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HomeMy WebLinkAboutCD Environmental Consultant Services Agreement____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-756 Council Meeting: 09/17/2018 Disposition: Resolution No. 14578 Agenda Item No: 4.d Meeting Date: September 17, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Paul Jensen (AMG) Community Development Director City Manager Approval: ______________ TOPIC: PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL CONSULTANT SERVICES SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT (PSA) FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE BIOMARIN & WHISTLESTOP/EDEN HOUSING DEVELOPMENT PROJECT AT 999 THIRD STREET RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution. BACKGROUND:. In 1998 the City of San Rafael approved PD (Planned Development) District zoning, an Environmental and Design Review Permit, a Conditional Use Permit and a Development Agreement for the San Rafael Corporate Center Project (formerly Fair Isaac). Since these approvals were subject to environmental review, pursuant to the California Environmental Quality Act (CEQA) an Environmental Impact Report (EIR) for the project was prepared and certified by the City Council in January 1998. Since the approval, the center has developed in accordance with the approved Master Plan. To date, four of the five approved buildings have been built and are nearly all occupied. One of the two approved parking structures has been built (at corner of 2nd St/ Lindaro Ave). Based on t he original approval for this site, there are two structures that remain entitled, but yet unbuilt: a four -story office building (at the corner of 2nd St/Lincoln Ave); and a multi-story parking structure on the east side of Lincoln Ave, across from the center. Over the past few years, BioMarin Pharmaceutical, Inc. (BioMarin), has been exploring expansion of their facilities and has recently partnered with Whistlestop/Eden Housing on a proposal to develop the property at 999 Third Street with two buildings for research and development offices as well as a new senior housing facility with associated support services. The project will require new entitlements and the preparation of an EIR. SAN RAFAEL THE CITY WITH A MISSION SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Given the environmental complexities of the site, the City will need an environmental consulting firm, to provide guidance to the City on the CEQA process and to prepare the necessary environmental document (EIR) to determine project impacts. In May of 2018, the City released a Request for Proposals (RFP) inviting four (4) environmental consulting firms to propose on the environmental consulting work. Three (3) of the firms responded to the RFP, and the City held subsequent interviews with each of the responding firms. While all firms demonstrated an ability to complete the environmental work with similar budget amounts, the consulting team of Amy Skewes-Cox demonstrated exceptional awareness of the environmental issues related to the particular site at this important intersection near the City’s downtown. The proposal submitted by Amy Skewes-Cox includes an overall budget of $277,771. In addition, the applicants have expressed their desire for an extremely focused and timely review process. Given the limited staffing in the current planning division along with the various other development projects city staff is unable to focus attention on this project. Therefore, the City will hire Sean Kennings from LAK Associates, Inc, a local planning services firm. Mr. Kennings has submitted a proposal for services with a total contract amount of $65,000 billable at an hourly rate of $155/hour. This amount is within the signing authority of the City Manager and does not require City Council authorization. However, a copy of the Professional Services Agreement is attached for reference. ANALYSIS: Pursuant to CEQA, the City of San Rafael will act as lead agency for environmental review of the proposed project. As discussed above the City released an RFP and determined that of the three (3) firms that responded, the environmental consulting team of Amy Skewes-Cox demonstrated an exceptional awareness of the environmental issues related to the project and proposed a budget of $277,771, which was similar to the budget proposals of the other two consultant teams. FISCAL IMPACT: The cost of retaining an EIR Consultant ($277,771) plus a 25% EIR administration fee ($69,443) will be paid for entirely by the applicant. (See Attachment 3). In addition, the applicant will be responsible for payment of all project application fees, which will be determined at the time of application submittal. OPTIONS: The City Council has the following options: 1.Adopt the resolution authorizing the City Manager to execute a Professional Services Agreement with Amy Skewes-Cox; 2.Direct Staff to work with the applicant to revise the proposal based on City Council discussion; 3.Continue the matter and request additional information. RECOMMENDED ACTION: It is recommended that the City Council adopt the attached Resolution. ATTACHMENTS: 1.City Council Resolution authorizing execution of PSA between the City and Amy-Skewes Cox, with Exhibit “A”: Professional Services Agreement 2.Draft PSA between the City and LAK Associates, LLC 3.Reimbursement Agreement Page 1 of 1 ATTACHMENT 2 RESOLUTION NO. 14578 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH AMY SKEWES-COX FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE BIOMARIN & WHISTLESTOP/EDEN HOUSING PROJECT AT 999 THIRD STREET (Term of Agreement: from October 1, 2018 to March 31, 2020, for an amount not to Exceed $277,771) WHEREAS, BioMarin Pharmaceuticals, the owner of the 999 Third Street project site, is proposing to submit a development proposal to consisting of a research and development facility and will partner with Whistlestop/Eden Housing for a senior housing facility with support service on the same site; and WHEREAS, due to the environmental complexities of the site, the City will need an environmental consulting firm, to provide guidance to the City on the CEQA process and provide CEQA analysis through the preparation of an EIR., and WHEREAS, in May of 2018, the City released a Request for Proposals (RFP), received a response from three (3) firms, and held subsequent interviews with each on the responding firms; and WHEREAS, the consulting team of Amy Skewes-Cox demonstrated exceptional awareness of the environmental issues related to the particular site at this important intersection near the City’s downtown; and submitted a proposal with a not-to-exceed amount of $277,771; and WHEREAS, the developer has agreed to pay all costs associated with preparation of the EIR through certification of the EIR, plus a 25% administration fee ($69,9443.). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Services with Amy Skewes-Cox in the form attached hereto as Exhibit “A” and incorporated herein, subject to final approval as to form by the City Attorney. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 17th day of September 2018, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips COUNCILMEMBERS: None COUNCILMEMBERS: None ______________________________ Lindsay Lara, City Clerk Exhibit A: Professional Services Agreement between City of San Rafael and Amy Skewes-Cox, with Attached Work Program AGREEMENT FOR PROFESSIONAL SERVICES WITH AMY SKEWES-COX FOR CONTRACT CEQA CONSULTANT SERVICES RELATED TO THE BIOMARIN/WHISTLESTOP LAND USE ENTITLEMENTS PROJECT PROPOSED AT 999 3RD STREET This Agreement is made and entered into this _l__ day of Oc--tobe:,x , 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and AMY SKEWES-COX (hereinafter 11 CONTRACTOR11 ). RECITALS WHEREAS, the property owner and a major tenant at the 999 3rd Street have expressed interest in pursuing changes to the adopted master plan for the San Rafael Corporate Center (the "BioMarin/Whistlestop project"); and WHEREAS, amendment to the Master Plan for the BioMarin/Whistlestop project at 999 3rd Street, would require planning entitlements including, but not limited to a General Plan Amendment, Zoning Amendment (Planned Development) Minor Tentative Subdivision, Use Permit , Design Review Permit, and Sign Progran1 amendment, and WHEREAS, due to the complexity of the environmental review process and the expertise required to comply with the California Environmental Quality Act (CEQA), the City must hire an Environmental Consultant to provide CEQA guidance and prepare an Environmental Impact Report in accordance with CEQA WHEREAS, CONTRACTOR has submitted its proposed "Work Program" for the performance of services, which is attached hereto as Exhibit A and incorporated by reference herein; and WHEREAS, CONTRACTOR represents that she is qualified to perform such services and is willing to perform such professional services as hereinafter defined; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Planning Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Amy Skewes-Cox is hereby designated as the PROJECT ORIGINAL DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide professional services as Environmental Consultant, including review of technical reports, coordination with City Staff, and attendance at public hearings and preparation of an EIR. These services shall be performed under the supervision of the Planning Manager, in conjunction with the CITY's procedures for processing development entitlements and shall include the tasks described in Attachment "A", incorporated herein. 3. DUTIES OF CITY. CITY CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone and computer facilities. CITY shall provide CONTRACTOR with copies/sets of project plans and materials, historical files on this development, local plans, ordinances and repmts that are pertinent to the project that has been assigned to the CONTRACTOR. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR at the hourly rates outlined in Table 2 of the Work Program (Exhibit A) in an amount not to exceed $277,771 (including optional items and contingencies) without express written approval of the City Manager. In no event shall the total billing for services hereunder exceed $287,771. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 18 months commencing on October 1, 2018, and ending on March 31, 2020. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of 12 months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may tenninate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to 2 cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen ( 15) day time period. C. Effe~t of Termination . Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the perfmmance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount 3 of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's pe1formance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits , and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR m subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primaiy and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 010413. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a 4 combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S ovm insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimllin insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. · Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, ( collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City lndemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City lndemnitees' share of 5 liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City !ndem.nitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City lndemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 6 15 . NOTICES. All notices and other communications requireci or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Raffi Boloyan City of San Rafael 1400 Fifth Avenue San Rafael , CA 94901 Amy Skewes-Cos P.O. Box 422 Ross, CA 94957 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT --AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, 7 the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WANERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. · 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the perf mmance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/ OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any arid all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. the laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR 8 By:_..,,.