HomeMy WebLinkAboutCD General Plan 2040 Agreements____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-3-795, 4-3-796, 4-3-797 & 4-3-798
Council Meeting: 01/22/2019
Disposition: Resolution 14627, 14628, 14629 & 14630
Agenda Item No: 7.a
Meeting Date: January 22, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Paul Jensen,
Director
City Manager Approval: ______________
TOPIC: PROFESSIONAL SERVICE AGREEMENTS FOR GENERAL PLAN 2040 TECHNICAL
SUPPORT
SUBJECT: RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL
SERVICES AGREEMENTS FOR TECHNICAL SUPPORT FOR DEVELOPMENT OF
THE GENERAL PLAN 2040 AND THE DOWNTOWN PRECISE PLAN TOTALING AN
AMOUNT NOT TO EXCEED $1,458,933.
RECOMMENDATION:
Adopt the following resolutions authorizing the City Manager to execute professional service agreements
with four (4) technical consultants to help complete the General Plan 2040 update and prepare a
Downtown Precise Plan:
1.A Resolution Authorizing the City Manager to Execute an Agreement with Placeworks, Inc. to
Serve as Environmental Impact Review (EIR) and Engineering and Infrastructure Technical
Consultant for the General Plan 2040, with a Two-Year Term and Two Optional One-Year
Extensions, for an amount not to exceed $569,069
2.A Resolution Authorizing the City Manager to Execute an Agreement with Opticos Design, Inc. to
Serve as General Plan Community Design and Downtown Precise Plan Technical Consultant for
the General Plan 2040, with a Two-Year Term and Two Optional One-Year Extensions, for an
amount not to exceed $493,500
3.A Resolution Authorizing the City Manager to Execute an Agreement with BAE Urban Economics,
Inc. to Serve as Economic and Fiscal Technical Consultant for the General Plan 2040, with a
Two-Year Term and Two Optional One-Year Extensions, for an amount not to exceed $123,365
4.A Resolution Authorizing the City Manager to Execute an Agreement with Fehr & Peers
Associates, Inc. to Serve as Transportation Technical Consultant for the General Plan 2040, with
a Two-Year Term and Two Optional One-Year Extensions, for an amount not to exceed $273,000
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
EXECUTIVE SUMMARY:
As part of the City’s General Plan 2040 update, Staff is seeking approval to execute professional service
agreements totaling an amount not to exceed $1,458,933 with four consultants for technical support
services. These technical consultants were selected following a competitive request for proposal process.
The City has sufficient fund balance in the General Plan Special Revenue Fund (Fund #218) to support
these contracts. This revenue fund was established prior to General Plan 2020 as a way to set aside and
save funds needed for a General Plan update without impact to the City’s general fund. The City was
also awarded a $500,000 One Bay Area (OBAG) grant to prepare a Precise Plan for Downtown San
Rafael to occur concurrently with these efforts. This grant effectively reduces the City’s required
contribution to the overall effort to $889,460, by providing $500,000 in reimbursements for services
associated with the development of the Downtown Precise Plan.
BACKGROUND:
The City’s current General Plan 2020 has been in place since 2004 and as we approach 2020, is nearing
the end of its useful life. In addition, new State laws and regulations coupled with changes to conditions
in the community (such as SMART rail service) make the update timely. The new General Plan 2040,
once updated and adopted, would guide the City for the next 20 years (2020-2040).
On February 6, 2017, the City Council reviewed a Preliminary Work Program for the General Plan 2040.
This document presented the following information and recommendations:
•General expectations on format, scope and timing. It was anticipated that based on the draft
scope, the update process should be approximately three years.
•Budget. There are funds accumulating since the last General Plan to cover the cost of this
project and should not require General Fund assistance.
•Timely issues and key topic areas that need to be addressed in the Plan. The work program
identified the various issues or topics that need to be considered in this plan.
•Staffing and consultant services needs. The work program provided recommendations for
how the project will be staffed, including the use of a Project Manager to serve as the lead for
the update, with assistance from sub-consultants for technical studies and analysis.
•Community-based planning approach, designed to ensure maximum participation in the
process by key community stakeholders. A 21-member “steering committee” of these
stakeholders (later increased to 24 members) was recommended to lead the direction of plan
preparation and outreach through adoption. These members would represent a wide variety
of interest groups in the community and act as liaisons to represent and report to those groups.
The Planning Commission and Council were to have periodic check-ins on the plan update
and will have ultimate responsibility to review and approve the document.
•Required procedures and recommendations to be followed during the General Plan 2040
process. The draft work program also identifies the procedures to initiate the General Plan
update.
The City Council accepted the Preliminary Work Program with revisions. On June 19, 2017, the City
Council adopted Resolution No. 14358 authorizing a one-year Agreement for Professional Planning
Services with Barry Miller Consulting as Project Manager for the City’s General Plan 2040. The City
entered into a one-year contract with Barry Miller Consulting to serve as the Project Manager. On June
30th, 2018, this contract was extended for up to two additional one-year terms.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
On March 5, 2018, the City Council adopted Resolution No. 14478 approving the final General Plan Work
Program and Budget. The final work program included a summary of the General Plan 2040 Tasks
(Attachment 1) and the approval of an approximately $1.4 million total implementation budget for FY
2018-19 and FY 2019-20. Most of these funds were intended to support activities in FY 2018-19 and FY
19-20, particularly consulting services for environmental review, transportation, economics, and urban
design. Funding for the program was identified as coming from the General Plan Fund #218.
Earlier this year, the City was successfully awarded a $500,000 One Bay Area (OBAG) grant to reimburse
costs associated with the preparation of a Precise Plan for Downtown San Rafael (Resolution No. 14469).
The Precise Plan applies policies of the General Plan at a finer level of detail for the Downtown area,
effectively becoming a zoning ordinance for Downtown. The Precise Plan also includes a historic
resource assessment, a preservation strategy, and design direction for Downtown that goes beyond the
scope of the General Plan. The OBAG grant requires a 12 percent local match ($60,000). The City’s
match will also be covered by General Plan (Fund #218).
The Precise Plan will be completed and adopted concurrent with the General Plan 2040. There are
several overlapping tasks that will reduce the cumulative cost of the two efforts. For example, the two
projects will be covered by the same Environmental Impact Report (EIR) and vetted by the same Steering
Committee (e.g., the General Plan 2040 Steering Committee).
ANALYSIS:
On August 9, 2018, the City issued a Request for Proposals (RFP) inviting planning firms/consultants to
submit proposals for General Plan 2040 Technical Support and Downtown Precise Plan development.
The RFP broke this work out into six (6) specific scopes of work (Table 1):
Table 1. General Plan and Downtown Precise Plan Technical Consultant Budget
Service
Category
General Plan
Budget
Precise Plan
Budget TOTAL Comments
1.CEQA (EIR)$490,000 $60,000 $550,000 Excludes transportation and utilities-related
tasks; excludes certain “Setting” tasks to be
completed by staff (GP Project Manager).
2.Transportation $140,000 $40,000 $180,000 Includes analytical work on the General Plan,
Precise Plan, and EIR, but excludes drafting
the Circulation Element
3.Engineering/
Infrastructure
$33,000 $15,000 $48,000 Includes analytical work on the General Plan,
Precise Plan, and EIR, but excludes drafting
the Infrastructure Element
4.Economic and
Fiscal
$82,500 $35,000 $117,500 Includes analytical work on the General Plan
and Precise Plan but excludes drafting the
Economic Vitality Element
5.Urban Design $60,000 -- $60,000 Includes analytical work on the General Plan
only. Excludes the Precise Plan.
6.Downtown
Precise Plan
(planning,
design,
architectural
history, project
management)
-- $410,000 $410,000 Services include project management,
community engagement, PDA profile, historic
resource assessment, Plan options, design
guidelines, affordable housing and anti-
displacement strategy, and the Precise Plan.
Downtown Plan tasks associated with
transportation, utilities, economics, and
CEQA are covered above.
TOTAL $805,500 $560,000 $1,365,500
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The RFP was sent to 64 firms, representing the full range of services requested. A pre-bid conference
was convened at City Hall and 30 individuals attended. An opportunity for follow-up questions was
provided, with responses posted on-line for all interested bidders.
On September 5, 2018, the City closed the RFP submittal period and received responsive proposals for
all service categories except Engineering/ Infrastructure (Table 2).1 Three selection committees were
formed to assist with the selection of consultants. Each committee included a combination of staff (with
multiple Departments included) and a member of the General Plan Steering Committee.2 The Downtown
Precise Plan committee included a staff member from ABAG/MTC. A two-step process was used to
evaluate the proposals. The first step was evaluation and scoring of the written proposal based on a
series of weighted criteria. The second step was to interview the top three firms in each service category.
In the case of the EIR category, there was a tie for the third ranking, and both consultants were invited to
interview.
Technical Consultant interviews were conducted from October 31 to November 16, 2018. After
interviews, one proposal for each service category was identified as the most responsive to the City’s
requirements, taking into consideration both the written proposal and in-person interview. Selected
consultants can be found in Table 2 below. In the case of the Engineering/ Infrastructure service category,
Staff asked the consultant selected for the EIR category to add this to their proposed services.
PlaceWorks, Inc. agreed to this request and submitted a revised proposal including both the EIR and
Engineering/Infrastructure scopes of work.
For the Transportation service category, the city received one (1) proposal during the submittal period
from Fehr & Peers, Associates, Inc. After review of their proposal, the selection committee found the
proposal responsive and recommended moving forward with a contract. The proposed scope of work
was expanded to include an update of the City’s Traffic Mitigation Fee, including cost estimates for
transportation improvements needed by 2040. Due to the additions to the scope, the proposed contract
for Fehr & Peers Associates, Inc. is $260,000 rather than the $180,000 initially budgeted for this service
category.
Table 2. General Plan and Downtown Precise Plan Technical Consultant Selection Summary
Service Category
Proposals
Received Interviews Selected Consultant
1. CEQA (EIR)5 4 PlaceWorks, Inc.
2. Transportation 1 1 Fehr & Peers Associates, Inc.
3. Engineering/ Infrastructure - - PlaceWorks, Inc.
4. Economic and Fiscal 4 3 BAE Urban Economics, Inc.
5. Urban Design 6 3 Opticos Design, Inc.
6. Downtown Precise Plan (planning,
design, architectural history, project
management)
6 3 Opticos Design, Inc.
FISCAL IMPACT:
Staff is requesting approval for four professional service agreements (PSA) for General Plan 2040
Technical Consultants totaling an amount up to $1,458,460 over the fiscal years ending in 2019 and 2020
1 The RFP was sent to nine firms with transportation planning capability. Several of these firms attended the pre -
bid conference. However, only one firm submitted a proposal,
2 General Plan Project Manager Barry Miller did not participate on the selection committees due to the potential
for conflict of interest.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
(Table 3). The requested PSA amount includes a total base contract amount of $1,389,460 and an
additional five (5) percent contingency included with each contract upon approval of the City Manager.
The total contingency across all contracts would be $69,473. The purpose of this contingency request is
to allow the City Manager to approve a minor increase in the total contract amount, if necessary, without
the need to return to City Council for approval.
Table 3. Proposed Contract and Budget Amounts for GP2040 Technical Consultants
For the PSA with Fehr & Peers Associates, Inc. for the Transportation service category, Staff is requesting
City Council approve a PSA with a contract amount of up to $260,000. This contract amount is $80,000
greater than the $180,000 listed in the RFP and approved in the General Fund Work Program budget.
As described in the Analysis section, the request for a larger contract amount is due to the increased
scope of work that what was initially proposed—including the update of the Traffic Mitigation Fee.
The funding for this project is apportioned from General Plan Special Revenue Fund #218. This fund
includes revenue for both the implementation of the current General Plan, as well as the General Plan
update process. The current fund balance for the entire Fund #218 is approximately $1.973 million. The
revenue that is generated for Fund #218 is through the following two fees that are collected as a
surcharge with every building permit issued by the City:
•The General Plan Maintenance (General Plan 2040) Fee is intended to cover the cost of both
periodic updates of the City’s General Plan and comprehensive updates to the plan every 20 or
so years. This fee is a 0.096% surcharge on the building permit fee and is charged to every
building permit. At the start of this fiscal year, the balance for this fund is $962,688. This portion
of the fund is the appropriate source of funding the General Plan update. In addition, this account
will continue to accumulate fee revenue through this process, estimated at $114,000 annually.
•The General Plan 2020 Implementation Fee is intended to cover the cost of implementation of
programs identified in the City’s General Plan 2020. This fee is a 0.259% surcharge on the
building permit fee and is charged to every building permit. The current balance for this fund is
$1.011 million. In addition, this account will continue to accumulate fee revenue through this
process, estimated at $278,000 annually.
While there is a sufficient fund balance in the General Plan Special Revenue Fund #218 to cover the
proposed professional service agreements, funds of $543,810 will need to be appropriated for FY18/19.
For FY19/20, Staff will appropriate sufficient funding at budget preparation.
Additional general plan expenses were included within the approved General Plan work program but are
not included in this staff report. These additional expenses include:
Service Category Contractor Budgeted
Amount
Base
Contract
Requested
PSA Amount*
1. CEQA (EIR) & 3. Engineering/ Infrastructure PlaceWorks, Inc.$598,000 $541,970 $569,069
2. Transportation Fehr & Peers Associates, Inc. $180,000 $260,000 $273,000
4. Economic and Fiscal BAE Urban Economics, Inc.$117,500 $117,490 $123,365
5. Urban Design & 6. Downtown Precise Plan Opticos Design, Inc.$470,000 $470,000 $493,500
Total $1,365,500 $1,389,460 $1,458,933
*The requested PSA amount includes a 5% contingency for each base contract.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
• Approximately $42,000 for on-line engagement and graphic design—two separate but related
service categories. On-line engagement includes the development, administration, and analysis
of web-based surveys. Graphic design includes book design and publishing (for the General
Plan) and the design of “collateral materials” for public meetings.
• Approximately $30,000 is budgeted for facilitation and outreach services, particularly for larger
community workshops designed to attract several hundred attendees.
• Approximately $150,000 for other expenses associated with the General Plan update. This
includes staff overtime costs, a project intern, rental of meeting facilities, printing costs and
meeting supplies, State-mandated filing fees, translation and interpreter services, and technology
(including computer visual simulations, rental of automated polling devices for public meetings,
etc.).
Additional expenses are also expected due to revisions to the contract with Barry Miller Consulting to
reflect the additional scope of work associated with the Downtown Precise Plan. Mr. Miller’s current
scope covers the General Plan Update only. While this expense was not included in the final General
Plan Work Program, there is sufficient funding in General Plan Fund #218 to cover these expenses. Staff
will return to City Council with updates as these expenses are further refined.
