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HomeMy WebLinkAboutCED 930 Irwin Residential Development Project CEQA ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND RINCON CONSULTANTS, INC. FOR 930 IRWIN RESIDENTIAL DEVELOPMENT PROJECT CEQA SERVICES This Agreement is made and entered into as of Dec 23, 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and Rincon Consultants, Inc., a California Corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES'; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated October 30, 2024 ("Proposal") set forth in 1� xhibit A, which constitutes the basis for this Agreement. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed Rev 08 22 $53,322. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the effective date of this Agreement and terminate on December 13, 2027. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Principal Planner 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Abe Leider is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT'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. v 08 22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT'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 Indemnitees, the CONSULTANT'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 CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, v 08.22 CONSULTANT 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 CONSULTANT 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, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (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, litigation 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 CONSULTANT, 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 the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. 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. 11. NONDISCRIMINATION. CONSULTANT 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. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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. v 08 22 4 14. 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: Kristina Estudillo, Principal Planner 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Abe Leider, Principal 66 Franklin Street, Suite 300 Oakland, California 94612 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. 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 CONSULTANT 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 CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, v 08 22 agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. 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. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and 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 CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. v 08 22 6 [Signatures are on the following page.] X0822 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney 20beet T Edtterh R.bvt F tp•.tcin M- 23. _024 12 51 PSTj By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk /-&? sqy Lara lrndwy Ura Wei 26.2024 1152 ?STI LINDSAY LARA, City Clerk vos22 8 CONSULTANT: By: Rincon Consultants, Inc. Name: Abe Leider Title: Principal [If CONSULTANT is a corporation, add signa of secoi �i corporate officer] By: Rincon Consultants, Inc. Name: Richard Daulton Title: Executive Vice President EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev 08 22 A-1 GS L E &.9 7A I z 300 YEARS RINCON CONSULTANTS, INC. SINCE 1994 October 30, 2024 Project No: 24-16875 Kristina Estudillo, AICP Principal Planner, Community Development Department City of San Rafael 1400 5th Avenue San Rafael, California 94901 Via email: Kristina.Estudillo@cityofsanrafael.org Rincon Consultants, Inc. 66 Franklin Street, Suite 300 Oakland, California 94612 510-834-4455 Subject: Revised Proposal to Prepare a Categorical Exemption Report with Supporting Technical Studies for the Proposed 930 Irwin Street Residential Project Dear Ms. Estudillo: Rincon Consultants, Inc. is pleased to submit this revised proposal to assist the City of San Rafael with CEQA compliance for the 930 Irwin Street Residential Project. We have assembled a team of highly skilled environmental science and planning professionals who combine extensive technical qualifications and knowledge of the California Environmental Quality Act (CEQA) with many years of experience working on similar studies, including air quality, noise, cultural resources and other reports, as well as categorical exemption documentation, for hundreds of infill projects in cities throughout the Bay Area and the state. Our experience with CEQA statewide, including CEQA streamlining and exemption processes, and our in-house expertise in key environmental topics relevant to this project give us a unique understanding of and sensitivity to the key issues involved as well as allowing for a time- and cost-efficient process. Leading the team will be Abe Leider, AICP CEP, who will serve as principal in charge and project manager. He has over 24 years of experience in environmental planning and has led Rincon's work in the greater Bay Area for over 14 years. Bill Vosti will oversee the air quality and noise studies. Bill has 10 years of experience preparing air quality, greenhouse gas, and noise technical analyses and is a program manager in Rincon's technical services group. Bill is proficient with various noise prediction models (e.g., CadnaA, SoundPLAN, and the Federal Highway Administration's Traffic Noise Model) and air quality and greenhouse gas models (e.g., California Line Source Model series, EMission FACtors Model series, American Meteorological Society/Environmental Protection Agency Regulatory Model, Hotspots Analysis and Reporting Program, and California Emissions Estimator Model series). Bill has extensive experience working the Bay Area, including conducting CEQA analyses under