___.._ ___ "'-~-- Name: ------"'--"---#---''--==---'----=,-- Title: __ {,o/ff~-~ff---,~~r1~°tW~- ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: tH a ~~. e~FG• ROBERT F. EPSTEIN,ityAtto~y Exhibit A: Amy Skewes-Cox Environmental Consultin Services for BioMarin/Whistlestop Project -999 3rd Street 9 Ill. WORK PROGRAM ■ II ■ This section outlines the detailed work program that the EIR team will follow. The work program and schedule outlined in this proposal are predicated on the following assumpti,ons: □ Any additional technical studies to be prepared by our team beyond those we have identified herein will require revisions to the proposed scope and budget. Q The Skewes-Cox EIR team will prepare the Notice of Preparation, the Notice of Completion, and the Notice of Determination (with one revision for each based on City comments). The City will be responsible for public noticing and mailing of environmental documents to the Office of Planning and Research (OPR) and neighbors. The City will be responsible for posting the CEQA documents on the City's website. □ The project will start on or nearOctober 2018 and be completed no later than December 2019. Should the project extend beyond this period, an adjustment will need to be made to the budget. o The proposed schedule will be contingent on timely receipt of project description materials and background documents, as well as City staff comments on the various memos, work products, and Administrative Drafts of the NOP, Initial Study, Draft EIR, and Final EIR described in this proposal. EJ The proposed schedule may require revisions related to any unexpected delays that are outside of our control. □ Should any changes to the project description occur after work on the EIR is begun, a revision to the proposed schedule, scope, and budget may be required. [.J Any comments on the CEQA documents by City staff will be consolidated into one comment copy in Microsoft Word format to avoid conflicts among comments. Any comments on documents will be done using Microsoft Word and tracking, and will not entail comments in a pdf format. i;;i The City will provide a clear site plan in pdf format and a written description of the project identifying locations and sizes of all new buildings, uses and hours of use, estimated number of occupants, landscaping provisions, on-site parking provisions, and access. We would also request a copy of any landscape plans, building elevations, grading plans, lighting plans, and utility plans if available , We understand that the project is still undergoing revisions and assume that the EIR process will start when a formal application has been completed. TASK 1. PROJECT INITIATION AND COORDINATION WITH CITY STAFF To begin the CEQA process, we will hold a kick-off meeting with City staff to coordinate the scope of work, deliverables, and schedule, and to determine protocols for contacting all parties. At this time, we will request copies of any new available project description data and technical information, and address any other relevant CEQA issues. We propose that Amy Skewes-Cox, Bruce Abelli-Amen, and David Parisi attend this meeting. In this way, the sharing of information can be described so that it flows smoothly during the EIR preparation. At this kick-off meeting, we can review the proposed schedule and the roles that everyone will play. Communication protocol can also be discussed. -EXHIBIT A TASK 2. ASSEMBLE AND REVIEW BACKGROUND INFORMATION We will work closely with City staff and others to assemble a "library" of background materials and will create a list of such materials that can be continually adjusted through the process. This list will identify who on the EIR team has been provided the relevant documents and when any revisions are being made. These documents will become part of the Administmtivc Record for the CEQA process. A. TECHNICAL STUDIES We would request that any background studies be provided at the start of the EIR process. We understand that the following studies are being prepared by the applicant: □ Photo simulations □ Geotechnical report □ Traffic and parking study □ Hazards and hazardous materials studies □ Hydrology/floodplain study and stormwater control plan We would review these and avoid duplication of effort while providing objective, third-party review. While we have not yet seen these studies, we assume that they will address many of the impact criteria to be evaluated in the EIR. 8. BAsEMAPS We assume that a number of base maps have been prepared by the applicant and that we would be provided with these in pdf format. We would also request at least two copies of base mi;!ps in hard copy, printed at 11 by 17 inches or 24-by-36-inch format if possible. One full set of all project drawings in 11-by-17-inch format for the Project Manager would also be requested. TASK 3. SITE VISITS An initial site visit by Ms. Skewes-Cox will be coordinated with the kick-off meeting (Task 1 above). Many EIR team members will want to do their own site visits (obtaining the necessary permission). At this time, we are assuming this first site visit will require two hours and will include City staff. This site visit will allow the EIR team to become familiar with the site and to ask questions while there . The first site visit will be attended by, at minimum, Amy Skewes°Cox, David Parisi, Andrew Lee, Tim Jones, and Bruce Abelli-Amen . TASK4. MEETINGS WITH CITY STAFF We assume that at least 12 two-hour meetings will be required with City staff. At this time, we propose that Amy Skewes-Cox attend all of these meetings. Bruce Abelli-Amen and David Parisi would be available to attend at least six of these meetings. Additional conference calls can be arranged if these are needed. Ms. Skewes-Cox's offices are only 15 minutes from the City offices; thus, she is available to attend meetings upon short notice. TASK 5. PREPARE DRAFT PROJECT DESCRIPTION Ms. Skewes-Cox will prepare a detailed project description for review and approval by City staff. We assume that digital and hard copies of the following plans (with number of copies needed shown in parens) will be provided in full set scale as background for the project description , if available: □ Base topography (2) □ Base site plan showing building layouts, access points , parking, landscaping (4) □ Utility plan (2) □ Building elevations (1) □ Landscaping plans (1) □ On-site vehicle circulation for parking area access (including emergency access) (2) We would also request digital copies of the above graph ics (pdf or Adobe Illustrator format) to be incorporated into the EIR. A full list of data needs is provided in Appendix B .. Based on materials provided by the City , we will prepare graphics necessary for an adequate project description (e.g ., Regional and Project Location, Site Plan, etc.) and for an adequate assessment of environmental impacts . Our budget assumes that all graphics will be 8.5 by 11 inches and black and white, except for up to 12 graphics that are assumed to be color graphics that are 8.5 by 11 inches. The project description section of the EIR will identify the following: □ Size and location of the project site. □ Project components by phase, with square footage (net and gross), proposed heights, and bulk of each building . □ Specifics regarding hours and days of use, parking, access, and lighting. □ Defined "area of disturbance " for each new building that includes building envelope (which is assumed to include likely surrounding construction zone). □ Construction details, including proposed hours of construction. □ Occupancy for Whistlestop/Eden Housing (both residential and employee) and employee occupancy for both BioMarin buildings. □ Proposed drainage provisions, including on-site detention . □ Proposed grading (expected to be minimal) (cut and fill volumes , etc.). □ Lighting plans, if available. □ Alternative energy and energy conservations measures (summarized). □ Access to parking, parking provisions, and emergency access provisions (external and internal). El Staging areas for construction and types of construction equipment to be used (needed for noise analysis). □ Utility line extensions and new utility corridors (including mapping). □ Total net new area of impervious surface to result from new construction. □ Timing and staging of the project. □ The applicant's objectives for the project. □ Summary of required permits . This task assumes one round of edits after City review. Please note that we are requesting that formal City approval of our draft of the project description be completed prior to our starting the EIR analysis. It is critical that the City understands that analysis of the project will have to be redone if the project changes during the EIR process. We would like to minimize changes to the scope of work and budget as much as possible. TASK 6. SCOPING MEETING We have included one scoping meeting in our scope of work due to the complexity of the project and the fact that many people may be interested in attending. This meeting would allow the public to comment on CEQA topics that they would like addressed in the EIR. We will make a presentation about the project to be evaluated, using maps provided by the City, and briefly explain the CEOA process anrl topics to be addressed. The meeting will then be opened to public comments and notes will be taken . These notes will be summarized in the EIR. We would ask that City staff assist in notification for this meeting and the arrangements for a meeting space. Ms. Skewes-Cox can make the formal presentation related to the EIR. We would suggest that City staff and/or members of the applicant's team begin with a short presentation on the project itself, but that this presentation be limited to no more than 15 or 20 minutes. This presentation would be followed by Ms. Skewes-Cox explaining the CEQA process and the topics to be addressed. A handout will be provided for those who want to comment in writing rather than orally at the meeting . It is also a good idea to have large-scale drawings of the project on display in the meeting room so that people can view these before and after the meeting. We assume that the scoping meeting will be no more than four hours in duration. At this time, we propose that Ms. Skewes-Cox, Mr. Parisi, and Mr. Abelli-Amen attend the scoping meeting, but if the City would like additional team members to attend, this can easily be arranged. TASK 7. NOTICE OF PREPARATION We will prepare the NOP for the EIR and make one round of edits based on City comments. We suggest that the NOP summarize the topics to be addressed in the EIR. Digital copies of the administrative draft NOP will be prepared for City staff to review. We will revise the NOP and assume that City staff will distribute the public version to the County Clerk and the State Clearinghouse . We assume that the City will be responsible for mailing the NOP to neighbors. We also assume that the City will post the NOP on the City's website. The comment period for the NOP will be 30 days. We will incorporate comments received on the NOP into an appendix of the EIR in summary format. The EIR will address NOP comments in the EIR analysis, as appropriate. TASK 8. ADMINISTRATIVE DRAFT EIR The EIR team will prepare the Administrative Draft EIR, including all text, graphics, and footnotes, for review by City staff. The content and format of the EIR will be presented to staff early in the process to ensure that the format meets City standards. We will provide the City with one digital copy (non-write protected) and ten hard copies of the Administrative Draft EIR. We anticipate that the EIR will evaluate the topics listed below. For each topic, we will clearly identify existing conditions, potential impacts, and reasonable mitigation measures for potentially significant impacts. The Administrative Draft EIR will also include an introduction, a summary chapter (summarizing impacts and mitigation measures), and a project description. As required by CEQA, alternatives to the project will be evaluated as described below. Please note that we would request assistance from City staff in developing possible alternatives to the project. A. PROJECT DESCRIPTION AND SUMMARY The ADEIR will include the Project Description (described above under Task 5) chapter and a Summary chapter that will summarize all the impacts and mitigation measures that have been identified. The topics to be addressed are discussed below. A Summary table will clearly identify all impacts and mitigation measures (verbatim from main body of text). The Summary chapter will also identify any significant, unavoidable impacts that have been identified, and will summarize the project alternatives evaluated. 8. LAND USE Amy Skewe:;-Cox, AICP, will conduct the land use analysis and prepare this EIR section , which will focus on the project's compliance with existing City of San Rafael General Plan policies and zoning regulations. This section of the EIR will address all the land use entitlements being requested: a General Plan amendment, rezoning, use permit, and design review. Also, it is assumed that a parcel map may be required to separate the Whistlestop/Eden Housing site from the remainder of the parcel. Ms. Skewes-Cox will complete the following tasks for this EIR section: □ Identify existing land uses at the site and in the immediate environs, including easements. □ Summarize all land use entitlements and create a table to explain why these entitlements are required. This may be done as part of the project description and can be cross-referenced if needed. □ Explain density bonuses allowed and requested for both the Whistlestop/Eden Housing and BioMarin components of the project. □ Describe applicable planning documents relevant to the project site and surroundings, including the City's General Plan 2020, the City's Bicycle and Pedestrian Master Plan, and the City's Emergency Operations Plan. Also, address how the City's General Plan is currently being updated. □ Prepare a summary table identifying the project's relationship to relevant General Plan policies. Policies relevant to environmental impacts will be the focus of this analysis. Because policy consistency is a determination to be made by the decision-makers, the City may prefer that we only list relevant policies and not address policy consistency or applicable mitigation. This can be determined early in the scope refinement. Cross-references will be made to other sections of the EIR that have identified policies related to specific topics such as traffic, air quality, and other topics. o Identify mitigation measures as necessary. While not required by CEQA significance critieria, we can address the project's compatibility with surrounding development (addressing secondary issues such as noise, visual quality, etc .) if requested by-the City. C. VISUAL RESOURCES Amy Skewes-Cox will conduct the visual and aesthetics analysis with the assistance of Environmental Vision (simulation specialists). The proposed project will represent a significant change to a site that is now vacant and unvegetated within downtown San Rafael. Bui)ding scale and height of the proposed project, as related to the surrounding urban development, will be evaluated. Blockage of any significant views, as seen from Second Street and Third Street by motorists as well as by bicyclists and pedestrians, will