OPTIONS:
The City Council has the following options to consider regarding this matter:
1. Accept the Professional Services Agreements (PSAs) as recommended by Staff; or
2. Revise all or a portion of the PSAs based on City Council discussion; or
3. Reject all or a portion of PSAs and direct staff to solicit additional RFP’s for the corresponding
services; or
4. Continue the matter and request additional information.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the attached resolutions, authorizing the City Manager to
execute Professional Services Agreements with the selected technical consultants for the General Plan
2040 Update and the Downtown Precise Plan.
ATTACHMENTS:
1. Summary of the General Plan 2040 Tasks
2. Resolution Authorizing the City Manager to Execute an Agreement with Placeworks, Inc.
Exhibit 1 - Agreement
Exhibit A to Agreement - San Rafael General Plan 2040 – Environmental Impact Review
Technical Consultant Scope of Work
3. Resolution Authorizing the City Manager to Execute an Agreement with Opticos Design, Inc.
Exhibit 1 - Agreement
Exhibit A to Agreement - San Rafael General Plan 2040 – Transportation Technical Consultant
Scope of Work
4. Resolution Authorizing the City Manager to Execute an Agreement with BAE Urban Economics, Inc.
Exhibit 1 - Agreement
Exhibit A to Agreement- San Rafael General Plan 2040 – Economic and Fiscal Technical
Consultant Scope of Work
5. Resolution Authorizing the City Manager to Execute an Agreement with Fehr & Peers Associates,
Inc.
Exhibit 1 - Agreement
Exhibit A to Agreement- San Rafael General Plan 2040- Community Design and Downtown
Precise Plan Technical Consultant Scope of Work
ATTACHMENT 1
Summary of General Plan 2040 Tasks
Task Description
PHASE ONE (2017)
1 Reconnaissance. This task has been completed. It included retention of a project
manager, development of a “project library” of relevant planning documents, recruitment
and appointment of the General Plan Steering Committee, initial outreach and
engagement (website, branding, etc.), and development of the Work Program.
PHASE TWO (2018)
2 Community Engagement I. This task includes regular meetings of the Steering
Committee, outreach to stakeholders and the community at-large, public meetings and
workshops, outreach through Boards and Commissions, the project web-site, focused
outreach to under-represented groups, media coordination, and an on-line engagement
program.
3 Determine General Plan 2040 Structure. This task will determine the organization of
the General Plan document, including chapter headings and the key issues to be
addressed in each chapter.
4 Retain and Manage Technical Consultants. This includes issuing Requests for
Proposals and Qualifications (RFP/RFQ), selection of consultants, and negotiation of
Professional Service Agreements and consultant work scopes.
5 Baseline Data Collection and Analysis. This covers the collection and analysis of the
data needed to underpin General Plan policies and the EIR. It is organized into 17 sub-
tasks corresponding to specific topic areas (Economics, Transportation, Land Use,
etc.). An “Existing Conditions Report” will be produced at the end of this task.
6 Policy Audit. This is a policy-by-policy evaluation of General Plan 2040, to be
completed collaboratively by staff and the Steering Committee. It also includes a review
of policies in related City plans (Climate Change Action Plan, Bike-Ped Master Plan,
etc.) and the implications of new State laws.
7 Develop Draft General Plan Maps. This includes defining the General Plan’s Land
Use categories (densities, uses, etc.), preparing preliminary land use and circulation
diagrams for discussion, and preparing other policy-oriented maps and diagrams to be
used in the General Plan. Opportunity sites for future change will be identified through
this process.
PHASE THREE (2019)
8 Measure Plan Impacts. This task involves “testing” the impacts of different land use
and transportation scenarios on traffic, greenhouse gas emissions, services and
utilities, noise, and the environment. Preferred land use alternatives will be determined
for sites or areas where they may be different choices.
9 Prepare Draft Plan. This task involves drafting the General Plan document, including
goals, policies, programs, and narrative text.
ATTACHMENT 1
10 Prepare Draft Environmental Impact Report (EIR). This covers all CEQA-related
tasks, including initial noticing and scoping sessions; the EIR Project Description; the
discussion of setting, significant impacts, and mitigation measures for each topic area;
alternatives to the project; and findings.
Task Description
11 Community Engagement II. This is the continuation of the engagement strategy
through the second half of the project.
PHASE FOUR (2020)
12 Plan Adoption. This includes steps following publication of the Public Review Draft
Plan and EIR, including responses to comments on the Plan and DEIR, revisions to the
Plan, and public hearings before the Planning Commission and City Council.
13 Production of Final Plan. This occurs after General Plan adoption, and involves
publishing the final documents, including any changes approved during the adoption
process.
ON-GOING (2018-2020)
14 Project Management. This includes tasks associated with administration of the
General Plan, including weekly coordination meetings, hiring of temporary staff,
processing of invoices, budget tracking, management of mailing lists, grant applications,
meeting noticing, and email communication.
15 Supplemental Plans. This task covers parallel long-range planning projects that may
take place during the time horizon of the General Plan (potentially including the
proposed Downtown Precise Plan).
RESOLUTION NO. 14627
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
PLACEWORKS, INC. TO SERVE AS ENVIRONMENTAL IMPACT REVEW (EIR) AND
ENGINEERING AND INFRASTRUCTURE TECHNICAL CONSULTANT FOR THE
GENERAL PLAN 2040, WITH A TWO-YEAR TERM AND TWO OPTIONAL ONE-YEAR
EXTENSIONS FOR A TOTAL CONTRACT AMOUNT UP TO $569,069.
(Term of Agreement: from January 22, 2019 to January 22, 2021)
WHEREAS, on March 5, 2018, the City Council adopted Resolution No. 14478, which
initiated the preparation of General Plan 2040 and accepted the Final Work Program ; and
WHEREAS, on August 9, 2018, the City issued a competitive Request for Proposals for
General Plan 2040 Technical Support and Downtown Precise Plan; and
WHEREAS, a selection committee comprised of staff and a General Plan 2040 Steering
Committee member was formed to review submitted proposals; and
WHEREAS, the City received five proposals on or before the September 5th, 2018 filing
deadline for the Environmental Impact Report (EIR) scope for General Plan 2040 Technical Support
and Downtown Precise Plan; and
WHEREAS, the selection committee conducted a thorough and objective review of the
received EIR proposals and interviewed four applicants on November 16th, 2018; and
WHEREAS, the selection committee recommended the proposal submitted by PlaceWorks,
Inc. as the most responsive to the City’s requirements after consideration of both the review of EIR
proposal and in-person interview; and
WHEREAS, the City did not receive any proposals for the Engineering and Infrastructure scope
of work and PlaceWorks, Inc. agreed to expand their scope of services to include the Engineering and
Infrastructure analysis due to their familiarity with the work and the similarities in the analysis with the
Environmental Impact Report; and
WHEREAS, the City does not have existing staff persons dedicated to long range planning
efforts or the staffing capacity amongst exiting staff to conduct an Environmental Impact Report or
Engineering/Infrastructure analysis for the General Plan 2040; and
WHEREAS, the City was awarded grant funding from the Metropolitan Transportation
Commission to provide financial support for the creation of a Downtown Precise plan as part of this
contract; and;
WHEREAS, the City has sufficient funds in the General Plan Special Revenue Fund #218 to
be appropriated for FY18/19 to support this contract for the duration of the contract; and;
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Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
hereby authorizes as follows:
1.An amount of $233,625 shall be appropriated for FY18/19 from the General Plan Special
Revenue Fund #218.
2.The City Manager to sign the Professional Services Agreement with PlaceWorks, Inc. attached
hereto as Exhibit 1, subject to final approval as to form by the City Attorney, for services as
EIR Technical Consultant, including the Engineering/Infrastructure Scope of work, for the San
Rafael General Plan 2040 Update project, with a Term of January 22, 2019 to January 22,
2021, with up to two optional one (1) year extensions, for a total base contract amount up to
$541,970 and an additional five (5) percent of the total base contract, or $27,099, available
upon approval of the City Manager for a total contract amount not to exceed $569,069.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City he ld on
Tuesday, the 22nd day of January 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: McCullough
______________________________
LINDSAY LARA, City Clerk
Exhibit 1: Professional Services Agreement between City of San Rafael and
PlaceWorks, Inc., with
Exhibit A to Exhibit 1 San Rafael General Plan 2040 – Environmental Impact Review and
Engineering and Infrastructure Technical Consultant Scope of Work for
PlaceWorks, Inc., January 22, 2019.
AGREEMENT FOR PROFESSIONAL SERVICES
FOR GENERAL PLAN 2040 ENVIRONMENTAL IMP ACT REPORT AND
ENGINEERING AND INFRASTRUCTURE TECIDNCAL CONSULTING SERVICES
This Agreement is made and entered into this lJ_ day of Jo.nu O.vd, , 2019, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PLA WORKS, INC.
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, on February 6, 2017, CITY'S City Council adopted Resolution No. 14276,
which accepted the Preliminary Work Program and initiated the preparation of General Plan 2040;
and
WHEREAS, the CITY does not have existing staff persons dedicated to long range
planning efforts or the staffing capacity amongst existing staff to conduct an Environmental Impact
Report for the General Plan 2040, and CONTRACTOR has the expertise to do so;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. Barry Miller is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress
and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Steve Noack is hereby designated as the PROJECT DIRECTOR
for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide technical services for the General
Plan 2040, as specified in the "CEQA Scope of Services and Cost" attached hereto as Exhibit "A-1"
and incorporated herein by reference, and in the "Engineering Services Scope of Work and Cost"
attached hereto as Exhibit "A-2" and incorporated herein by reference.
DRiGINAl
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Section 4 of this Agreement. CITY shall
also provide a work space for CONTRACTOR, background information, oversight and direction,
network computer access and other materials necessary for CONTRACTOR to perform their duties.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as follows:
1. For the services set forth in Exhibits A-1 and A-2, CITY shall pay CONTRACTOR a
Total Base Contract Amount of $541,970 allocated as follows:
a. For the services set forth in Exhibit A-1, CITY shall pay CONTRACTOR on a
time and materials basis as set forth in "Table A-Cost Proposal-EIR" included in
Exhibit A-1, in an amount not to exceed $500,261; and
b. For the services set forth in Exhibit A-2, CITY shall pay CONTRACTOR on a
time and materials basis as set forth in "Table A-Cost Proposal-Engineering
Services" included in Exhibit A-2, in an amount not to exceed $41,709.
2. Additional compensation not to exceed five percent (5%) of the Total Base Contract
Amount, or $27,099, may be paid upon approval of the City Manager. In no event shall
the compensation payable to CONTRACTOR under this Agreement exceed $569,069.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 2 year(s) commencing on approval of this contract
and ending on January 22nd , 2021. Upon mutual agreement of the parties, and subject to the approval
of the City Manager the term of this Agreement may be extended for two additional periods of up to
one year.
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
2
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after tennination.
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 be the sole property of CITY once payment
has been received by CONSULT ANT. CITY may use said property for any purpose, including
projects not contemplated by this Agreement. If CITY desires to reuse any documents or other
deliverables, including electronic media, pe1taining to the project prepared by CONTRACTOR,
CITY may do so, but if such documents or other deliverables are reused by CITY for any purpose
other than that for which such documents or deliverables were originally prepared, or if CITY causes
such documents or deliverables to be altered without CONTRACTOR's written consent, such reuse
shall be at CITY's risk.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
3
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
I. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and non contributory" 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 01 04 13.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
4
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONTRACTOR under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof oflnsurance. CONTRACTOR shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates oflnsurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City lndemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in propmtion to the City lndemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
5
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City lndemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City lndemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. Indemnity Obligations for Professional Liability. With respect to the Services
performed in connection with the Agreement, CONTRACTOR shall indemnify, defend, and hold
harmless City Indemnitees from and against any and all liability, claims, actions, causes ofaction,
demands or charges whatsoever against any City lndemnitee for professional liability of any
nature, to the extent that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR. Such costs and expenses shall include reasonable attorney fees
for legal counsel of CITY's choice, expert fees, and all other costs and fees of litigation.
D. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
6
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Barry Miller
City of San Rafael
1400 Fifth A venue
P.O. Box 151560
San Rafael, CA 94915-1560
Steve Noack
Place Works, Inc.
1625 Shattuck Ave., Suite 300
Berkeley, CA 94709
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT --AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
7
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.
21. CITY BUSINESS LICENSE/ OTHER TAXES .
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
8
22. SURVIVAL OF I ER.MS .
Any terms of' this Agreement that b) their nature extend beyond the term ( or termination; of
this Agreement shall remain in effect until fulfilled. and shall apply tu both Panie · re . pccti, e
successors and assigns.
?"' _.,_ APPLICABLE LAW.
The la\\ s of the State of California shall govern thi!, Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement ma) be executed in an) number or counterparts. each or which shall he
deemed an original, but all of\\ hich together shall constitute one document. Counterpart signature
pages may be delivered b) telecopier. email or other mean!. of electronic tnm!,mis!.iun.
IN WITNESS WHEREOF. the patties have executed this Agreement as of the da). month
and year first above written.
CITY OF SAN RAFAEL
JI
ATTEST:
LINDSAY LARA, Cit) Clerk
APPROV ED AS TO FORfVI:
CONTRACTOR
Name:_Si-_1-='ruJ:::...:-.=lL:;._~A}J_A:...=.;c::.,~/'--G __ _
fitlc: fti1tJCIP. _ _;__::....:..:....:....:::...:..:.....i.=-:... _____ _
lffContra.:tor is a corp oration , a<ld ~ignature u l ~ccond
corporate ofticer)
lEXH~IB~l A 0 1:
CIEQA SIERV~CIES SCO?IE OF WORK AND COST
This exh ib it describes the scope of services and products for the CEQA Services supporting both the General Plan Update
and Downtown Precise Plan to be conducted by PlaceWorks for the City of San Rafael. This summarized scope is based on
the detailed scope provided by the City of San Rafael in the Request for Proposals (RFP) Appendix A, Scope 1:
Environmental Review.
SCOPE OF SERVICES
Task 1. Reconna issance
1.1. Kick-Off Meetings
As part of th is sub -task, the PlaceWorks team will work with the consulting project manager to organize and attend two
kick-off meetings on the project.
Deliverables.
■ List of supp lemental data ne eds
Task 2. Participation in Community Engagement Program
This task addre ss es meeti ngs w ith the Genera l Plan Steeri ng Committee and the general community.
2.1. Attend General Plan Steering Committee Meetings
Pla ceWorks w i ll attend at least four (4) meetings of the General Plan Steering Committee
2.2. Participate in Community Workshops
PlaceWorks w i ll partici pate in at least three (3) community-wide workshops. The PlaceWorks team has in cl uded a reserve
of 54 hours (Task 8.4) to attend unanticipated public stakehol der meeti ngs. The Pl aceWorks Team is prepared, if needed,
to provide content for the project website and any on -line engagement program. As discussed in Tasks 3.6 and 5.1, the
consultant team w ill attend public hearings before the Planning Commission and City Council.
