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HomeMy WebLinkAboutPW San Rafael Corporate Center Environmental Review Services 2014Agenda Item No: 3. c Meeting Date: January 21, 2014 Meet Agenda I SUBJECT: Resolutions authorizing the City Manager to execute two separate Professional Services Agreements (PSA) for a potential development project at the San Rafael Corporate Center: 1) PSA with Kimley-Horn and Associates, Inc. for environmental review services and preparation of an Initial Study consistent with the CEQA Guidelines; and 2) PSA with LAK Associates, LLC. for contract planning services to serve as project planner. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolutions. BACKGROUND: In 1998 the City of San Rafael approved PD (Planned Development) District zoning, an Environmental and Design Review Permit, a Conditional Use Permit and a Development Agreement for the San Rafael Corporate Center Project (formerly Fair, Isaac). These approvals were subject to environmental review, pursuant to the California Environmental Quality Act (CEQA). With the assistance of RBF Consulting, an Environmental Impact Report (EIR) was prepared for the project, and was certified by the City Council in January 1998. Since the approval of the center in 1998, the center has developed in accordance with the approved Master Plan. To date, four of the five approved buildings have been built and are nearly all occupied. One of the two approved parking structures has been built (at corner of 2nd St/ Lindaro Ave). Based on the original approval for this site, there are two structures that remain entitled, but yet unbuilt: a four-story office building (at the corner of 2nd St/Lincoln Ave); and a multi -story parking structure on the east side of Lincoln Ave, across from the center. In recent months, the property owner (Seagate Properties) of the center along with one of the major tenants within the center, BioMarin Pharmaceutical,(BioMarin), have been exploring potential changes to the center to add addonal research and development space for BioMarin. BioMarin is considering the filing of an application to amend the PD District, along with associated planning entitlements. The project will require the preparation of an Initial Study and may result in the preparation of a subsequent EIR, a supplement to the previously certified EIR or a Mitigated Negative Declaration, based on the potential impacts and findings of the Initial Study. Given the environmental complexities of the site, the City will need an environmental planning firm, t# provide the guidance to the City on the CEQA process and provide CEQA analysis through the preparation of an Initial Study. To that end, the principal environmental planner who worked on the #riginal EIR for RBF Consulting has submitted a proposal for CEQA services on behalf of her new firm., FOR CITY CLERK ONLY File No.: .14 4f Counclill Meeting.,, Disposition: Leew 1 0 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page. 2 Kimley-Horn. The proposal for services would provide CEQA guidance to the City, during the Pre Application phases and prepare an Initial Study for the project to determine the level of environmental review that would be required for this project. The proposal for services includes a not -to -exceed budget of $90,000, which includes a budget of $75,350 for preparation of an Initial Study of all necessary tasks through preparation of an Initial Study, $8,000 for an optional task of a parking study, and $6,650 as an estimate for direct reimbursable costs. If the Initial Study results in a determination that a Negative Declaration or Mitigated Negative Declaration is appropriate level of CEQA review, then, those documents are covered by this contract. However, if the Initial Study results in the determination that an EIR is required, the contract scope will have to be amended to address the preparation of an EIR. In addition, the applicants have expressed their desire for an extremely focused and timely review process. Given the limited staffing in the current planning division along with the various other developmentproposals that are currently in the development review pipeline, city staff is unable to exclusively focus its complete attention on this project without detriment to other projects that are under review. Therefore, the applicant has requested that the City hire a contract planner to serve as project planner. LAK Associates, Inc, a local planning services firm, has submitted a proposal for services to serve as project planner on this project and process the applications in accordance with the City's procedures. The proposal for services includes an hourly rate of $132/hour, which is the same hourly billing rate as our Associate Planner staff position. Based on our understanding of the project at this time, we have estimated that a project of this complexity could take up to 300 hours. Therefore, the not to exceed budget established with this contract is set at $40,000. ANALYSIS: Pursuant to the CEQA, the City of San Rafael will act as lead agency for environmental review of the proposed project. Given the proposed revisions to the original project and the length of time since the preparation of the original EIR, the original EIR is not adequate in and of itself to satisfy the required environmental review for the revised project. For this reason, the services of Kimley-Horn were solicited to complete additional environmental analyses required for the revised project. As the principal in this firm was the preparer of the original environmental document for the San Rafael Corporate Center project, Kimley-Horn has the familiarity with the site and prior EIR that would not exist with another EIR consultant. In terms of LAK Associates serving as project planner, this firm has worked for many jurisdictions in Marin County, and even serves as contract staff for another jurisdiction in Marin County. Therefore, they have f familiarity with the planning process in Marin. The project planner will serve under the direction of the Planning Manager, as do all staff planners. FISCAL IMPACT: The not -to -exceed budget for Kimley-Horn for CEQA services is $90,000. This amount will be paid entirely by the applicants. In addition, the applicants will pay a 25% EIR administration fee to the City to cover staff time associated with administering the contract and managing the project. The not -to -exceed budget for LAK Associates for project planner services is $40,000. This amount will be paid entirely by the applicant. In addition, the applicant will be required to submit the standard City application fees for any application type required for their project. The application fees will cover staff time associated with inter -departmental review, contract management and oversight, and hard costs incurred by the city, ie. copying, noticing, mailing, etc. The City's adopted fee schedule and a condition of application for any planning entitlements, specify that an applicant/property owner is ultimately responsible for all city costs associated with processing a development application. To this end, a Reimbursement Agreement has been prepared to specify and memorialize these terms and has been signed by the property owner/applicant SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pag : 3 OPTIONS: The following options may be considered by the City Council on this matter: 1 Accept the proposals for services and authorize the City Manager to execute two separate Professional Services Agreements with Kimley-Horn and LAK Associates. 2. Revise the proposal based on City Council discussion. 