIR in San Francisco, the Berkeley Waterfront Plan (employment and housing), Redwood Shore site planning and numerous residential and mixed use EI s. In addition to day-to-day management, Ms. Root would work on the visual and urban design aspects of the project, drawing on her architectural education. Ms. Root would be assisted by Faye Stroud of RBF's Irvine office to address the technical aspects of evaluating the applicant's visual simulations. Ms. Root would also be responsible for housing and fiscal impact assessment. Kevin Thomas Kevin Thomas, Senior Environmental Planner, will be responsible for RBF Consulting hazardous materials and cultural resources, drawing on his experience with Senior Environmental Planner Moffett Park Specific Plan EIR, Bluerock Business Center EIR, and McKean Road Sports Field EIR. Mr. Thomas, as a registered environmental assessor, is certified to prepare Phase I and H reports. Michael Campbell, AICP Mike Campbell, Senior Environmental Planner, will be responsible for storm RBF Consulting water quality and drainage issues. He has approximately 20 years experience Senior Environmental Planner in public sector urban planning and project management, including rezoning and permit processing, subdivision maps, public information and general plan amendments. He has extensive private sector experience in the preparation of environmental documents, including Initial Studies and Environmental Impact Reports. He also specializes in storm water management, and has formulated policies and developed project review processes for the implementation of post -construction storm water treatment controls and BMPs, and has served as a technical advisor on various local and regional storm water agency committees. C ULT.Nc 16 SECTION 5: RBF MANAGEMENT PLAN City of San Rafael Loch Lomond Village Marina EIR Justin Meek Justin Meek, Environmental Planner, will be responsible for the recreation and RBF Consulting open space, utilities and regulatory aspects of the project. Mr. Meek will be Environmental Planner responsible for drafting various sections of the EIR. He has professional experience on a variety of planning and environmental projects, including both the public and private sectors. With RBF, he as worked on such projects as the McKean Road Sports Complex EIR, the Regional Solid Waste Facilities Project, Vintner's Square Shopping Center EIR, Juniper Corporate Campus Project, and the Moffett Business Park Specific Plan. His work has included project coordination, research, investigation and analysis, in addition to computer graphical renderings. Jason Jones Jason Jones, Environmental Planner, has over three years of professional RBF Consulting experience as a land use and environmental planner, and will be responsible Environmental Planner for the land use, plans and policies aspects of the project. Mr. Jones has worked on such projects as South Schulte Specific Plan EIR, Moffett Park Specific Plan EIR, Flora Vista Avenue Apartments Project IS/MND and Vintner's Square Shopping Center EIR. Mr. Jones will be responsible for drafting various sections of the EIR. His work has included land use surveys and analysis, project research, computer renderings, planning and community participation programs. Kara Spencer Ms. Spencer will draft various sections of the EIR and perform field RBF Consulting investigations and data searches. She has professional experience in both Environmental Analyst planning and environmental analysis. Her planning experience, which has been in both the public and private sectors, has focused on transportation, community development, and CEQA compliance. While at RBF, Ms. Spencer has been involved in a number of environmental planning projects, including the South Schulte Specific Plan SEIR, the Almaden Youth Association (AYA) Interim Sports Field EIR, and the Bluerock Business Center EIR, among others. Bob Matson Bob Matson, Transportation Planner, will provide in-house peer review of RBF Consulting traffic, trails and bicycle usage, drawing on his 15+ years experience in Transportation Planner transportation planning. He has managed a wide variety of traffic impact analyses, transportation planning studies, and environmental studies. Most recently he has completed traffic studies for Rafael Village, Van Buren Residential/Retail Mixed Use Village, and North Downtown Neighborhood Revitalization/Transit Village Plan Traffic Impact Study. In addition, Mr. Matson has acted as City staff for the review of traffic reports regarding the Hamilton Base Reuse project in the City of Novato. Edward Torres, INCE Eddie Torres, Air Quality and