Task 3. Data Collection and Analysis to Support General Plan and EIR "Setting"
Data co ll ection and analys is for the General Plan Update and the Downtown Precise Plan will be a collaborative effort
between all consultants and City staff. City staff and the lead consultant for the Downtown Precise Plan will be responsible
for providing and analyzing the existing conditions and baseline data for the following CEQA-related topics:
a. Aesthetics
PLACEWORKS
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CITY OF SAN RAFAEL
SAN RAFAEL GENERAL PLAN 2040 TECHNICAL SUPPORT: PROGRAM EIR ENGINEERING SERVICES
EXHIBIT A: SCOPE OF WORK AND COSTS
b. Land Use
c. Population and Housing
d. Public Services
e. Recreation
Other consultants retained by the City will prepare existing conditions sections for their sections, i ncluding the
transportation and engineering sections. The PlaceWorks Team w i l l prepare the following sect ions, as "Wh ite Papers",
which will be formatted as stand-alone ex isting conditions sect ions that will include a description of the regulatory
environment (Federal, state, regional and local) and of the "on the ground" conditions pertinent to the specific topic.
These reports will be distributed to the General Plan and Downtown Precise Plan teams, and will be made available to the
public.
As part of this task, PlaceWorks will prepare a template and rough content outline for all of the top ic areas that will be
used in the EIR, in order to ensure that the reports include the requisite information needed to conduct the impact
analysis in the EIR.
All reports will be prepared in draft and final versions, pending review by the managing consultant and City staff.
3.1. Prepare Natural Resources Inventory Maps and Reports
The PlaceWorks team will prepare a Natural Resource Inventory document, supported by extensive mapp i ng, that wi l l
provide baseline data necessary to complete the Conservation Element of the General Plan, and related sections of the
EIR. The majority of this work will be completed through examination of existing City documents, database review, and
field verification, as needed, to ensure all information used is up-to-date.
This sub-tas k wi l l include a summary of all existing federal, State, and local regulations addressing biological, hydro log i ca l,
and minera l resources. This data may include maps, tab les, and summaries of the following data:
a. Vegetat ion types.
b. Natura l communities and wildl ife habitats.
c. Spec ial status species designated on the California Natural Diversity Data Base.
d. Hillside preservation.
e. Tree protection and planting.
f. Invasive plant control.
g. Predatory animal control.
h. Local soil types.
i. Agricultural resources including Farmland of Statewide Significance.
j. Water resources (discusses creek and shoreline access, creek daylighting, and bank protection).
k. Wetlands management and preservation, restoration, and mitigation.
I. Consideration of rising sea level and need for adaptation.
This sub-task will also assess existing 2020 General Plan policies regarding the above mentioned environmental sections as
needed.
3.2. Prepare Environmental Hazard Maps and Report
PlaceWorks will provide the baseline data needed to update the General Plan Safety Element, and prepare the Hazards
and Hazardous Materials EIR Section. We will provide information on, seismic hazards, landslide potential, flooding, dam
PLACEWORKS 2
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CITY OF SAN RAFAEL
SAN RAFAEL GENERAL PLAN 2040 TECHNICAL SUPPORT: PROGRAM EIR ENGINEERING SERVICES
EXHIBIT A: SCOPE OF WORK AND COSTS
failure, wildfire hazards, aviation hazards, hazardous materials, emergency preparedness, and potential impacts of global
climate change. This information will be gathered from existing federal, state, regional, and local resources and programs,
as well as the 2020 General Plan EIR, the updated Climate Change Action Plan, the Local Hazard Mitigation Plan, and
recent studies regarding sea level rise and climate change vulnerability, including Marin Bay Waterfront Adaptation
Vulnerability Evaluation (BayWAVE}. PlaceWorks will compile information and maps for the downtown area and the
community. Each section of the report is described below.
a. Geologic Hazards
PlaceWorks will document hazards including ground shaking, liquefaction, fault rupture, differential settlement, and
earthquake-induced landslides. We will include maps showing regional fault lines and earthquake probabilities, along with
related hazards induced by earthquakes. The report will include documentation of specific hazards within the city such as
unreinforced masonry and soft-story buildings in the downtown.
b. Flood Hazards
PlaceWorks will document the flood hazards in the City, using the FEMA-designated 100-year and 500-year flood zones,
along with other applicable flooding sources regarding the City of San Rafael. We will address the following topics in the
report Associated maps and summaries will cover the following topics:
a. Sea level rise.
b. Coastal bay flooding.
c. Adaptation strategies for flooding.
d. Dam failure maps.
e. Tsunami inundation maps and data.
f. Watershed maps.
g. Flood control efforts and flood hazard mitigation.
h. Location and function of pump stations.
c. Wildfire Hazards
Wildfire hazards will include mapping of fire hazard severity zones as required by Senate Bill (SB) 1241 and will suggest
ways to reduce wildfire risk in the San Rafael Planning Area. We will consult with the California Department of Forestry
and Fire Prevention, as well as with the City and Marin County Fire Departments. This section will also discuss wildfire
hazard mitigation measures such as defensible space, vegetation management, emergency vehicle access, street sign
visibility, and availability of water in the event of a fire.
d. Hazardous Materials
PlaceWorks will prepare the hazardous materials section that will identify areas withjn San Rafael where hazardous
materials are either stored or handled. Hazards associated with the following will be discussed:
a. Leaking of underground storage tanks.
b. Groundwater contamination.
c. Spill prevention and accidental releases.
d. Hazardous waste clean-up.
e. Hazardous waste transportation.
f. Demolition or renovation near sites with asbestos, lead-based paint, and universal wastes.
e. Additional Topics (Airport Safety and Emergency Preparedness)
PlaceWorks will provide mapping and reporting on aviation hazards that could potentially occur at or near the San Rafael
Airport, and any potential influences on existing or future operations. This section will also summarize San Rafael's
PLACEWORKS 3
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CITY OF SAN RAFAEL
SAN RAFAEL GENERAL PLAN 2040 TECHNICAL SUPPORT: PROGRAM EIR ENGINEERING SERVICES
EXHIBIT A: SCOPE OF WORK AND COSTS
emergency preparedness programs, including community-focused programs, City-focused programs, and automated
notification systems, in addition to identifying evacuation routes per State General Plan guidelines. We will also include
information on post-disaster recovery.
3.3. Prepare Air and Water Quality Report
a. Air Quality Report
PlaceWorks will prepare a white paper describing the existing federal, state, BAAQMD, and local regulations and plans
governing criteria air pollutants and toxic air contaminants (TACs). To establish existing conditions, PlaceWorks wi ll
document air quality information for the City of San Rafael compiled by the California Air Resources Board (CARB).
PlaceWorks will also coordinate with BAAQMD to identify major stationary sources of emissions and utilize data from the
Traffic Engineer to identify high volume roadways in the City (e.g., US 101 and 1-580) that have the potential to generate
elevated concentrations of air pollutants. PlaceWorks will summarize the recommendations of CARB and the California Air
Pollution Control Officer's Association regarding siting new sensitive receptors proximate to major sources of air pollution.
As part of the General Plan Update, PlaceWorks will consider General Plan policies and/or mitigation measures that
identify studies required for future development applications, and performance standards for the new sources of
emissions, to reduce emissions and ensure the City's land use compatibility concerns are addressee;!.
b. Water Quality Report
PlaceWorks will summarize existing water quality information from published materials from the Regional Water Quality
Control Board and other sources related to water quality and sanitation, which will include summaries of federal, state,
county, and local jurisdictions governing water quality. Discussion of the countywide Stormwater Pollution Prevention
Program, associated permits, and clean water initiatives will be included. Current data on issues related to erosion,
sedimentation control, canal and nearshore sanitation, illegal dumping, and water quality education will also be discussed.
3.4. Prepare Noise Report
PlaceWorks will describe the regulatory environment addressing noise and vibration at the federal, State and local levels.
PlaceWorks will identify major sources of noise in the City and document existing noise levels that will be used for the
General Plan and Downtown Precise Plan EIR. PlaceWorks will conduct a noise measurement field survey of the City to
acquire ambient noise level data. The ambient noise measurement survey will consist of up to 20 short-term (15-minute)
locations and up to 10 long-term (48-hour) locations. These locations will be selected by PlaceWorks, in coordination with
City staff, and will take into consideration the major roadways, SMART train (with and without Quiet Zones), San Rafael
Airport, and stationary sources of noise. The field data will provide baseline noise levels and will be used to supplement
and validate traffic and rail modeling conducted for the EIR.
PlaceWorks will prepare a contour diagram and maps showing approximate noise levels throughout the city.
3.5. Prepare Sustainability, Energy, and Greenhouse Gas Report
PlaceWorks is prepared to work alongside the City's Sustainability Manager and staff updating the City's Climate Change
Action Plan. We understand that the CCAP update has included a recent inventory of greenhouse gas (GHG) emissions,
projections for 2020, 2030, and 2040, and new, quantified GHG reduction strategies to support the City's achievement of
its 2030 GHG reduction target. PlaceWorks staff is prepared to summarize CCAP baseline energy and GHG emissions data
to be used in the General Plan and related EIRs where it may affect land use, transportation, and conservation planning.
This sub-task will include documentation of issues related to energy such as electricity and natural gas within the city.
Citywide data to be summarized includes the fol lowing:
a. Proposed City GHG reduction targets for 2020, 2030, and 2040.
b. Existing state reduction targets.
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CITY OF SAN RAFAEL
SAN RAFAEL GENERAL PLAN 2040 TECHNICAL SUPPORT: PROGRAM EIR ENGINEERING SERVICES
EXHIBIT A: SCOPE OF WORK AND COSTS
c. Community-wide energy use, past, recent and projected.
d. Energy conservation and efficiency strategies, existing and proposed.
e. Renewable energy resources, existing and proposed.
f. Clean and renewable energy acquisition strategies, existing and proposed.
g. GHG reduction strategies, existing and proposed.
h. Vehicle miles traveled trend data.
i. Bicycle, pedestrian, and transit use data (if available).
j. Existing strategies to reduce VMT and increase alternative transportation modes.
PlaceWorks staff is prepared to complete any additional work needed to complement this sub-task.
3.6. Prepare Cultural Resources Report
TOA will prepare a summary of cultural resources in San Rafael both citywide, and with an emphasis on the downtown
area, including archaeological, prehistoric, and tribal resources, which will include compliance with AB 52 and SB 18
regulation. Once receiving summary of local preservation efforts, initiatives, and highlighted policy issues with historic
preservation, heritage, tourism, and urban design from the City, TOA will provide summary of existing laws, regulations
and rules re lated to cultural resource protection. For the purpose of the General Plan, data and regulation summary of the
Cultural Resources Report will focus on ways to strengthen existing preservation in the City, with a capability to proposed
new preservation techniques if determined necessary.
Deliverables.
■ Wh ite Paper template, and content outline for each topic
■ Draft and final white papers
Task 4. Participation in General Plan Alternatives and "Testing"
PlaceWorks is prepared to aid in any needed testing of General Plan alternatives needed from City staff and other
consu ltants. PlaceWorks will initially participate in th is process by providing order of magnitude estimates regarding the
potential environmental impacts associated with different alternatives. Any additional testing assistance needed from
PlaceWorks wi ll be completed upon request.
Task 5. Prepare Draft General Plan EIR
PlaceWorks will prepare an Administrative Draft EIR and submit it electronically to City staff for review and comment. The
impact analysis will be comprehensive and cover all CEQA requirements. Significance criteria will be identified for each
impact topic based upon thresholds of significance identified in Appendix G, Environmental Checklist Form, of the State
CEQA Guidelines and identified in the scoping process.
Impacts and mitigation measures will be organized and discussed by topic. For each identified environmental impact, a set
of feasible mitigation measures will be recommended. Pertinent calculations and technical information will be provided in
attached appendices.
The ADEIR will cover the following topics:
■ Executive Summary. PlaceWorks will create a summary in a form consistent with CEQA Guidelines Section 15123,
Summary. This summary will facilitate a quick understanding of environmental issues and the actions required to
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SAN RAFAEL GENERAL PLAN 2040 TECHNICAL SUPPORT: PROGRAM EIR ENGINEERING SERVICES
EXHIBIT A: SCOPE OF WORK AND COSTS
mitigate potentia l impacts. It will include a summary table of impacts, mitigation measures, and levels of significance
before and after mitigation.
■ Project Description. The Administrative Draft EIR will include the project description drafted for the project as part of
Task 5.3.
■ Setting, Impacts, and Mitigation Measures. The existing setting information, impact analyses, and mitigation measures
will be combined to create chapters describing environmental consequences for each CEQA-required topic.
■ Alternatives Evaluation. The alternatives evaluation chapter will include a tabular comparison of the alternatives
impacts, and a qualitative comparison in adequate detail to provide meaningful distinctions and conclusions.
■ CEQA-Mandated Sections. PlaceWorks will prepare assessment conclusions to meet CEQA Guidelines for the following
mandatory findings:
• Cumulative Impacts
• Growth Inducement
• Unavoidable Significant Effects
• Significant Irreversible Changes
• Impacts Found Not to be Significant
■ Organizations and Persons Consulted. This chapter wil l include agencies and persons contacted and literature
reviewed.
■ Report Preparers. Th is chapter will identify the consultants and staff who prepared the EIR.
Potential significant impacts anticipated to occur as a result of the proposed General Plan and Downtown Precise Plan
shall be mitigated to be less than significant as much as possib le. In the event that potential significant impacts remain,
new policies and programs will be proposed to further mitigate the potential impacts. PlaceWorks supports the City's goal
of creating "self-mitigating" plans as frequently as possible.
The PlaceWorks team will complete the following tasks in preparing the EIR.
5.1. Notice of Preparation and Scoping Session
PlaceWorks will prepare a Notice of Preparation (NOP) of an EIR pursuant to CEQA Section 15082, Notice of Preparation
and Determination of Scope of EIR, and distribute it to the State Clearinghouse. In addition, Steve Noack of PlaceWorks
will attend a scoping meeting. PlaceWorks will prepare a presentation for the meeting. This scope assumes the scoping
meeting will occur at a regularly-scheduled Planning Commission meeting, and that City staff will be responsible for
noticing and outreach.
5.2 Confirm Thresholds of Significance
Each topical issue included in the DEIR will have corresponding significance criteria which will focus analyses provided in
the EIR. The significance criteria will be compiled from a number of sources, including CEQA guidelines, federal and State
regulatory agency standards, regional agency standards, General Plan 2020 and input from City staff and the public. The
significance criteria for transportation thresholds will depend on previously mentioned tasks regarding Vehicle Miles
Traveled (VMT) over Level of Service (LOS).
5.3 Prepare EIR Introduction and Project Description
The introduction of the EIR will discuss the purpose, intended use, tiering and streamlining process, the environmenta l
review process, organization of the EIR and its relation to other plans and regulations, actions required to implement the
General Plan, explanation of mitigation measures, and a description of agencies that may use the EIR.