3. Continue and request additional information. ACTION REQUIRED: It is recommended that the City Council adopt the Resolutions. ATTACHMENTS: 1. Letter from Seagate Properties and BioMarin, agreeing to City hiring contract services for processing of development application at San Rafael Corporate Center 2. Draft City Council Resolution for Kimley-Horn and Associates, Inc (includes Professional Services Agreement and Scope of Work) 3. Draft City Council Resolution for LAK Associates, LLC (includes Professional Services Agreement and Scope of Work) 4. Reimbursement Agreement -RESOLUTION No. 13667 RESOLUTION y RAFAEL CITY COUNCIL AUTHORIZING MANAGER 1i 1 AGREEMENT , i PROFESSIONAL iy SERVICES AND ASSOCIATES, y i ENVIRONMENTAL ,y PLANNING PROVIDE y GUIDANCE AND PREPARE iy i y INITIAL i AMENDMENTS PROPOSED i 1 d 1 RAFAEL CORPORATE I i y CENTER PROJECT (Term of AgKeement: from Januarya to July 21, 2015, for an amount notto Exceed $9 0,000) WHEREAS, in 1998 the City of San Rafael approved PD (Planned Development) District zoning, an Environmental and Design Review Permit, a Conditional Use Permit and a Development Agreement for the San Rafael Corporate Center Project (formerly Fair, Isaac). The approvals authorized redevelopment of a 15.54 -acre site located south of Second Street with a 406,000 square - foot office park; and WHEREAS, the planning approvals granted for the San Rafael Corporate Center were subject to environmental review. An Environmental Impact Report (EIR) was prepared for this project and was certified by the City Council in January 1998; and WHEREAS, the owner of the San Rafael Corporate Center project site, Seagate Properties, and a major tenant at the center, BioMarin, are considering changes to the center that would entail construction of additional building area for research and development use. This revised project will require environmental review; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA), the revised development project will require environmental review, which will involve the preparation of an Initial Study to analyze the potential impacts and determine their level of significance; and WHEREAS, Kimley-Horn and Associates, Inc. has prepared a proposal for services to provide CEQA. guidance to the City and prepare the Initial Study required by the California Environmental Quality Act (CEQA), which is provided as Exhibit "A"; and WHEREAS, proposal for sda ! not -to -exceed budget $90,000, includes completion all necessary aM tasks `® Initial ! 'includes ! M parkina amount $8,000; ! ur WHEREAS, d a developer a ! agreed to # allconsultantassociated a a preparation a EIR plus the City's EIR administration ! THEREFORE, i i RESOLVED #the City Council of the City ofSan Rafael herebytoes authorize # #• to execute, on behalf # Rafael,an • for Professional and i # BE IT FURTHER RESOLVED, the Agreement is subject to approval as to form by the City Attorney. 1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 21St day of January, 2014, by the following vote, to wit: OWN '�Iiilii , 11, ��illnuyln� 111011140R11111 Colin ConnollANAIM, ,�. std'-� � . ��� , I ESSTFIER C. BEMNE, City Clerk AGREEMENT i PROFESSIONAL i1 SERVICES KIMLEY-HORN AND ASSOCIATES, t i l GUIDANCE AND INITIAL STUDY FOR LAND USE ENTITLEMENT AMENDMENTS PROPOSED i 1 1 RAFAEL CORPORATE i EOi l CENTER PROJECT This Agreement sa made and entered into this 2 I't da a`! January! between as CITY OF SAN RAFAEL (hereinafter "CITY"), and KIMLEY-HORN AND ASSOCIATES, INC (hereinafter "CONTRACTOR"). i Yf VMEREAS, the property owner and a major tenant at the San Rafael Corporate Center have expressed their interest in pursuing changes to the adapted master plan for the center; and "EREAS, CONTRACTOR has submitted its proposal for the performance of professional planning ` attached • as "Attachment 1 and i `! by reference a a • a WHEREAS, CITY desires to retain CONTRACTOR to perform professional services necessary to render advice and assistance to the CITY, the CITY's Planning Commission, City Council and staff in the environmental review process in accordance with the California Environmental Quality Act (CEQA), which in this phase would include providing CEQA guidance and preparation of an Initial Study, and VMEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. AGREEMENT PROJECT COOR i) A. CITY. The City Manager shall be a representative aa! ` CITY for ! purposes under this Agreement. PlanningManager hereby designated PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. aw B. CONTRACTOR. i i i shall assign a single PROJECT to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. i designated aPROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute s the CONTRACTOR notifybusiness days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide professional services under the pervision of the Planning Manager, as described in the "Scope of Work to Provide CEQA Guidance and an Initial Study for the Proposed New Research and Development Facility at the San Rafael Corporate Center" attached here to as "Attachment A". 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone and computer facilities. CITY shall provide CONTRACTOR with copies/sets of project plans and materials, historical files on this development, local plans, ordinances and reports that are pertinent to the project that has been assigned to the CONTRACTOR. The CITY shall provide CONTRACTOR with supervision and direction on processing the development application in accordance with local procedures. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a lump sum fee of $90,000.00, invoiced monthly based upon the overall percentage of services performed. This amount includes an estimated amount of $6,650 for direct reimbursable expenses (such as delivery services, copying and other direct expense billed at 1.15 times cost) as well as an optional task of preparation of a parking assessment for the project if desired by the developer/owner in the amount of $8,000.00. Payment will be made monthly upon receipt by PROJECT MANAGER of itemizet invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 18 months commencing on January 21, 2014 and ending on July 21, 2015. Upon mutual agreement of the parties, and subject to the written approval of the City Manager, the term of this Agreement may be extended for an additional period of 12 months. 6. TERMINATION. A. Discretionary. Either 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 CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relatimr to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall become the sole property of CITY upon completion of the services and payment in full of all monies due to the Contractor. CITY may use said property for any purpose, including projects not contemplated by this Agreement. Any modifications made by Client to any of the Consultant's documents, or any use, partial use or reuse of the documents, for purposes other than identified in this Agreement, without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorney's fees, resulting therefrom. I 8. INSPECTION AND XIFIDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the perfon-nance 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. A. During the to of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies.* commercial general liability insurance policy in the minimum amount of *ne million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($ 1,000,000) per occurrence. B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 4. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to CITY's PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any r4zht of subrogation against CITY. D. 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. E. 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 Z��� shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the miniirnum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance -policy or proceeds .2-vailable to the named insured; whichever is greater. F. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. G. CONTRACTOR shall provide to the PROJECT MANAGERor City Attorney-. (1) Certificates of Insurance evidencing the insurance coverages required in this Agreement; (2) a copy of the policy declaration page or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy lanimne or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend, with counsel approved by the CITY, and hold harmless the City Indemnitees CITY, its officers, agents, employees and volunteers 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" that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except any such CLAIM which is caused by the sole negligence or willful misconduct of CITY. B. 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. CONTRACTOR shall not discriminate in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE ALL LAWS. CONTRACTOR! observe and comply with all applicable `!` ! state and local laws, codes and regulations,the performance of and obligations !` Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify andhold harmless agentsand employees "! ! damages,liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or ! 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Raffi Boloyan, Planning Manager City of San Rafael 1400 Fitch Avenue (P.O. Box. 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Laura Worthington -Forbes Kimley-Horn and Associates, Inc. 100 West San. Fernando St, Site 250 San Jose, CA 95113 CONTRACTOR.16. INDEPENDENT For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers., shallagents and employees act in the capacityan iemployees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR its officers, agents and • that i !Contractor 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. 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. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. No 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. CONTRACTOR's taxpayer identification number is 56-0885615, and CONTRACTOR ceres under penalty of pe&ry that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS NMEREOF, the parties have executed this Agreement as of the day, month and year first above written. I NL", q1 ka441( - NANCY MAC E, City Manager e6 ' -r--> i2 O>c ESTHER C. BEIRNE, City Clerk ROBERT F. EPSTEIN, C I Il By: C(A vE 4q k, Name: MEWi Lj Title-* ��.1� tDfZ. � 1CJE. �I�,F�SlO�.NT K�{ACA 03 Attachment: A Scope of Work to Provide CEA. Guidance and an Initial Study for the Proposed New Research and Development Facility at the San Rafael Corporate Center, December 11, 2013 ZEE= r0 WMAN.Goet, I 0,664MI F IME M • °� - Mr. Paul Jensen City of San Rafael Community Development Department 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 M 100 West San Fernando Street, Suite 250 San Jose, California 95113 RE: Scope of Work to Provide CEQA Guidance and an Initial Study for the Proposed New Research and Development Facility at the San Rafael Corporate Center. Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of San Rafael ("Client") to provide City Staff with the necessary strategic support and guidance in development of a CEQA strategy and "roadmap" for the proposed expansion of the San Rafael Corporate Center (SRCQ. This first phase of assistance will result in preparation of an Initial Study and supporting technical an-alyses. Project Understanding The SRCC campus is bounded by Anderson Drive on the south, 2 nd Street and the San Rafael to the north and Lincoln Avenue to the east. Located on the southern ee of Downtown San Rafael, the site is nearly built out. The site ee undrw dgnt extensive environmental review and corresponding CEQA entitlement for development of a 406,000 square foot office campus for Fair Isaac in late 1997. Since that time, four of the five proposed buildings and one 3 -story parking garage •have been constructed on the approximate 15 -acre site. Supplemental environmental documents have been prepared over the years to allow for limited medical office use of the site. To maintain traffic levels of service, medical office space has been restricted to 68,000 square feet of the 406,000 square feet of development approved onsite. Approximately two years ago, Seagate Property purchased the site. In collaboration with their existing tenant, BioMarin, Seagate Property is proposing the addition of 85,000 square feet of research and development space (inclusive of related office and support space) in a new building on the western surface parking lot of the SRCC, Campus. It is anticipated that the lab building would have 9 TEL 669 80 4133 Mr. Paul Jenseti, December 11, 2013, Page 2 Ell - ,s hley-Horn K and Associates, Inc. an architectural vernacular and design features similar to those of the existing onsite buildings. It is anticipated that the project application will both include and address a high level of sustainable design features and would be designed to I I I I minimize impacts to the site and surrounding downtown area. As part of the overall campus development, it is anticipated that additional structured parking would be provided to meet the appropriate parking supply required by the City. The purpose of this scope of work is to define certain tasks requested by the Client necessary to meet CE QA compliance requirements for preparation of an Initial Study. Anticipated entitlement actions include the following: Amendment to the PD Zoning and Master Use Permit Design Review Permit One (or more) Map Amendments Environmental Clearance (MND or EIR) Scope of Services I The scope of services is provided as follow] Task IJ —Prepare Initial Study Kimley-Horn will complete the Initial Study in accordance with CEQA Guidelines Section 15063 and Initial Study Checklist (Appendix G) in the CEQA Guidelines and in accordance with City of San Rafael format/procedural requirements. Based on our prior experience working with City Staff, we fully anticipated that the Scope of the Initial Study will be thoroughly reviewed by and with City Staff to ensure concurrence on approach, completeness, and to verify/validate current Initial Study format anclprocedures. The Initial Study will form the basis for the Environmental Analysis discussion in what is anticipated to be subsequent preparation of either a Mitigated Negative Declaration (IVIND) or Environmental Impact Report (EIR). It will provide the necessary background for determining the potential fo r significant environmental effects associated with the proposed Project. To achieve the objective of defensible impact determinations and to meet City requirements, the Initial Study must be thorough. Each of the topics identified on the environmental assessment form contained in the State CEQA Guidelines will be evaluated to document the nature and extent of any potential environmental consequences and the need for mitigation. Many of the issue areas addressed in the Initial Study will not have the potential for significant effects (ie., "No Impactor Less than Significant Impact") due to the nature of the proposed Project and extent of previous environmental analysis/documentation that has been prepared for the site. However, the 0_10 M NO '%1 - " 1,11,1Kimley 1i -Horn Mr. Paul Jensen, December 11, 2013 Pace 3 and Associates, Inc. document will address any potential impacts under all environmental issues. The specific purpose of the analysis in the Initial Study will be to identify all potentially significant adverse environmental impacts and incorporate mitigation measures to reduce or eliminate any adverse consequence I s. l(imley-Horn- will prepare a draft Initial Study document to include the following sections: 4* Introduction. This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of subsequent environmental documentation (MND or EIR) and will provide a brief summary of the findings of the Initial Study. I% Environmental Setting. The environmental setting will describe existing physical setting and characteristics of the project site, as well as the setting and character of adjacent land uses and the surrounding area. Project Des ' tion. The project description will provide a detailed, yet crip concise, description of the proposed Project. The purpose and need for the project will be clearly stated, along with the anticipated (community) benefits of the proposed Project. Any discretionary actions needed to implement the project will be identified. 