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HomeMy WebLinkAboutPW Service Level Agreement; Task Order No. 132.1; Update to Transportation Fee Nexus Report v. Feb 2025 Page 1 City of San Rafael SERVICE LEVEL AGREEMENT DATED ____________________ WITH __________________________________________ TASK ORDER NO. _____ (Amendment to Task Order No. ____ Executed on___________________) Subject Title: __________________________________________________ Amendment Amount: $___________ THIS AMENDMENT TO TASK ORDER No. ____ is effective on ___________________, between the City of San Rafael, a municipal corporation ("City"), and _____________________________________, ("Contractor"). AGREEMENT TO AMEND TASK ORDER 1. Section 1 entitled “Scope of Work” (as may be referred to as “Scope of Services” in the original Task Order), is hereby amended as set forth in Exhibit A-__ of this Task Order Amendment. 2. Section 2 entitled “Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule” is hereby amended to include the additional work, work hours estimate, cost estimate and budget set forth in Exhibit A-___, for an amount not to exceed $______________, changing the total not to exceed amount under the Task Order to $___________________. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Task Order shall remain valid and shall be in full force. 4. Signatures. The parties have executed this Amendment as of the date first written above. 132 September 23, 2024 FEHR & PEERS 64,840 Fehr & Peers AUGUST 29, 2023 1 74,840 132.1 64,840 1 132 Update to Transportation Fee Nexus Report Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C April 28, 2025 L8.0002.T132.A1 City of San Rafael Service Level Agreement Amendment to Task Order v. Feb 2025 Page 2 CITY OF SAN RAFAEL: _________________________________ ________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM: Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST: City Clerk _________________________________ ________________________________, _________________________________ CONTRACTOR: __________________________________ By: _______________________________ Name: ____________________________ Title: ____________________________ [If Contractor is a corporation, second corporate officer signature required] __________________________________ By: _______________________________ Name: ____________________________ Title: _____________________________ Exhibits: A-__ – Scope of Work Amended 1 Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Geoff Rubendall Geoff Rubendall Principal Bob Grandy Principal Fehr & PeersAndrea Visveshwara Chief Assistant City Attorney April 28, 2025 City Manager Cristine Alilovich City Clerk Lindsay Lara EXHIBIT A - 1 SCOPE OF WORK AMENDED The Parties hereby agree to amend the Scope of Work to add the following work: 1. Additional or Amended Services: Based on the Contractor’s proposal submitted on March 21, 2025, Contractor shall perform the following: 1.1 Task 1 – Update Project List: Fehr & Peers will add up to four new projects to the 2021 TMF Fee Project List. 1.2 Task 2 – Review Revised Methodology to Credit for Existing Uses: Fehr & Peers will review direction provided by City staff on a recommended traffic fee credit methodology for existing uses and participate in one conference call with City staff, the City Attorney, and other legal counsel. 1.3 Task 3 – Convert Fee from a “Per Trip” to “Land Use” Rates: Fehr & Peers will convert and calculate new fees for each land use type. 1.4 Task 4 – Update Fee Rates to Meet New State Laws: Fehr & Peers will incorporate modifications to the TMF to meet state laws passed since 2021 including AB 602, 2553, 3177. 1.5 Task 5 – Update Nexus Report: Fehr & Peers will prepare an updated Draft Nexus Report that incorporates revisions based on analysis prepared in Tasks 1-4 above. Based on a single set of consolidated comments from City staff, we will incorporate revisions and prepare a Final Nexus Report for presentation and adoption by the San Rafael City Council. 1.6 Task 6 – Attend Stakeholder Meetings: Fehr & Peers will attend up to three meetings including two in-person meetings. DELIVERABLES The Scope of Work is amended to add the following: 2. Project Deliverables: 2.1 Provide a table showing the maximum fee calculation for each land use type. Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C 2.2 Prepare a map showing the geographic transit priority areas that are currently covered by the new state laws including the Downtown Transit Center and the two SMART stations in San Rafael. 2.3 Prepare a Final Nexus Report for presentation and adoption by the San Rafael City Council. Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. All following documents are attached as reference material. RESPONSIBLE PARTY DESCRIPTION COMPLETED City Attorney’s Office Review, revise as needed, and approve agreement as to form Department Director Review and approve agreement Risk Management Email PINS insurance request to Contractor Confirm insurance documentation is complete Finance Review and sign off on funding availability TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Project Manager: Contractor Name: Contractor’s Contact: Contact’s Email: Fehr & Peers B.grandy@fehrandpeers.comBob Grandy Public Works Shannon Mackle (for Sarah Teplitsky) Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C 345 California Street | Suite 450 | San Francisco, CA 94104 | (415) 348-0300 | Fax (415) 773-1790 www.fehrandpeers.com March 21, 2025 Sarah Teplitsky, P.E. Department of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 Subject: Amendment 1 for Update to June 2021 Transportation Fee Nexus Report Dear Sarah: This letter constitutes Amendment 1 as requested to prepare an expanded update of the City of San Rafael Traffic Mitigation Fee (TMF) Nexus Report (June 2021) prepared in conjunction with San Rafael General Plan 2040. WORK PLAN This amendment incorporates the following additions to our August 12, 2024 work plan for a substantive update of the 2021 TMF Nexus Report based on recent correspondence, our March 20, 2025 call with City staff, and our January 7, 2025 call with legal counsel Megan Burke. • Update Project List • Review Revised Methodology to Credit for Existing Uses • Convert Fee from a “Per Trip” to “Land Use” Rates • Update Fee Rates to Meet New State Laws (AB 2553, 3177, and 602) • Update Nexus Report • Attend Stakeholder Meetings City staff will prepare the City Council Resolution and CIP required to be adopted in conjunction with the updated TMF Nexus Report. Task 1: Update Project List This task involves adding up to four new projects to the 2021 TMF Fee Project List. New projects added to the TMF project list will need to serve new growth in some capacity. Fehr & Peers will obtain a brief project description and cost estimates for up to four new projects from City staff. For TMF projects identified in the 2021 study, project costs will be updated either by applying an inflation adjustment developed in collaboration with City staff or using updated cost estimates provided by City staff. This task does not include preparing new project cost estimates. Task 2: Review Revised Methodology to Credit for Existing Uses Fehr & Peers will review direction provided by City staff on a recommended traffic fee credit methodology for existing uses and participate in one conference call with City staff, the City Attorney, and other legal counsel. It is anticipated the recommended traffic fee credit methodology for existing uses may include a provision for how the credit is applied when a property has been vacant or underutilized for a period of time, and will identify an approach for Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Sarah Teplitsky, P.E. City of San Rafael March 21, 2025 Page 2 of 4 determining what use (e.g., historic use, most recent use, another use as allowed under zoning, etc.) should be considered when determining an existing use fee credit. Task 3: Convert Fee from a “Per Trip” to “Land Use” Rates The current transportation fee is calculated based on the total number of net new AM and PM peak hour trips generated by a project. The purpose of this task is to convert the transportation fee from a “per trip” rate that requires calculation of a project trip generation estimate for each project to a “land use” rate (e.g., per housing unit, building square footage, room, etc.) for a set of land use types. Fehr & Peers will work with staff to define land use categories applicable to the fee based on appropriate nexus considerations and ease of implementation. The following is a draft list of categories based on initial discussions: single family residential, multi-family residential, senior housing, nursing/congregate care, commercial/retail, office, industrial, warehouse, hotel/motel, elementary school, day care, self-storage, and service station. We will consult with City staff before finalizing the land use list. Fehr & Peers will rely on available land use assumptions and growth projections that will form the basis for the updated fee rates. We will rely on the City’s General Plan 2040 and related updates for the General Plan to the Marin County travel demand model for the number of net new trips generated by development through 2040, as documented in the 2021 Nexus Report. We will extract data from the travel model on the percent of total growth in trips generated by residential service population vs employment service population to assign the relative costs and calculate rates for the associated relevant land use categories. This will result in a Cost per Equivalent Dwelling Unit (EDU) for a single-family residential unit. The revised fee calculations by land use type will be based on the relationship between trip rates for a single-family residential unit and other land use types as documented in the ITE Trip Generation Manual (11th edition). The result will be a table showing the maximum fee calculation for each land use