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PlaceWorks will draft a project description for City staff to review and approve, with additional narrative discussing the
location, and regional context of the City. This section will also discuss the general components of General Plan 2040, as
well as the differences between General Plan 2020 and the new update, which will be discussed in a quantifiable manner,
as will the rest of the EIR document. When discussing the project description of the Downtown Precise Plan, PlaceWorks
wil l include summary of major policy recommendations, zoning changes, circulation proposals that have potential to
impact the environment. The project description will expand on the purposes of the EIR for both the General Plan and the
Downtown Precise Plan, and will discuss the required permits and approvals needed to adopt each plan.
5.4 Draft Setting, Impacts, and Mitigation Measures for CEQA Topics
PlaceWorks will prepare the setting section of the EIR by referencing existing conditions data compiled by City staff and
the consultant teams in Task 3. Each section will include a discussion of impacts and mitigation measures per CEQA
guidelines. Unlike previous sections, this analysis will be qualitative in nature, with a narrative discussion of potential
impacts supported by General Plan policies that will serve as mitigation. The applicable sections to be included are listed
below as sub-tasks.
i. Aesthetics and Visual Resources
The aesthetics analysis will review General Plan Update policies and programs that may impact scenic vistas and other
resources, such as views of the hills or the Bay. This section will determine whether the General Plan or the Downtown
Precise Plan will have a substantial adverse effect on any protected aesthetic or visual resources. The setting will include a
description of scenic views and corridors within and adjacent to the city. If necessary, mitigation measures to reduce
aesthetics impacts to a less-than-significant level will be recommended in the form of additional or revised policies.
ii. Agriculture
This section will catalog any local agricultural resources, including urban agriculture. Potential impacts to these resources
as a result of the proposed plans will be analyzed to determine if they pose a substantial adverse effect. These impacts
may occur through direct conversion of Important Farmland, conflicts with land protected under Williamson Act contracts,
or through potential indirect impacts on existing agricultural operations. In the event an impact is determined to be
significant, mitigation measures shall be included to reduce the impact to as minimally significant as possible.
iii. Air Quality
a) General Plan and Precise Plan -Air Quality Management Plan Consistency
The San Francisco Bay Area Air Basin (SFBAAB) is in nonattainment for particulate matter and for ozone. BAAQMD has
adopted the 2017 Clean Air Plan: Spare the Air, Cool the Climate, which is the air quality management plan (AQMP) for the
SFBAAB to ensure it can attain the long-term National and California ambient air quality standards. PlaceWorks will
analyze consistency with the strategies in BAAQMD's AQMP. Additionally, PlaceWorks will analyze whether the proposed
General Plan and the Precise Plan would result in higher VMT growth per capita and per service population than under
existing conditions, per the BAAQMD's CEQA Guidelines Plan-Level criteria.
b) General Plan and Precise Plan -Other Air Quality Impacts
The air quality impact analysis will also describe land uses in the City that have the potential to generate nuisance odors.
Buffer distances and/or control measures for sources listed in the BAAQMD's guidelines will be incorporated. Because the
SFBAAB is designated as in attainment for carbon monoxide (CO), CO hotspots will be described qualitatively based on
BAAQMD's CEQA Guidelines screening analysis. The General Plan and Precise Plan are plan-level documents; and
therefore, modeling of construction health risk is not proposed. However, policies and/or mitigation measures will be
incorporated, as needed, to ensure that project-level analyses achieve the BAAQMD performance standards.
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c) General Plan -Criteria Air Pollutant Emissions
PlaceWorks w ill quantity cr iteria air pollutants from on-road transportation, energy use, and area sources associated with
implementation of the General Plan Update .. VMT will be modeled using the California Air Resources Board's (CARB)
latest emissions factor model (EMFAC) based on data provided by the City's Traffic Engineer. Residential and non -
residential natural gas use will be based on the activity data being prepared for the Climate Change Action Plan CCAP)
provided by the City and/or the City's consultant. Area sources of criteria air pollutants (e.g., off-road equipment, will be
based on data available from the California Air Resources Board's (CARB) OFFROAD2017 model. While industrial sources in
the City generate emissions, these stationary sources are permitted sources of emissions and not under the direct or
indirect control of the City. If information is available for permitted sources from BAAQMD, these sources will be identified
within the inventory separately. Potential regional localized air quality impacts from construction activities associated with
implementation of the General Plan will be described qualitatively.
d) Precise Plan -Criteria Air Pollutant Emissions
Construction-Related Emissions. For the Precise Plan analysis, PlaceWorks will provide an estimate of short-term criteria
and GHG emissions generated from construction activities. Modeling will be based on the construction schedule,
preliminary list of construction equipment per construction phase, demolition quantities and duration, and soil export
volume, if necessary, provided by the City. Where information is unavailable, we will use CalEEMod defaults, as
appropriate, and work with City to develop the worst-case construction assumptions. Emissions will be compared to the
BAAQMD significance criteria. The EIR will identify additional performance standards and measures that future
development would need to consider will be identified to reduce potential construction-related impacts, including
construction risk impacts, of the Precise Plan.
Operational-Related Emissions. Emissions from the current and proposed land use designations within the Precise Plan will
be modeled based on the land use statistics (e.g., units and non-residential square feet) developed for the project. Trip
generation, vehicle miles traveled, and reductions in trips and VMT provided by City's traffic engineer for the Precise Plan
only will be incorporated into the model. For the purpose of this scope and cost estimate, emissions associated with full
buildout of the Precise Plan will be quantified and are assumed to be consistent with the buildout horizon year modeled
for the General Plan (additional phasing and/or opening year modeling scenarios would require a contract amendment).
Emissions will be modeled with CalEEMod and incorporated into the environmental analysis. The total increase in criteria
air pollutant emissions compared to the existing land uses will be compared to the BAAQMD significance thresholds.
iv. Biological Resources
Environmental Collaborative will be responsible for collecting the existing conditions for the biological resource section,
which will discuss potential impacts the General Plan and Downtown Precise Plan may have on existing biological
resources. These impacts include those on federal or state protected sensitive environments or special status species. In
the event that a potentia l significant impact is foreseen on existing biological resources, mitigation measure will be drafted
to reduce the impact to be as minimally significant as possible.
v. Historic and Cultural Resources (Non-Tribal)
Based on the existing condition information compiled for historic and cultural resources, TOA will assess the potential of
the General Plan Update to impact prehistoric, historical, or built environment cultural resources, including the potential
for buried resources. This will include a recap of the prehistory and history of the city and a review of local, State, and
federal laws regarding the treatment of cultural resources. Mitigation measures will be prescribed as appropriate.
vi. Energy
a) General Plan -GHG Emissions and Energy Use
PlaceWorks will incorporate the baseline inventory and 2020, 2030 and 2040 community forecasts being prepared for the
Climate Change Action Plan (CCAP) Update. If needed, PlaceWorks can adjust the emissions and energy forecasts be i ng
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developed for the CCAP update to ensure that (1) the emissions forecast for General Plan buildout is consistent with the
demographic projections for the City being developed for the General Plan, (2) it includes the Sphere of Influence (SOI};
and (3) is based on the updated vehicle miles traveled data for the General Plan being prepared by the City's traffic
consultant. PlaceWorks will coordinate with the CCAP consultant to obtain the activity data used for the baseline inventory
in order to avoid redundant work efforts. PlaceWorks has also included hours for assistance with GHG reductions for up to
four additional measures being considered for integration in the General Plan and/or CCAP.
b) Precise Plan -GHG Emissions and Energy Use
The BAAQMD CEQA Guidelines requires a project-level analysis of GHG emissions for a Precise Plan. PlaceWorks will
quantify emissions from the current and proposed land use designations based on the existing and planned land use
statistics (e.g., units and non-residential square feet) developed for the Precise Plan. Trip generation, vehicle miles
traveled, and reductions in trips and VMT provided by the City's Traffic Engineer will be incorporated into the model. For
the purpose of this scope and cost estimate, emissions associated with full buildout of the Precise Plan will be quantified
and are assumed to be consistent with the buildout horizon year modeled for the General Plan (additional phasing and/or
opening year modeling scenarios would require a contract amendment). Emissions will be modeled with CalEEMod in a
manner consistent with the GHG inventory and forecast update, and incorporated into the environmental analysis. The
total increase in GHG emissions compared to the existing land uses will be compared to the BAAQMD significance
thresholds.
vii. Geology and Soils
PlaceWorks will prepare the "Setting" section of the EIR, relying on the existing conditions data collected. It is expected
that geologic impacts may relate to seismic shaking, liquefaction, erosion, expansive soils, and subsidence. Potential
seismic impacts, including ground shaking, surface rupture, liquefaction, and landslides will be described, as well as
impacts to potential paleontological resources. Additionally, potential impacts related to geotechnical soil properties, such
as erosion, expansive soils, and subsidence will be described. PlaceWorks will review the draft General Plan policies
pertaining to geology, soils, and seismicity, and suggest revisions to these policies or new policies, if necessary, in order to
mitigate potential geotechnical impacts.
viii. Greenhouse Gas Emissions
Implementation of the City's General Plan Update and Downtown Precise Plan would be expected to increase GHG
emissions from energy use (natural gas and electricity}, transportation sources, water use and wastewater generation, and
solid waste disposal. The EIR will evaluate the impact from the change in GHG emissions in the City compared to CEQA
baseline conditions, pursuant to BAAQMD's thresholds.
The GHG section in the EIR will also discuss the City's commitment to reducing GHG emissions in accordance with the GHG
reduction goals of Assembly Bill 32 (AB 32} and Senate Bill 375 (SB 375}. Project consistency with the California Air
Resources Board's 2008 Scoping Plan and 2013 Scoping Plan Update and Plan Bay Area (as the region's SCS) will also be
reviewed.
ix. Hazards and Hazardous Materials
PlaceWorks will evaluate potential impacts assoc iated with the use of hazardous materials during construction and land
use operations. Potential impacts associated with development in areas with known or potential subsurface
contamination and associated with aviation hazards, wildland fires, and emergency response and evacuation procedures
will also be discussed. Potential public health and safety concerns in the city also may include demolition or renovation of
buildings containing hazardous materials, and the proper management of hazardous materials during construction and
land use operations. Mitigation measures will be described as appropriate.
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x. Hydrology and Water Quality
As part of this sub-task, PlaceWorks will analyze potenti al impacts related to flooding, hydrology, groundwater, and water
quality. Risks resulting from implementation of the proposed plans will be assessed for areas with a high flood risk, and
areas that may exacerbate downstream flood hazards and drainage issues. Other considerations will be accounted for
regarding risk of coastal floods, sea level rise, decrease of groundwater supplies, groundwater contamination, increases in
impervious surfaces and polluted runoff, and discharge of pollutants such as hydrocarbons and heavy metals. Special
attention will be given to the San Rafael Canal and the San Francisco Bay coastal regions. All mitigation measures proposed
as part of the General Plan update and the Downtown Precise Plan will comply with federal, State, regional, and local
regulations for water quality.
xi. Land Use and Planning
The land use and planning sub-task is meant to determine if the proposed General Plan or Downtown Precise Plan will
physically divide any existing community within San Rafael. Consistency between the proposed plans and exist i ng plans,
regulations, and local and regional laws will be checked to ensure there are no conflicts. Analysis of the proposed plans
will address significant changes to policies or mapping that may alter the land use and planning sections of the preexisting
General Plan used in the City. Secondary land use impacts from any proposed changes will be measures in association to
an increase in traffic, noise, and emissions, and policies will be introduced in this sub-task that will help mitigate these
effects.
xii. Mineral Resources
PlaceWorks will work to gather an up-to-date list of all known minera l resources within the City by using City staff records
and related documents. These known mineral sources will be compared to areas of the General Plan and Downtown
Precise Plan that may impact the integrity of these resources. This may include any proposed land use changes that would
disturb or extract any mineral resources. In the event that a land use change is expected to disturb a mineral resource,
mitigation measures will be included to reduce the effect.
xiii. Noise and Vibration
PlaceWorks will prepare the noise and vibration techn ical analyses to support the General Plan Update and Downtown
Precise Plan. The EIR will discuss relevant standards and criteria for noise exposure, including those in the General Plan
Noise Element and Municipal Code. The results of this analysis w il l be summarized in the EIR and modeling will be
provided in an Appendix.
a) Existing Noise Conditions
Noise PlaceWorks will identify major sources of noise in the City and document existing noise levels that will be used for
the General Plan and Downtown Precise Plan EIR. PlaceWorks will conduct a noise measurement field survey of the City to
acquire ambient noise level data. The ambient noise measurement survey will consist of up to 20 short-term (15-minute)
locations and 10 long-term (48-hour) locations. These locations will be selected by PlaceWorks, in coordination with City
staff, and will take into consideration the major roadways, railroad, San Rafael Airport, and stationary sources of noise.
The field data will provide baseline noise levels and will be used to supplement and validate traffic and rail modeling
conducted for the EIR.
b) On-Road Transportation Noise
PlaceWorks will model existing and future traffic noise levels using a version of the U.S. Federa l Highway Admin istration
(FHWA) Traffic Noise Model or Sound PLAN. PlaceWorks will develop noise contours based on the existing traffic data and
the future traffic forecasts. The noise contour map will identify areas along freeway and roadway segments that would be
exposed to noise increases above established significance criteria. Addit iona l ly, PlaceWorks wi l l also work w ith the City to
identify transportation-related noise thresholds that future discretionary projects can util ize to evaluate if traffic noise
increases of the project are significant.
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c) Airport Noise
The noise assessment will address airport noise. Noise contours from ai rcraft overflights w ill be based on public data
available from the City. No new airport noise mode li ng is proposed.
d) Rail Noise
PlaceWorks will identify potential noise impacts to noise-sensitive uses in the City from railways, including SMART.
e) Stationary Noise
PlaceWorks will analyze noise impacts from non-transportation sources such as major commercial/ industrial uses in terms
of potential impacts to nearby noise-sensitive receptors and the noise limitations identified within the City's Municipal
Code. PlaceWorks will also work with the City to identify stationary noise thresholds based on the City's Municipal Code
that future discretionary projects can utilize to evaluate if stationary noise impacts of the project are significant.
f) Construction Noise and Vibration
PlaceWorks will provide a qualitative analysis for potential construction impacts associated with buildout of the General
Plan. Future noise and vibration effects from construction activities will be discussed in terms of accepted standards from
the U.S. Federal Transit Administration (FTA}. Feasible mitigation measures will be identified to minimize future
construction-related noise within the City and SOI. Additionally, PlaceWorks will also work with the City to identify
construct ion-related noise and vibration thresholds that future discretionary projects can utilize to evaluate if construction
noise and vibration i mpacts of the project are significant.
xiv. Population and Housing
The City of San Rafae l is a key housing, transportation, and recreational area for Bay Area residents. San Rafael is the
prem iere economic, financial, cultural , and service center of the North Bay, offering a beautiful setting to live and work. As
such, the popu lat ion of the City is expected to continue to increase, and the demand on housing must do the same to
accommodate those wanting to live in such a dynamic City. The population and housing sub-task is a critical element of
the EIR that wil l provide support and justification for the amount of housing proposed in the General Plan and Downtown
Prec ise Plan, the main purpose of these plans being to facilitate a smart growth objective to reach population, housing,
and emp loyment goa ls.