the Bay Area Air Quality Management District thresholds and guidelines. Margo Nayyar will oversee the cultural resources investigation. Margo is a principal architectural historian with 15 years of experience in California. Her experience includes built environment surveys, evaluation of historic -era resources using guidelines outlined in the National Register of Historic Places and the California Register of Historical Resources, and preparation of cultural resources technical studies pursuantto the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA). Margo meets the Secretary of the Interior's Professional Qualification Standards for history and architectural history. This proposal includes (1) our project understanding; (2) our proposed work scope; (3) our proposed schedule; and (4) our cost estimate. www.rinconconsultants.com A Project Understanding and Approach City of San Rafael 930 Irwin Street Residential Project The project site comprises three assessor parcels totaling approximately 40,200 square feet at the corner of Irwin Street and 4th Street in San Rafael. The site is developed with three existing commercial structures and surface parking and is within 0.25 -mile of the San Rafael SMART train station and the San Rafael Transit Center. The project would involve demolition of the existing commercial structures and construction of a new eight -story residential development with 213 dwelling units, ground level lobbies, and a parking garage, using state density bonus provisions. The City of San Rafael seeks to determine the appropriate level of CEQA documentation for the proposed project, and we understand that this may be a Class 32 Categorical Exemption (CE) if it can be demonstrated that the criteria for this exemption can be met. Class 32 Categorical Exemptions may be used for environmental review for urban infill development meeting certain conditions. CEQA Guidelines Section 15332 states that such a CE is appropriate when: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value as habitat for endangered, rare, or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e) The site can be adequately served by all required utilities and public services. Rincon will review the project and site to confirm the project's eligibility for the exemption in a report that will also provide an analysis of the potential exceptions to categorical exemptions listed in CEQA Guidelines Section 15300.2. Scope of Work The major tasks involved in preparation of the Class 32 Categorical Exemption Report are described below. Task 1: Project Mobilization and Kickoff Meeting Rincon will obtain and review available project and site information and mobilize our staff to begin the technical studies and Categorical Exemption (CE) Report. We will attend a brief virtual kickoff meeting with City staff and, if appropriate, project representatives. The meeting will serve to discuss fundamental process, scope and approach issues, and as a forum to review and confirm study objectives and establish an operational protocol. We will finalize working schedules and discuss details for project tasks. Rincon will use this opportunity to collect any relevant studies and information not already transmitted. During this phase, we will also visit the project site to observe and photo - document existing conditions on the site and in the immediate vicinity. Task 2: Draft Categorical Exemption Report Rincon Consultants will prepare a CE Report that will include a review of criteria 'a' through 'e' listed above. We understand that the City has already determined that criteria 'a' and 'e' can be met for the project and will provide confirmation in this regard; therefore, our analysis will focus on criteria 'b,' 'c' and 'd.' The report will begin with project and site information as well as a discussion of how the project City of San Rafael 930 Irwin Street Residential Project qualifies for a Class 32 infill exemption under CEQA. Our scope of work to address specific criteria will include the following: Air Quality The air quality analysis will consider temporary construction and long-term operational air quality emissions from the proposed project. The air quality analysis will include the following tasks: • Summarize the existing air quality conditions in the air basin using data from nearby air monitoring stations available from the California Air Resources Board and the Bay Area Air Quality Management District (BAAQMD). • Calculate construction and operation emissions of criteria pollutants using the California Emissions Estimator Model (CalEEMod). Evaluate the significance of air quality impacts based on the air quality thresholds provided by BAAQMD. • Determine the proposed project's compliance with applicable air quality plans. • A qualitative assessment of localized risk from the construction activities is proposed. However, depending on the length of construction, the amount of haul trips required, and the quantity and type of construction equipment (for example United States Environmental Protection Agency (USEPA) Tier 4 and/or alternatively fueled equipment) used, a quantitative health risk assessment (HRA) may be recommended. The Office of Environmental Health Hazard Assessment (OEHHA) guidelines for HRAs suggest that projects with construction periods of more than two to six months and within 1,000 feet of sensitive receptors, require a significant amount of excavation or grading, and/or those project sites that are greater than one acre have the potential to result in significant cancer risk. The project site located near existing sensitive receptors. If the project design does not require construction equipment greater than 50 horsepower to meet USEPA Tier 4 certification or emissions standards, California Air Resources Board (CARB) Level 3 diesel particulate