be assessed. The potential for increased light and glare will also be evaluated. However, given that the site is within an urbanized core of the city, this potential impact is not likely to be significant. At this time, we assume that elevations and final visual simulations based on those elevations will be provided for the two projects. Ms. Skewes-Cox, who is trained in landscape architecture, will complete the following tasks: E] Document existing visual _ conditions, using photographs to supplement the text, with photos taken from key_ viewpoint locations approved by City staff (e.g., Second Street, Third Street, Brooks Street, Lindaro Street, and uphill at Boyd Memorial Park.). □ Summarize relevant visual-related policies of the City's General Plan. □ Assess the potential for impacts on scenic vistas and view corridors. Because the site is located within an urbanized area of San Rafael and buildings are primarily infill within the existing downtown, new buildings would not be expected to have significant impacts on scenic vistas. However, the proposed height of both the Whistlestop/Eden Housing building and the BioMarin buildings may have impacts on some long-distance views from publii;: locations and this will be studied in the field, especially in terms of views of Mount Tamalpais, the San Rafael hills, and Boyd Memorial Park. □ Identify the potential for increased light and glare from new development, especially as seen from nearby residences, as applicable. Because senior housing would be placed next to the two new BioMarin buildings and parking areas, light impacts for project residents will also be addressed. □ Document proposed landscaping and evaluate how such landscaping may minimize potential visual impacts of new development. If specific areas for visual screening have not been identified, we will suggest these as part of the recommended mitigation measures and include monitoring for the success of such screening. Landscaping with trees at the edge of the site is expected to be especially important given the scale of proposed buildings. The visual impact analysis will rely on the applicant's visual simulations. However, we have included the firm of Environmental Vision on our team to provide an objective review of the submitted simulations and to ensure that the ima~es are scaled correctly (see below). EIR text will refer to the simulations in explaining how the projects will appear from key vantage points. COMPUTER-ASSISTED PEER REVIEW OF VISUAL SIMULATIONS PREPARED BY PROJECT APPLICANT: Environmental Vision will conduct peer review of visual simulations prepared by the project applicant to show the proposed project design. The peer review evaluation will address the general accuracy of the simulation images by determining whether the location, massing, and scale of proposed development are shown correctly. In addition, the peer review will address questions of whether the simulation images provide a reasonable illustration of the proposed project design, and whether the simulation photographs show accurate, repres~ntative views seen by the public. For purposes of this technical review, Environmental Vision will employ computer-assisted modeling techniques, aerial photography data, and project design data (refer to requested data listed below). The budget includes evaluation of up to five visual simulations showing the proj~ct from ground-level viewpoints. Results of the peer review evaluation will be presented in a brief technical memo outlining assumptions, technical findings, methodology, and conclusions including recommendations for revisions, additional information, or new simulations from additional viewpoints. One review/revision cycle based on minor comments is included. The following data will be requested (Please note: digital drawings are requested in CAD and pdf format): m High-resolution image files and hard copy versions of the simulation photographs and rendered simulation images in addition to information on camera model and lens used to shoot simulation photographs; □ A scaled map showing the project layout with the simulation photograph point locations; □ Description of computer modeling and rendering methodology used to prepare the simulation images; □ Site plan drawing (to.scale) showing existing and proposed new building footprints with existing features; □ Elevation drawings with dimensions for proposed buildings; □ Information on proposed exterior color, material, and finish of buildings and structures; □ 3D digital project model; and □ Heights of existing nearby buildings/structures. ASSUMPTIONS: We assume that the applicant's visual simulations will be available at the start of the EIR to evaluate potential impacts as seen from critical nearby viewpoint locations. We assume that the City would request a simulation from Boyd Memorial Park upper elevations to confirm whether the project would be visible from this public vantage point. We also assume that project elevations in final format will be available at the start of the EIR. D. HAZARDS Bruce Abelli-Amen and Cem Atabek, both with BASELINE Environmental Consulting (Baseline), which specializes in characterization and cleanup of hazardous waste sites and related CEQA analysis, will evaluate potential impacts related to hazards that may result from development of the proposed project. The former use of the project site as a Manufactured Gas Plant (MGP) by Pacific Gas and Electric Company (PG&E) resulted in the contamination of soil and groundwater underlying the project site. By-products of MGP processes typically included tars, light oils, sludge, lampblack, and other hazardous materials that can contaminate soil and groundwater and cause substantial odors if exposed at the surface. Due to the health risks posed by the contamination, a deed restriction was established for the project site that prevents it from being used for residences or elder care facilities. Remediation activities have been performed at the project site; these included excavation and off-site disposal of contaminated soil as outlined in a Remedial AQtion Plan (RAP) that was developed and implemented under the oversight of the Department of Toxic Substances Control (DTSC). Post-remediation soil gas sampling has also been performed at the project site, and a Remedial Action Completion Report will be prepared to document the post-remediation conditions at the project site. Based upon remediation results, PG&E will work with DTSC to amend the deed restriction to allow residential development as long as the proposed development is designed to meet specific standards and protections. For the Hazards and'Hazardous Materials EIR section, Baseline will complete the following tasks: □ Review available regulatory agency records to describe known and potential hazardous materials issues at and near the project site. GJ Describe the environmental setting for the proposed project, including the existing conditions at the project site and the existing regulatory framework for hazards and hazardous materials that are applicable to the proposed project. □ Summarize post-remediation conditions and future actions. It is assumed that the Remedial Action Completion Report will be available by the time the CEQA analysis is underway. This completion report will provide updated information and assist Baseline in summarizing the future actions required to address the hazardous materials issues at the site. i;i Contact DTSC. In our experience, establishing and maintaining a dialogue between the CEQA team and DTSC staff provides valuable benefits to a successful CEQA process, including transparency and better understanding of health risk issues and future actions that will be required to maintain a safe project site. □ Identify potential impacts related to hazardous materials management. For example, it is likely that on-site excavations (for foundations and utilities) could encounter residual hazardous materials in soil that have strong chemical odors. These types of odors, when emanating from a construction site, can be highly alarming to the public. Baseline will ensure that this possibility is anticipated and that the soil management plan for the site includes measures to address odors that could be generated during construction (required by mitigation measure, if necessary). o Describe local policies, including policies in the City's General Plan that address hazardous materials and other public health and safety concerns. □ Assess potential public health and safety impacts for future construction workers and future occupants and workers that could result from project development. □ Draft practical mitigation measures to address any identified significant impacts. E. TRANSPORTATION AND TRAFFIC David Parisi and Andrew Lee of Parisi Transportation Consuliing (Parisi) will prepare a transportation and traffic analysis for the proposed project. The traffic analysis will be based upon a peer review of BioMarin's transportation analysis conducted by Fehr & Peers. It is assumed that Fehr & Peers' analysis will have adequately covered the following: □ An assessment of existing traffic conditions at all study intersections for weekday AM and PM peak hours. □ An estimate of vehicle trips that the project would generate upon full build-out. □ An assessment of existing plus project traffic conditions at all study intersections for weekday AM and PM peak hours. □ An assessment of cumulative and cumulative-plus-project traffic conditions at all study intersections for weekday AM and PM peak hours . □ An assessment of the project's potential impacts on vehicular traffic, pedestrians, bicyclists, and transit. □ An assessment of potential traffic impacts of limited on-site parking. □ An evaluation of relevant City General Plan policies related to transportation and parking . Parisi's tasks will include the following: □ Participate in an EIR kick-off meeting to ensure that the goals and objectives for the project are understood. Based on the kick -off meeting, Parisi will prepare a revised scope and fee, as appropriate. □ Review Fehr & Peers' transportation analysis and recommend changes, as appropriate. Any changes would be conducted by Fehr & Peers based on Parisi input. □ Prepare the Transportation and Traffic section of the Initial Study. □ Using the background transportation assessment, complete the Transportation section of the Administrative Draft EIR, which will include text with supporting tables, figures, and technical appendices. □ Respond to one set of unified, noT)-contradictory comments on the Administrative Draft EIR Transportation section and prepare the public review Draft EIR transportation section. a Assist in responses to transportation-related public comments. Parisi has included time to assist in responses to public comments on the Draft EIR as they .relate to the public review Draft EIR Transportation section for incorporation into the Final EIR. · □ Attend one hearing/meeting before the City Council or Planning Commission to answer questions and provide information on traffic impacts and mitigations as needed. City staff may determine this attendance is not required depending on the issues identified in the EIR. □ Manage the transportation elements of the EIR. ASSUMPTIONS: Only one administrative draft report is assumed. Because it is speculative to estimate the number and nature of transportation-related comments on a Draft EIR, Parisi has made certain assumptions about the level of effort required to assist in addressing such comments . If significant additional effort is needed to address transportation-related comments, Parisi will respectfully ask for a contract amendment at that time. Only those items specifically identified above are included in the scope of services. Parisi will not conduct any additional scope item without prior consultant or City staff approval. It is further assumed that Parisi will find that Fehr & Peers' transportation studv, including parking analysis and vehicle miles traveled (VMT) estimates, is reasonable and adequate, and that any changes identified by Parisi will be conducted by Fehr & Peers. It is assumed that no new traffic counts or surveys will be required. For any analysis of alternatives, it is assumed that such analysis would be qualitative only and that no new quantitative analysis will be necessary. F. NOISE Lisa Luo of Baseline will conduct the noise and vibration analysis. The major noise issues related to the proposed project would be exposure of nearby residents to construction-period noise (likely to include pile-driving), the potential increased traffic noise associated with the proposed project, and the compatibility of the proposed senior housing and R&D uses with the existing noise environment. Baseline will complete the following tasks: □ Describe existing noise conditions. The primary source of noise in the vicinity of the project site is vehicle traffic on Highway 101 and local roadways , including Second Street and Third Street. To establish the ambient noise levels at the project site and at nearby residential receptors, Baseline will collect up to two ~4-hour noise measurements and up to four short-term 10-minute noise level measurements (the exact number and location of the measurements will be determined during the site reconnaissance based on the conditions observed in the field) in order to help characterize ambient noise conditions . Based on the ambient noise level data collected, Baseline will evaluate whether the senior housing and R&D components proposed by the project are cons istent with the land use compatibility guidelines in the Noise Element of the City of San Rafael General Plan. □ Describe the existing regulatory environment for noise and vibration, including policies contained in the City's General Plan, Noise Ordinance, and any other applicable requirements. □ Assess short-term construction noise impacts. Sensitive receptors