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HomeMy WebLinkAboutCD Los Gamos Apartments Project Environmental Planning ServicesAGREF,i\•IEIST WITH LAK ASSOCI_aTES, LLC, TO SERVE AS CONTR1CT PLANNLVG CONSULTANT FOR ENVIROVI\IEVTAL PLANNING SERVICES FOR THE LOS GA,%IOS APART -IENTS PROJECT PROPOSED ON 2 VACANT LOTS ON THE N'ES'T' SIDE OF LOS GAbIOS DRIVE (APN 16i-220-06 AND 16--220-07) This Agreement is made and entered into this day of % AA ( / r ?020, by and between the CITY OF SAV RAFAEL (hereinafter "CITY"), and LAK ASSOCIATES. LLC, a California Corporation ('here i na tier "CONTRACTOR"). RECITALS WHEREAS, the City has received an application fora 19?-1.1nit multi -family residential project that includes a community service facilities and a retail huildin, on a vacant site located oil the west side of Los Gamos Drive: and WHEREAS, tite proposed application requires a General Plan Amendment, a rezoning (to I'D Zomig District), Tentative Map, NIalor DeslLni Review and CEQA review; and WHEREAS, the proposed project also requires preparation of an Initial Study to determine the potential environmental impacts of the proposed project; and V1'HEREAS, given the current workload of CITY staff. the CITY has determined that professional covlrunmental planning services are needed to supplement elle existing staffing tltrou�-h assignment of this project to an experienced CEQA environmental planning consultant with the capacity and expertise to process a the CEQA document: and WHEREAS, at the CITY'S request, CONTRACTOR has submitted a proposal to the CITY, for the peifoumance oI'CEQA environmental review services; and said proposal is attached to tluti Agreement marked "EKlaibit I" and incorporated herein by reference: and WHEREAS, CONTRACTOR has demonstrated through its statement of gUal111Catlons and ieccnt +%orl, for the Cin' of San Rafacl, that it would be able to take on the responsibilities as Contract Eni tronniental Planning Consultant for the Los Gamos Apartment project on behalf of the CITY. AGREE-NIENT NOW, THEREFORE, the parties hereby ag*ree as follcm s PROJECT COORDINATION A, CITY'S Project Manager. Alicia Guldice. Planning itlanager, is hereby designated the PROJECT \TANAGER for the CITU, and said PROJECT NIA\AGE- R 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. Seats Kennings is herebv designated a the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this .Agreement require a substitute PROJECT DIRECTOR, lbr any reason, the CONTRACTOR S11,111 notify the CTCY within ten (10) business days of the substitution. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the dunes andJor provide professional services as Contract CEQA Consultant, including review of prepared technical studies and preparation of an Initial StudNe consistent with the California Em ironmental Quality Act (C FQA). These services shall be performed under the super\ ision of the Planning Manager. in conjunction with the CITY's procedures for processing development entitlements and shall include the tasks described in Tasks I and 2 in Exhibit "A". incorporated herein. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4 and shall provide. CONTRACTOR with a work space and materials and information necessary for CONTRACTOR to perforin the services required by this Agreement. COIMPEN SATIO;�T. For the titll performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of 5200 per hour= costs of the sub contractors listed in the scope of work. The total billing amounts authorized under this a�_reement shall not exceed S32.000. Payment will be made monthly upon receipt by PROJECT v1:1NA(.iER of itemized invoice,, submitted by CONTRACTOR. TERM OF:\GR} E\9T.NT. The term of this Agreement shall commence on klarch 15, 2021 , and end oil December 15, "0? L Upon mutual agreetttent of the parties, and subject to the approval of the City ,\iatla,,er the terin of this :Agreement tray be extended for an additional period of up to six (6) months. TERMINATION. A. Discretionary Either party may terminate this Agreement Without cause upon thim ( 0) days written notice mailed or personally delivered to the other party. B. Cause. Either party, may terminate this Agreement for Cause Upon fifteen (I5) flays written notice mailed or personalty delivered to the other parry, and the notified party's failure to cure ut correct the cause of lite termination, to the reasonable satisfaction of the party givin, such notice. \within such fifteen (1 5) day time period. C. Effect of Termination- Upon receipt of notice of termination. neither party shall incur additional oblivanonti 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 perfonnance of its duties under this Agreement, shall be delivered to CITY Lis ,0011 aS possll?Ie, but not later than thirty (30) days atter termination. (.ri�'NE-RSHll' OF DUCUiIEN'1'S. The written documents and materials prepared by the CONTRACTOR in connection with the pertom►ance of its duties under this Agreement, shall he the sole property of CITY. CITY may use said property for any purpose, iticludin; projects not contemplated by this Agreement. S. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its went, for inspection and audit, all documents and materials maintained by CONTRA c OR in connection with its perforniance of its duties ulnder this agreement. CONTRACTOR shall filly cooperate will) CITY or its a,ent in any such audit or inspection. L). 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 Aureement or anv rights, duties oi- obligations arising hereunder shall he void and of no effect. It). RisUi AANCE. A. Scope of Coverage. During the terns of this Agreement, CONTRACTOR shall maintain, at no expense to CITY', the following insurance policies 1. A commercial vgencral liability insurance policy in the minimum amount of one million dollars (S 1,000.000) per occurrence two million dollars f. ?.000.00(11 aggregate, for death, bodily injury, personal injury, Or property damage. 2. An automobile liability (owned, nun-w-vned, and hired vehicles) insurance policy in the minimum ,unoLuu of One million dollars (S1,000,000) dollars per occurrence, 3. If any licensed professional perfornis any of the smites required to be pertbnned under this akn-eenlent. a professional liability insurance policy in the minunum amount of one million dollars (5I,000,000) per occurrence/mo, million dollars (5?.000,0001 aggregate. to cover any claims arising out of the CONTRACTOR's perforn�ance of sLrvices under this agreement Where CONTRACTOR is a professional not required to have a professional license, CITY reser es 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 Nvith limits of no less than one million dollars (SI,000.000) per accident for bodily miury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to Nvaive any rig*ht of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements. I 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. '_ The additional iiisttred coverage under CONTRACTOR'S insurance policies shall be "primary and noneontributorv" with respect to an}' insurance or coverage maintained by CITY and shall not call upon CI'rY's insurance or sell=insurance co% crage fir any contribution. The - primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance or �wrkcr's compensation insurance, [lie 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 Brants 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 nece;sal-y to effect this waiver of* subroption, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. �- If the insurance is written on a Claims Made Form, then, followin-,* termination of this Agreen[ent, said insurance coverage shall survive for a period ofnot less than five years. G. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Avreemem 7. The limits of insurance required ul this :agreement may he ,atisfied 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 it primary and noncontributory basis for the benefit of CITY (if agreed to in a \vritten contract or agreement ) before CITY's cnvn insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Ageement that any available insurance proceeds broader than or in excess of the specified ittinimum insurance coverage requirements and/or limits shall be ax ailable to CITY or anv other additional insured party. Furthermore, the requirements for coy eraue and limits shall be: (1) the mittimtnn coverauc and limits specified in this Agreement: or (2) the broader coverage and maximum limits of co% ertge of any insurance policy or proceed available to the natned insured; whichever is «realer. No representation is made that the minimum Insurance requirements of this aQreementV are sufficient to cover the obligations of the CONTRACTOR under this agreement- 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 Cite Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (.iR) 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 CFI N' -,hall 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 MAN-AGER or CITY'S City .attorney all of the following: (l) Certificates of Insurance evidenctatg the insurance coverage required in this .agreement; (2) a copy of the policy declaration page and/or endorsement pall"; listing all policy endorsements for the commercial general liability policy, and (31 excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the ri(*ht to obtain a hill certified copy of anv insurance poltc}' and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. Tile insurance shall be approved as to form and sufficienc} by PR01I C'T N1ANACIER and the City Attorney. H. IN DE-MNIFICATION. A. i?xccpt as otherwise provided in Paragraph B., CONTRACTOR shall. to rhe 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 "Cite Indemnitees"). from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attomey's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIviS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CON'i'RACTOR's obligations apply regardless of v: Nether or not a liability is caused or contributed to by the active or passi\ e neaIi�,ence of the. City Indemnitees. However, to the extent that liability is caused by the active negligence or willfulmisconduct of the Cit Indemnitees, the CO\"FRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CO