This sub-task of the EIR wi ll focus on ensuring that the housing and employment opportunities proposed in the plans will
meet the goa ls set forth loca ll y and regionally, as well as addressing future imbalances between the jobs and housing
growth, commercial growth stimulating housing demand, and potential displacement.
xv. Public Services
PlaceWorks will use the existing public services conditions collected by City staff in Tasks 3 and 4 to complete an analysis
of the City as-is and in the future, accounting for changes proposed by each plan. Any concerns expressed by service
providers will be addressed and mitigated to the fullest extent possible. Secondary impacts associated with the
construction of new public facilities will be addressed, with mitigating policies and programs being identified when
needed.
xvi. Recreation
PlaceWorks staff will use City-collected parks and recreation data to determine the existing status and demand of parks.
Proposed population changes and housing distribution as part of the proposed plans will be compared to the existing
conditions to determine if additional park facilities are needed.
xvii. Transportation and Traffic
PlaceWorks is prepared to incorporate the transportation and traffic studies and existing conditions documented by the
transportation consultant into the EIR. San Rafael serves as a major transportation hub for those living and working in the
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city and elsewhere in the Bay Area. PlaceWorks will ensure the data collected, and any changes to the transportation
element of the General Plan and Downtown Precise Plan are adequate to address the transportation needs anticipated in
the future. Thresholds of significance will be based on a VMT model as required by SB 743, ensuring there are severa l
alternatives presented by the transportation consultant that will adequately represent the dynamic needs of the San
Rafael transportation system.
xviii. Tribal Cultural Resources
TOA will identify any tribal cultural resources within the City, as well as areas where there may potentia lly be tri bal cultural
resources that have not been documented. The types of resources documented will range from sites and sacred places, to
features and landscapes, and any object that may be of cultural value to a California Nat ive American tribe. As required by
AB 52, TOA will consult with Native American tribe representatives to ensure locations of proposed land use and planning
changes will not conflict with known or potential tribal cultural resources. Mitigation measures w il l be identified and
included as needed.
xix. Utilities and Service Systems
The utilities and service system sub-task will address any potential impacts the General Plan and Downtown Precise Plan
may have on water, water systems, wastewater, stormwater, drainage, electric power, natural gas, or telecommunication
facilities. Although the engineering consultant will have the lead role in collecting data and ana lyzing for this task,
PlaceWorks will ensure consistency with local regulations, and incorporate any needed discuss ion and mitigation
measures into the EIR.
5.5. Document Project Alternatives and CEQA-Required Conclusions and Findings
The PlaceWorks team will evaluate alternatives in the EIR that focus on citywide General Plan alternatives, w ith included
alternatives for the Downtown Precise Plan area. A "No Project" alternative wil l be included for both propose d plans,
while other alternatives will be produced through the planning process and various community engagement strategies
throughout the process, ensuring discussion of the benefits and drawbacks of each cited alternative. Additiona ll y, each
alternative will be consistent with the objectives outlined in the project description.
Cumulatively, the EIR will address the overall impacts and implications the projects may have on regional growth for Marin
County and the Bay Area as a whole. This analysis will consider the potential growth-inducing elements of each plan and
appropriate conclusions will be prepared to fulfill CEQA requirements related to unavoidable significant impacts,
significant irreversible changes, short and long-term productivity, and effects believed to be insignificant.
5.6. Prepare Summary of Impacts
A summary of all impacts will be included as a matrix which will briefly describe the level of impact the projects would
have on each CEQA topic. Mitigation measures will be noted in the table.
5.7. Produce Administrative Draft EIR
An Administrative Draft EIR will be prepared, and will include additional sections such as the List of Persons Contacted,
Bibliography, Technical Appendices, and a Table of Contents. The purpose of the Admin istrative Draft EI R is to give City
staff a chance to review and comment, circulating the document to all relevant City staff, and comp i ling a list of comments
for PlaceWorks to revise.
5.8. Revise Administrative Draft and Produce Screencheck Draft EIR
Once staff comments have been received, PlaceWorks will revise the EIR to reflect comments and concerns expressed on
the Administrative Draft. A Screencheck Draft will be prepared as a second copy in which City staff will once again review
and provide red lined comments and revise formatting.
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5.9. Publish Draft EIR and Prepare Notices
Revisions to the Screencheck Draft will be incorporated by PlaceWorks to prepare an official Draft EIR to be circulated for
public review and comment. The revised document will be known as the Public Review Draft EIR (DEIR). PlaceWorks will
provide City staff with 25 hard-copies of the DEIR, as well as a PDF version for easy access online.
PlaceWorks will complete a Notice of Completion, and send 15 copies of the DEIR to the State Clearinghouse, which will
begin the publ ic review period. Other responsible agencies will be notified of the availability of the DEIR and contacts
listed on the project mailing list will be notified of the document's availability.
Task 6. Prepare Final EIR
After the close of the public review period, PlaceWorks will revise the EIR to incorporate comments into what will
constitute the Final EIR.
6.1. Prepare Documents
As per CEQA guidelines, the public review period shall be open for a minimum of 45-days. Comments will be annotated
and entered into a spreadsheet as they are received, and will be scanned and organized as they are received. A min i mum
of one Planning Commission hearing should take place before the conclusion of the public review period.
Once the public review period has ended, PlaceWorks will prepare a Response to Comments, collaborating with other
related consultants to ensure all public comments are addressed in the respective plans they are related to. Pl aceWorks is
prepared to lead the effort in responding to public comments and delegating the information to City staff and other
project team members.
The Final EIR will include a compilation of the public comments received, as well as any clarifications or corrections
expressed in the DEIR phase. The Final EIR w il l also include the Mitigation and Monitoring Reporting Program, a Statement
of Overriding Cons iderations, and the overall Findings of the EIR. A Screencheck Draft of the Final EIR will be provided to
City staff for fina l revisions. Once revisions are completed, PlaceWorks will prepare a Notice of Determination for
signature by the City, and will file in both the County Clerk office and the State Clearinghouse.
6.2. Public Hearings
After the Final EIR has been released, PlaceWorks will attend one public hearing of the Planning Commission as part of the
Plan adoption and the EIR Certification process. PlaceWorks is available to attend any additional public hearings that may
be necessary.
Additionally, PlaceWorks will attend up to two noticed public hearings of the City Council in which the Council will consider
the recommendation made by the Planning Commission to adopt the proposed plan and EIR. PlaceWorks is prepared to
prepare supplemental responses to comments made by the Planning Commission, and is available to assist City staff in the
presentation and answering Council questions regarding the EIR. Editing of the Final EIR per Council directions will be
completed if necessary.
Task 7. General Plan Mapping Support
1. Prepare General Plan Maps
PlaceWorks staff will prepare miscellaneous maps for the General Plan, as directed by City staff and consultant.
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Task 8. Project Management and Administration
8.1. Work Progress Meetings
To ensure the projects stays on-time and on-budget, PlaceWorks will coord i nate and attend regular project management
and work progress meetings. Depending on ease and availability, these meetings may be held in person or as a conference
call.
8.2. Project Management
PlaceWorks staff will attend regular project management and work progress meetings as directed. We will work with our
subcontractors, to regulate quality assurance and control, and maintain email correspondence and communication with
members of the project team, whenever needed.
8.3. Meeting Reserve
PlaceWorks will attend additional meetings, at the direction of City staff and consultant.
COSTS
A detailed cost estimate is attached as Table A, and the 2019 Standard Fee Schedule is shown in Table 1. We recommend
including a contingency fee, to only be used with authorization of the City Manager.
TABLE 1 PLACEWORKS-2019 STANDARD FEE SCHEDULE
STAFF LEVEL
Principal
Associate Principa l
Senior Associate/Senior Scientist
Associate/Scientist
Project Planner/Project Scientist
Planner/Assistant Scient ist
Graphics Spec i alist
Clerical/Word Processing
Intern
Notes: Other di rect costs and subconsu ltants are billed at cost p lus 10%.
M il eage re i mbursement rate is the standard IRS -approved rate.
PLACEWORKS
HOURLY BILL RATE
$200-$300
$180-$215
$150-$185
$115-$155
$95-$125
$80-$100
$60-$130
$40-$115
$55-$75
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ASSUMPTIONS
This scope of work and cost estimate assumes that:
■ Billing rates for this project are guaranteed through December 2020. Billing rates would be subject to an increase of
up to 6 percent on January 1, 2021, and in each subsequent year thereafter. A budget increase would be necessary to
cover costs incurred after January 1, 2021.
■ PlaceWorks will send an invoice for work completed each month. The invoice will show hours worked by labor
category, billing rate, and total by labor category plus subconsultants and reimbursable expenses. Special invoicing
requirements may necessitate an additional fee.
■ All products will be submitted to the City of San Rafael in electronic format (Word and PDF). PlaceWorks will bill at
our actual cost.
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[EXH~Bn A=2:
[ENG~NIE!E~~NG SIE~V~C[ES SCO?IE Of WORK AND
COSl
Th is exh ibit descri bes the scope of services and products for the Engineering Services supporti ng both the General Pl an
Update and Downtown Precise Plan to be conducted by PlaceWorks for the City of San Rafae l. Th is summari zed scope is
based on the detailed scope provided by the City of San Rafael in the Request for Proposa ls (RFP ) Appendix A, Scope 3:
Engineering Services.
SCOPE OF SERVICES
Task 1. Reco nna issanc e
PlaceWorks wil l determine the da t a needs, resources, and identify points of contact with City staff and public agencies.
This task also includes review of project-related documents, including the 2020 General Plan, Marin Municipal Water
District's (MMWD) 2015 Urban Water Management Plan, MMWD Draft Water Resources Plan 2040, and other plans and
programs to support utility and infrastructure analyses. PlaceWorks will attend initial meetings with City Staff, review
documents, and initiate public agency data requests and interviews.
Task 2. Participation in Community Engagement Program
PlaceWorks staff will attend one (1) meeting of the General Plan Steering Committee, and at one (1) community-wide
workshop. The PlaceWorks team has included a reserve of 22 hours (Task 6.2) to attend unanticipated public stakeholder
meeti ngs.
Task 3. Data Co ll ection and Analysis to Support General Plan and EIR "Setting"
3. 1 Citywide Analysis
PlaceWorks w il l work w ith City staff in the Planning Division and Public Works Department to prepare a "Wh ite Paper" on
the uti lity infrastructure in San Rafael. The White Paper would incorporate i nformation co ll ected through research and
direct interviews with service providers, including the San Rafael San itary District, MMWD, and PG&E, among others. The
util ity systems to be addressed include water, wastewater, storm dra i nage, and private ly-operated services such as
electric, gas, and telecommunication.
For each topic above, PlaceWorks will focus on constraints or deficiencies that may impact land use and env i ronmental
policies, and the status (and funding) of any plans to expand, adapt or rebuild fac ilities. Impacts associated w ith new
technologies and sea leve l rise will be addressed, as well as issues related to capital improvements, and operations and
maintenance costs.
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The scope assumes no field work, facility evaluations, or modeling relating to the adequacy of individual systems and will
rely primarily on information provided by the service providers through interviews, correspondence, systems master
plans, and technical reports.
3.2 Downtown Precise Plan Analysis
PlaceWorks will prepare an Infrastructure Profile for Downtown San Rafael. This will supplement the citywide analysis to
be completed for the General Plan (Task 3.1), and also provide the "Environmental Setting" content for the EIR discussion
of Downtown utilities.
The Infrastructure Profile will describe water, sanitary sewer, storm drainage, and other utility facilities (gas, electric,
cable, telecommunication) in the Downtown area. Key improvement needs will be noted, including a summary of existing
planned or proposed capital improvement projects. Issues affecting future maintenance and operation costs, such as
flooding, infrastructure age and condition, and technology will be highlighted. The suitability of land for development and
particular uses (based on available utilities) will be addressed, and Downtown infrastructure strategies will be identified
that support the City's climate action goals.
Deliverable(s):
■ White Paper: Citywide Analysis
■ White Paper: Infrastructure Profile far Dawn town Precise Plan
Task 4. Evaluation of Growth Impacts on Utilities
PlaceWorks w ill ass ist the project team in the development of land use alternatives, including potential utility and
infrastructure constraints to different deve lopment scenarios or opti ons for specific sites, neighborh oo ds, or districts of
the city. Once a Draft Land Use Map has been developed and sub -area projections fina lized, PlaceWorks will evaluate
future needs for infrastructure to support preparation of the Utilities and Services Systems section of the EIR and the
General Plan Infrastructure El ement, which will be authored by City staff. Consideration would be given to the adequacy of
existing supplies, the need for add itional facilities, and consideration of sea level rise and fl ood control protection.
Task 5. Participate in Drafting General Plan Infrastructure Element and EIR Utilities
Chapter
PlaceWorks will prepare the Utilities and Services Systems section of the General Plan and Precise Plan EIR, including
documentation of impacts and mitigation measures. Additionally, PlaceWorks will assist City staff in developing policies
and action programs, review ing draft documents, and providing guidance on issues such as emerging technologies and
resilience for the Infrastructure Element of the General Plan (to be authored by City staff).
Task 6. Plan Adoption
6. 1 Response to Comments
PlaceWorks will prepare responses to EIR comments directly relating to utilities and coordinate with team members on
other EIR comments which may indirectly relate to infrastructure.
• PLACEWORKS 2
JANUARY 4, 2019
CITY OF SAN RAFAEL
SAN RAFAEL GENERAL PLAN 2040 TECHNICAL SUPPORT: PROGRAM EIR ENGINEERING SERVICES
EXHIBIT A: SCOPE OF WORK AND COSTS
6.2 Public Hearings
It is not anticipated the PlaceWorks Engineers will need to attend public hearings for Plan Adoption. However, PlaceWorks
team has included a reserve of 22 hours to attend unanticipated public stakeholder meetings (as mentioned in Task 1) if
spec ific issues relating to infrastructure need to be addressed at the hearings.
Task 7. Project Management and Administration
PlaceWorks' Engineers will attend periodic project management and work progress meetings, either by conference cal l or
in person. This task includes time for general email correspondence and communication with members of the project
team.
COSTS
A detailed cost estimate is attached as Table A, and the 2019 Standard Fee Schedule is shown in Table 1.
TABLE 1 PLACEWORKS-2019 STANDARD FEE SCHEDULE
STAFF LEVEL
Principal
Associate Princ ipal
Senior Associate/Senior Scientist
Associate/Scient ist
Project Planner/Project Scientist
Planner/Assistant Scientist
Graphics Specialist
Clerical/Word Processing
Intern
Notes: Other d irect costs and subconsultants are billed at cost plus 10%.