located in proximity to the project site include a three-story apartment building to the south of the project site. Baseline will conduct a quantitative analysis to determine whether the project would be likely to result in short-term noise impacts during construction. If potential short-term noise impacts on sensitive receptors are identified (i.e., if construction noise levels exceed construction noise limits in the City of San Hafael's Noise Ordinance), then feasible mitigation measures (which may include limiting work hours, equipment shielding, and noise barriers) will be developed. □ Assess long-term operational noise impacts. During operation, noise impacts could occur as a result of the increased vehicle traffic noise associated with the proposed project. Baseline will conduct a quantitative analysis to estimate project-generated traffic noise to determine whether the project would cause a significant increase in traffic noise levels along local roadways. Based on preliminary review, it is not anticipated that project-generated traffic would significantly increase long-term amb ient noise levels . □ Recommend mitigation measures, as needed, to reduce or eliminate any significant noise and /or vibration impacts to less-than-significant levels, if feasible . G. AIR QUALITY AND GREE_NHOUSE GAS EMISSIONS Ivy Tao and Patrick Sutton of Baselin~ will evaluate the potential impacts related to air quality and greenhouse gas emissions that may result from implementation of the proposed project. The primary temporary sources of air quality and greenhouse gas impacts would be off-road heavy-duty equipment and on-road haul trucks and vehicles used during construction. Construction activities would also generate diesel particulate matter (DPM), which could pose adverse health risks to off-site sensitive receptors at the adjacent hospital and multi-family residential buildings (and to residents at the proposed senior housing during Phase 2 construction of the BioMarin project component). Potential permanent sources of air quality and greenhouse gases impacts would be stationary equipment, building operations, and vehicular traffic. In particular, diesel emergency generators in the proposed buildings and use of chemicals in the proposed R&D facilities, if any, could result in significant incremental increases in health risks at the on-site and off-site sensitive receptors . In preparation of the air quality and greenhouse gas sections (two separate sections) of the EIR, Baseline will complete the following tasks: □ Describe existing air quality conditions in the San Francisco Bay Area Air Basin, including the regional climate, meteorology, and topography, as well as existing air pollution sources and ambient air quality conditions . □ · Describe the existing regulatory environment for air quality and greenhouse gases, including federal and state ambient air quality standards, provisions of the San Rafael Climate Change Action Plan issued in April 2009 and its subsequent annual updates, policies contained in the City's General Plan, and any other applicable requirements. (;] Determine the. significance of impacts related to the project's criteria air pollutant and greenhouse gases emissions in accordance the Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidance . This evaluation will be based on the most current version of the California Emissions Estimator Model (CalEEMod). Research laboratory emissions of reactive organic compounds (through vent hoods) could contribute to the project's criteria pollutant emissions. Therefore, we assume that the applicant will be able to provide information on the type and quantity of chemicals that would be used in the proposed lab spaces and the associated emissions. u Determine the significance of health risk impacts related to project construction and operation. DPM emissions from diesel equipment and vehicles used during project construction and from diesel emergency generator(s) during project operation will be modeled in a pollutant dispersion model in accordance with the relevant BAAQMD guidelines. Health risks due to the project's DPM emissions at the near~y sensitive receptors will be evaluated in accordance with the guidelines from Office of Environmental Health Hazard Assessment. El In addition to evaluating health risk impacts due to DPM emissions, conduct a health risk screening analysis as a part of permit application required under BAAQMD Rules 2-1 and 2-5, if the project would include more than 25,000 square feet of laboratories or more than 50 fume hoods in any of the proposed buildings. □ Evaluate the cumulative health risks due to project construction , operation, and other stationary and mobile sources of toxic air contaminants in the project vicinity using BAAQMD's online screening analysis tools. □ Determine the significance of impacts related to the project's consistency with the applicable plans and regulations, such as the BAAQMD 2017 Clean Air Plan and the City's Climate Change Action Plan. a Recommend mitigation measures, as needed, to reduce or reduce any significant air quality and/or greenhouse gas emissions impacts Plan to less-than-significant levels, if feasible. H. GEOLOGY, SOILS, AND SEISMICITY Bruce Abelli-Amen and Lisa Luo of Baseline will prepare an analysis of potential impacts related to geology, soils, and seismicity that may result from development of the proposed project.. The project site is located in a seismically active portion of Northern California, between the San Andreas Fault to the west and the Hayward/Rodgers Creek Fault to the east. Based on current estimates, it is likely that a major earthquake on these or other regional faults will occur during the design life of the project. The topography of the site is flat, eliminating the potential for impacts from landslides or other slope stability concerns. However, soils underlying the site consist of artificial fill over Bay Mud deposits, which may have the potential to liquefy during seismic events, magnifying potential earthquake impacts. The fill and Bay Mud deposits may .pose substantial challenges related to foundation designs for medium high-rise structures, potentially requiring pile foundations. In preparation of the geology, soils, and seismicity section of the EIR, Baseline will complete the following tasks: □ Describe regional and site-specific geologic and seismic conditions for the project site based on review of available geotechnical reports and other available information. □ Identify sources of regional earthquakes and expected levels of seismic shaking (and related potential for ground failure) at the site. □ Describe soil conditions (including erosion hazards and shrink-swell potential) at the site on the basis of Natural Resources Conservation Service mapping and available geotechnical investigations. □ Describe the regulatory framework for geology, soils, and seismicity, including state laws for seismic safety. Local municipal requirements and policies from the City's General Plan will be summarized. □ Evaluate the proposed project for compliance with local ordinances and requirements and standard geotechnical principles. Any potential impacts associated with seismicity or unstable soils will be described. □ Draft practical mitigation measures that would reduce or eliminate any identified significant impacts related to geologic, soils, or expected seismic conditions to a less-than-significant level. I. HYDROLOGY AND WATER QUALITY Bruce Abelli-Amen and Lisa Luo of Baseline will prepare an analysis of potential impacts related to hydrology and water quality that may result from development of the project. Development will be subject to National Pollutant Discharge Elimination System program (NPDES) permitting during construction and operation. The NPDES Construction General Permit requires implementation of Best Management Practices (BMPs) during construction activities, while the Phase II Municipal Stormwater Permit (Phase II Permit) E.12 provisions, implemented locally by the City, require capture and treatment of stormwater prior to discharge to storm sewers. Any stormwater discharges from the site would flow from the City storm drainage system to nearby San Rafael Creek, which is located approximately 750 feet south of the project site and discharges to San Pablo Bay. Flooding is also a concern, as much of the project site is located in a Federal Emergency Management Agency (FEMA)-mapped 100-year flood hazard zone. In preparation of the hydrology and water quality section of the EIR, Baseline will complete the following tasks: □ Review available site-specific hydrologic information, including the hydrology/floodplain study and Stormwater Control Plan prepared for the project.. □ Using information from site plans and publicly available resources such as the San Francisco Bay Basin Plan, describe regional and site-specific hydrologic and storm drainage conditions. □ Describe surface and groundwater quality in the site vicinity (contaminants in groundwater related to the former PG&E MGP site will be described in the Hazards section of the EIR), including existing water quality impairment of San Rafael Creek. □ Describe the regulatory framework for stormwater quality, including federal, state, and local plans, laws, and regulations . These will include local requirements, including the San Rafael Municipal Code and measures from the City's General Plan related to stormwater protection. □ Qualitatively evaluate changes in runoff volume and quality based on construction of new buildings, roadways, and other improvements as part of the proposed development. □ Describe potential water quality impacts, including discharge of urban pollutants (petroleum hydrocarbons and heavy metals associated with automobile use) from parking areas that could occur under the development. □ Draft practical mitigation measures that would reduce or eliminate any identified significant impacts related to hydrology and water quality to a less-than-significant level. J. PUBLIC SERVICES AND UTILITIES Natalie Macris will conduct the public services and utilities analysis, which will evaluate project impacts on police and fire protection services, water, sewer, and solid waste disposal services. Evaluation of emergency access provisions will be coordinated with the _ EIR traffic analysis. To address impacts on public services and utilities, Natalie Macris will complete the following tasks: □ Compile information on existing public service conditions in the project area through contacts with service agency personnel. □ Identify impacts on public services and utilities based on information from the City and service agency personnel. The evaluation will focus on the possible need for new or physically altered governmental facilities and the physical impacts of constructing these new facilities or facility alterations. The evaluation will consider whether effects on established service ratios, response times, capacity versus projected demand, or other performance objectives would result in the need for new or altered facilities, and whether construction of these facilities would cause significant environmental impacts. o Recommend mitigation measures as necessary. Storm drainage impacts will be addressed in the Hydrology and Water Quality section of the EIR, rather than in the Public Services and Utilities section. ASSUMPTIONS: For purposes of this proposal, it is assumed that the applicant will provide (1) written descriptions of existing and proposed service and utility features (e.g., water and sewer connections, emergency access, proposed utility relocations); (2) quantified estimates of water demand, sewage generation, and solid waste generation for the project, including during project construction; (3) written description of any measures inc/uded·in the project to limit water demand and sewage or solid waste generation; and (4) written description of any measures included in the project to avoid impacts on utilities in the vicinity. K. PARKS AND RECREATION Natalie Macris will complete the following tasks for thiso EIR section: □ Describe existing parks and recreation facilities in the vicinity. □ Analyze project impacts on parks and recreational facilities, including any facilities included in the project along with the potential for physical deterioration of existing facilities and requirements for new facilitie$ to serve the proposed development. □ Recommend mitigation measures for any potentially significant impacts. ASSUMPTIONS: For purposes of this proposal, it is assumed that the applicant will provide a written description of proposed on-site recreational features. L. ENERGY RESOURCES Natalie Macris will prepare the Energy Resources section of the EIR. The section will evaluate the potential for the project to have significant impacts on energy resources. Tasks will include the following: □ Compile information on existing gas and electrical facilities in the project area. □ Summarize project impacts on energy resources by identifying the project's proposed energy-saving features, projected energy consumption, consistency with applicable energy efficiency policies and standards, and the potential need for new energy supplies or facilities to serve the project □ Recommend mitigation measures as necessary. ASSUMPTIONS: For purposes of this proposal, it is assumed that the applicant will provide (1) written descriptions of any proposed energy-saving features; (2) quantified estimates of the project's energy consumption with and without any proposed energy-saving features, including consumption during project construction; (3) written description of proposed connections to and any proposed relocation of existing gas or electrical facilities; and (4) written description of any measures included in the project to avoid impacts on gas and electrical facilities in the vicinity. M. CULTURAL RESOURCES AND TRIBAL CULTURAL RESOURCES Tim Jones