TR_ACTOR'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 file event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONT'RACTOR'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 ofsuch claims. B. Where the services to be provided by CONTRf1CTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.3, then, to the extent permitted by law including without limitation. Civil Code sections -27792, 2782.6 and 2782-S. CONTRACTOR shall indemnify and hold harmless the CITY and its officers. officials, and employee; (collectively City indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, liti ation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence. recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (Collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to tite extent that such Liabilities are caused to part by the negligence or willful misconduct ol'such City Indemnitee. ` C_ The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any uay be limited by, the insurance obligations contained in this Agreerttent, and shall survive the termination or completion of this Agreement for the ftdl period oftinte allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate. iu any way. against any person on the baso, of gee. set, race, color, religion, ancestry, national origin or disabilit}' in connection with or related to the performance of its duties and obligations under this Agreement, 13. C0-\MPI.IA-,NCE WITH ALL LAWS CONTRACTOR shall observe and comply xk illi all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and oblicyations under this ALT ,reeinent. CONTRACTOR shall perform all services wider this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indernnA, and hold harmless CiTY. rts officers, agents and emploxees ;morn ally and all damages, liabilities, Penalties, tines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations, 14. NO T'1-11RD PARTY BENEFICLIRIES. CiTY and CONTRACTOR do not intend, by any provision of this Agreement, to create; in an_y third party, any benefit or right owed by one party, tinder the terms and conditions of this Agrcement, 10 the other party- 15. NOTICES. All notices and other communications required or permitted to he given under thus Agreement, includin-, any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Scn ice, postage prepaid. addressed to the parties intended to be notified. Notice shall he deemed given as of the date of' personal delivery, or if mailed, upon the clad; of deposit with the United States Postal Service. Notice shall he given as Follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTO . Alicia Giudice. Planning klanager City of San Rafael 1400 Fifth Avenue San Rafael. CA 94901 Sean i;ennulgs, LAK .associates PO Box 7043 Corte ivladera. CA 94976 For the purposes, and for the duration, of this Agreement, CONTRACTOR. its officers, agents and employee, shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend arch agree that the status of CONTRACTOR, its officers, agents and employees he that of an independent Contractor and not that ofan employee of CiTY. 17. ENTIRE: AGREENiL•NT -- ANIENDNIENTS. A. The teens and conditions of this Agreement. all exhibits attached, and all documents expressly incorporated by ivference, represent the entire Agreement of the parties with respect to the subject matter cif this Agreement. B. This written Agreement shall supersede any and all prior aarcenlents, oral or written, regarding the subject matter between the CONTRACTOR and the CITY- C. iTY C . No other agreement. promise or statement, written or oral, relating to the subiect matter of this :\greenteut, shall be valid or binding, except by way of a %�riuen amendment to this Agreement. D. The terms and conditions of this Agreement shall riot be altered or modified except by a k%ritten amendment to this Agreement signed by- the CONTRACTOR and the CiTY. C. If any conflicts arise benveen the terms and conditions of this Agreement, and the terms and conditions OF111e attached exhibits or the documents expressly incorporated by refcrcnce., the terms and conditions ofthis Agreement shall control. IN - SET-OFF AGAINST DEISTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTICICTOR under this 1greement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other a1110Uttts. 19. 1VAIVERS 'File ��aiN er by either parte of any breach or violation of any term, covenant or condition of this Agreement, ul of any ordinance, taw or regulation, shall not Ideemed to he a waiver of telly other term, covenant, condition, ordinance, law or regulation, or ofany subsequent breach or violation of tete same or ether term, covenant, condition. ordinance, law or regulation. The subsequent acceptance by either party of any ice, performance, or other consideration which may beconle due or owing under this Aereement, ;hall not be deemed to be a waiver of any preceding breach or violation by the other pam of any tcrtn, 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 arming. out of the performance of this Agreement, nlay recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE r 0-1-1-II.,.R 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 he required to pay foram work performed under this Agreement, until CONTIC�CTOR has provided CITY with a completed Internal Revenue Service Form 14'-9 (Request for I axpaycr Identification Number and Certilication)- 22. SURVIVAL OF'FURNIS. Any terms of this Agreement that by their nature extend beyond the terns (or ternination) of this A_reenlent shall remain in effect until fulfilled, anis shall apply to both Parties" respective successors and assigns. 