Mileage re imbursement rate is the standard IRS-approved rate.
PLACEWORKS
HOURLY BIL L RATE
$200-$300
$180-$215
$150-$185
$115-$155
$95-$125
$80-$100
$60-$130
$40-$115
$55-$75
3
JANUARY 4, 2019
;;v.i i'l-1.::~~,·,,:l:i rt•c::. Table A-Cost Proposal-EIR to Exhibit A-1
San lo!oel General l'lon :?O<:O kc:hnic:cl ~uppc,!: Pre)(Jram BR
COST PIOPOSA1
Table A-Cost Pi'oposa TKhnlul Graphics/ TECH. WP/ TCA ~:i::·::1 i Hoack MtCrukcn .... Vmnlllon Pfanncmtlel Cam11n MHI 1111h V1n1 "''~ Wi.tn,n ..... , ... WIiton M1ppln1 Cknd1nln1 EDITOR °"""" Anodate Senlar Aubbnt HRA/ , ... PlaR:Worb ""' '" PM ,....,., AltQui.llty Auodatf Noll• PM Hydra .. Aiudi.ti A11oc:latf Nol11 Pli.nner lntfm Pl1t1Worb "'"""' Pli.CIWorkl Cllltur1I llolcl11A 1 Subc:onsulbnt Subcontuttant Total
Hourly Rate:! _sno s ... Sm $19S S1'0 SUD $170 sw sw __}1~-s~s~ __ s11•---~swa_._s~ _sw _sw Ho11n hp!IRIH Total Rnouru, Rnouru1 Mukup -12 -I 1 " SW S~lill 17D ,1 S17 ,I S117
TltkL511btotal ' u ' ' ' I ' 0 0 . ' SU! Sl1Uill $170 So l Sn sm ------2.1 SIHMI Co mm1nn MHll",11 (41 I " SUI $5,91&! 0 --ai ___ so--·-.,---u.su
2.2Commum!y_Worl.shoinl~ ll 1) ,. sn SJ.7lll D s:L so " $3,7ll
Tll~2.5UbtDbl a ,. a 0 0 0 0 0 0 0 0 0 0 20 0 0 0 ,r " Sin -_!!"1..sc,1 --s, -so so SU49
Ii--..,;,,;.
..,_--~~-_j;C;}~"f ------
l.1 PIIINII tlltul'lll llnourcn ln'tl'ntory Maps and Repo,u ,---. -,r 11 $!2 s ... 2r ,--1.2111-i--sn, 51,911--sio,m
3.2 Ptep1teEnl1ronmenUIH,r1,UM1ps1nd Rfp art 2 . 16 " • J2 • " . ., .,. S541 $27,5711 0 0 $0 " $27,571
3.3 Prep1reA1r1n::IW111rQ.1,1~1yR1port 2 I I 1 " s102 s~'::I 0 :1 $0 " $5,222
3.• Prep.arellouR,pcrt " .. 30 142 5401 0 $0 " $20,411
l.5 Pre p.a reSuno1,11o1 bollly,Ene rrt,111d(ireenh0111'GnRtport I . .. "" SJM SU,5141 0 ,1 so " SU,514
l.6 Prep1teCuil:lr1lllnourtesRep0rt 1 . 1 ' SU $1,WI '·"' $1.2:I ,.,, $4,422 $5,605
T11kl.Sulrtatal u .. .. • ,. " 21 I 0 .. • " w I " .. 0 21 Sl,SQJ $7&.DJ ~.ma $1,UI SU,COI Sl!,041
c::::: '·:ttt ' +z :: ten:IF) -~ --,-
1fil--3~ Gener1tPl.lnAlttm1t1ve11ndTntu~-I 16 2 " ' 2 " .. $215 $1D,955f-0 _,, ___ $_10,955
TnkC.Sulrtatal I 1i 0 0 0 2 11 2 2 2 ' 0 0 1i 0 ' 0 0 .. ·szu -siii~?ss -s-, -so $10,955
~,r::::e 1'-'Ct' ------~ ~ --~ ------,-:T -S.11lot1e1olPrepuo111on11\11Scap11'1Sn1 10n . . 11 S'7 $1,427 so so $1,427
5.2 ConlirmThrnl\ol.d1olS111ni1"1Co1nca I 16 ,. ... S•.m 0 so " 54'71
5.3 Pr1 p.a r1ElAln1roductlOn111l1Pro1«tDncnpt1011 1 . a m • • I 25J S599 s111.sul 0 01 so " $JD,5J9
5 4 Drat! Settlfll, lmpacll, 111d M1 bfi ll10n Mu1u1n forCEW. Topia "' " 120 " " '"' ., 16 511 .. ,.. SU.2301 2,300 5,1! s,sa SI.DID SK.2a:t
5.5 ProJKIAll!o 1ndCEQA•R1qu11edCondinD!S1ndF~,f111 . 32 ., "' 1,0 5412 $22.0!21 0 so " $22,0Sl
5.6 Prep111Summ1r,,cllmp1ni 1 2 • 12 21 ,., SJ.a,ol 0 so " $3,070
5.7 Produc:eAdmin,nro11iv1Dr.ilt(IR • 20 ., .. 211 .,., S11.540I 0 ol so " $11,340
5.1 R1Y111Adm,nDr1it1ndProduceSereend,eekDr1!1EIR . 12 16 .. SW SlD.an i 0 DI so " $10,071
5.9Pubt11hDro1ftEIR/DEIR)1ndPrepueNollcn 2 . . " .• su sfu~I 0 •I so " SJ.2ll
T11kS,Subtatlll .. 151 0 " 16 52 2n 0 ' 17 0 " 211 m 52 ' .. ol 1,m SJ,'°7 $2,JOD $5,IXIOL sm $1,0lD $111,967
_ ___;,,.l. ------------
6.1 Prep.areDoa,mel\l!. -" .. .. -"" . " 20, ~.164 1 "' --JS,j --,,,--s,,,---$40,734
6.JPutloc:Hnnngs 12 16 ., __ s_w $7.011 0 ,, so " 57,011
Tuk&.Subtvbl ,. 52 0 0 0 0 .. 0 0 0 a ' 0 UI-I a 16 ,, ,., sou -sq;,,u SJ40 Um l s1o sno $47,752
.... ___. -~ ~ ::::i::=.::.::: ----
l .1Pr~re(iener,1IPllnM~ 1?1 127 J 154 _lW54 0 ~f----so _so ___ s~54
Tak7.SUbt:otal ' 0 0 0 0 0 0 0 0 0 ' 0 0 0 U7 0 0 D U7 $Z54 SU,95-4 so -so so Sll,154
~1,i ' r> -. --------~ ------~--
l.1Wo1kProa;rn1l.1erlinp ,. ., .,;;-.. "' .... $25,010 0 :T so " $:l5,01D
11.J Prq1ttLl1n11emenl 21 " .. 151 SSH $30,J!I& 0 so " $!0,3!1&
l.3t.1eeun11tnr1"111 30 "' " "" 5451 .,,..,. 0 ol so .s, "'-'" Taki.Subtotal 12 1IO 0 0 ' 0 .. 0 0 0 0 0 0 1,0 0 0 0 0 ... SLW $15,IDl so _!91_ so so -~~~
LabarHaut"ITatal 111 "' .. .. 104 ... .. .. .. , ... "' m .. " 2 , ....
UbarDobr1TotaJ !!!,910 Sl!zZOO suoo $7,215 171600 Su.no S7UJD $1,650 sno SlUlD Sm SU.075 $J9,790 $7L750 S22."' SL"' "·"" S250 s■.m $4lJ,D7J S6.ll0 Sl21'2o $Z!t!95 $45-41-461 ,. ' '
P11aWorh Rrirnburuble &:pen1n $1.492
Submmul~nl!.' R11mbur11ble E:rpenses
EXPEffiDTOTA°L -------,,
$ -t!fZ
10%COIHINGEIICY '"
PLACEWORKS
The PloceWorks Team Table A-Cost Proposal-Engineering Services to Exhibit A-2
San Rafael General Plan 2040 Technical Support: Program EIR
TABLE A: COST PROPOSAL -ENGINEERING SERVICES
r----
Hourly Rate:j
1.2 Document Review
1.3 Agency Requests and Interviews
Task 1. Subtotal I
iW:tJ,G@lt;!@:!;t®lli@Milii\J!'iffi'2l®fmjnrui,@•1i;@
2.1 Steenng Committee Meeting {1)
2.2 Community Workshop (1)
2.3 Add1t1onal Pubhc Meeting Reserve (inc luded m Task 6 .2)
Task 2. Subtotal
Noack
PIC
$230
itJ:i;<k£L®® 9;11®@.ID.;mjgjlwt,:ri:¢"il@i®IL!@jmiGj§lilff1ii!if:i
3.1 Citywide Analysis
3 .2 Downtown Analysis -Precise Plan Infrastructure
Task 3. Subtotal
McCracken
Associate
Principal
$190
0
0
0
PLACEWORKS
Fitzgerald
Principal
Engineer
$230
0
0
8
4
0 ---12
El
Bush Chammas
Senior
Engineer-PM
$165
8
14
8-
8
4
Project
Scientist
$115
16
16
40
20
Wilson
Staff
Planner
I Place Works
PlaceWorks 2% Office Place Works
$105 -~~ --~,_.:penses Total
16 1
16]
~
3
22
24
49
4
8
0
12
56
28
$10 $505
$61 $3,086
$60 $3,060
$131 ~651
-
$13 $673
$22 $1,102
$0 $0
$35 --$1,775
$155 -$7,915
$78 $3,958
~ ~ ____Q_[ 84 $233 -$11,873 ----
4 5 $18 $908
Total
$505
$3,086
$3,060
$6,651
$673
$1,102
$0
$1,775
$7,915
$3,958
$11,873
$908
I I 12 $45 $2,285 $2,285 12 $45 $2,285
2 o ol 11 $63 $3,193 _ $3,193 -ii 17 $63 $3,193
iW3iw!tii.!lil®t$EJi~t:Iii1m,Em..·•y@!1@.m11Q,iicJW,•10@UP -------------------------.-
$117 -ss:967 $5,967
$1,744
$1,612
$9,323
s.1 EIR Utilities Sections of the General Plan/Precise Plan
5.2 EIR Section Revisions {Admin Draft/Screencheck Draft)
5.3 Assist with Infrastructure Element Development
~ffi®4$:lU:$
6.1 Response to Comments
6.2 Public Hearings (,nclu_cj_ed ,n Task 2.3)
i@Wi/hiiJ@.!.till$•@uWDi.illfill.'!!ttl@:!@i@i
7.1 Work Progress Meetmgs
7.2 Team Com munrcations
Task 5. Subtotal
Task 6. Subtotal L
Task 7. Subtotal
Labor Hours Total
Labar Dollars Total
uc~Works Percent of Total Labor
PlaceWorks Reimbursable Expenses
Subconsultants' Reimbursable Expenses
EXPENSES TOTAL
0
0
0
0
$0
0'' ,.
0
0
6
6
$1,140
21,
4 12
0
38
$8.740
140:i,
4
8
20
20
6
6
12
86
$14.190
3 1%
40
4
44 0
8 I
8 :_qt
0 O_L
128 20
$14.720 $2,100
46% 1~•
46
10 $34
8 $32
64 $183
12 $37
22 $75 -34 ___ $112
9 $31
9 $31
18 $62
278
$819
$1,744
$1,612
$9,323
$1,877
$3,835
$5,712
$1,591
$1,591
$3,182
$41,709
$1,877
$3,835 ss:r12
$1,591
$1,591
$3,182
$41,709
$0
$0
$0
GRAND TOTAL $41,709
PLACEWORKS
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development
Project Manager: Ethan Guy
Extension: x2392
Contractor Name: PlaceWorks, Inc.
Contractor's Contact: Steve Noack
Contact's Email: snoack@placeworks.com
D FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Wo r d) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Proje ct Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA > $75,000 ; or Pu rc ha s e > $75,000; or
Pu blic Wo rks Co ntract > $175,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, reta i ns original agreement and
forwards copies to Project Manager
COMPLETED
DAT E
1/4/2019
1/4/2019
1/8/2019
1/8/2019
1/10/2019
□ N/A
Or
1/22/2019
\ I Z.B) l'i ,
l I 'J.!rh 'I . -
1/,i,q/1~ . ' /-'!>{-/1
\ ) ~\ I I ll
REVIEWER
Check/Initial
[g]
EBG
[g]
[g] LG
[g] LG
[gj EBG
[gj EBG
£-t~
~
i&
'~ ~.~
Page 1 of 2
RESOLUTION NO. 14628
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
OPTICOS DESIGN, INC. TO SERVE AS GENERAL PLAN COMMUNITY DESIGN AND
DOWNTOWN PRECISE PLAN TECHNICAL CONSULTANT FOR THE GENERAL PLAN
2040, WITH A TWO-YEAR TERM AND TWO OPTIONAL ONE-YEAR EXTENSIONS FOR A
TOTAL CONTRACT AMOUNT UP TO $493,500.
(Term of Agreement: from January 22, 2019 to January 22, 2021)
WHEREAS, on March 5, 2018, the City Council adopted Resolution No. 14478, which
initiated the preparation of General Plan 2040 and accepted the Final Work Program; and
WHEREAS, on August 9, 2018, the City issued a competitive Request for Proposals for
General Plan 2040 Technical Support and Downtown Precise Plan; and
WHEREAS, a selection committee comprised of staff and a General Plan 2040 Steering
Committee member was formed to review submitted proposals; and
WHEREAS, the City received five proposals on or before the September 5th, 2018 filing
deadline for the Community Design and Downtown Precise Plan scope for General Plan 2040
Technical Support; and
WHEREAS, the selection committee conducted a thorough and objective review of the
received Community Design and Downtown Precise Plan scope proposals and interviewed three
applicants on November 14, 2018 and November 16, 2018; and
WHEREAS, the selection committee recommended the proposal submitted by Opticos Design,
Inc. as the most responsive to the City’s requirements after consideration of both the review of
Community Design and Downtown Precise Plan scope proposal and in-person interview; and
WHEREAS, the City does not have existing staff persons dedicated to long range planning
efforts or the staffing capacity amongst exiting staff to conduct an Community Design and Downtown
Precise Plan for the General Plan 2040; and
WHEREAS, the City was awarded grant funding from the Metropolitan Transportation
Commission to provide financial support for the creation of a Downtown Precise plan as part of this
contract; and;
WHEREAS, the City has sufficient funds in the General Plan Special Revenue Fund #218 to
be appropriated for FY18/19 to support this contract for the duration of the contract; and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
hereby authorizes as follows:
1.An amount of $161,872 shall be appropriated for FY18/19 from the General Plan Special
Revenue Fund #218.