Noise Specialist, will provide noise and air RBF Consulting quality analysis. Mr. Torres has completed over 20 of such studies at RFB, Air Quality and Noise Studies most recently the Vintner's Square Shopping Center EIR, Bluerock Business Center EIR, and Dana Point Harbor Revitalization. Faw CONSULTING 17 SECTION 5: RBF MANAGEMENT PLAN City of San Rafael Loch Lomond Village Marina EIR Organization Chart City of San Rafael Laura Worthington -Forbes Vice-PresidentlOffice Manager Gloria Root Senior Associate Michael Campbell Kevin Thomas Senior Environmental Senior Environmental Planner Planner Justin Meek, Jason Jones Kara Spencer Environmental Environmental — Environmental Planner Planner Analyst Eddie Torres Bob Matson Air Quality and Noise Transportation Studies Planner With 675 Additional Technical, Professional and Support Personnel Available CONSULTIMM 18 SECTION 5: RBF MANAGEMENT PIAN City of San Rafael Loch Lomond Village Marina EIR Introduction RBF has experience providing environmental services on behalf of public and private sector clients in the Bay Area and throughout California for controversial local projects, including residential development projects near waterfronts. For these projects, our staff has provided technical support services for CEQA review, document preparation, and the preparation and presentation of staff reports. Overall, RBF has prepared over 1,000 EIRs for variousprojects throughout California. Integral to the E1Rs are proactive site-specific mitigation measures, tailored to the unique nature of each project by expert RBF environmental planning staff. Prior to implementation, RBF's in-house engineers are able to test mitigation measures in order to determine their feasibility, which results in viable solutions to project impacts. The following project summaries are representative of RBF's extensive experience in the preparation of environmental documents and illustrate our work experience and qualifications related to the requested preparation of the Loch Lomond Village Marina EIR. Specifically, this section highlights RBF's ability to: • Prepare environmental documents for residential, mixed-use, and waterfront projects • Provide analysis of traffic impacts in relation to local streets and roadway networks and on-site circulation • Develop mitigation measures to address specific site impacts • Work with interested local and government agencies • Work effectively with subconsultants. St. Vincent's Village RBF Consulting was under contract to the City of San Rafael to prepare a Development Proposal comprehensive EIR to evaluate the environmental effects of ultimate development and Silveira Property of two separate, but contiguous, properties known as "St. Vincent's School for Land Use Evaluation Boy's" and the "Silveira Ranch" properties within the City of San Rafael's Sphere San Rafael, CA of Influence. The proposed project includes an application for development of the St. Vincent's property with approximately 766 housing units, approximately 116,000-124,000 square feet of commercial office space, 5.1 acres of mixed-use development, a new 80,000 square foot campus for the St. Vincent's School for Boys, and recreational and open space land uses. The project would also require annexation of both the St. Vincent's Property and the Silveira Property into the City of San Rafael. The actions associated with the proposed annexation would include consideration of a General Plan Amendment and pre -zoning classification for the Silveira Property to ensure consistency with the City's General Plan. Hamilton Field RBF directed the preparation of the Program EIR for the Disposal and Reuse of the Redevelopment Plan Hamilton Army Airfield EIR. The EIR addresses the programmatic implementation Program EIR of the Redevelopment Plan pursuant to the Reuse Plan and including, but not CONSULTING 19 SECTION 6: RELEVANT EXPERIENCE AND QUALIFICATIONS City of San Rafael Loch Lomond Village Marina EIR Novato, CA limited to, the Negotiated Purchase and Sale Agreement between the Navy and the Novato Public Finance Authority, the Disposition and Development Agreement between the Master Developer and the City of Novato, and an Owner Participation Agreement to be negotiated between the City of Novato Redevelopment Agency and the selected Master Developer. Key environmental issues include hazardous materials (lead -paint, asbestos), traffic/circulation, air quality, 'flood control, infrastructure constraints, demolition, noise and cumulative effects. -The Navy - owned properties that were largely the subject of this EIR, are currently under construction. Fair, Isaac