23. APPLIC.-BLE LAW. The laws of the State of Califunlia shall eon ern this Agreement, 21. COUNTERPARTS AND ELECTRONIC SIGNATI;RE. This :agreement may be executed by electronic signature and in any number ofcounterparts. each of which shall be deemed an original, but all of which together shall con-stltule ollc dOCLillnetlt. Counterpart signature Pages may he delivered by telecupier. email or other means of electronic transmission. IN WITNESS WHEREOF, the Parties hake executed this Agreement as of the dav, month and year First above ,vrirten, CITY OF SA` R 1FaEI. JIM '1-I['TZ. Cit i -kfai <_er ATTEST: UNDSAY LARA, City Clerl: APPROVED AS TO FORAL ROBtIZT F. EPti 1'FI\, Cit} ttome� CONTRACTOR Name: Title: 71 ,��><'�C i� l %�1 f�• tom)_ fr' Crnmactur is a coi-porataii, add .igitaniro of ;ecand Corporate of liver] By i` alll2: Title: City of San Rafael February 16, 2021 Approach and Scope of Work LAK Associates, LLC is pleased to submit this Scope of Work pursuant to the California Environmental Quality Act (CEQA) required for environmental review of the proposed Los Gamos Apartments project. 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 representatives of applicant team and the City of San Rafael to comprehensively and expeditiously prepare the CEQA document for the Los Gamos Apartments project. The project site consists of two assessor's parcels: 1) The "Northern Parcel" located at APN 165- 220-07 with a zoning designation of PD -H (Planned District - Hillside Development Overlay District) and, 2) the "Southern Parcel" currently zoned R2a-H (Residential - Hillside Development Overlay District). Each of the parcels currently have the HRR (Hillside Resource Residential general plan designation.) Our understanding of the project is that the applicant is proposing 192 multifamily units and retail and community service facilities contained in six (6) buildings as follows: • 2 buildings of 3 -stories above parking; • 3 buildings of 4 -stories above parking; and • 1 building of 2 -stories above parking that will house community service facilities for the residents, a retail market use, and a plaza open to the public. The project includes clustered development and located significantly downslope on the site and close to Los Gamos Drive, in order to preserve the community -wide visibility of the hillside above. The project is intended to be affordable by design, with smaller units resulting in rents more affordable for the local workforce and will contribute towards the City of San Rafael's housing goals and inclusionary rate of 10% Below Market Rate units. The proposed project will provide 224 on-site parking spaces. The proposal also includes accessible hiking trails connecting to adjacent open space, a small passive park area and a children's playground area that incorporates natural elements such as wood logs, and a slide. The project also includes a community center called the "Village Commons," which will house a market/coffee shop that would be open to the public and conveniently located near Los Gamos Drive. The proposed Village Commons will also include a community room and outdoor plaza for use by project residents with shared outdoor areas, including a children's play area, stepped lawn terraced seating, and more seating in an olive grove setting. The project also includes planting over 180 trees to further blend the development with the landscape. It is also our understanding that the project will require several discretionary entitlements as part of the proposal including the redesignation of both of the parcels to the Neighborhood Commercial Mixed Use 2040 general plan designation. The application also seeks the rezoning Exhibit 1 City of San Rafael February 16, 2021 of both parcels to Planned Development District (PD) pursuant to General Plan 2020 Policy LU - 10 Planned Development Zoning, which requires a Planned Development zoning for development on lots larger than five acres in size, and General Plan 2040 Policy LU -1.15 Planned Development Zoning, which encourages a PD zoning for lots larger than 5 acres. The proposed project density would be within the 8.7-24.2 units/acre range of this category, as do the residential and supermarket uses. Specific development standards and allowable uses will be established for the PD as part of the development review process and pursuant to the plans submitted. LAK also understand that the project will not request a Density Bonus per State Density Bonus Law but will seek concessions/incentives and/or modification/waivers for building heights and parking ratios as designated in the application