4e Environ mental Analysis. This section will provide an expanded discussion of the environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response, A statement will be provided to clearly support the checklist response to each question. References used as the basis for the analysis will also be listed after each response. As noted below, several technical studies to support the Initial Study will be prepared. These are limited to: Air Quality, Noise, Greenhouse Gas Emissions and Visual Simulations. All other topical areas of the Initial Study will be thoroughly addressed. Mandatory Findings of Significance. This section of the document will provide a discussion of the projects impacts, as they relate to the mandatory findings of significance under CEQA. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the Mandatory Findings of Significance questions, as found in the Initial Study Checklist. Any gation measures developed to reduce adverse impacts will also be identified, to support the determination of a Mitigated Negative Declaration. Appendix. The Environmental Initial Study checklist will be included as an appendix to the document,, along with any developer -provided Technical Studies. At this time, it is anticipated that all supporting technical studies will be provided by the Project Applicant and that no Kimley-Horn Mr. Paul Jensen, December 11, 2013, Page 4 and Associates, Inc. 4"new" technical studies, not otherwise contemplated by the Applicant will be required to support preparation of an IVIND. Given the scope and location of the expansion Project, we are appropriately assuming site development activities would occur within a fully- developed/urbanized area of the City. Thus, the technical studies will be limited to the topical areas noted below (including Air QualitGreenhouse Gas Emissions, and Noise). Other topical areas will be addressed as discussed below (including Aesthetics, Public Services, Utes, Traff ic, Hazardous Materials/Hazards, Hydrology/Water Quality, Geology and Soils). Topics not specifically mentioned below (e.g. Agriculture/Forestry, Biological Resources, Cultural Resources, Mineral Resources, Population and Housing and Recreation) will be addressed in the Initial Study, but based on the previously certified 1997 EIR are anticipated to result in no new impacts as a result of the Proposed Project. Aesthetics. The visual and aesthetic impacts of the proposed project wil be analyzed in this section of the Initial Study. KHA will describe thl existing visual conditions of the site, including a discussion of view, within the project site and views from surrounding areas to the site an( the expected changes that would result from development of thi proposed project. KHA will provide up to 6 computer/photogra phi, graphic simulations utilizing existing architectural and site as -buil information provided by the Client. Images will show the propose4 building and site construction from a variety of views and site context, All views will be approved by the Client prior to graphic production. KH� w ill provide one (1) round of revisions based upon Client comments. I KHA will also address potentially significant impacts generated by the introduction of light and glare associated with the development of the proposed project. This analysis will include a discussion of light and glare impacts on neighboring sensitive uses from streetlights, vehicle headlights, building lights, nighttime building illumination and security lighting, and other relevant sources. KHA will review and incorporate existing City policies and guidelines regarding light and glare in the Initial Study. The Initial Study will Identify the potential visual impacts and recommend mitigation measures to reduce impacts. Public Services. Impacts to police and fire protection, schools and other public facilities as a result of expansion of -the Corporate Campus will be analyzed in this section of the Inal Study. KHA will describe the existing public services, including fire and police stations that serve the site, and the ability to meet or maintain target ernergency response times. KHA will review and incorporate existing City policies and guidelines regarding public services in the Initial Study. The Initial Study will Kim -Horn Mr. Paul JCDsen, December 11, 2013, Page 5 .t... and Associates, Inc. identify the potential impacts to public services and recommend mitigation measures to reduce impacts. I Utilities. Public utilities I including water resources, wastewater, storm drainage, and solid waste impacts as a result of the proposed project will be analyzed in this section of the Initial Study. KHA will describe the existing public utilities, including wastewater collection capacity and treatment, storm drainage system, water supply, and solid waste management and the impacts that would result from implementation of the project. KHA will review and incorporate existing City policies and guidelines regarding public utilities in the Initial Study. The Initial Study will identify the potential impacts to public utilities and recommend mitigation measures to reduce impacts. Traffic. The traffic impacts of the proposed project will be analyzed in this section of the Initial Study. KHA understands that the Applicant has engaged Fehr & Peers to prepare a trip generation analysis that will be submitted to the City's Traffic Engineer. The City Traffic Engineer will utilize this information to input into the Citys model. The results of the model runs will be provided to KHA to utilize in preparation of the Initial Study analysis. This scope has been prepared in the event that the Department of Public Works does not prepare the level of service analysis, In addition., we have assumed that the City will not prepare the CMP level analysis. Therefore, we anticipate studying five (5) intersectionst including CMP designated intersections. KHA will describe the existing traffic conditions of the site, including site ingress/egress, s "te circulation within and proximate to the site,, the roadway network serving the site and the expected changes that would result from developme'nt of the proposed project, KHA will review and incorporate existing City poes and guidelines regarding traffic in the Initial Study. The Initial Study will identify the potential traffic impacts and recommend mitigation measures to reduce impacts. The following scenarios will be analyzed: Existing Conditions Baseline Co nditions Baseline Plus Project General Plan Plus Project Buildout (Cumulative) As an ""optional," task, KHA will work with the project applicant to develop an overall strategy for project connectivity to the surrounding downtown roadway and transit network, including providing connectivity for pedestrians and bicycles, as well as recommending specific design elements that facilitate more efficient project sustainability. This option also includes preparation of a parking ley K rn -Horn cembcr I L, 2013, Page 6 N P, Mr. Paul Jensen De and Associates, Inc. assessment to validatelverify parking demand, parking (structure capacity, and parking ratios utilized to assess parking requirements. HazardslHazardous