Office Park RBF completed an EIR for the comprehensive redevelopment of a 15.1 -acre site on Project EIR the former PG&E properties in downtown San Rafael. The project includes San Rafael, CA 406,000 square feet of office contained in five office structures, on-site parking in surface lots and in two 3 -level parking structures, as well as associated site circulation, infrastructure and landscaping improvements. Development of the project site is dictated by the past and historical uses of the site and resulting contaminated soils. Interagency coordination between the City (as lead agency), the California Department of Toxic and Substance Control (DTSC), Regional Water Quality Control Board (RWQCB), PG&E, Army Corps of Engineers (ACOE) and California Department of Fish and Game (CDFG) have been key to resolving emotionally charged issues early in the environmental process. The project is somewhat unique in that in addition to the project applicant, other key players involved in the day-to-day resolution of issues are the property owner (PG&E), the project developer (Village Properties) and the primary tenant (Fair, Isaac and Company, Inc.). Issues examined in the EIR include: hazardous materials/risk of upset, public health and safety, land use, biological resources, transportation/circulation, aesthetics/visual resources, public services and utilities, hydrology and drainage, geology, soils/seismicity, air quality and noise. The project is currently under construction. Woodview EIR RBF prepared an expanded Initial Study/Mitigation Negative Declaration for a Novato, CA proposed Master Plan, Precise Development Plan and Vesting Tentative map for the Woodview Subdivision, a 20 -lot single family residential development on an 18.7 acre hillside parcel in the City of Novato. Issues of critical concern include aesthetics, impacts to special status species (White -Tailed Hawk, Cooper's Hawk, Golden Eagle, Red Shouldered Hawk, Red -Tailed Hawk, and Western Screech Owl), native grasslands, oak woodlands and wetland habitat, impacts to wildlife corridors, erosion, traffic (including on-site parking and emergency access, air quality, noise, light and glare, archaeological impacts, and scenic resources. The project is currently under construction. coNSuLTING 20 SECTION 6: RELEVANT EXPERIENCE AND QUALIFICATIONS City of San Rafael Loch Lomond Village Marina EIR Vineyards at Marsh For this large-scale residential and commercial development in City of Brentwood, Creek RBF Consulting is preparing an EIR addressing the full scope of environmental Brentwood, CA issues. The proposal for the 480 -acre site includes the development of 1,000 apartment units, 200 single-family units, 50,000 square feet of commercial development, a hotel, and a winery. Located adjacent to the newly created John Marsh Home State Park, compatibility with park uses and the `impact of the development on the historic context of site are key issues already raised by the public. Other specific areas of concern to the community that will be addressed in the EIR are the scale of the development in relation to existing commercial areas, visual impacts of the project, annexation from the County of Contra Costa to the City of Brentwood, provision of public services, and hazardous materials issues. Dana Point Harbor RBF is preparing the Program EIR for this high profile coastal revitalization project. Revitalization EIR The project, developed through four years of community/stakeholder meetings and Dana Point, CA concept development planning, proposes a comprehensive range of land use and infrastructure enhancements to improve the overall function, appearance, and community value of the harbor, while maintaining the Harbor's historic small craft character. Key land use changes associated with the project include a new parking structure, additional retail, creation of a Festival Plaza and pedestrian promenade, addition of a dry -stacked boat storage system capable of handling up to 800 boats, dock modifications to accommodate larger boats and improve guest boater access and ADA compliance, potential future hotel expansion, marine/embarcadero improvements, and related infrastructure improvements such as wastewater, drainage and water quality. RBF is also assisting in preparing the Local Coastal Plan Amendment and Planned Community Text Amendment to allow project implementation. Key environmental issues include construction -related access for businesses and visitors, temporary off-site staging and parking areas, long-term changes in parking and access, traffic, coastal access, coastal visual impacts, regulatory agency