materials. As part of our work scope, 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 Ali Giudice and other city staff of the City of San Rafael to achieve the 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 help coordinate with local community leaders to receive input and support during the preparation of the CEQA document. Where needed, LAK will contract with various sub - consultants to prepare specific portions of the environmental analysis, as agreed upon with the City of San Rafael and the Project Team. For the Los Gamos Apartments project, LAK Associates would perform the following general services: • Review of the City's General Plan, Zoning Ordinance, 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 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. • Meetings with the design team, as directed by City of San Rafael. • Meetings, as directed by the City of San Rafael, from time to time, with City and County staff, federal, state and local agency staff, interested stakeholders, including special interest groups and individuals to further the objectives of the applicant. City of San Rafael February 16, 2021 • Telephone and electronic communication, as necessary, to facilitate the project application process. • Assistance in the identification, selection and management of technical environmental consultants, as directed by City of San Rafael and applicant. • Written staff reports, memoranda, letters, and other documentation, as requested by the City of San Rafael. • Oral presentations, as required. • Other, unspecified services, as requested by City of San Rafael. The CEQA process is the set of procedures used to accurately identify the project's potential impacts, develop ways to reduce those impacts, and clearly report the results of the analysis to the public. A successful CEQA document will provide valuable information while also facilitating the decision making process. The Task items below highlight what the City can anticipate from LAK Associates over a period of 6 to 8 months for the entirety of the project: Task 1.0 — Provide Planning and CEQA Review Assistance 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 (as needed). Products: Project Description: 20 - 40 hours Schedule: Weeks One to Four Task 2.0 - Preparation of Initial Study 2.1 Prepare Draft Initial Study based on application submittal and review of environmental studies. Prepare initial study in accordance with the City of San Rafael's viewpoint on the final design of the project. Schedule, prepare public notices, and help facilitate public hearing for project determination. Products: Draft Initial Study: 60 hours Schedule: End of Month Four 2.2 Coordinate and manage technical sub -consultants in accordance with the draft project description as defined by the applicant. It is our understanding that the applicant has already prepared technical studies including the following: air and noise (project construction and long-term operations), arborist (tree survey, tree removals, vegetation management plans), and biologist (creeks, wetlands, habitat), geotechnical (site stability and construction). The Applicant will be responsible for coordinating technical consultants needed for traffic, hydrology and drainage, and hazardous City of San Rafael February 16, 2021 materials, aesthetics (visual simulations). If after review of the information, we determine that a third -party peer review is required, we will present additional scopes of works for authorization from City staff. (Applicant to prepare traffic study and traffic counts based on final improvement plan. City DPW will peer review for appropriate mitigation and conclusions). Products: Technical Documents: $2,500 - $7,500 per report (estimate) or peer review of applicant materials as needed Schedule: End of Month Three 2.3 Prepare Final Staff Initial Study outlining potential significant impacts and issues required for determination of environmental review including Negative Declaration, Mitigated Negative Declaration, or possible Environmental Impact Report. Based on staff's review of the draft document, we will revise the Initial Study to incorporate additional information. Product: Final Initial Study and public notices: 30 hours Schedule: Month Three and Four 2.4 Manage collection of public/agency comments on Initial Study and facilitate review/evaluation of comments. Coordinate/facilitate consultants' meeting to receive/review comments. Maintain schedule for preparation of responses to comments and review draft responses to comments. Product: Final Initial Study: 20 hours Schedule: Two weeks to four weeks Weekly status reports, in electronic mail format, will be submitted to the city 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. BUDGET AND HOURLY BILLING RATES The current billing rates for LAK Associates are 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 City of San Rafael February 16, 2021 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 Billing Rate/Hour Sean Kennings $200 Estimated Cost: (The fee for this scope of services is based on an assumed estimate of hours and