with LSA will prepare the Cultural Resources and Tribal Cultural Resources sections of the EIR. The Cultural Resources section of the EIR will (1) describe the prehistoric, ethnographic, and historical settings of the project site; and (2) evaluate potential impacts on cultural resources that may result from the proposed project. Cultural resource technical specialists will use available studies whenever possible. The Tribal Cultural Resources section of the EIR will (1) describe the results of the City's consultation efforts with the Federated Indians of Graton Rancheria, and (2) evaluate potential impacts on tribal cultural resources based on the results of this consultation. The following specific tasks will be completed: □ Conduct Records Searches and Literature Review. Records searches and a literature review will document the baseline conditions for cultural resources. LSA will conduct a records search at the Northwest Information Center at Sonoma State University to identify previously recorded cultural resources within, and cultural resource studies of, the project site. LSA will also request a review of the Native American Heritage Commission (NAHC) Sacred Lands File to identify sites of Native American concern in or adjacent to the project site. LSA will review appropriate literature to document the historical, ethnographic, archaeological, and paleontological contexts of the project site. □ Conduct Site Visit. A qualified cultural resources manager will conduct one site visit to observe and photograph the existing conditions. a Describe Relevant Laws, Regulations, and Policies. Relevant local and state cultural resource laws, regulations, and policies will be summarized in the EIR. □ Identify Potential Impacts and Develop Mitigation Measures. Potential project impacts on cultural resources and mitigation measures will be provided to avoid or to ,reduce the severity of significant cultural resource impacts. □ Respond to Comments. Cultural resources staff will respond to the following: (1) one set of non-contradictory City staff comments on the Administrative Draft EIR, and (2) public comments on the Draft EIR. ASSUMPTIONS: This proposal includes the following assumptions: □ There are no cultural or tribal cultural resources at the project site that will require recordation or evaluation. □ The City will conduct Assembly Bi/152 (AB 52) and Senate 8ill 18 (SB 18) consultation with appropriate local tribal representatives, including letter notifications and meetings. The City will communicate the results of this consultation to Ms. Skewes-Cox and LSA, who will prepare the tribal cultural resources section of the EIR. N. ALTERNATIVES Amy Skewes-Cox and Bruce Abelli-Amen will lead the alternatives development effort. CEQA requires that alternatives to the project be evaluated in the EIR. These alternatives must have fewer and/or reduced impacts as compared to the proposed project. Thus, the final selection of alternatives is best made after potential impacts of the project are known. We propose that the following alternatives be considered for evaluation in the EIR at a level of detail specified by the CEQA Guidelines and suggest that the City choose three alternatives that we will evaluate at a more general level than the proposed project:1 El No Project Alternative (assumes no change from existing conditions), which is mandated by CEQA; □ Project without a General Plan amendment or rezoning (we would request City staff assistance in identifying the level of development that could occur under this alternative and could still assume allo'A'.able density bonuses); □ Reduced Scale Alternative (may possibly assume a reduction in the Whistlestop unit count to 54 total units and/or a reduction in square footage for the BioMarin component); □ Alternative with increased on-site parking to meet code requirements; □ Redesigned Alternative (may include a reconfiguration of some buildings to result in fewer environmental impacts) and; □ Off-Site Alternative (if deemed feasible). Each alternative will be compared to the proposed project, especially as related to identified significant impact. It will also be important to compare the alternatives to the applicant's objectives identified in Chapter 1 of the EIR. The environmentally superior alternative will be identified. We will also identify and briefly discuss alternatives considered but rejected. For example, we may mention the original location proposed for Whistlestop (existing site near SMART station) and the reasons for rejection of that site. If the City would like additional or different alternatives included, this can easily be arranged. 0. GROWTH INDUCEMENT AND CUMULATIVE IMPACTS Amy Skewes-Cox will assess the growth-inducing effects of the proposed project on the general site area and the city as a whole. The analysis will include consideration of existing and projected development patterns in the vicinity, along with any existing land use controls that would limit growth inducement. The issue of growth inducement related to increased housing demands associated with increased employment will be addressed. The city's housing vacancy rate will be identified and we will discuss with City staff how this issue might best be addressed. The cumulative impacts of the project will be addressed for each topic of the EIR. We will request information from the City of San Rafael about other proposed or permitted projects that may not yet be developed in the area around the site . Other projects of importance are expected to include the relocation of the Transit Center, the 755 Lindaro project, and others that the City may identify. P. OTHER ISSUES The EIR team will complete the other required CEQA assessment conclusions regarding significant and unavoidable impacts and significant irreversible environmental changes. The Administrative Draft and Draft El Rs will also include 1 No detailed traffic modeling is assumed in the proposed budget for the alternatives evaluation. a brief review of other required CEQA topics such as Agricultural and Forestry Resources, Mineral Resources, and Population and Housing. No significant impacts related to these three topics are expected . TASK 9. PUBLIC REVIEW DRAFT EIR After receiving City comments, we will make any final changes to the Administrative Draft EIR (ADEIR) requested by City staff to produce the public review Draft EIR. We assume that all City comments will be consolidated into one comment copy (to avoid conflicts among commenters). We would request that the City's CEQA attorney take part in review of the ADEIR. One screencheck copy of the public review Draft EIR will be submitted for City approval prior to printing. We will submit one electronic (Microsoft Word 2010) non-write protected copy, 30 bound copies, and 1 CDs or thumb drive with the public review Draft EIR in pdf format (including graphics). We will also identify the cost per copy if these exceed the budget we have set aside for this task. A total of 15 CDs will be prepared for the copies to be sent to the State Clearinghouse. A total of 30 CDs will include the appendices at the back of the Draft EIR hard copies. TASK 10. NOTICE OF COMPLETION We will prepare the Notice of Completion (NOC) for submittal by City staff to the State Clearinghouse and County . Clerk. We assume that the City will submit the required number of El Rs to the State Clearinghouse. We assume that the public review Draft EIR will be distributed to other interested parties by City staff. We can make additional CDs and hard copies upon request. We would ask that the City file the NOC with the County Clerk; however, we can adjust our scope of work to include this task if requested to do so by the City. TASK 11. PUBLIC HEARINGS Amy Skewes-Cox will attend one public hearing (four hours) with the Planning Commission during the Draft EIR review period. She will also attend two four-_hour meetings with the Commission and two four-hour meetings with the Council during the Final EIR and project entitlement process. Mr. Abelli-Amen and Mr. Parisi will be available to attend three of these hearings. If requested by the City, other CEQA team members can attend hearings with a scope amendment. We have included a court reporter be present to record the proceedings for up to five hearings (20 hours total). In this way, the Final EIR can address all oral comments . TASK 12. ADMINISTRATIVE DRAFT FINAL EIR After the public comment period for the Draft EIR, we will produce the Administrative Draft Final EIR, including an introduction outlining the Final EIR purpose and contents, responses to all comments received during the comment period, and a section on changes to the Draft EIR text. We will provide the City with one electronic (Microsoft Word) non-write protected copy and five hard-copy prints of the Administrative Draft Final EIR. We assume that a rewrite and reprinting of the entire Draft EIR will not be done, but that the Final EIR will be an Addendum to the Draft EIR. It is very difficult to anticipate the number of comments to be received. At this point, our budget assumes responding to up to 30 letters, or a maximum of 120 distinct comments, whichever is less. We assume that some comments can have a standard response that is applicable to repetitive comments, and propose "Master Responses" for this reason. The hours shown in the proposed budget are our best estimate of the time required. However, should the comments substantially exceed our estimate, we would request that a budget adjustment be made for this task. TASK 13. FINAL EIR We will make any final changes to the Administrative Draft Final EIR requested by City staff to produce the Final EIR, which will consist of the comments and responses along with revisions to specific sections of the Draft EIR text. The Final EIR is assumed not to include all the text (as revised) of the Draft EIR. We will submit one electronic (Microsoft Word) non-write protected copy, 30 bound copies, and 1 CD or thumb drive with the EIR in pdf format (including graphics). At this time, we assume that City staff will distribute the Final EIR. TASK 14. MITIGATION MONITORING AND REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) will include all mitigation measures identified in the EIR . The MMRP will be a stand-alone document and will also be incorporated into the Final EIR. The MMRP can be integrated into the Final EIR. TASK 15. DRAFT AND FINAL FINDINGS At this time, we assume that the City's attorney will prepare the necessary Findings for adoption of the EIR. This task is not included in our scope of work. However, we can easily add this task to our scope, assuming that legal review of our findings would be done prior to publication. TASK 16. NOTICE OF DETERMINATION Once the project is formally approved by the City, we will prepare the Notice of Determination (NOD) (to be filed within 5 days of approving the project). We assume that City staff will file the NOD with the County Clerk. However, we can easily adjust our scope of work to include this task if preferred by the City. TASK 17. PROJECT MANAGEMENT AND WORKING WITH CITY AND APPLICANT'S CONSULTANT TEAM Amy Skewes-Cox will have primary responsibility for project management, with assistance from Bruce Abelli-Amen as her Assistant Project Manager. Project management includes the following: □ Finalizing the contract with the client; a Finalizing subcontracts with team members; a Helping on background staff report information that City staff will incorporate into project staff reports, as related to environmental findings; i.:i Communicating with City staff and team members throughout the EIR process; o Scheduling with team members and the client; □ Invoicing; and □ Disseminating project drawings and information to all team members. Ms . Skewes-Cox and Mr. Abelli-Amen will both be available for meetings with City staff. Ongoing phone calls and email correspondence are included in this task. Ill. PRODUCTS, MEETINGS, AND SCHEDULE i!I II II A. PRODUCTS AND MATERIALS TO BE PROVIDED BY EIR CONSUL TANT We will submit the following products to the City: 1. Draft Project Description: One electronic, non-write protected copy. 2. Administrative Draft NOP: One digital copy and five hard copies. 3. Administrative Draft EIR: One electronic (Microsoft Word 2010) non-write protected copy and five bound copies. 4. Public Draft EIR: One electronic (Microsoft Word 2010) non-write protected copy, 30 bound copies, and one CD/thumb drive with the EIR in pdf format (including graphics). Fifteen CDs for State Clearinghouse delivery will be provided. 5. Administrative Draft Final EIR: One electronic (Microsoft Word 2010) non-write protected copy and 10 bound copies. 6. Final EIR: One electronic (Microsoft Word 2010) non-write protected copy, 30 bound copies, and one CD/thumb drive with the EIR in pdf format (including graphics). 7. Mitigation Monitoring and Reporting Program: One electronic (Microsoft Word) copy as part of Administrative Draft Final EIR and Final EIR. 8. Notice of Preparation, Notice of Completion, and Notice of Determination: One digital copy of each. High-resolution pdf files will be prepared for all public documents (including all color and black/white graphics). For the City's website, a low-resolution pdf file will be created for public review documents, broken into manageable chapters for searchable text. The main PDF file will be divided into individual chapters so that the digital file can be loaded more easily on the City's website. 