Materials. Based on the preparation of the 199 Draft and Final EIR, KHA will uze the information in the previousli certified EIR regarding the project site historical uses and remedia actions taken on the west parcel by the Regional Water Control Boan (RWQCB) and Department of Toxic Substances Control (DTSC). Ou scope of work assumes that an updated geotechnical technical repor will be prepared for the site by others, which will address any relevan updates or concerns relative to the protecting the structural integrity o the onsite landfill cap, slurry walls and groundwater monitoring wells KHA will incorporate the findings from this geotechnical report an( describe the impacts that would result from development of thi proposed project. KHA will review and incorporate existing City policie and guidelines regarding hazardous materials in the Initial Study. Th Initial Study will identify the potential hazardous materials impacts an recommend mitigation measures to reduce impacts. I HydrologylWater Quality. The hydrology and water quality impacts o the proposed project will be analyzed in this section of the Initial Stud KHA will describe the drainage collection and conveyance system existinp, flood hazards and control facilities, and water quality, and th impacts that could result from implementation of the project. KHA Wil review and incorporate existing City policies and guidelines regardin hydrology/water quality in the Initial Study. The Initial Study will identif the potential impacts to hydrology/water quality and 'recommen mitigation measures to reduce impacts. Land Use and Planning. Given the entitlement actions being requeste( by the Project Applicant (as noted above), KHA will focus this section o the Initial Study on whether or not the 85,000 square foot increase ir development area will result in conflicts with applicable San Rafae General Plan and Zoning Ordinance policies and/or developmen guidelines for -the project site. These include development policies o guidelines specific to the Linclaro Office District, Downtown urban desigr policies, zoning, FAR and height provisions, as well as applicabl( ordinances. Impacts are anticipated to be less -than -significant however, given the increase in site development density in concert wit[ the City's update to the General Plan subsequent to the origina approvals, this topic warrants an updated discussion in the Initial Study voo Geology and Soils. Utilizing the updated Gectechnical Report prepared by the Project Applicants geotechnical engineer,, KHA will document the existing site soil and geologic conditions. Any deviations from the previously documented site Impacts (as identified in the 1997 certified EIR) will be identified and new and/or modified mitigation measures will be recommended to address project conditions. Given the existing site Kimley - Horn Mr. Paul Jensen, Decemb�.-r 11, 2013, Page 7 and Associates, Inc, conditions and corresponding regulatory oversight,, KHA will focus particular attention on the geotechnical reports attention to/measures describing maintenance and protection of the onsite cap during construction, The following three (3) topical areas will be prepared as technical reports, included as an Appendix to the Initial Study and relevant information incorporated within the body of the Initial Study Checklist. Air Quality. KHA's subconsultant, RBF Consulting will prepare the Air Quality section of the EIR as follows: Existina ConditionslRegulatory Framework. The project is located withil the San Francisco Bay Area Air Basin (SFBAAB), which is under thi jurisdiction of the Bay Area Air Quality Management District (BAAQMD) Baseline meteorological and air quality data developed through th( California Air Resources Board (CARB) will be utilized for the descriptiol of existing ambient air quality. Air quality data from the nearest ai quality monitoring station will be •included to help highlight existing ai quality local to the project area. The analysis will also describe an( address the requirements set forth by the BAAQMD CEQA Air Qualit, Guidelines. The air quality analysis will be structured to address th( following questions from Appendix G of the CEQA Guidelines-, Violate any air quality standard or contribute substantially to an existing or projected air quality violation; Expose sensitive receptors to substantial pollutant concentrations; Create objectionable odors affecting a substantial number of people; Conflict with or obstruct implementation of the applicable air quality plan; and Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for 03 Construction -Related Emissions. RBF will quantify construction emissions with the California Emissions Estimator Model (CalEEMod). A general description of the major phases of construction and their timing will be required. The air pollutant emissions during construction will be compared to the BAAQMD regional thresholds of significance. RBF will also qualitatively discuss naturally occurring asbestos impacts. Long -Term Emissions. RBF will quantify operational (i.e., area and mobile source) emissions and provide a comparison to the BAAQMD i regional thresholds of significance. The emissions will be quantitatively derived utilizing CaIEEMod. Primary sources of emissions will be related MM WEI KI -How Mr. Paul Jensen, December 11, N 2013, Page 8 I m1ey A and AssociatesInc , to area sources and local/regional vehicle miles traveled. Project i consistency with the latest BAAQMD Clean Air Plan will be evaluated. Toxic Air Contaminants. Per the BAAQMD requirements, the analysis will address toxic air contaminants based on the following criteria: The proximity of the toxic air contaminants to sensitive receptors; The likelihood and potential level of exposure; and The degree to which project design will reduce the risk of exposure. Greenhouse Gas EmissionslGlobal Climate Change KHA"s Subconsultant, RBF Consulting will review project land use data and will prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). Construction related GHG emissions will also be quantified and evaluated, The M inventory will be quantified with CalEEMod. Impacts will be determined based on compliance with a City's Climate Change Action Plan (April 2009) as well as with applicable policies within the Sustainability Element of the General Plan. Depending on the project's consistency with the City"s Climate Change Action Plan and Sustainability Element, RBF may analyze the project's GHG emissions in relation to BAAQMD significance thresholds. Due to the City"s potential for sea level inundation as identified in the Sustainability Element, the analysis will also address the susceptibility of the project site to sea level,rise. The climate change analysis will be structured to address the following questions from Appendix G of the CEQA Guidelines: Generate greenhouse gas emissions, either directly or indirectl that may have a significant impact on the environment; and Conflict with an applicable plan, policy or regulation adopted for th purpose of reducing the emissions of greenhouse gases. I This task accommodates revisions based on one consolidated set of comments. Additional comments can be addressed on a time and materials basis. The draft Air Quality/GHG Study can be completed with three weeks of receipt of the above requested items. The study will be provided in electronic format only (pdf and Microsoft Word). This scope excludes meeti ngs/hea rings. 44** Noise. KHA's subconsultant, RBF Consulting will prepare the Noise section of the EIR as follows-, Existing ConditionslRegulatory Framework. RBF will review applicable noise and land use compatibility criteria for the project area. Noise standar s regulating noise Impacts will be discussed for 'land uses on Kimley-Horn Mr. Paut Jensen. December 11, 2013, Page 9 and Associates, Inc. d. to the project site. RBF will conduct a site visit throughout the project site. During the site visit, RBF will conduct short-term noise level measurements along the project area. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels in ® project area. Noise recording lengths are anticipated to require approximately 15 minutes at each location. The noise analysis will be structured to address the following questions from Appendix G of the CEQA Guidelines. - Expose persons to, or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; Expose persons to or generate excessive ground borne vibration or ground borne noise levels; Result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project; Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project; For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels; and For a project within the vicinity of a private airstrip,, expose people residing or working in the project area to excessive noise levels. Construction -Related Noise and Vibration. Construction would occur during Implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construktion task,, equipmeWm power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts from potential pile driving or drilling for the placement of piles will be based on the Federal Transit Administration's vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. Operational Noise Sources. On- and off-site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. On-site noise generating activities will also be addressed and analyzed for potential impacts to the adjacent uses. rX Mr. Paul Jensert, Deceinber 11, 2013. Page 10 "imley-Hom and ASSOCiates, Inc. This task accommodates revisions based on one consolidated set U? comments, Additional comments can be addressed on a time and materials basis. The draft Acoustical Analysis can be completed with three weeks of receipt of the above requested items. The study will be provided in electronic format only (pdf and Microsoft Word). This scope excludes meetings/hea rings. firs � i 11111E, I I �q l llli:; 1.2 City Review Once the draft Initial Study is completed, it will be submitted to the City for review and comment. This task will ensure that the information provided in the Initial Study relative to the project is accurate and that the Inal Study reflects any modifications to the project which may have occurred during the time the Initial Study was being prepared. We anticipate an erative" review process as the City -s process is fluid/dynamic and we recognize that the Applicant is still in the process of refining the project design. Therefore; d i scussion/coordi nation with staff from project inception through preparation of the Draft IS is critical. This task assumes up to three rounds of revisions and up to three meetings with the Client and/or City staff. If the Initial Study results in a determination that a Mitigated Negative Declaration will be prepared, I(imley-Horn will prepare the OPR Notice of Completion, Notice of Availability and Notice of Intent as part of this task. Should the Inal Study conclude with a determination that an Environmental Impact Report (EIR) is required, KHA will prepare the requisite Notice of Preparation (NOP). Kimley-Horn will distribute the Notices and draft Initial Study to City departments, responsible agencies and other interested parties to initiate the public review period, but we assume that the City would be responsible for posting and/or noticing in the local newspaper. Project Deliverables: Notice of Availability Notice of Intent IS Mailing of Notices and IS Project Deliverables: Responses to comment letters Final Initial Study and SND MMP '010, 'g Kimley-Horn Mr. Paul Jensen'. December H 2013 Page 11 7-1 and Associates, Inc. Klmley-Horn will attend 3 pre -application and/or project team meetings with City Staff and the Project Applicant (as appropriate) on the environmental clearance for the project. This may include participation in the Citys internal department review process to minimize the number of follow-up meetings and/or coordination necessary with City Staff relative to environmental topic areas, thresholds arid/or gation strategies. Project Deliverables: Participation in three (3) face-to-face project team meetings. Services Not Included Any other services, including but not limited to the following, are not part of this Agreement. • Preparation of technical studies not addressed herein ® Architectural/civil design services Hazardous and remediation services • Franchise utility studies and/or design • Permitting, Coordination and/or meetings with resource agencies in Alternatives Analysis Additional Services Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then -current hourly rates. Prior to commencing the Additional Services, Consultant shall obtain prior written approval of Client. Additional services we can provide include, but are not limited to, the following: * Preparation of parking assessment (may be added as an optional task) * Preparation of specifications * Preparation of materials for and/or attendance at internal Client meetings * Any other services not expressly included above Assumptions.- KHA assumes that the following list of background reports, technical data and/or plans will be provided by the Project Applicant: * Updated ALTA * Updated Geotechnical Report, including any relevant/required updates to onsite remediation conditions * Preparation of a trip generation/trip distribution analysis * Traffic impact model runs to be provided by City Staff) Mr. Paut Jewsen, I December 11, 2013, Page 12 Justification for requested amendment to PD Zone and Master Use Permit 0 Civil site plans illustrating site grading and drainage calculations 0 Architectural renderings to support Design Review 0 Site elevations (to support preparation of visual simulations) 0 A detailed construction phasing and grading/excavation/paving quantities. 0 Traffic data to include peak hour traffic counts, levels of service, and daily trip generation data. 0 A detailed listing of all water/energy conservation measures that will be incorporated into the design. Any planned sustainable project features should also be provided. Kimley-Horn will perform the services in Tasks 1, 2 and 3 for the total lump sum labor fee below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Task 1 Initial Study/Technical Studies $68,850 Task 2 Public Notices $ 1,800 Task 3 Project Team Meetings 41700 Total Lump Sum Fee $75,350 Optional Task: Parking Assessment $ 8,0 '0 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice, Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the City of San Rafael. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons send us the City's standard contract for review and execution. We will commence services only after we have received a fully -executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Mr. Paul Jen n, Deceniber 11 2013, Page 13 We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. (vt J - Jim West P.E Laura Worthington Forbes Regional Vice President S R C C �a2 ��ae��av�ava�e �e2tev December 16, 2013 Mr. Paul Jensen Mr Raffil Boloyan Community Development Department Planning Division P.O. Box 151560 San Rafael, CA 94915-151560 RE -* BioMarin / San Rafael Corporate Center Dear Paul and Raffli, RECV1VTO Thank you for your assistance in facilitating the potential amendment to the Master Plan covering San Rafael Corporate Center. While these proposed revisions are very preliminary, we would like to continue to move forward. In order to facilitate this in the most efficient manner the ownership of San, Rafael Corporate Center and BioMarin will pay for the cost of the services of an outside planning service as well a the outside consulting service necessary for the preliminary review of the environmental impact statement. We acknowledge that these consultants will be formally retained by the pity of San Rafael and that all fees will be reimbursed by San Rafael Corporate Center and BioMarin at cost. We have received the proposal from LAK Associates, LLC for planning services and Kimley-Horn and Associates Inc. regarding the EIR. Please accept this letter as formal authorization to retain thei services and we will finalize whatever additional paperwork as may be required between the City and San Rafael Corporate Center / BioMarin as soon as possible. I We look forward to working closely with you and your staff on this project. Please do not hesitate to call with any further questions you may have. Dan Oppenheimer BioMarin Pharmaceutical Inc. GVP, Development & Portfolio Strategy 750 LINDARO STREET, SUITE 145 SAN RAFEL, CALIFORNIA 94901 (415) 721-2222 FAX (415) 457-1450 0 AC" CERTIFICATE OF LIABILITY INSURANCE kkv� DATE (MMiDDNYYY) 1i16j2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Greyling Insurance Brokerage 450 Northridge Parkway Suite 102 Atlanta GA 30350 CONTACT Jerry No ola NAME: PHONE{770} 552-4225 FAX (866)550-4082 A/C No): -MAIL erry . y ADDRESS: 3 noola@ greylin� ' cflm INSURERS AFFORDING COVERAGE NAIL # INSURER A: National Union Fire Ins. Co. 19445 INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27 636 INSURER B.Commerce & Industry Insurance 19410 INSURERCNew Hampshire Insurance Company 23841 INSURER D Lexington Insurance Company 19437 INSURER E INSURER F CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael aff i Boloyan A 1400 Fifth Avenue AUTHORIZED REPRESENTATIVE P.O. Box 151.560 San Rafael, CA 94915-1560 iDavid Collings/JERRY ACORD 25 (2010/05) @ 1988-2010 ACORD CORPORATION. All rights reserved. • • • • • • • • i - it • a TYPE OF INSURANCE POLICY NUMBER r # 6 16 T1 Is *1 A A "Al GENERAL LIABILITY OCCURRENCEEACH Ilial!! $ 5 COMMERCIALr, ,Bi•�l.._ ILITY t!! one persson) 21 CLAIMS -MADE Fx-1 OCCURiMED i •D • li! !i! Contractual _.ny GENERAL AGGREGATE $ 210OOfOOO PRODUCTS - COMP/OP AGGF1 $ 210OOfOOO GEN'L AGGREGATE LIMIT APPLIES PER: PRO- 11111111W11111111 JECT LOC -POLICY AUTOMOBILE LIABILITY Ko 0 T119.111 $ 11000,00-0- O IIS - person) -i © + • :4F&I-- *- , a ALL OWNED SCHEDULED CA 4982985lid AUTOS AUTOS NON -OWNED •.i. �, HIRED AUTOS AUTOS r ■ ■ ® lul UMBRELLA li •- ®i1 CCUR -• iii ii! AG r a , 51000,000; .EXCESS ,: CLAIMS -MADE RETENTION $ 10,000 WORKERS COMPENSATION �C 018112556 4/1/2013 4/1/2014 Well AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECU11VE EACH ACCIDENT r iii ! i i DISEASE ! r+ 000 • i r (Mandatory i r •i r i!! iii If S6s•- t •- •` - i OF OPERATIONS belows iProfessional Liability.! M1 s .. iii ill) Aggregateiii ilii DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) n Rafael ,Re: CEQA Guidance and Initial Study for Land Use Entitlement Amendments Proposed at the Sa !Coporate Center • iWorthington-Forbes.Cityi San Rafael,officers,!® I employees . volunteers are named as Additional i • on iireferenced liabilityii licies with the exception of workersprofessional # required by written contract. above `# liability policies exceptionof T>rofessionalliabilityprimary �non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract. allowed by CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael aff i Boloyan A 1400 Fifth Avenue AUTHORIZED REPRESENTATIVE P.O. Box 151.560 San Rafael, CA 94915-1560 iDavid Collings/JERRY ACORD 25 (2010/05) @ 1988-2010 ACORD CORPORATION. All rights reserved. • Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aueements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date I City Attorney Review, revise, and comment on draft agreement,-2, 2 Contracting Department Forward final- agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). .i C -C- 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 4 -A -N" 5 City Manager Mayor or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. )- M If you have questions on this process, please contact the City Attorney's Office at 485-3080. -* Council approval is required if contract is over $20,,000 on a cumulative basi5-. SU5TAINA Uf 5111, R. 40f-AJA BOARD OF DIRECTORS William Carney, President Bob Spofford, Vice President Jerry Belletto, Secretary Tamara Hull, Treasurer Greg Brockbank Bob Brown Jim Geraghty Katherine Jain Kay Karchevski Kiki La Porta Lisa Max Gail Napell Sue Spofford 166 Greenwood Avenue San Rafael, CA 94901 415.4577656 San Rafael City Council City Hall 1400 5th Avenue San Rafael, CA 94901 I would like to request that item 3.c relating to Corporate Center EIR work be removed from the consent agenda for tonight's Council meeting to allow for fuller discussion. According to the staff report and attached consultant letter proposal, Biomarin is considering building an additional 85,000 sq. ft. 'lab' building on the west parking lot of the Corporate Center campus, in addition to the already -approved offices and parking garage to be built on Second Street. This is great news in terms of the employment and vitality that the project could bring to Downtown and the Station Area, and its endorsement of Downtown San Rafael as a great place to do business. Since this new building clearly requires City approval, which is at the complete discretion of the City, it may also offer the opportunity to negotiate public use (and potential enlargement) of the new garage to relieve some of the parking burden that is encumbering proper development of smaller downtown parcels, as described in the Station Area Plan. Sustainable San Rafael urges the City to adopt a proactive and entrepreneurial spirit in pursuing a public/private partnership to realize and catalyze the full potential of this gateway area to downtown San Rafael. We applaud • the EIR work includes an updated parking -demand study anticipating the positive impact of SMART on commuter driving. While the additional lab space will certainly require parking, it may be that greater availability of and incentives for transit use can reduce the overall parking needs of the campus. We also welcome the data that the EIR work can provide to help mitigate Sea Level Rise, freeway air quality impacts, energy and water demands, and other sustainability • all of which need to • factored into optimizing the future of our downtown, and the Station Area in particular. William Carney, President SUSTAINAUESanRafaeWrg BOARD OF DIRECTORS William Carney, President Bob Spofford, Vice President Jerry Belletto, Secretary Tamara Hull, Treasurer Greg Brockbank Bob Brown Jim Geraghty Katherine Jain Kay Karchevski Kiki La Porta Lisa Max Gail Napell Sue Spofford 166 Greenwood Avenue San Rafael, CA 94901 415.457.7656 January 20, 2014 San Rafael City Council City Hall 1400 5th Avenue San Rafael,, CA 94901 Honorable Mayor and Council Members� I would like to request that item 3.c relating to Corporate Center EIR work be removed from the consent agenda for tonight's Council meeting to allow for faller discussion. According to the staff report and attached consultant letter proposal, B iomarin is considering building an additional 85,000 sq. ft. 