HomeMy WebLinkAboutCC Resolution 8848 (EIR Home Depot Project)RESOLUTION NO. 8 8 4 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING A CONTRACT AMENDMENT WITH CH2M HILL TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT FOR THE SHORELINE BUSINESS PARK
(HOME DEPOT) PROJECT
(Fourth Amendment $9,000.00)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, the California Environmental Quality Act requires environmental
review of the proposed Shoreline Business Park; and
WHEREAS, the City and the consultant, CI -12M Hill, entered into an agreement on
September 3, 1991 for the preparation of an Environmental Impact Report for the
proposed project; and
WHEREAS, the consultant has prepared a draft Environmental Impact Report
which was made available for public comments on November 24,1992; and
WHEREAS, written comments on the Draft EIR were received during the 45 -day
review period from State Agencies and interested persons; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on the
Draft EIR on January 12, 1993 and additional written and oral comments were
received from local environment groups and interested persons; and
WHEREAS, the consultant requires addition hours than were allocated in the
original contract to response to all comments ; and
WHEREAS, Section 15 of the contract allows an amendment to incorporate such
changes; and
WHEREAS, the consultant has prepared a summary of cost breakdowns in the
amount of $9,000.00 to cover the additional costs associated with the revised Scope
of Work; and
WHEREAS, the proposal has been reviewed and recommended for approval by City
Staff.
NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council accepts the
proposal from CI -12M Hill for the preparation of the revised scope of work.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute, on
behalf of the City of San Rafael, a Professional Services Agreement Amendment,
marked as Attachment "A", with CI -12M HILL for said project.
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 the City of San Rafael on the Monday, the 15th day of
March, 1993 by the following vote, to wit:
AYES: COUNCILMEMBERS : Breiner, Cohen, Shippey, Thayer
& Mayor Boro
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
JE M. LEONCIN , City Clerk
ORIGINAL Anyz
PROFESSIONAL SERVICES AGREEMENT AMENDMENT
This agreement is made and entered into this 15th day of LtLrc 1993, between the
City of San Rafael, a Municipal Corporation (hereinafter referred to as "CITY") and
CH2M Hill, California, Inc. (hereinafter referred to as "CONSULTANT").
A. RECITALS:
(i) WHEREAS CITY AND CONSULTANT entered into an AGREEMENT
for the preparation of an Environmental Impact Report (EIR) for
Shoreline Business Park (Home Depot) on September 3, 1991; and,
(ii) WHEREAS, CITY and CONSULTANT entered into a contract
AMENDMENT to revise the scope of work on June 15, 1992; and,
(iii) WHEREAS, CITY and CONSULTANT entered into a second contract
AMENDMENT to revise the traffic section of the administrative draft
EIR on August 17,1992; and,
(iv) WHEREAS, CITY and CONSULTANT entered into a third contract
AMENDMENT to prepare analysis and mitigation for the revised
traffic section of the administrative draft EIR on September 21, 1992;
and,
(v) WHEREAS, comments received from the public and state and local
agencies on the Draft EIR require additional hours to prepare responses
to these comments than was allocated in the original contract; and,
(vi) WHEREAS, Section 15 of the Contract allows an amendment to
incorporate such changes; and,
(vii) WHEREAS, CONSULTANT has prepared a revised Scope of Work for
the additional hours required (Exhibit "A") attached hereto and by
reference made a part hereof.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as
follows:
B. AGREEMENT
1. CONSULTANT AGREES AS FOLLOWS:
(a) CONSULTANT shall forthwith undertake and perform such
services as necessary to complete the analysis and mitigation for
the Shoreline Business Park EIR prepared in accordance with
the provisions of the Consultant's Scope of Work (Exhibit "A")
and in accordance with Federal, State and City statutes,
regulations, ordinances and guidelines, all to the reasonable
satisfaction of CITY.
2. CITY AGREES AS FOLLOWS:
(a) IN consideration of CONSULTANT's Agreement to perform
well and sufficiently and in a skillful and professional manner
the additional services contemplated herein, CITY agrees to pay
and CONSULTANT agrees to accept as full payment for the
preparation of the Draft Final EIR, a total Sum of $ 9,000.00
payable within fifteen (15) days upon acceptance by the City of
the work outlined in Exhibit "A".
CGi�Y
3. ADDITIONAL COST AGREEMENT:
This Additional Cost Agreement supplements the Original Agreement
entered into on the 3rd day of September, 1991 and the contract
amendments entered into on the 15th day of June, the 17th day of
August and the 21st day of September, 1992 and these agreements
supersede any and all other agreements, either oral or in writing,
between the parties with respect to the subject matter herein. Each
party to this Agreement acknowledges that no representation by any
party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Agreement shall be valid
and binding. Any modification of this Agreement shall be effective
only if it is in writing, and signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first set forth above:
ATTEST:
'CifKlerk
CONSULTANT
Vice President and Regional Manager
CH2M HILL, California, Inc.
I -4
APPROVED AS TO FORM
City Attorney