filters, or alternatively fueled (non -diesel) equipment, then a quantitative HRA is recommended for determining toxic air contaminants (TAC) impacts to nearby sensitive receptors (see Optional Task 1.1). • Health risk from roadway toxic air contaminants from Highway 101 on to the project site is considered an impact from the environment on to the project site, and not a CEQA issue; thus, no analysis for this will be conducted. If desired, this analysis is included under Optional Task 1.2. • Evaluate the potential for the project to cause odor impacts to off-site uses. The discussion in the CE Report will summarize the methodology and findings of the analysis and the report will include an appendix with technical modeling data. Greenhouse gas emissions calculations are not proposed as part of this scope of work. Air Quality Optional Task: Construction Health Risk Assessment Potential exposure to substantial concentrations of TACs could arise from the construction of the proposed project. Due to the location of sensitive receptors within 1,000 feet of the project site and a presumed construction timeline of longer than six months, there is a potential for health risk impacts from construction activities. If this optional task is authorized, a refined Construction HRA will be performed in accordance with the latest OEHHA Guidance. The analysis will incorporate the estimated construction emissions and dispersion modeling using the USEPA AMS/EPA Regulatory Model (AERMOD) model with meteorological data from the closest meteorological monitoring station. AERMOD dispersion model outputs will be converted into specific cancer risks and non -cancer chronic City of San Rafael 930 Irwin Street Residential Project health hazard impacts in accordance with the OEHHA Guidance. The results of the construction HRA will be incorporated into the Air Quality Technical Report. Air Quality Optional Task: Roadway Health Risk Assessment The western border of the project site is located approximately 200 feet east from Highway 101, which has approximately 200,000 average daily vehicle trips past the project site.1 The California Air Resources Board (CARB) recommends not siting sensitive land uses within 500 feet of a freeway. A Roadway HRA can determine the potential risk for residents located within this proposed development. If this optional task is authorized, the assessment will consider any pollutant reduction features included in the project (such as MERV-13 filters required by Title 24), as well as any permanent structures (such as sound walls) that may be incorporated to reduce noise levels. The dispersion of toxic air contaminants from Highway 101 will be determined using the United States Environmental Protection Agency's air dispersion model, the AMS/EPA Regulatory Model (AERMOD). Chronic and carcinogenic health risk calculations will be based on the Office of Environmental Health Hazard Assessment's 2015 Risk Assessment Guidelines using HARP 2 or an in-house spreadsheet. If health risk exceeds the BAAQMD's risk and hazard threshold levels, Rincon will recommend feasible mitigation measures to reduce exposure of proposed residents. The results of the Roadway HRA will be incorporated into the Air Quality Technical Report. Biological Resources This discussion will focus on the specific criterion of whether there is habitat for endangered, rare, or threatened species on the project site. Given the fully developed nature of the site and surroundings, this section is anticipated to be brief and qualitative. Traffic This discussion will cite City or State VMT thresholds. We assume the project's impacts related to transportation - i.e., vehicle miles traveled - will be less than significant based on City or State VMT thresholds and the site's proximity to transit. We further assume that the discussion of traffic safety, circulation and access will be based on information from the City from their review of the project. No technical VMT or traffic analysis is proposed. Rincon can add technical VMT and/or traffic analysis to our scope of work and cost estimate on request. Cultural Resources The Cultural Resources study will proceed as follows and will be summarized in the CE Report under the exception to exemptions regarding historic resources. California Historical Resources Information System Records Search. Rincon will conduct a California Historical Resources Information System (CHRIS) records search of the project site and a .25 -mile radius at the Northwest Information Center (NWIC). The primary purpose of the records search is to identify previously recorded cultural resources known to exist within or near the project site. In addition to the resource records and reports, Rincon will review historical maps, the National Register of Historic Places, California Register of Historical 1 Caltrans 2024. Traffic Census Program. Traffic Volumes: Annual Average Daily Traffic (AADT) for 2022. https://dot.ca.gov/programs/traffic-operations/census (accessed October 2024). rincon Noise City of San Rafael 930 Irwin Street Residential Project Resources, Built Environment Resources Directory, Archaeological Determinations of Eligibility list, and the listing of California Historical Landmarks. The records search will also reveal the nature and extent of any cultural resources work conducted in or near the project site. Direct expenses associated with the records search will not exceed $1,200. Record search requests at NWIC are typically fulfilled in 4-6 weeks. Native American Heritage Commission Sacred Lands File Request and Historical Organization Outreach. Rincon will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) search. The SLF search will indicate whether recorded Sacred Lands are present within the vicinity of the project site. This does not constitute Assembly Bill 52 