'lab' building on the west parking lot of the Corporate Center campus, in addition to the already -approved offices and parking garage to be built on Second Street. This is great news in terms of the employment and vitality that the project could bring to Downtown and the Station Area, and its endorsement of Downtown San Rafael as a great place to do business. Since this new building clearly requires City approval, which is at the complete discretion of the City, it may also offer the opportunity to negotiate public use (and potential enlargement) of the new garage to relieve some of the parking burden that is encumbering proper development of smaller downtown parcels, as described in the Station Area Plan. Sustainable San Rafael urges the City to adopt a proactive and entrepreneurial spirit in pursuing a public/private partnership to realize and catalyze the fall potential of this gateway area to downtown San Rafael. We applaud that the EIR work includes an updated parking -demand study anticipating the positive impact of SMART on commuter driving. While the additional lab space will certainly require parking, it may be that greater availability of and incentives for transit use can reduce the overall parking needs of the campus. We also welcome the data that the EIR work can provide to help mitigate Sea Level Rise, freeway air quality impacts, energy and water demands, f other sustainability concerns, all of which need to be factored into optimizing the future of our downtown, and the Station Area in particular. William Carney, President tr ry CERTIFICATE OF LIABILITY INSURANCE IISATE IIl` i 2/19/2014 THIS CERTIFICATE ISSUED AS a a • OF INFORMATIONONLY AND CONFERS NO RIGHTS ' i aTE HOLDER . THIS CERTIFICATE DOES i AFFIRMATIVELY OR NEGATIVELYAMEND, EXTEND OR s • THE COVERAGE AFFORDED POLICIES BELOW. ` a OF ` r DOES iT CONSTITUTE A CONTRACTBETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, • i THE CERTIFICATEi i ` IMPORTANT: If the certificate holderADDITIONAL INSUREi the•• beendorsed. If SUBROGATIONWAIVED, subject• •terms andconditionsof policy, • policies •require an endorsement.rstatement on . does tconferi to the certificate holder in lieu of • • PRODUCER GreylingInsurance Brokerage • ,� ,� _ NAME: . i a a i a ►i , ♦• ! is ,450 Northridge Parkwaya a INSURER S) AFFORDING COVERAGE; suite 102 aNational Ins. Co. [Atlanta y 303INSUER50R OCCURRENCE it 11000,000 •• • Industry Insurance # COMMERCIAL GENERAL LIABILITY INSURER D:Lexington Insurance CoLupa��y,­­ Box 33068 1 E: -INSURER I INSURER F: '• NC • # w9brmAviadW Tn7®[ &J LMJ WA01"Fiilaln■!0.l1■1Js1�t�!!ai�L=�:fiii�t3f fY_>rr>r<+K®7 _4ZLVA IaI►I■►q1■1J*11Wb1:i: i a 'i i is i i r � i � r � r.i i' 'i - • i� ItsSi '111CINOWIPMUP1111111TYPE • OF INSURANCE a � % i i POLICY NUMBER s • * • � r GENERAL LIABILITYy OCCURRENCE it 11000,000 � COMMERCIAL GENERAL LIABILITY ■ :.� •: ii I ��� i i i i i MED EXP (Any one person) iii y� aD lil OCCUR CLAIMS -MADE 9645227 PERSONAL& PERSONAADV i1 1 iii 1 i i i Contractual Liability GENERALAGGREGATE $ 21000 ,0001 -•COMP/Op y iii i i i i AGGREGATE APPLIESPER' + ai . PO - CT LOC .,O_ i a • AUTOMOBILE We I . III' AD 1 I timmailyin� i. i/ I IINJURY� II*: person) BODILY Aa ALL OWNED SCHEDULED AUTOS AUTOS IiIi�♦ i HIRED AUTOS TOS 'CA 4982985 BODILY INJURY (Per accident) ..i. • is a II IIII IIII I II I II ;. la Ila.illit U EACH •• i 5,000,000�1 AGGREGATE iEXCESS LIAB y I: 016395110 t 1 1•• at y WORKERS COMPENSATIONiqC AND EMPLOYERS' LIABILITY .i.ri•.a.w PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER NH) [KN s i. • a w112556 • IM ' a EACH ACCIDENT iii li a ' ! r iii iii y •i iii i i i if yes, describe under DESCRIPTION OF OPERATIONS belowIM Professional _• # h�l�u I Per iii i1i •ii -i.- $2,000,000i DESCRIPTIONOPERATIONS LOCATIONS(Attacha• 101, Additional iule, If more spacerequired) The City of San Rafael, its officers, agents, employees & volunteers are named as Additional Insureds with respects toGenerals Automobile Liabilitywhere required bywritten contract. The above ,li• • • • • • �1 professional • s no • # !where requir edby • ofSubrogation e where required bywritten contracta allowed by law. ! • any of the abovedescribed • • be ! by the issuing insurer before Policy Number: GL 9645227 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --w OWNERS, LESSEES OR CONTRACTORS,~ AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU I I lip I IIIIIIIq MINIM 1 A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", 14property damage" or "personal and advertising injury" caused, in whole or in part, by: I . Your acts or omissions; or 2. The acts or omissions of those acting on your behalf-, in the performance of your ongoing operations for the addonal insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply - This insurance does not apply to: 1. "Bodily injury", "property damage" or "person and advertising injury" arising out of the render ing of, or the failure to render, any profession• architectural, engineering or surveying ser vices, including: a. The preparing, approving, or failing to pre pare or approve, maps, shop drawings opinions, reports, surveys, field orders change orders or drawings and specifica tions; or b. Supervisory, inspection, architectural o engineering activities. 2. "Bodily injury' or "property damage" occurrin� after a. All work, including materials, parts o equipment furnished in connection witt such work, on the project (other than ser vice, maintenance or repairs) to be per formed by or on behalf of the additional in sured(s) at the location of the covere( operations has been completed; or 1b. That portion of "your work" out of which thf injury or damage arises has been put to it! intended use by any person or organizatior other than another contractor or subcontrac- tor engaged in performing operations for C principal as a it of the same project. CG 20 33 07 04 @ ISO Properties, Inc., 2004 Page I of 1 0 • COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 All 11 0 " 01 0 4 0 a A M610 COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization (s): Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by it your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard." CG 20 37 07 04 0 ISO Properties, Inc., 004 Page 1 of 1 0 This endorsement, effective 12:01 A.M. 04/01/13 forms a part of policy No, GIS 9645227 issued to KIMLEY-HORN AND ASSOCIATES, INC. byNATIONAL UNION FIRE INSURANCE COMPANY OF •PITTSBURGH, PA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION 11 - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) it your work" performed for the additional insureds and included in the " prod ucts-com pleted operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. A14tho-ri"zed Representative or Countersignature in States Where abie 90533 (3/06) Page 1 of 1 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different ,fate Is indicated below. (The folkWng "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy), This endorsement, effective 12:01 AM 0 4 / 0 1 / 13 forms a part of Policy No. WC 018112551 111117 i 1 1; 1�1; "' 11` 1111 Ir# • By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce .our right against any person or, organization with whom you have a written contract that requires you to obtain this .?greement from us, as regards,any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. 100V /% WC 04 03 61 Countersigned by______________________________ (Ed. 11!90} This endorsement, effective 04/01/13 forms•. of i " O " UNION w INSURANCE 1 Ow" O PITTSBURGH, Bw w" ENDORSEMENTTHIS CHANGES PLEASE READ CAREFULLY, This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSU- r ANY PERSON ! ! BOUND! a t ! WHOM YOU t ! a ! a PROVIDE " ■ " INSURED STATUS BUT ONLY i THE EXTENT OF SUCH PERSONOR COVEREDORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A AUTO. 1. SECTION 11 - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: i Any person or organization, • ` schedule above, to whom youbecome •• i. `i to include as an additional insur` i under policy,of i . or agreement you ` into which requiresyou i furnish insurance to that person or organization of ` type provided by this policy, but only with respect to liability arising out of use of a covered ,"auto". • insurance provided • exceed the lesser i coverage and/or limits of policy, or ` coverage and/or limits r`i `• by . i contract or agreement. Adt—horized Representative # i • #Where l • • . i ` Page 1 of