permitting issues, compliance with local plans/policies including the Coastal Act, marine biological resources (including shorebirds), and water quality. One of the project's many objectives is to improve water quality through incorporation of state- of-the-art BMP measures, as well as exploring potential diversion opportunities to reduce water quality issues at the popular Baby's Beach. Southeast Coastal RBF prepared the Program EIR for the 172 -acre Southeast Coastal Redevelopment Redevelopment Plan Plan. The Plan proposed to generate tax increment revenues to facilitate EIR improvements to the blighted project area without changing General Plan or Zoning Huntington Beach, CA designations. On-site land uses include the AES Generating Station, a state -listed Superfund site, wetlands, and various industrial uses. The site is adjacent to Pacific Coast Highway, and is bordered by residential uses on three sides, and Edison Community Center and a former landfill to the North. Key issues analyzed within the EIR include land use, relevant planning, traffic, aesthetics, biological resources, geology, noise, air quality, and cultural resources. FWF CONSULTING 21 SECTION 6: RELEVANT EXPERIENCE AND QUALIFICATIONS City of San Rafael Loch Lomond Village Marina EIR Bluerock Business RBF Consulting is preparing a comprehensive EIR for a mixed-use development on Center EIR a 33.5 -acre site divided among three separate parcels. Included in the development Antioch, CA are approximately 240 apartment homes on one parcel, an office commercial use on another parcel, and a business park on the last parcel. The project is proposed at the intersection of the heavily traveled Lone Tree Way and the less traveled Bluerock Drive. EIR issues included the full range of environmental topics and thb document is being prepared under a time -constrained schedule. Vintner's Square For this highly controversial retail shopping center project, RBF` prepared a full - Shopping Center EIR scope EIR. The approximately 28 -acre shopping center site in the City of Lodi is Lodi, CA proposed to be anchored by Lowes Home Improvement Warehouse and includes additional retail pads for fast food and other retail uses. A full scope EIR was prepared, but issues of particular substance included traffic, noise, secondary socioeconomic effects, and drainage and water quality. A "list approach" was used for cumulative analysis, and five project alternatives were evaluated. McKean Road Sports RBF is currently preparing an EIR for a proposed youth sports field complex, Complex EIR located on McKean Road in unincorporated south San Jose. Working with staff San Jose, CA from the City of San Jose's Planning and Transportation departments and the County of Santa Clara's Planning and Environmental Health departments, RBF is developing a CEQA document intended to provide coverage for a City -initiated General Plan Amendment and construction of the sports facility. The project consists of six soccer fields, four little league baseball fields and two softball fields. The site plan includes parking lots to accommodate over 600 cars, portable concession stands and restrooms, and storage and maintenance facilities. The key issues addressed in the draft EIR include land use (loss of prime farmlands, development within a designated Urban Reserve), traffic safety, water supply, noise and visual impacts. The project is controversial with existing residents in the immediate vicinity of the project site, and involves significant General Plan land use policy issues. South Schulte Specific RBF is currently assisting the Surland Companies and the City of Tracy with the Plan Supplemental EIR strategic completion the Supplement to the South Schulte Specific Plan EIR and the Tracy, CA reconsideration of the South Schulte Specific Plan. The Supplemental EIR is being prepared in response to a Settlement Agreement entered into by the City of Tracy and the Sierra Club regarding the previous adoption of the Specific Plan and previous certification of the EIR. Critical issues addressed in the Supplemental EIR include compliance with SB 610/221; securing an adequate and reliable water supply for buildout of the Specific Plan; wastewater treatment capacity and stormwater management; and regional transportation impacts, improvements and fees. Crucial to the successful completion of the Supplemental EIR and reconsideration of the Specific Plan is the development of viable mitigation measures for supplying water to the Specific Plan area during all water year types. Key issues at stake CONSULTING 22 SECTION 6: RELEVANT EXPERIENCE AND QUALIFICATIONS