consultation. Additionally, Rincon will contact one historical organization in the region for information or concerns regarding historical resources within the project site. Cultural Resources Survey. Upon completion of the records search, Rincon will conduct a historic survey of the project site (APNs 014-123-21, 014-123-27, and 014-123-28). A Rincon cultural resources specialist will conduct a built environment survey of the three buildings within the project site to assess condition and materials. Rincon assumes that the survey will require one field day to complete by a single cultural resources specialist, includingtravel time, and there will be no access issues. We assume no archaeological survey will be required because the site is fully developed and hardscaped with no exposed natural soils. California Register Evaluations. Based on review of historic aerials and assessor built -date records, there are three buildings over 45 years of age within the project site. The buildings are proposed for demolition and therefore they require evaluation for eligibility for the California Register of Historical Resources to determine if the project may impact a historical resource as defined by CEQA Section 15064.5(a). Rincon will evaluate the built environment resources identified within the project site. The buildings located within APNs 014-123-27 and 014-123-28 appear to have been developed at the same time and in similar styles and therefore will be evaluated as one resource. The building on APN 014-123-21 will be evaluated individually. The evaluations will include site photographs, description, construction history, historic context, California Register of Historical Resources criteria analysis, and required figures. The evaluations will be presented on applicable State of California Department of Parks and Recreation Series 523 (DPR) forms. These forms will be appended to the cultural resources report. Cultural Resources Letter Report. Rincon will prepare a Cultural Resources Letter Report that will include the methods and results of the cultural resources identification efforts described above, a geoarchaeological sensitivity analysis, applicable figures, and an impacts analysis suitable for inclusion in the environmental document for the project. Draft and final digital copies of the report will be submitted to the City for review and approval. A copy of the final report will be filed with the NWIC. The noise analysis will address the project's temporary construction and long-term operational noise impacts through the following tasks: • Describe ambient noise levels using General Plan Noise Element reference levels. • Characterize and analyze temporary construction noise and vibration levels at nearby sensitive receivers based on project construction equipment. • Quantify the project's contribution to an off-site traffic noise increase. City of San Rafael 930 Irwin Street Residential Project • Quantify noise generated by the project's on-site noise generators (i.e., HVAC units). • Compare project noise levels to applicable noise standards. • Traffic noise from Highway 101 on to the project site is considered an impact from the environment on to the project site, and not a CEQA issue; thus, no analysis for this will be conducted. If desired, this analysis is included under Optional Task. The CE Report will summarize the methodology and findings of the analysis and will include technical appendices for modeling results. Noise Optional Task: Highway 101 Noise Analysis The City of San Rafael Noise Element mandates that interior noise levels shall not exceed 45 dBA CNEL and that noise levels at exterior living spaces shall not exceed 65 dBA CNEL. If this optional task is authorized, Rincon will prepare a Highway 101 noise analysis to determine exterior and interior noise levels from Highway 101 and local roadways at the project site through SoundPLAN modeling. For model calibration, Rincon will conduct noise measurements to document the ambient noise environment. The survey will consist of up to four (4) short-term (15 -minute) and two (2) long-term (24 hour minimum) noise measurements. The analysis will recommend exterior wall insulation, sound - rated windows (e.g., specific STC ratings), and other building materials necessary to maintain an acceptable exterior and interior noise environment per City noise standards. A review of plan drawings regarding interior -to -interior noise (e.g., partition and floor/ceiling assemblies, plumbing, and mechanical) is not proposed. Pertinent calculations and technical information will be provided in an attached appendix. Noise and Air Ouality Assumptions: • Construction assumptions including total duration, phase durations, and anticipated pieces of equipment by phase will be provided bythe project applicant. If certain information is not available at this stage of the project, Rincon will make default assumptions based on the project type and size. • Mechanical equipment details and information including sound level data will be provided by the applicant, as available. • This scope assumes no overlap of construction phases and no nighttime construction. • All data needs are reviewed and approved prior to modeling. Any major changes to the modeling inputs after beginning modeling may necessitate remodeling which will be charged on a time and materials basis. Utilities and Public Services To address criteria 'e' for the use of a CE, this discussion will confirm that the site can be adequately served by required utilities and public services. This discussion will be based on information provided by the City. Exceptions to the Exemption We will also analyze the project's potential to trigger any of the exceptions to a CE as listed in CEQA Guidelines Section 15300.2, which, for Class 32 CEs, include: rincon City of San