Page 2 of 2
2.The City Manager to sign the Professional Services Agreement with Opticos Design, Inc.
attached hereto as Exhibit 1, subject to final approval as to form by the City Attorney, for
services as General Plan Community Design and Downtown Precise Plan Consultant for the
San Rafael General Plan 2040 Update project, with a Term of January 22, 2019 to January 22,
2021, with up to two optional one (1) year extensions, for a total base contract amount up to
$470,000 and an additional five (5) percent of the total base contract, or $23,500, available
upon approval of the City Manager for a total contract amount not to exceed $493,500.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on
Tuesday, the 22nd day of January 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: McCullough
______________________________
LINDSAY LARA, City Clerk
Exhibit 1: Professional Services Agreement between City of San Rafael and
Opticos Design, INC.,
Exhibit A to Exhibit 1 San Rafael General Plan 2040 – Community Design and Downtown
Precise Plan Technical Consultant Scope of Work for Opticos Design,
Inc., January 22, 2019.
AGREEMENT FOR PROFESSIONAL SERVICES
FOR GENERAL PLAN 2040 COMMUNITY DESIGN AND DOWNTOWN PRECISE
PLAN TECIDNCAL CONSUL TING SERVICES
This Agreement is made and entered into this _3_L day of ja_nu 0. Y-).j , 2019, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and OPTICOS DESIGN, INC.
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, on March 5, 2018, CITY'S City Council adopted Resolution No. 14478,
which accepted the Final Work Program and initiated the preparation of General Plan 2040; and
WHEREAS, the CITY does not have existing staff persons dedicated to long range
planning efforts or the staffing capacity amongst existing staff to prepare Community Design and
Downtown Precise Plan for the General Plan 2040, and CONTRACTOR has the expertise to do
so;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. Barry Miller is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress
and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Stefan Pellegrini is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR
shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide technical services for the General
Plan 2040, as generally specified in the "San Rafael General Plan 2040: Community Design +
Downtown Precise Plan-Scope of Services", attached hereto as Exhibit "A" and incorporated herein
by reference.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Section 4 of this Agreement. CITY shall
also provide a work space for CONTRACTOR, background information, oversight and direction,
network computer access and other materials necessary for CONTRACTOR to perform their duties.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall pay
CONTRACTOR as follows:
1. For the services set forth in Exhibit A, CITY shall pay CONTRACTOR a Total Base
Contract Amount of $470,000 allocated as follows:
a. For the Downtown Precise Plan, CITY shall pay CONTRACTOR on a flat fee
basis as set forth in "Table A-Cost Proposal-Downtown Precise Plan" included
in Exhibit A, in an amount not to exceed $410,000; and
b. For the Community Design Support, CITY shall pay CONTRACTOR on a flat
fee basis as set forth in "Table B-Cost Proposal-Community Design Support"
included in Exhibit A, in an amount not to exceed $60,000.
2. Additional compensation not to exceed five percent (5%) of the Total Base Contract
Amount, or $23,500, may be paid upon approval of the City Manager. In no event shall
the compensation payable to CONTRACTOR under this Agreement exceed $493,500.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 2 year(s) commencing on approval of this contract
and ending on January 22 nd , 2021. Upon mutual agreement of the parties, and subject to the approval
of the City Manager the term of this Agreement may be extended for two additional periods of up to
one year each.
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.
2
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The Final Deliverables prepared by the CONTRACTOR in connection with the performance
of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property
for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, if any, non-owned, and hired vehicles)
insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
3
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and non contributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as
ISO form CG20 010413.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
4
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONTRACTOR under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof oflnsurance. CONTRACTOR shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIM S"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
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B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perfonn all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
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 via email or in writing and given by personal
6
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, if emailed,
upon the date sent, or if mailed, upon the date of deposit with the United States Postal Service. Notice
shall be given as follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Barry Miller
City of San Rafael
1400 Fifth A venue
P.O. Box 151560
San Rafael, CA 94915-1560
Stefan Pellegrini
Opticos Design, Inc.
2100 Milvia St., Suite 125
Berkeley, CA 94704
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT --AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
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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 tern1, 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, perfonnance, 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.
21. CITY BUSINESS LICENSE/ OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. Counterpart signature
pages may be delivered by telecopier, email or other means of electronic transmission.
8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
J
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
9
CONTRACTOR
Iii 1 ·, Digitally signed by
,' '11' ir:·I, ,•) Stefan Pellegrini
Date: 2019.01.1 S
By:_ ~ ' __ 16_:4_2:_57_-_os_·o_o_' __
Name: Stefan Pellegrini
Title: Vice President
[If Contractor is a corporation, add signature of second
corporate officer]
Digitally signed by Dan Parolek Dan Parolek Date:2019.01.1516:50:02
By: -oa·oo'
Name: Dan Parolek
Title: President
EXHIBIT A
San Rafael General Plan 2040: Community Design+ Downtown Precise
Plan
San Rafael, CA
Scope of Services: General Plan 2040 Community Design support
(Service Category 5 per the City's RFP)
Cost: Not to exceed $60,000
Task 1: Site Reconnaissance and Kick-Off Meeting
Purpose: The Opticos team will attend a Kick-off Meeting and a Site Reconnaissance Tour
with key City staff, members of the General Plan 2040 Steering Committee, representatives
of major stakeholder groups and other parties identified by the City, to initiate the project
and establish a working knowledge of all relevant information. This task would also include
discussion with City staff to finalize project objectives, tasks, and schedule; and establish
protocols for sharing information, coordinating on project tasks and communication.
Deliverables from Opticos Team:
• Organize and participate in a Kick-off Meeting with key City staff
• Organize and participate in a Site Reconnaissance Tour with key City staff
• Finalized Project Schedule and list of tasks and deliverables
Task 2: Participation in Community Engagement Program
Purpose: To get an in-depth understanding of community issues, priorities and concerns,
Opticos will participate in two meetings of the General Plan Steering Committee and three
Community Workshops. As recommended by the RFP, Opticos is also reserving a total of 30
additional hours in our budget to allow for participation in future meetings and workshops
as needed, over the next two years.
Deliverables from Opticos Team:
• Participate in two meetings of the General Plan Steering Committee
• Participate in three Community Workshops, including meeting and/or presentation
materials if required
Task 3: Assess Existing Community Design Conditions
Purpose: Opticos will collaborate with City staff in compiling existing baseline data in a
Macroscale Study that will form the basis for the Community Design Element of the General
Plan 2040. The Macroscale Study can be used to inform General Plan elements relating to
Community Design, including community character, open space, and historic preservation.
As part of this process, City staff will summarize existing design guidelines, policies, and
design review processes; as well as documentation of public realm policies and civic
beautification initiatives (such as tree planting, gateway improvements, undergrounding of
utilities, street lighting and landscaping). The key role of Opticos in this effort will be to
objectively evaluate the effectiveness of existing policies, processes and guidelines, using as
a reference the "expectations for good design" resource prepared in 2017 by a group of
local design professionals. The Macroscale Study will rely on analytical maps and other
graphic techniques to summarize the base information and convey design ideas including
community, district, and neighborhood form and character, natural landforms, features,
and topography, and street and block patterns.
Opticos will provide guidance to the City staff on design issues related to Community
Design with the intent of ensuring that the General Plan is responsive to the City's design
objectives and best practices. This work is anticipated to include commentary and guidance
on design standards for private and public realm development, including guidance to
address community concerns regarding building heights, massing, and density.
Opticos will be available to support City staff in meetings and/or workshops with the
General Plan Steering Committee, Design Review Board, Planning Commission, City
Council, and stakeholder meetings with local architects, landscape architects, and urban
design professionals.
Opticos will also assist City staff in online community engagement, using tools such as
visual preference surveys and online questionnaires to gather input from the larger
community. Opticos' key role in this effort will be providing materials and support for the
online tools. Opticos will also develop and participate in a Community Workshop focused
on issues related to density, design, and the character of future development.
Deliverables from Opticos Team:
• Background information and GIS data request
• Macroscale Study of existing physical conditions and regulatory situation
• Evaluate the effectiveness of existing policies and guidelines and provide
recommendations
• Provide materials and support for community engagement tools
• Participate in a Community Workshop, including workshop materials and a
summary of the workshop results
Task 4: Participate in General Plan Policy Development and Production
Purpose: Opticos will assist City staff in the development of the Community Design
Element of the General Plan 2040. This task will involve reviewing and evaluating existing
General Plan policies, development standards and other aspects of the General Plan related
to Community Design (such as land use, transportation, housing, historic preservation, etc);
recommending changes, and developing new standards and accompanying policies that tie
in with the future General Plan vision.
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Deliverables from Opticos Team:
• Evaluation of existing standards and policies related to Community Design
• Assist City staff in developing new policies and/or standards
• Assist City staff in developing General Plan guidelines and diagrams
Task 5: Project Management and Administration
Purpose: Regular coordination with the City's project manager and consultants as needed,
to ensure efficient work flow and timely deliverables.
3
Deliverables from Opticos Team:
• Teleconferences and/or in-person progress meetings with City staff and other
groups as required
• Regular email coordination on project tasks and work progress with the City's
project manager
Scope of services: Downtown Precise Plan
(Service Category 7 per the City's RFP)
Cost: Not to exceed $410,000
Task 1: Site Reconnaissance, Kick-Off Meeting and Review of Background Data
Purpose: To initiate the project and establish a working knowledge of all relevant
information. This task would include kick-off meetings with City staff to discuss project
objectives, tasks, and schedule; and establish protocols for sharing information,
coordinating on project tasks and communication. This task would also include a review of
existing background information, creating a set of base maps and finalizing the Precise Plan
study area boundary.
Deliverables from Opticos Team:
■
■
■
■
Organize and participate in kick-off meetings ( up to four over the course of a
day) with key City staff representing the Community Development, Economic
Development, Public Works, and Community Services Departments and the City
Manager's Office. Opticos would prefer to combine these meetings into one visit if
possible, to get everyone on the same page and for more effective feedback and
discussion representing all viewpoints
Finalized Project Schedule and List of Tasks and Deliverables
Background Info and GIS Request Memo
Project Area base maps with finalized Precise Plan study area boundary
Task 2: Community Engagement
Purpose: To develop a collaborative and inclusive community engagement process that
would result in a feasible plan with community and stakeholder support.
Opticos and Plan to Place will collaborate to prepare the Community Engagement Strategy
to highlight a range of accessible platforms designed to engage and give a voice to
community groups typically under-represented in the planning process. The engagement
strategy will build upon the strategy prepared for the General Plan update and will identify
outreach tools and activities and the timing and responsibilities related to each. The
strategy will help guide the outreach efforts but remain flexible to evolve through the
planning process.
Key components of the Community Engagement Strategy will be:
General Plan 2040 Steering Committee Meetings
The Opticos team will facilitate and attend five meetings of the General Plan and Downtown
Precise Plan Steering Committee (Steering Committee). These would include two meetings
in which Downtown will be the main focus, with Visioning and Downtown Profile as the
suggested themes. Opticos will also participate in three other Steering Committee meetings
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in which Downtown would be one of the agenda items. Suggested themes for these three
meetings are Historic Resources, Downtown Options and the Draft Precise Plan.
Focus Group Meetings
Prior to the Design Charrette, the Opticos team will work with City staff to identify key
Downtown stakeholder groups and plan a series of Focus Group meetings (up to four)
representing a range of viewpoints on local issues and concerns. The intent is to get an in-
depth understanding of key issues and discuss potential design solutions and policies to
address those.
Downtown Walking Tour
Prior to the Design Charrette, and potentially on the same day as the Focus Group meetings,
the Opticos team will work with City staff to plan and lead a Downtown Walking Tour with
key City staff, members of the General Plan 2040 Steering Committee, representatives of
major stakeholder groups and other parties identified by the City.
Opticos would like to propose scheduling the Focus Group Meetings and Downtown Walking
Tour as two tasks on the same day,Jollowed by the 3-day Design Charrette; to create a
comprehensive 4-day community outreach event. In our opinion, this would not just be
efficient use of staff and consultant time, but also encourage greater Charrette participation
by the Focus Group and Walking Tour participants.
3-day Design Charrette
The Opticos team will work with consultants and City staff to plan and lead a 3-day Design
Charrette focused on Downtown San Rafael, to engage the community and stakeholders in
the design process through a series of meetings or feedback loops. The Charrette schedule
will be designed specifically to promote broad community participation. Sub-consultants
will participate throughout the three days at designated milestones, and for meetings and
presentations.
The Design Charrette will focus on a range of key design and socio-economic issues related
to Downtown, and will develop design solutions to address those, guided by community
input. The Charrette will feature Opening and Closing Presentations, Brown Bag lunch-time
Presentations on topics related to the Project Area as well as Open Studio, during which
community members can observe the design team at work and share their ideas. The
Opening and Closing presentations will include a PowerPoint presentation, followed by
Q&A and informal break-out discussions with the design team. The Brown Bag
Presentations will be information sessions on key topics such as historical and cultural
resources, social equity, mobility and parking, form-based codes, etc; to be determined
after discussing with City staff.
Pop-up Workshops
The Opticos team will organize and participate in two Pop-up Workshops to gather
community input in an informal setting. The first Pop-up would be held as a visioning
exercise prior to the Design Charrette, and the second Pop-up would be organized after the
Charrette (and prior to starting work on the draft the Precise Plan), to get feedback on the
5
Downtown Plan Options. The Opticos team will work with City staff to select appropriate
venues for the Pop-up Workshops to make them highly accessible; and will work to
schedule them around popular Downtown events, to get maximum participation.
Online Engagement
The Op ti cos team will work with City staff to create an online engagement exercise using
the Neighborland platform, to get feedback from the broader community. Potential
strategies can include an online questionnaire or visual preference survey for the
community to give input on the Downtown Options resulting from the Design Charrette, or
some other suitable content as decided by the City.
Study Sessions
Opticos will work with City staff to organize and participate in up to a total of eight study
sessions on the Downtown Precise Plan; two with City Council and six with other City
Boards and Commissions. We anticipate that the two study sessions with City Council will
be scheduled at two critical stages of the process: one during the visioning stage, and the
other when starting work on the draft Precise Plan. We recommend engaging with the
boards and commissions during the charrette to gain their valuable feedback early in the
process.
The study sessions with other City Boards and Commissions will include two study
sessions each with the Planning Commission and Design Review Board, and one study
session each with the Parks and Recreation Commission and the Bicycle and Pedestrian
Advisory Commission. These would be scheduled at appropriate times during the design
process, with the assistance of City staff.
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Deliverables from Opticos Team:
•
•
•
•
•
•
•
•
•
Community Engagement Strategy identifying important milestones
Participate in five General Plan Steering Committee meetings, including preparation
of meeting and/or presentation materials.
Participate in up to four Focus Group meetings, including meeting materials and a
summary of meeting notes
Organize and lead the Downtown Walking Tour including a route map and a
summary of notes from the walking tour
Charrette materials including posters, maps and other graphics, presentations, etc .