an understanding of the applicant's initial improvement plan. Final estimate for Initial Study or EIR (if required) to be determined after submittal of final project description by applicant.) Los Gamos Apartments Initial Study: 140 hours - not to exceed $28,000 (not including sub consultant technical studies) Planning Coordination: 20 hours — not to exceed $4,000 LAK Associates already carries the level of insurance required by the City of San Rafael. City of San Rafael Februag 16, 2021 Environmental Impact Report Preparation and Coordination (if required) Los Gamos Apartments EIR: 300 hours $60,000 (not to exceed) — including sub - consultants fees An EIR process could take between 8 to 12 months and LAK will work with City staff to oversee deliverables if required. LAK would provide the following services: Task: 3.0 - Preparation of Draft EIR — 5 to 8 months 3.1 Prepare Notice of Preparation (NOP) - sent to the Office of Planning and Research (OPR) and responsible agencies to determine key issues, and therefore the Scope of the EIR. LAK would prepare the NOP, distribute, review and catalog comments. 3.2 Coordinate with subconsultants to prepare additional environmental reports as needed. Ensure finished reports are circulated within City of San Rafael departments for review and comment. LAK would oversee and manage sub -consultant environmental analysis. Update Project Description as needed. LAK would facilitate periodic meetings to review status of EIR. Product: Environmental studies, staff reports, updates: 60 hours Schedule: One to Two Months Meeting: Meetings as needed to review schedule and deliverables 3.3 Preparation of the Administrative Draft EIR. Based on the determination of the Initial Study and subsequent changes to the project description, the Administrative Draft EIR will focus on environmental areas of concern. Prepare comments and review final Admin Draft EIR. Coordinate with City of San Rafael agencies to review and provide comments. Product: Admin Draft EIR: 100 hours Schedule: Four to Six Months Meeting: Applicant/San Rafael comment review meeting 3.4 Review screen -check Draft EIR and provide feedback prior to Draft EIR release. Schedule and facilitate public comment hearing for Draft EIR comments. Product: Public Comments: 20 hours Schedule: Two weeks for Screen Check review: 45 days for public comment Meeting: Public Comment Hearing 3.5 Manage printing and distribution of Public Review Draft EIR including to (State Clearing House, mailing list). Prepare/send out Notice of Completion (NOC) and prepare/post notice of availability of Public Review Draft EIR. City of San Rafael February 16, 2021 Product: Distribution list, NOC: 20 hours Schedule: Two weeks for notices and distributions Task 4.0 — Final EIR and Certification — 3 to 4 months 4.1 Review the Administrative Draft Final EIR and prepare draft comments for internal review. Coordinate with inter -City, County and State agencies to review and provide comments. Manage preparation and printing/distribution of Draft Final EIR. Coordinate/facilitate public hearing(s) on Draft Final EIR. Product: Review Applicant/City Comments: 40 hours Schedule: Two to three weeks for Admin Final Draft EIR 4.2 Review screen -check Final EIR and provide feedback prior to Final EIR release. Product: Screen Check Comments: 15hours Schedule: Two weeks for Screen Check review 4.3 Manage preparation of Final EIR. Manage 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). If required, LAK would manage Mitigation Monitoring or reporting as defined by the County. Product: Printed Final EIR, NOD: 25 hours Schedule: Two to four weeks Meeting: Planning Commission / City Council Hearing PXA RAFq� s � y0 /TrWITH P�� 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 Project Manager: Ali Giudice Extension: x3092 Contractor Name: LAK ASSOCIATES LLC Contractor's Contact: SEAN KENNINGS Contact's Email: sean@lakassoclates.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED T REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 3-8-21 ® AMG b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 3-8-21 ❑X AMG 2 City Attorney a. Review, revise, and comment on draft agreement 3/10/2021 ❑X LG and return to Project Manager 3/10/2021 ❑X LG b. Confirm insurance requirements, create Job on Project Manager PINS, send PINS insurance notice to contractor Forward two (2) originals of final agreement to ❑X 3 _ 3/10/2021 contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement © N/A agendized for Council approval *PSA > $75,000; or Purchase > $75,000; or Or ❑ Public Works Contract > $175,000 Date of Council approval enter a date. PRINT Project Manager CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 5 3/11/21 AMG Attorney with printed copy of this routing form Review and approve hard copy of signed 6 City Attorney �J26h agreement Review and approve insurance in PINS, and bonds / / �+t 7 City Attorney _ City Manager/ Mayor City Clerk (for Public Works Contracts) 8 Agreement executed by Council authorized official Attest signatures, retains original agreement and 9 forwards copies to Project Manager