type. Note that the Mitigation Fee Act requires that fees be calculated based on the demonstrated demand of each land use category. As part of the fee calculation, where applicable, we will account for deficiencies that may exist at the four new project locations. Existing deficiencies will be determined based on available information from previous TIAs, and we will not be conducting new analysis to determine existing deficiencies. If there are locations where an existing deficiency is identified, we will estimate the magnitude of each deficiency and use that to discount the cost of that specific improvement in the fee calculations. Task 4: Update Fee Rates to Meet New State Laws (AB 602, 2553, and 3177) The purpose of this task is to incorporate modifications to the TMF to meet state laws passed since 2021 including AB 602, 2553, and 3177. We will discuss an appropriate nexus approach with City staff, the City Attorney, and designated legal counsel. One of the major elements of AB 602 is the requirement that new impact fees on residential development be charged based on the square footage of each residential unit. AB 2553 expands the definition of “Major Transit Stops” (intersection of 2 or more major bus routes with a frequency of 20 minutes or less during peak commute periods) and requires that fees imposed on housing developments to mitigate vehicular traffic impacts be reduced for projects located within a transit priority area (close to a major transit stop) to reflect a lower rate of auto trip generation. AB 3177 similarly requires that a fee on housing development imposed for the purpose of mitigating vehicular traffic impacts shall be Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Sarah Teplitsky, P.E. City of San Rafael March 21, 2025 Page 3 of 4 set at a rate that reflects a lower rate of auto trip generation with certain characteristics: located within a transit priority area and the major transit stop is programmed to be completed before or within one year of scheduled completion and occupancy of the housing development, convenience retail uses are located within ½ mile of the housing development, and the housing development provides either the minimum number of parking spaces required by local ordinance or no more than one onsite parking space for 0-2 bedroom units, and two on-site spaces for 3 or more bedroom units, whichever is less. Fehr & Peers will prepare a map that shows the geographic transit priority areas that are currently covered by the new state laws including the Downtown Transit Center and the two SMART stations in San Rafael. We will extract transit mode share from recent Census data for the blocks surrounding the transit priority areas to provide a quantification of the fee trip reduction required for projects in these areas under AB 2553 and 3177. We will obtain information from City Planning staff on the average square footage size of residential dwelling units for each of the residential categories (i.e., single family-detached, single family-attached, and multi-family attached). As an example, for a recent fee update we completed for Rancho Cucamonga, City staff identified 2,500 s.f. as the approximate average size of a single family detached unit and 1,700 s.f. as the approximate average size of a single family attached or multi-family unit. Task 5: Update Nexus Report Fehr & Peers will prepare an updated Draft Nexus Report that incorporates revisions based on analysis prepared in Tasks 1-4 above. Based on a single set of consolidated comments from City staff, we will incorporate revisions and prepare a Final Nexus Report for presentation and adoption by the San Rafael City Council. A total of 16 hours of staff time are allocated for edits to the Draft Nexus Report. Task 6: Attend Stakeholder Meetings Fehr & Peers will attend up to three meetings including two in-person meetings. FEE AND SCHEDULE Fehr & Peers will complete Tasks 1 through 6 as described in the above work plan on a time-and- materials basis up to a maximum additional budget of $64,840. Invoices will be submitted monthly. This work would be conducted as an amendment to the existing task order under the Master Consultant Service Level Agreement by and between the City of San Rafael and Fehr & Peers dated August 29, 2023. We will complete the consultation and prepare an updated Draft Nexus Report within eight weeks of receiving the updated project list (Task 1) and direction on the credit methodology from Legal Counsel (Task 2), and a Final Nexus Report within two weeks of receipt of staff comments. The study budget assumes all work will be completed within a six-month period. We appreciate the opportunity to submit this amendment. Please call Bob Grandy at (415) 426-2520 if you have any questions. Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Sarah Teplitsky, P.E. City of San Rafael March 21, 2025 Page 4 of 4 Sincerely, FEHR & PEERS Neil Smolen, AICP Associate Bob Grandy, TE Principal SF23-1332.11 Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C September 23, 2024 Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org Click here to enter a date. 8/13/2024 SM 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 9/10/2024 9/10/2024 NT NT 3 Department Director Approval of final agreement form to send to contractor 9/11/2024 AM 4 Project Manager Forward three (3)originals of final agreement to contractor for their signature 9/12/2024 5 Project Manager When necessary, contractor-signed agreement 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 Date of City Council approval N/A Or Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 9/16/24 SM 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackle (for Sarah Teplitsky) Extension: 3353 Contractor Name: Fehr & Peers Contractor’s Contact: Bob Grandy Contact’s Email: b.grandy@fehrandpeers.com FPPC: Check if Contractor/Consultant must file Form 700 Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Docusign Envelope ID: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Certificate Of Completion Envelope Id: 8A9B809D-AF3B-40C9-A57C-B303266CAB5C Status: Completed Subject: DocuSign: Task Order Amendment with Fehr & Peers for Update to Transportation Fee Nexus Report Source Envelope: Document Pages: 19 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 4 Shannon Mackle AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) shannonm@cityofsanrafael.org IP Address: 69.181.69.46 Record Tracking Status: Original 4/23/2025 4:43:45 PM Holder: Shannon Mackle shannonm@cityofsanrafael.org Location: DocuSign Signer Events Signature Timestamp Nataly Torres NatalyT@cityofsanrafael.org Administrative Analyst City of San Rafael Signing Group: City Attorney's Office Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 4/24/2025 11:59:41 AM Viewed: 4/24/2025 12:00:07 PM Signed: 4/24/2025 12:01:43 PM Electronic Record and Signature Disclosure: Not Offered via Docusign April Miller aprilm@cityofsanrafael.org Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.21.9.33 Signed using mobile Sent: 4/24/2025 12:01:47 PM Viewed: 4/27/2025 7:36:36 AM Signed: 4/27/2025 7:36:43 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Van Bach vanb@cityofsanrafael.org Accounting Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 4/24/2025 12:01:47 PM Viewed: 4/24/2025 2:23:34 PM Signed: 4/24/2025 2:23:41 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Geoff Rubendall g.rubendall@fehrandpeers.com Principal Geoff Rubendall Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.160.30.30 Signed using mobile Sent: 4/27/2025 7:36:46 AM Viewed: 4/27/2025 3:17:12 PM Signed: 4/27/2025 8:23:35 PM Electronic Record and Signature Disclosure: Accepted: 4/27/2025 3:17:12 PM ID: aa7ac951-fc40-4e1d-a47d-f500c99e1fb5 Signer Events Signature Timestamp Bob Grandy b.grandy@fehrandpeers.com Principal Fehr & Peers Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 23.125.135.75 Sent: 4/27/2025 8:23:38 PM Viewed: 4/27/2025 8:45:18 PM Signed: 4/27/2025 8:46:38 PM Electronic Record and Signature Disclosure: Accepted: 4/27/2025 8:45:18 PM ID: edf97281-b2d3-46ed-99c1-d20e7e22123f Andrea Visveshwara andreav@cityofsanrafael.org Chief Assistant City Attorney City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 4/27/2025 8:46:41 PM Viewed: 4/28/2025 2:50:57 PM Signed: 4/28/2025 2:51:21 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Nataly Torres NatalyT@cityofsanrafael.org Administrative Analyst City of San Rafael Signing Group: City Attorney's Office Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 4/27/2025 8:46:41 PM Viewed: 4/28/2025 9:38:10 AM Signed: 4/28/2025 9:39:03 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Cristine Alilovich cristinea@cityofsanrafael.org City Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 12.205.53.66 Sent: 4/28/2025 2:51:24 PM Viewed: 4/28/2025 3:23:45 PM Signed: 4/28/2025 3:23:56 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Lindsay Lara lindsayl@cityofsanrafael.org City Clerk City of San Rafael Signing Group: City Clerk Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 4/28/2025 3:23:59 PM Viewed: 4/30/2025 12:07:22 PM Signed: 4/30/2025 12:07:48 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Nataly Torres natalyt@cityofsanrafael.org Administrative Analyst City of San Rafael Security Level: Email, Account Authentication (None) Using IP Address: 199.88.113.8 Sent: 4/24/2025 11:32:19 AM Viewed: 4/24/2025 11:54:19 AM Completed: 4/24/2025 11:59:40 AM Electronic Record and Signature Disclosure: Editor Delivery Events Status Timestamp Not Offered via Docusign Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Nataly Torres NatalyT@cityofsanrafael.org Administrative Analyst City of San Rafael Signing Group: City Attorney's Office Security Level: Email, Account Authentication (None) Using IP Address: 199.88.113.8 Sent: 4/24/2025 12:01:47 PM Viewed: 4/24/2025 12:02:03 PM Electronic Record and Signature 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