Rafael 930 Irwin Street Residential Project • Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, overtime is significant. This section will be based on cumulative project information to be provided by the City. • Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. This section will evaluate whether an unusual circumstance exists in relation to the project or site. If such a circumstance exists, Rincon will inform the City immediately to determine the appropriate course of action, which will require additional analysis to determine whether the unusual circumstance would result in a significant effect on the environment. • Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or EIR. • Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. • Historical Resources. This discussion will be based on the results of the cultural resources study discussed above. The CE Report will be provided electronically (MS Word format) for City review. Rincon will respond to two rounds of City comments on the Draft CE Report. Revisions will be provided in MS Word utilizing the track -changes function. In the event that our analysis indicates that the project is not eligible for a categorical exemption from CEQA, Rincon's Project Manager will inform the City immediately to decide on the appropriate course of action. The appropriate course of action in that event could include revising our scope of work and budget to allow for preparation of a Mitigated Negative Declaration or Environmental Impact Report. Task 3: Final CE Report Upon City acceptance of revisions to the draft report based on City comments, Rincon will format the document and provide a clean PDF for posting on the City's website and/or inclusion in staff report materials. Rincon will also prepare the Notice of Exemption for City review and signature. We assume the City or project applicant will file the notice with the State Clearinghouse and County Clerk, but Rincon can assist with these steps if needed at an additional cost. Project Management Rincon will use email and virtual meetings with City staff, as needed, during the course of the project to ensure clear communication. Rincon will prepare monthly invoices with status reports documenting the progress made each month on completing the project, and review and update the schedule when necessary. Schedule The overall schedule will depend on timing of our receipt of requested project and site information and City review times. Changes to the project or CEQA approach will require additional budget and a revised schedule. From receipt of a stable project description and plan set, and assuming timely City reviews and City comments not requiring a change in approach or major unanticipated new analysis, we City of San Rafael 930 Irwin Street Residential Project anticipate that the CEQA process as described in this proposal can be complete within approximately three to four months from authorization to proceed under a mutually agreeable contract. ■ Kickoff Meeting. Rincon will attend a virtual kickoff meeting within one week of notice to proceed, City staff schedules permitting. ■ Draft CE Report. Rincon will submit the Draft CE Report within 10 weeks of the kickoff meeting and receipt of all necessary project and site information, including a completed data request form. ■ Final CE Report. Rincon will submit the Final CE Report within 1 to 2 weeks of receipt of comments on the Draft CE Report, assuming comments are generally minor and do not require additional analysis, changes to the project or revised modeling. Cost Rincon can complete the proposed work program for a cost not to exceed $53,322. The cost for the optional Construction Health Risk Assessment would be an additional $9,800. The costforthe optional Roadway Health Risk Assessment would be an additional $13,500. The cost for the optional Highway 101 Noise Analysis would be an additional $4,300. A breakdown of our cost by task (not including optional tasks) is summarized in the table below. All services would be provided on a time and expense reimbursement basis and will be billed in accordance with our standard fee schedule (attached). Changes to the project or CEQA approach will require additional budget and a revised schedule. Task 1 Project Initiation and Kickoff 8 $2,012 Task 2 Draft CE Report 0 Air Quality 28 $5,343 Cultural Resources 83 $18,129 Noise 31 $6,386 Remaining Class 32 Topics 31 $6,464 Exceptions to the Exemption (except cultural resources) 16 $3,550 Task 3 Final CE Report 16 $4,186 Task 5 Project Management 22 $5,954 Reimbursable Expenses (travel, cultural resources records search) $1,298 Total (without optional tasks) 369 $53,322 Company Qualifications Rincon Consultants is a multi -disciplinary environmental sciences, planning, and engineering consulting firm that provides quality professional services to government and industry. Founded in 1994, Rincon has grown to a firm of over 400 professionals located in 12 California offices (Oakland, Sacramento, San Jose, Monterey, Fresno, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, San Diego, Riverside, and Carlsbad). Our professionals are experienced in urban, land use, and environmental (CEQA and NEPA) planning; technical studies including noise, air quality and greenhouse gasses; cultural resources evaluation and planning; regulatory compliance; biological resource evaluation and habitat enhancement; soil evaluation and remediation; and related studies. Our approach is focused on well-designed solutions that respond to our clients' specific needs in a cost-effective manner. City of San Rafael 930 Irwin Street Residential Project Rincon has been preparing CEQA required documentation for clients since 1994. This experience has provided us a unique perspective on the CEQA process, and we are able to apply that knowledge and