8. MEETINGS AND HEARINGS Amy Skewes-Cox will attend the following meetings: □ Twelve 2-hour meetings with City staff □ One 4-hour scoping meeting □ One 4-hour Planning Commission meeting on Draft EIR □ Two 4-hour meeting with Planning Commission on Final EIR □ Two 4-hour meetings with City Council on FEIR Bruce Abelli-Amen will be available to attend one-half of these meetings, ?S requested by City staff. David Parisi will attend the scoping meeting, 3 public hearings, and 6 meetings with staff (assumed to be 2 hours each). C. TENTATIVE SCHEDULE Our proposed work schedule for the EIR is shown in Table 1A. Compliance with the schedule is highly dependent on the timely submittal of the required information listed above and review comments by City staff. The schedule assumes a start date of September 2018. At this time, we are not expecting significant unforeseen delays, However, if the project does not terminate by December 2019, we would request a budget augmentation if unexpectP.d delays are caused. Table 1 B shows an optional schedule if an Initial Study is not included in the scope of work (see Section IV below). This second schedule table shows that about 11 fewer weeks would be needed if an Initial Study were not included. TABLE 1 Tentative Schedule for BioMarin and Whistlestop/Eden Housing EIR Prepared August 2018 Project Start-Up with Kickoff Meeting Startup and Preparatio·n of Project Description City Reviews and Approves Project Description Conduct Initial Site Visit for Team (other site visits to be held during EIR process) Complete Notice of Preparation City Reviews Notice of Preparation NOP out for public review (includes 4 days for publication/distribution) Scoping Meeting (expected to be in early Spring or late winter 2019) Begin Administrative Draft EIR (assumes all data in hand from revised studies) Traffic section completed and delivered to Air/Noise team All EIR sections completed and submitted to EIR Project Manager (assumes no major new issues raised by comments on NOP). Traffic section delivered to air/noise team 2 weeks rior Administrative Draft EIR Finalized Internally by Skewes-Cox team City Staff Review Administrative Draft EIR CEQA Teams Revises ADEIR and Prepares Screencheck Draft EIR City Revews Screencheck Draft EIR EIR Printed and Submitted for Public Review !Public Review of EIR (45 days minimum) Prepare Admin . Final EIR City Staff Review Admin. Final EIR Revise and Submit Screencheck Final EIR City staff review and approve Screencheck Final EIR CEQA Team Prepares Final EIR and MMRP for public distribution I". Final EIR out for public review (20 days) Certification of FEI R ( to be determined -estimated to be Fall 2019) Calandar Days to Complete 0 14 7 Ongoing 5 7 34 to be determined 14 62 36 21 14 14 3 45 21 21 14 14 14 20 7 Start Date 1 On/2018 10/1/2018 t0/15/2018 ongoing 10/15/2018 10/20/2018 10/23/2018 10/22/2018 12/8/2018 10/22/2018 12/23/2018 1/28/2019 2/18/2019 3/4/2019 3/18/2019 3/21/2019 5/5/2019 5/26/2019 6/16/2019 6/30/2019 7/14/2019 7/28/2019 8/17/2019 I I Completion Date 10/7/2018 10/15/2018 10/22/2018 10/20/2018 10/27/2018 11/26/2018 10/22/2018 12/22/2018 12/23/2018 1/28/2019 2/18/2019 3/4/2019 3/18/2019 3/21/2019 5/5/2019 5/26/2019 6/16/2019 6/30/2019 7/14/2019 7/28/2019 8/17/2019 8/24/2019 Note: This schedule Is subject to revisions based on consulation with City staff through the duration of the process. This schedule assumes that revisions to address staff comments on administrative drafts would not require substantial new analysis, and it also assumes that the project description would not be revised substantially. once it is approved by City staff. • If NOP comments result in requiring revisions to the ADEIR, the schedule will change. IV. ESTIMATED COSTS ■ II ii The EIR will be completed for a time-and-expense not-to-exceed budget of $231,476 as shown in Table 2. Our printing/reproduction budget assumes that the EIR will be no more than 250 pages and will have up to 10 color graphics and no 11-by-17-inch graphics. If the City requests that significant appendices material (e.g., geotechnical study) be attached to hard copies, we would request that an adjustment be made to the printing budget, which is shown in Table 2. We have assumed production of the requested number of hard copies of documents, and full digital copies for all documents in both Microsoft Word and pdf format. A total of 15 CDs will be provided of the Draft EIR for submittal to the State Clearinghouse. And 30 CDs will be provided in hard copies of the Draft EIR for the appendices material. A 20 percent contingency budget has been recommended under "Optional Items". We would bill the City on a monthly basis with payments due within 30 days. Table 2 Budget for BioMarin and Whistlestop/Eden Housing Full EIR EIRTeam i 1 j 1 I I Principal/ I Environmental { Environmental Environmental ! I . I I ! i Principal i Planner Traffic i Traffic Traffic i Traffic • Deputy PM I Engineer Ill j Engineer II Engineer I Cultural Word i (AS-C) I INM) (Parisi) 1 IParlsi) (Parisi) (Parisi\ i !Baseline} i (Baseline} , (Baseline) (Baseline) (LSA) i Graphics i Process. Tolal Hrly,Rale1 $220 I $135 $245 i $165 I $130 I $105 I $220 I $175 I $160 $140 ' $135 ' $85 i $90 Hours 1. Coonllnallon with st,n 8 I ! ! ! I i ! ' i 8 $1,760 2. Review Background Information 10 i I 6 i 8 l 6 i 6 l 1i 2 2 i j 41 $7,665 J, SIie Visit 4 i i 4 l i 4 l i 4 i ! i 4 i i 20 SJ,800 4. Meellngs wilh Citv llhrouohout orocessl 24 i i 12 i l I i 12 i ! i I 48 S10,B60 5, Prepare Project Descrlollon 12 I 5 ! I I I 4 i ' i I 5 I 3 29 S4,B90 6, Scoolng Meetlng 4 ! 4 j i ! ! 4 i ! l ! ! ! 12 $2,740 7. Preoare NOP 4 ! i i ! ! 2! "i I i ! ! 1 7 S1,410 8, Administrative Draft EIR I i ! i I ! ! ! ! i i ln~oduction 11 ! ~ i i i I l I I i 1; 2 $310 Summari 2 ! i I ! i i i ! 1 I l 1 3 S530 Prolect Description (see above) ! 5 1 ! ! ! i 21 I i ! I 1 8 $1,630 Aesthetics ! 16 i i I i i i i I ! I 2 i 2 20 S3,B70 Al:lriculb.Jral and Foresb'v Resources 1! .. I I ! I I I i I i ! 1 2 S200 Air Quafity and Greenhouse Gas Emissions I 2 i i i i ! I 4i 41 65 i j ! 2 i 2 79 $12,770 Blolocical Resources i 1i I 1 ! I j ! I ! 1 2 S310 Cultural Resources and Tribal Issues 1i i ! i ! I ~ 40 I i 1 42 $5,710 Enerav 1i 20 ! i I 1 i I ! I ! 1 22 $3,010 Geoloov and Soils 1i i I j i 1! I 16 i I 2 i 1 21 $2,940 Hazards and Hazardous Mai.rials 2' i I ! 4 j 40 i i I I 2 i 2 ! 50 SB,670 Hvdrology and Water Qua6ty 21 1 ! i i 11 I ! 20 ! 1 2 ! 2l 27 $3,610 1 Land Use and Plannlno I 20 I i ! i I ! I i i I 2 ! 2 i 24 S4,750 Mineral Resources i 1i ! ! ! I I i I I j i ! 11 2 $200 Noise i 2! i i I I ! 4! ! i sol i i 2 ! 6B 5g,900 Population/Housina i 11 I I I I I ! i I I I 1i 2 S310 Pubic Setvfc:es i 11 15 ! I ! i I i ! i ! I 11 17 $2,335 ____, Recreation I 1! 5 I i ! i I I ! j I I 11 7 $875 TransoortaUon/Traffic I 3 j ! 18 i 16 ! 40 i 16 I I I ! j I 3 I 3 i 99 S15,115 Pubfic Utiities i 1i 20 ! I ! I I ! ! ! ! 2 i 23 $3,100 ; i i I i i I ' l ! I i Alternatives ! 8 ! I j 6 ! 10 i 6 I i I I 3 ! 3 ! 38 $5,695 CEQA Conclusion Chapt,r ' 4 I I I i I I I I i I I 1l 5 S970 Review and Editino ! 16 I 25 l I i I j i i I I I 4 ! 16 i 61 $8,675 9, Draft EIR j 24 I 15 i 41 I 8 ! 4 I 21 11 21 2 ! i 3 i 14 ! 79 $12,475 11. Notlce of Completlon 2 I I ! ! j I I I I i I ! 11 3 $530 12. Public Hearings lfor all stages) 20 ! i 12 I I 12 i I I I I i I 44 59,980 13, Admln. Draft Final EIR I 32 i 15 I BI a I 24 j 121 Bl 21 6 I 8 I 41 2 I 16 I 147 $23,245 14. Final EIR I 24 i 10 I 4 l I 12 j 4 ! 3 I j 2 I 21 4 l i 14 ! 79 $12,650 15, MltlAation Monitoring Program I 6 I 1i ! I i I I I I I i j 21 9 S1 635 16. Findings i i i i I i i I i I I I ! I 0 $0 17. Notice of Delennlnatlon ' 2' I I I I I I I I I i i 11 3 $530 18, Pnolect Manaoement ! 32 l I ! ! I ! 17 I I I I I ! 49 $10,760 TOTAL HOURS I JOD l 131 I 72 ! JB l 104 I 36 I 96 ! 48 I 77 I 110 I 52 j J2 i 103 I 1,199 TOT AL lABOR COST i $65,aso I $17,685 ! s11,s40 I $6,210 I $13,520 I $3,780 I $21,120 j n,400 I $12,320 i s15,400 I 11,020 I $2,720 i $9,210 I 1201,035 $201 035 01,;cl· c,;sts "and ~vnenses Defiverles and Communications S100 Travel S50 Maas, Plans, Reoorts $50 Court Reoorter /American Reoortino Services); Assumes 100 oaoes oer hearina and 5 hearinos; II ls S8/oaae of transcriot and SBO oer hour labor. assumes 20 hrs. to tall $4,000 CDs for deliverv to Slate Clearinahouse and 30 CDs for aooondices of Dralt EIR $68 Report Renmduction $4,600 Subtotal Direct Costs and ExDenses $8,868 Subconsultanls Direct Costs and Soeclallsls Parisi Trans. $200 lli~~rmenlai Consultina $300 NWC records search feel $250 $200 nm n I Vision $6,660 IISubtota/ Subconsu/lants Direct Cosls $7,610 IITOT AL DIRECT COSTS AND EXPENSES $16,478 ... ,.,,.,-.,--n•=•• $13 963 CTTOTAL II $231,476 ,. ~ . . . -' --. ·-.. .. -·--,-. -.. . - asks Contingency Budget S46,295 Al?.AMl"\◄R CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development-Planning Division Project Manager: Raffi Boloyan, Planning Manager Extension: 3095 Contractor Name: Amy Skewes-Cox; Reimbursement Agreement Contractor's Contact: 415-203-0454 Contact's Email: amysc@rtasc.com D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Pub lic Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 8/16/2018 8/16/2018 8/24/2018 8/24/2018 8/24/2018 ~ N/A Or 9/17/2018 10/1/18 /b}S-)1'1' JD/5/,~ ID/to (t~ 10 /10 /1 PJ • . REVIEWER Check/Initial □ □ ~ LG ~ LG ~ ~ RB kJl- ill--./'. ~ r ~ V AGREEMENT FOR PROFESSIONAL SERVICES WITH LAK ASSOCIATES, LLC, TO SERVE AS PROJECT PLANNER FOR THE BIO MARIN & WHISTLESTOP/EDEN HOUSING PROJECT PROPOSED AT 999 3RD STREET This Agreement is made and entered into this \ day of QC,tob-Gf, 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LAK ASSOCIATES, LLC (hereinafter "CONTRACTOR"). RECITALS WHEREAS, BioMarin Pharmaceuticals, the owner of the 999 Third Street project site, have expressed interest in pursuing a development proposal to consisting of a research and development facility and will partner with Whistlestop/Eden Housing for a senior housing facility with support service on the same site (the "BioMarin/Whistlestop project"); and WHEREAS, the proposed BioMarin/Whistlestop project at 999 3rd Street, would require planning entitlements including, but not limited to, a General Plan Amendment, Zoning Amendment (Planned Development) Minor Tentative Subdivision, Use Permit, Design Review Permit, and Sign Program, and WHEREAS, given the current workload of CITY staff, the CITY has determined that professional planning services are needed to supplement the existing staffing through assignment of this project to an experienced planning consultant with the capacity and expe1tise to process a project of this nature. WHEREAS, CONTRACTOR has submitted its proposed "Approach and Scope of Work" dated July 25, 2018, which is attached hereto as Attachment "A" and incorporated by reference herein; and WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY's Project Manager. The Planning Manager is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Sean Kennings is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Page 1 of9 ORIGINAL AgTeement Tequire a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide professional services as Contract PlanneT for the BioMarin/Whistlestop project, including but not limited to review of plans and application materials, con-espondence with applicant and public and City staff, coordination and management of City's review of the project, preparation of staffrep011s, analysis of the project for consistency with adopted Plans and Ordinances, and any other tasks described in Attachment "A", attached. These services shall be performed under the supervision of the Planning Manager, in conjunction with the CITY's procedures for processing development entitlements .. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone and computer facilities. CITY shall provide CONTRACTOR with copies/sets of project plans and materials, historical files on this development, local plans, ordinances and reports that are pertinent to the project that has been assigned to the CONTRACTOR. The CITY shall provide CONTRACTOR with supervision and direction on processing the development application in accordance with local procedures. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $155.00 per hour. The billing amounts authorized under this Agreement shall not exceed $65,000 without express written approval of the City Manager. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The te1m of this Agreement shall be for 18 months commencing on October 1, 2018 and ending on March 31, 2020. Upon mutual agreement of the parties, and subject to the written approval of the City Manager, the term of this Agreement may be extended for an additional period of 12 months. 6. TERMINATION. A. Discretionary. Either paiiy may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Page 2 of9 B. Cause. Either party may tem1inate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of tem1ination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and ' all CITY docmnents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the pe1formance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHJP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any pm-pose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all docun1ents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the perfonnance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insm-ance policy in the minimmn amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. Page 3 of9 3. If any licensed professional perfon11S any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's pe1formance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. !fit employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits ofno less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any 1ight of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR m subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 010413. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Fann, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. Page 4 of9 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primarJ and noncontributory basis for the benefit of CITY (if agreed to in a wiitten contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be : (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment oflosses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION . A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City lndemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by Page 5 of9 the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City lndemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City lndemnitees their costs of defense, including reasonable attorneys' fees, inc1med in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be perfonned by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent pem1itted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In no event shall the cost to defend charged to the design professional exceed the design professional' s proportionate percentage of fault. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discliminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national oligin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. Page 6 of9 14 . NO THIRD-PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES . All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Raffi Boloyan, Planning Manager City of San Rafael TO CONTRACTOR's Project Director : 1400 Fifth Avenue San Rafael, CA 94901 Sean Kennings LAK Associates 3030 Bridgeway, Suite 103 Sausalito, CA 94965 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17 . ENTIRE AGREEMENT --AMENDMENTS . A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. Page 7 of9 C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the tenns and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the tenns and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any tenn, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES . The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/ OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work perfmmed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). Page 8 of9 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR By:~ Name: 4~ f~IN65 Title: f2 pm (}ve:YL ATTEST: i1C'BC~ LINDSAY LARA, City Clerk APPROVED AS TO FORM: Exhibit A: LAK Associates Planning Services for BioMarin/Whistlestop Project -999 3rd Street Page 9 of9 City of San Rafael July 25, 2018 Approach and Scope of Work LAK Associates, LLC is pleased to submit this Scope of Work for the management and oversight of the BioiVlarin/Whistlestop 999 3 rd Street project application and Environmental Impact Report (EIR). As planners we are sensitive to our clients' objectives for creating and maintaining a superior and legally defensible document. Our focus is to make the environmental analysis and report preparation run as smoothly and timely as possible. We will work with the Applicant and the City of San Rafael to comprehensively and expeditiously prepare the project review and management, including preparation of staff reports, noticing, presentations and oversight and r"eview of the EIR preparation. We will review the available background information, including all materials on file, plans and supporting data as well as reports prepared by City staff. If there are any critical gaps in the data, we will identify the methodologies required to obtain the necessary materials. We will then identify the necessary steps to achieve project approval and schedules required to gain these approvals. Working with the city staff, we will strive to create an efficient and appropriate work plan to satisfy both the applicant and the greater San Rafael community. LAK Associates will work with Raffi Boloyan of the City of San Rafael to achieve the EIR timeline and submittal deadlines. Working with the appropriate members of City staff, LAK will coordinate review and approval efforts to ensure a streamlined permitting process. LAK will also assist the environmental consultant to help coordinate with local community leaders to receive input and support during the preparation of the EIR. This scope of work assumes a project timeline of approximately 18 months. For the 999 3rd Street project, LAK Associates would perform the following general services: • Review of the City's General Plan, Zoning Ordinance, SRCC PD, reports and other background materials relevant to the proposed development site, including relevant existing or proposed projects within the City and Marin County. • Review of proposed development plans and application materials prepared by applicant. • Meetings with the Bio Marin design team, as directed by City of San Rafael. • Meetings, as directed by the City of San Rafael, from time to time, with City staff, federal, state and local agency staff, interested stakeholders, including special interest groups and individuals to further the objectives of the applicant. • Meetings with the BioMarin Project Team, as directed by the City of San Rafael, to review administrative drafts for CEQA and other environmental documents prior to public notice and comment periods. • Telephone and electronic communication, as necessary, to facilitate the project application process. • Assistance in the identification, selection and management of environmental consultants, as directed by City of San Rafael and applicant. Attachment A City of San Rafael July 25, 2018 • Written staff reports, memoranda, letters, and other documentation, as requested by the City of San Rafael. • Oral presentations, as required. • Other, unspecitied services, as requested by City of San Rafael. Task 1.0 -Provide Planning and Project Management 1.1 Assist Applicant to revise and refine application based on City of San Rafael's development standards and design guidelines, staff recommendations and community input. Schedule, prepare and help facilitate public hearings or meetings for draft project review and determination. Products: Schedule: Project Description: 20 -50 hours Months one and two 1.2 Provide overall planning review and management of application. Conduct application review, prepare internal City referrals, staff report preparation and noticing and presentations to the Design Review Board, Planning Commission and City Council, as needed. Products: Schedule: Staff Reports, Noticing, Public Hearings: 100-150 hours Ongoing Weekly or bi-weekly status reports, in electronic mail format, can be submitted to the Applicant planner for review and discussion. Monthly status reports, using the format developed by the City of San Rafael, will submitted to the appropriate staff contact for review and discussion. Action items, with responsibilities and schedules will be included with both types of reports. Draft and final documents will be submitted to City Staff in Microsoft Word format, Adobe PDF, or compatible files as determined by the City. In addition, all printed materials will be prepared in the most appropriate format to permit ease of photocopying, as defined by the Planning Department. Environmental Impact Report Coordination and Oversight The EIR process could take between 8 to 12 months and LAK will work with City staff to oversee deliverables. LAK would provide the following services: Task: 2.0 -Preparation of EIR -6 to 8 months 2.1 Assist City of San Rafael with selecting an environmental consultant, as needed. Coordinate with environmental consultant to develop schedule of deliverables. Ensure finished reports are circulated within City of San Rafael departments for review and City of San Rafael July 25, 2018 comment. LAK would facilitate periodic meetings to review status of EIR. Prepare comments and review final Ad min Draft EIR. Product: Schedule: Meeting: Admin Draft EIR: 40 hours Four to Six Months BioMarin/San Rafael comment review meeting 2.2 Review screen-check Draft EIR and provide feedback prior to Draft EIR release. Schedule and facilitate public comment hearing for Draft EIR comments. Product: Schedule: Meeting: Public Comments: 10 hours Two weeks for Screen Check review: 45 days for public comment Public Comment Hearing 2.3 Facilitate review/evaluation of public comments. Coordinate/facilitate consultants' meeting to receive/review comments. Maintain schedule for preparation of responses to comments and review draft responses to comments. Product: Schedule: Administrative Draft Final EIR: 20 hours Two weeks to four weeks 2.4 Review the Administrative Draft Final EIR and prepare draft comments for internal review. Coordinate with inter-City and State agencies to review and provide comments. Manage environmental consultant in preparation and printing/distribution of Draft Final EIR. Coordinate/facilitate public hearing(s} on Draft Final EIR. Product: Schedule: Review BioMarin/City Comments: 20 hours Two to three weeks for Adm in Final Draft EIR 2.5 Review screen-check Final EIR and provide feedback prior to Final EIR release. Product: Screen Check Comments: 10 hours Schedule: Two weeks for Screen Check review 2.6 Manage environmental consultant in preparation of Final EIR. Manage environmental consultant in distribution of Final EIR. Manage certification of Final EIR and manage/prepare findings. Manage approval process for Final EIR. Prepare/distribute Notice of Determination (NOD). Product: Printed Final EIR, NOD: 10 hours Schedule: Two to four weeks Meeting: Planning Commission/ City Council Hearing City of San Rafael July 25, 2018 BUDGET AND HOURLY BILLING RATES Based on the level of effort required to manage and oversee the proposed project, LAK Associates w011ld contr;:ic:t ;:it a rate consistent with a Senior Planner or Senior Project Manager. As such, the current billing rates for LAK Associates is listed below. The rates shown include all individual costs, including administrative time and time spent in hearings, workshops and meetings. Extra Services, as requested and/or authorized by the Planning Manager, will be charged at the rates shown below. Travel expenses will comply with the schedule developed by the City of San Rafael. Only out-of-pocket travel related expenses, including fuel and pre-diem costs, will be charged to this project. Team Member Sean Kennings 755 Lindaro Permit Extension: Billing Rate/Hour $155 Conceptual DRB and Planning Commission: Pre-App Environmental Review RFP Preparation: Planning Review and Coordination: EIR Coordination and Review: $1,551 $9,067.50 $3,022.50 200-hours -not to exceed $31,000 120-hours -not to exceed $18,600 Total Not to Exceed: $65,000 LAK Associates already carries the level of insurance required by the City of San Rafael. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development-Planning Division Project Manager: Raffi Boloyan, Planning Manager Extension: 3095 Contractor Name: LAK Associates, LLC (Sean Kennings) Contractor's Contact: (415) 533-2111 Contact's Email: sean@lakassociates.com D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Revie,w and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 8/16/2018 8/16/2018 8/22/2018 8/17/2018 8/24/2018 rJ N/A Or ji,1eyt1t e r a d te. 10/1/18 l t/q /Jg,- p/q / 1 g, 11 /11/t k \\h4\tt I REVIEWER Check/Initial □ □ ~ LG ~ LG ~ □ RB ~ ~~- (~ l _').) n [7\. V\-, REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into this September 20, 2018 ("Effective Date"), between BioMarin Pharmaceutical Inc. ("Developer"), and the CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of the State of California ("the City"). RECITALS A. Developer is preparing to submit an application for a development proposal to add a Research and Development facility with Senior Housing development on a portion of the site ("the proposed project"). B. Developer is considering options for the new research and development facility and senior housing project and has not yet finalized plans for submittal. C. Pursuant to the City's comprehensive planning and environmental review process, the City has tentatively determined that the proposed project will require the following permits and land use entitlements [ mark those applicable]: [X] General Plan Amendment [X] Zoning Change/Planned Development [X] Minor Subdivision/Tentative Map [ ] Major Subdivision/Tentative Map [X] Use Permit [X] Environmental and Design Review [ ] Variance [X] Sign Review/ Sign Program/Amendment [X] Environmental Impact Report D. Due to the current work load of the City's Community Development Department and the aggressive timeline requested by the Developer, the City must hire a Contract Planner to serve as "Project Planner" for this project and expedite the review of the proposed project on the condition that Developer reimburse the City for its costs incurred in connection with these outside vendors ("Contract Planner"). E. In addition, due to the complexity of the environmental review process and the expertise required to comply with the California Environmental Quality Act (CEQA), the City must hire an Environmental Consulting firm to provide CEQA guidance and prepare an Environmental Impact Report in accordance with CEQA ("Contract CEQA Consultant"), and City may also be required to consult with an outside law firm for expert legal advice regarding CEQA or other applicable law ("Contract Law Firm"), on the condition that Developer reimburse the City for its costs incurred in connection with these outside vendors. Page 1 of7 ATTACHMENT 3 L\-S-155A JRIGINAL F. California Public Resource Code Section 21082.1 authorizes the City to employ a Contract Planner and Contract CEQA Consultant to provide planning and environmental review services, including preparation of the environmental documents required by the California Environmental Quality Act (CEQA) for the proposed project. G. California Government Code Section 66014, California Public Resource Code Section 21089, and San Rafael Municipal Code Section 3 .34.40 entitle the City to recover its costs of processing the applications for the land use entitlements required for the proposed project, including but not limited to the cost of the City's preparation and review of all required environmental documents. Accordingly, the City is entitled to recover its Contract Planner and Contract CEQA Consultant costs from Developer. H. This Agreement is intended to set forth procedures and a funding mechanism for Developer's payment of all planning and environmental consulting costs that will be incurred in connection with the proposed project. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: TERMS OF REIMBURSEMENT AGREEMENT 1. Recitals Incorporated. The foregoing recitals are incorporated into this Agreement. 2. Reimbursement. The City will contract directly with Contract Planner and Contract CEQA Consultant to provide planning and environmental consulting services for the proposed project. Developer agrees to reimburse the City for all Contract Planner and Contract CEQA Consultant costs that the City incurs which are related to the proposed project. The Contract Planner costs may include charges for various independent contractors working under Contract Planner's supervision (for example, traffic engineering consultants, biological study consultants, etc.). Developer agrees that the Contract Planner and Contract CEQA Consultant reimbursement charges will be separate and are in addition to the City's other processing and development fees to be charged to and paid by Developer pursuant to San Rafael Municipal Code Section 3.34.40. 3. Project Reimbursement Account. The contract amount of the proposed project includes two separate contracts, one for Contract Planner and one for Contract CEQA consultant. A.The initial contract amount of the Contract Planner is $65,000 ("the Contract Amount"). Developer shall pay 50% of the Contract Amount ($32,500.00) to the City within 30 days of receiving the City's request, for deposit to a non-interest-bearing Reimbursement Account that will be created by the City's Finance Department for the proposed project. This amount does not include the planning application submittal fees that would be required for this project and are required to cover City staff time associated with oversight and supervision of the Contract Planner. The application fees will be based on the scope of the project, once finalized by the Developer, but may include General Plan Amendment, Planned Development/Rezoning, Minor Subdivision, Use Permit, Design Review Permit, Page 2 of7 ATTACHMENT 3 and Sign Program. These application fees shall be paid at the time of submittal of the formal applications and shall be paid by a separate check. The City will hold Contract Amount funds in the Reimbursement Account and charge invoices received from Contract Planner against the Reimbursement Account. The City will provide Developer with copies of all such invoices, however, Developer agrees that the City may redact portions of the Contract Law Firm invoices to protect the City's attorney-client privilege. Within 30 days of Developer's receipt of the City's written notice that the Reimbursement Account has been reduced to a balance of less than $10,000.00, Developer agrees to pay the remaining 50% of the Contract Amount ($32,500.00) to the City to replenish the Reimbursement Account. Developer agrees to continue making such payments until the City is reimbursed for all the Contract Planner costs related to the proposed project. The City will hold any funds remaining in the Reimbursement Account until the City's processing of the proposed project is completed. Although the Reimbursement Account is primarily intended to fund the costs related to Contract Planner, Developer agrees that the City may collect any unpaid development fees and charges related to the proposed project from the funds in the Reimbursement Account. Any remaining funds in the Reimbursement Account after payment of all fees and costs related to the proposed project shall be refunded to Developer. B. The initial contract amount (including optional tasks and contingencies) of the Contract CEQA Consultant is $277,771 ("the Contract Amount -CEQA"). Developer shall pay 50% of the Contract Amount ($138,885.50) to the City within 30 days of receiving the City's request, for deposit to a non-interest-bearing Reimbursement Account that will be created by the City's Finance Department for the proposed project. This amount does not include the 25% EIR administrative fee that is required to cover City staff time associated with review of EIR and administration of contract. This 25% administrative fee ($69,442.75) shall be paid at the time of submittal of the fund for the Initial Study/EIR contract and shall be by a separate check. The City will hold Contract Amount funds in the Reimbursement Account and charge invoices received from Contract CEQA Consultant Firm against the Reimbursement Account. The City will provide Developer with copies of all such invoices, however, Developer agrees that the City may redact portions of the invoices to protect the City's attorney-client privilege. Within 30 days of Developer's receipt of the City's written notice that the Reimbursement Account has been reduced to a balance of less than $10,000.00, Developer agrees to pay the remaining 50% of the Contract Amount ($138,885.50) to the City to replenish the Reimbursement Account. Developer agrees to continue making such payments until the City is reimbursed for all the Contract CEQA Consultant costs related to the proposed project. The City will hold any funds remaining in the Reimbursement Account until the City's processing of the proposed project is completed. Although the Reimbursement Account is primarily intended to fund the costs related to Contract CEQA Consultant, Developer agrees that the City may collect any unpaid development fees and charges related to the proposed project from the funds in the Reimbursement Account. Any remaining funds in the Reimbursement Account after Page 3 of7 ATTACHMENT 3 payment of all fees and costs related to the proposed project shall be refunded to Developer. C. The initial contract amount of the Contract Law Firm is $0 ("the Contract Amount - Legal"). Developer agrees to reimburse the City for all pre-approved Contract Law Firm costs that the City incurs that are related to the proposed project. In the event City is required to incur fees to a Contract Law Firm in connection with the proposed project, City and Developer will enter into an amendment to this Agreement prior to any Contract Law Firm costs being incurred, setting forth the Contract Amount-Legal, and the reimbursement terms for such costs. 4. Automatic Withdrawal of Application. Developer's failure to make the payments required by the provisions of Section 3 of this Agreement shall result in an automatic withdrawal of the application for the proposed project. Notwithstanding such automatic withdrawal, Developer shall remain responsible for all amounts due pursuant to this Agreement and shall submit the same for payment to the City within 30 days of the City's demand for payment. After automatic withdrawal of the application pursuant to this Section, should Developer desire to re-apply for approval of the proposed project, City will require that Developer pay all regular City fees then applicable to initiate processing of a new application. Should Developer fail to make the payments required under this Agreement, or otherwise breach this Agreement, the City will not be obligated to complete any environmental review that has been initiated with respect to the proposed project. 5. Binding Effect of Agreement. This Agreement inures to the benefit of and binds the parties to this Agreement and their respective agents, employees, successors, and assigns. 6. Relationship of Parties. a. Contract Planner, Contract CEQA Consultant, and Contract Law Firm (and their agents and employees) are not employees of the City but instead are independent contractors. b. Contract Planner, Contract CEQA Consultant, and Contract Law Firm shall act solely on behalf of the City and shall not be consultants to, representatives of, or agents of Developer. Developer agrees not to communicate with or contact Contract Planner, Contract CEQA Consultant, or Contract Law Firm (or any of their respective consultants, agents, or employees) without prior written authorization from the City. c. Developer agrees that this Agreement and any document executed in connection herewith shall not cause Developer and the City to become joint venturers or partners. d. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns and does not, nor is it intended to, create any rights in favor of or obligation owing to any third parties. 7. No Entitlements Granted. This Agreement provides no legal or vested right to Developer to secure approval of any development plan, any particular environmental determination under Page 4 of7 ATTACHMENT 3 CEQA, or any particular permit or land use entitlement. Accordingly, Developer understands and agrees that in the performance of their services, including the preparation and review of all necessary environmental documents, Contract Planner and Contract CEQA Consultant will be as accurate and objective as reasonably possible. The City may determine during the course of processing of the proposed project application that final approval will require issuance of other permits in addition to those listed in Recital B of this Agreement, due to changes in the applicable state law, City Municipal Code, changes to the proposed project, or otherwise. Due to the nature of the required environmental and planning review, the City cannot predict with accuracy the total costs that the City will incur and charge to Developer concerning the proposed project. Developer agrees that it has not relied (and will not rely) on any estimates that the City may provide in this regard. 8. Notices. All notices required or provided by this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the principal offices of the City and Developer. Notice shall be effective on the date it is delivered in person, or the date when the postal authorities indicate the mailing was delivered to the address of the receiving party indicated below: Notice to the City: Raffi Boloyan, Planning Manager City of San Rafael -Community Development Department PO Box 151560 San Rafael, CA 94915-1560 Notice to Developer: Eric Davis General Counsel BioMarin Pharmaceutical Inc. 105 Digital Drive Novato, CA 94949 9. Indemnification. Defense and Hold Harmless. With respect to any claim, action, or proceeding arising from this Agreement, Developer agrees to defend and indemnify the City and hold it hannless against all damages, costs and fees that may be incurred by the City. 10. Amendments. No amendment of this Agreement shall be valid or binding unless made in writing, duly authorized, and signed on behalf of both parties. 11. Administrator. The City employee with responsibility for administering this Agreement is Raffi Boloyan, Planning Manager, or other employee as may be designated by the City's Community Development Director. 12. Integration Clause. This Agreement constitutes the full, final, complete and entire agreement between the parties with respect to the subject matter of this Agreement, and there are no other terms, obligations, covenants, representations, statements, or conditions except as set forth in this Agreement. No change or amendment to this Agreement will be effective unless in writing and signed by the parties to this Agreement. Failure to insist upon strict compliance with any term or provision of this Agreement will not be deemed to be a waiver of any rights under a subsequent act or failure to act. This Agreement specifically supersedes all prior agreements between the parties with respect to the subject matter of this Agreement. Page 5 of7 ATTACHMENT 3 13. Severability Clause. Should any portion of this Agreement be declared void or unenforceable, such portion(s) shall be considered independent and severable from the remainder, and the validity of the remainder shall remain unaffected. 14. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. 15. Public Record. This Agreement and all non-privileged documents prepared pursuant to this Agreement shall be maintained as public records. 16. Representation of Comprehension. In entering into this Agreement, the parties represent that they have read the Agreement, that they have had the opportunity to review the terms of the Agreement with counsel of their choosing, and that the terms of the Agreement are understood and voluntarily accepted by them. If any dispute or ambiguity should arise in the future over the terms of this agreement, neither party will be deemed the drafter of this document. 17. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any action arising out of or connected with this Agreement shall be instituted and maintained in the Marin County Superior Court. 18. Attorneys' Fees. In any action arising out of this Agreement, the prevailing party shall be entitled to costs (including non-statutory costs) and reasonable attorneys' fees from the non- prevailing party or parties. 19. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. 20. Authority. The person signing this Agreement for Developer hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Developer. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written, CITY OF SAN RAFAEL DEVELOPER Jim Printed Name: 12-ob-re .nv £3,:,t,.;,, <--?::- Page 6 of7 ATTACHMENT 3 ATTEST: Lindsay Lara, City Clerk APPROVED AS TO FORM: L~. f2 ~ . ~11-Fff Robert F. Epstein,CityArney Page 7 of7 ATTA CHM ENT 3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development-Planning Division Project Manager: Raffi Boloyan, Planning Manager Extension: 3095 Contractor Name: BioMarin Pharmaceuticals Contractor's Contact: Contact's Email: shar.zamanpour@bmrn.com D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine .Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise , and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Publ ic Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE N/A 8/16/2018 8/17/2018 8/17/2018 lick here• nter a da □ N/A Or 9/17/2018 10/1/18 lfJj()'/Jt:!. Jt>/5-JJ~ ,o Ii D /1r · \ol \ o I I ?, REVIEWER Check/Initial □ □ ~ LG ~ LG N/A ~ ~ . ~ JlJ4_ '}J/; I .,_. ~ (i\. ~~ . 0