experience to every project we undertake. We are capable of meeting all of Greenview Builders' needs for this project and will be able to offer these services on -budget and within specified time frames. With extensive public sector experience, depth of resources and first-hand knowledge of the environmental conditions in San Rafael, Rincon can provide a high-quality work product and responsive service. Rincon maintains the highest commitment to client satisfaction and understands that good communication is the keystone to a successful client partnership and ultimately providing excellent service. All Rincon staff assigned to this project has extensive experience overseeing, managing and preparing technical studies and CEQA documents, including hundreds of CE Reports, for similar projects with similar key environmental issues in Marin County and throughout California. References and further qualifications are available on request and at rinconconsultants.com. Thank you for considering Rincon Consultants for this assignment. Please do not hesitate to contact us if you have questions about this proposal or need additional information. Sincerely, Rincon Consultan , Inc. Abe Leider, AICP CEP Principal Phone: 510-671-0175 Email: aleider@rinconconsultants.com Attachments: Rincon Consultants Standard Fee Schedule 2024 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' 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. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' 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 CONSULTANT's insurance policies shall be "primary and noncontributory" 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 CONSULTANT'S policies shall be at least as broad as Rev. 08.22 B-1 ISO form CG20 0104 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or workers' compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT 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. Ifthe 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 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 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. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08 22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY 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 CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER 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 CONSULTANT. 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 the CITY. 08 22 B-3 RAFI i 2 C,TY WITH P�`y 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: CED Project Manager: Kristina Estudillo Extension: 5048 Contractor Name: Rincon Consultants, Inc. Contractor's Contact: Abe Leider, Principal Contact's Email: aleider@rinconconsultants.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 StepRESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager I DATE n/a Check/Initial <. 1 a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City 12/13/2024 lAttorney c/o Laraine.Gittens@cityofsanrafael.org Zg 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager 12/18/24 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 12/18/24 ❑X NT 3 Department Director Approval of final agreement form to send to ❑ contractor Forward three (3) originals of final agreement to 4 Project Manager ❑ contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Or Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 12/19/24 KE City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by City Council authorized 9 City Manager/ Mayor official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSA - Rincon Consultants Inc - 930 Irwin Residential Development Project CEQA Services Final Audit Report 2024-12-26 Created: 2024-12-23 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAULUb4YXL5Cca1p9ErL9_HSHN6KUk-MHa "PSA - Rincon Consultants Inc - 930 Irwin Residential Developm ent Project CEQA Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-12-23 - 8:20:08 PM GMT- IP address: 199.88.113.8 E'y Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-12-23 - 8:22:17 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-12-23 - 8:50:59 PM GMT- IP address: 73.15.82.184 GS© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-12-23 - 8:51:15 PM GMT- IF address: 73.15.82.184 &c) Document e -signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-12-23 - 8:51:17 PM GMT - Time Source: server- IP address: 73.15.82.184 E7+ Document emailed to city.clerk@cityofsanrafael.org for approval 2024-12-23 - 8:51:20 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-23 - 8:58:30 PM GMT- IP address: 199.88.113.8 b© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-12-23 - 9:45:29 PM GMT- IP address: 69.181.253.73 6© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-12-23 - 9:45:31 PM GMT - Time Source: server- IP address: 69.181.253.73 Powered by SAN RAFAEL Adobe Acrobat Sign E'-► Document emailed to John Stefanski (john.stefanski@cityofsanrafael.org) for signature 2024-12-23 - 9:45:33 PM GMT Email viewed by John Stefanski Qohn.stefanski@cityofsanrafael.org) 2024-12-23 - 9:55:21 PM GMT- IP address: 199.88.113.8 6© Document e -signed by John Stefanski (john.stefanski@cityofsanrafael.org) Signature Date: 2024-12-23 - 10:01:20 PM GMT - Time Source: server- IP address: 199.88.113.8 04 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-12-23 - 10:01:22 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-26 - 7:52:38 PM GMT- IP address: 199.88.113.8 &0 Signer city.clerk@cityofsanrafae1.org entered name at signing as Lindsay Lara 2024-12-26 - 7:52:56 PM GMT- IP address: 199.88.113.8 60 Document e -signed by Lindsay Lara (city.clerk@cityofsanrafael.org) Signature Date: 2024-12-26 - 7:52:58 PM GMT - Time Source: server- IP address: 199.88.113.8 ® Agreement completed. 2024-12-26 - 7:52:58 PM GMT SAN RAFAEL I PON`" e � li` by Adobe Acrobat Sign