Charrette Opening and Closing Presentations and Brown Bag Presentations
Plan and participate in two Pop-up Workshops, including workshop materials and a
summary of the workshop results
Online engagement exercise using the Neighborland platform, including a summary
of results from the online exercise
Participate in up to eight study sessions, two with City Council and six with other
City Boards and Commissions, including preparation of meeting and/or
presentation materials
Task 3: Downtown Area Profile Report
Purpose: To create a summary report of the Project Area's existing conditions and its
surrounding context, the Opticos team will prepare the Downtown Area Profile Report.
The report will provide a baseline analysis of socio-demographic characteristics and the
existing context and physical conditions in and around the Downtown area. The
information will be supported by visually representative and user-friendly maps and
graphics; and will cover all relevant topics pertaining to the Project Area, including
demographics, socio-economic characteristics, existing regulatory situation and policy
framework, historical and cultural resources, and the physical condition of the built
environment and public realm. The document will also cover a discussion of current
programs and initiatives related to Downtown and identify key issues and opportunities.
The report will be reviewed by the Advisory Committee and be an ongoing reference as the
Precise Plan is prepared. The Opticos team will work with City staff and the other
consultants working on related tasks, to incorporate content relevant to the Downtown
work In particular, this will include information on the topics of transportation,
infrastructure, environmental conditions, historic and cultural resources, and economics
(see below).
Deliverables from Opticos Team:
• Downtown Area Profile Report (draft and final)
Task 4: Historic and Cultural Resources Survey and Analysis
Purpose: Garavaglia Architecture, as part of the Opticos team, will work on the analysis of
historic and cultural resources, using the following steps. Please note that the suggested
work plan and associated fees is based on the following assumptions:
• A SO-year look back will be used regarding the age of studied potential historic
resources.
• DPR forms are the typical method for documenting historic resources. In a survey,
we assume the existing forms are usable -only needing refinement.
• Basic building information is available in a city provided searchable database
including building construction dates
• The number of historic districts considered for evaluation is based on existing
designated districts and 1986 survey areas that may reasonably be included in the
Downtown Precise Plan study area. If more districts are identified after the survey,
additional services may be needed to further evaluation.
Develop survey methodology with staff and advocacy groups. The methodology will
describe evaluation methods and criteria, including observing and documenting each
resource and evaluating historic and architectural integrity.
Update historic structure survey.
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1. Develop a simple historical context for the City, assembled from available
information, and limited additional research (20 hours of additional research). To
properly conduct the survey, a historical context statement should be used. As this is
not part of the RFP, we recommend establishing a reasonable amount of context
statement material to best establish the criteria for evaluation (without a
reasonable context most building eligibility review might be limited to design style
and eras). This is not a full Citywide historic context statement.
2. Re-evaluate structures deemed eligible in the 1986 survey (assume 100 properties
within the Downtown Precise Plan study area, using the DPR 523 L update form), in
accordance with National Register criteria. Update the 1986 inventory to include
structures, which are now potentially historic (built between 1936 and 1968 -
assume 40 properties requiring new evaluations using DPR 523 A & B forms, within
the Precise Plan area).
Prepare analysis of resources, districts, processes, and procedures.
1. Prepare an analysis after the survey has been completed. The analysis will provide
quantitative and mapped information on historic resources, as well as a discussion
on the distribution and character of these resources across the plan area and
priorities for preservation. This will be presented in a report format.
2. Evaluate historic districts in the study area including the existing districts within the
Downtown Precise Plan study area that are reasonable to evaluate (assume 5) and
potential districts (assume 2).
3. This task will also include new processes and procedures for the protection of
historic resources, documentation of the benefits of preservation, and ideas for cost
mitigation of historic preservation actions. These types of activities will be
considered as complying with ( as applicable) "The Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, & Reconstructing Historic Buildings".
Deliverables from Opticos Team:
• Working Paper on Historic Resource Evaluation Methodology
• Materials for Conducting Survey (maps, forms, etc.)
• Draft Inventory of Historic Resources ( data base and G IS files)
• Narrative on Preservation Issues, Economic Benefits, Priorities, Potential Programs,
(Note: Archaeological Resources by others)
• Draft Downtown Preservation Report (final to be included as a chapter in the
Precise Plan)
Task 5: Downtown Transportation Strategy
Purpose: Opticos will work with City staff and the Transportation and Parking
Consultant(s) to advise on, review, and integrate two White Papers analyzing multi-modal
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access and connectivity and parking issues in Downtown. The Multi-modal Access and
Connectivity White Paper is anticipated to include documentation of existing Downtown
conditions related to transportation and mobility for all modes, analyze transportation
demands and trends, and consider the impacts of changing technology on travel behavior,
traffic patterns and travel modes in the future. The Parking Analysis is anticipated to rely
on the recently completed 'Downtown Parking and Wayfinding Study' for data, and will
assess impacts of SMART service and bus transit on Downtown traffic, as well as parking
and TDM strategies. Both White Papers will be incorporated into the relevant section of the
Precise Plan document.
Deliverables from Opticos Team:
• Integration of the Downtown Multi-modal Access and Connectivity Strategy and
Downtown Parking Analysis and Policy White Papers, including a summary of public
input on Downtown transportation issues, into the Downtown Area Profile Report
Task 6: Downtown Infrastructure Profile
Purpose: Opticos will work with the Infrastructure Consultant to advise on, review, and
integrate an Infrastructure Profile for Downtown. The Infrastructure Profile is anticipated
to cover the existing condition and note key improvements needed for water, sewer,
stormwater and other Downtown utility facilities, as well as an assessment of the
suitability ofland for development based on existing capacities and soil conditions. The
Profile will include planned or proposed capital improvement projects, and highlight issues
that could affect the future Downtown, including the impacts of climate change; and
identify strategies that support San Rafael's Climate Action goals.
Deliverables from Opticos Team:
• Integration of the Downtown Infrastructure White Paper (including a summary of
public input on Downtown infrastructure issues) into the Downtown Area Profile
Report
Task 7: Downtown Economic and Market Profile
Purpose: Opticos will work with the Economic Consultant to advise on and review an
Economic and Market Profile for Downtown, including parcel-level analysis to understand
the current and future value of existing Downtown assets and its economic relevance
within the region, to provide a basis that could inform future economic development
strategies for Downtown.
In particular, the study will focus on the potential market demand for Transit-Oriented
Development and mixed-use in Downtown. The study will include feasibility analysis of
various development types, development incentives and the provision of affordable
housing in Downtown.
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Deliverables from Opticos Team:
• Integration of the Downtown Economic and Market Profile (including a summary of
public input on economic issues) into the Downtown Area Profile Report
Task 8: Downtown Alternatives
Purpose: The Opticos team will utilize the design concepts developed during the charrette
to prepare three Plan Options. The Plan Options will address key issues and test various
combinations of building types and intensity, using a form-based approach. Graphics such
as maps, renderings and visualizations will be used to create 'before-and-after' scenarios to
highlight the design moves.
The Opticos team will work with the larger consultant team to evaluate and consider the
Plan Options for feasibility, to understand and evaluate the impacts related to mobility and
infrastructure and develop strategies accordingly. The results of this task will be
summarized in the form of a Downtown Options report and will include recommendations
to aid policy decisions.
Deliverables from Opticos Team:
• Downtown Options Report including a memo on recommended options (draft and
final)
Task 9: Affordable Housing and Anti-Displacement Strategy
Purpose: Plan to Place, as part of the Opticos team, will prepare the Affordable Housing
and Anti-Displacement Strategy. Dave Javid's experience managing the preparation of the
City's 2015-2023 Housing Element will be effective in providing a thorough understanding
of housing conditions in the area and potential strategies to address local and regional
issues. As a hub for homeless services in the County, Downtown San Rafael faces a difficult
challenge in addressing the affordable housing crisis and providing continued support for
the growing homeless population. The Strategy will evaluate existing programs and
provide a comprehensive set of strategies and recommendations for the Precise Plan.
Deliverables from Opticos Team:
• Draft Downtown Affordable Housing and Anti-Displacement Strategy (final version
will be a chapter in the Precise Plan)
Task 10: Downtown Design Guidelines and Placemaking Strategy
Purpose: The Opticos team will adopt a form-based approach in developing design
guidelines/ standards that will help to implement the vision for Downtown's built
environment and public realm. The Form-based Code will focus on private realm
components guiding the form and character of new buildings and frontages, as well as
10
public realm components that create a walkable and bike-friendly environment. The Form-
based Code can be incorporated into the Precise Plan as a chapter, and be integrated into
the Zoning Ordinance.
Deliverables from Opticos Team:
• Draft Downtown Form-based Code (final version will be a chapter in the Precise
Plan)
Task 11: Prepare Downtown Precise Plan
Purpose: The Opticos team will coordinate and work with City staff and other consultant
teams to prepare the Downtown Precise Plan.
Opticos will first prepare an Approach Memo highlighting the Table of Contents, a Style
Sheet and sample layout pages, and submit to the City for review and discussion. After the
Approach Memo has been discussed and finalized, the Opticos Team will prepare chapters
addressing the topics identified in the Final Precise Plan Approach Memo's Table of
Contents, project goals and objectives previously drafted, and the visioning and planning
content from the Design Charrette. During this process, the Opticos team will work with
City staff to request the larger consultant team to provide key technical content relating to
their scope of work; and critical to include in the appropriate sections of the Precise Plan;
as well as research a question or solution proposed by the Opticos Team, if needed.
The Precise Plan will incorporate all key findings from the Downtown Area Profile report
and will have design recommendations as well as project goals, policies and expected
outcomes for the Downtown districts. It will incorporate relevant content from preceding
tasks in the form of chapters, including (but not limited to) the topics of economic
development, historic and cultural resources, mobility, infrastructure, affordable housing
and anti-displacement strategy, and implementation. The Design Guidelines and
Placemaking Strategy (Form-Based Code) developed in Task 10 will also be included as a
chapter.
With the intent to create a concise and readable document, the Precise Plan will rely on
graphics and succinct narratives; with lengthier explanations, analysis and background
information provided in the form of appendices.
An 'Administrative Draft' of the Precise Plan will be submitted to City staff for review.
Comments and edits will be requested from the City in the form of a single set of non-
conflicting comments in the form of a 'Consolidated Comments' memo, to enable efficient
tracking of edits and timely delivery of the Public Review Draft Precise Plan.
Deliverables from Opticos Team:
11
• Downtown Precise Plan Approach Memo, including a Table of Contents and a Style
Sheet for the document (draft and final)
• Downtown Precise Plan -Administrative Draft
• Downtown Precise Plan -Public Review Draft incorporating Consolidated
Comments received from City staff
Task 12: Environmental Review for the Downtown Precise Plan
Purpose: The Opticos team will work with City staff to assist the CEQA consultant in the
preparation of the Program EIR for the Downtown Precise Plan. This will include advising
City staff and the Environmental consultant with regards to the project description, the
Downtown program, and the review of relevant sections of the EIR, including Downtown
Aesthetics, Land Use, Population/ Housing, Public Services, Recreation, and Historic and
Cultural Resources.
Deliverables from Opticos Team:
• None
Task 13: Adoption of the Precise Plan
Purpose: Opticos will participate in the Plan Adoption process, attending two public
hearings, one each with the Planning Commission and City Council; and two presentations
to other City Commissions and/or Boards. The Opticos team will work with City staff to
revise the Precise Plan document in response to comments received during the public
hearing process. Depending on the extent of the requested edits, Opticos will prepare an
Addendum listing the changes to be includP.d to the Precise Plan after adoption.
Deliverables from Opticos Team:
• Participation in two public hearings, one each for the Planning Commission and City
Council, including presentation materials and a summary of key meeting comments
• Draft Precise Plan Addendum
• List of zoning amendments and other Code amendments to be made concurrent
with the adoption of the Precise Plan
• Final Precise Plan, including transfer of document files
Task 14: Project Management
Purpose: Regular coordination with the City's project manager and consultants as needed,
to ensure efficient work flow and timely deliverables.
12
Deliverables from Opticos Team:
• Regular teleconferences or Go To Meetings with City's project manager
• Preparation and distribution of monthly project status reports to the City's project
manager
San Rafael Downtown Precise Plan
Scope Cit.gory 7 ar th ■ Clty'I RFP
PropoMd Budg.c Table· Optlco1 0-lgn Inc.
UPOATED 21 December 2018
San Rafael Downtown Precise Plan
Talk 1 an. Raconn■t-nm. KJck.-off Meat.Ing ind Bactgraund Data
Talk 2 PllrUalpatlon In ComrrwJnlty Engtge1M11t PrDgrwim
T■U: 3 Downtown ArN Prani. bport
T■K 4 Hlatarlo and CUIWral Ra:iun:. Su,wy and Analyal•
T■1k 6 Downtown Tran,portatlon StflUGY
(Not ,n our sa:pe; incorpo,1110 ma1cti11/c-+ coadin■rlai)
Talk II Downtown lnfrntn&ctura Prani.
(Nof In cu sccpe, ln capanuo malw/■ls + caord/n■rfooJ
T•lk 7 Downtown £:canolftO and M11bt Praflle
lNot ln a, IC(pO. fncapor■le m■rerl.r,-+ coord/natlc•d
Talk: B Downtown Altamadval
T■ak D Affordablti Hauling and AntJ-dlsptac.n.nt Stm:egy
Tak 'JD Downtown DellQn OJldttln• and Plammlk!na sim.gy
T■atn Prapllr.DowntawnPradlaPlln
Talr:12 Envfronnwital Ravi.wfarth■Downtown Pracl•Plan
Tllllr:13 AdopUonarth■PraoiaePltn
Tall:14 Pro}ec:IMlnaganwnt
[TOTAL FEES
Tora/Hour,
Add!Ua nal Tam,a,
1 Budget doe1 not Include rental or pu1ch111lng lee1 !Dr 1paca or
equlpn.:111 !or worlc1hopr., ch11rret1e1 and othur meeting,.
(Consultant to bring compute'5ancJ drafting ,upplles.)
Co111uhant wlll not be 1e1p(>n1ibla for any wch planning 01
expunM:t..
2 lludget does not Include, !cod ror panlclpant1 other than the
design team !or worli:1hop1, charrclle and working WlUlon1.
3 Budget does nol Include postage a,sc,clnted wlth public
outreach and m111ketlng.
4 lludgql doa1 nol Include ln1t11ll111inn nl any and all puhlic
outrcnth medl11 Including bu! nol llmllnd to bann1111 and
1ign11gn.
5 In 1h11 lnteresi or envlronmantal con1ldcrnllonc. the ccnwlrant
wlll provlda o PDF file ol eath dellverable unleis olherwlMJ
1peclllcd.
6 Cllenl 1h111I bo paid on 11. feo b111!1 for pe1fo1mance ol 1ervlce1
under this 11grcemen1 In accordance with lhe t11blo above.
7 Any add!llonal lo1h perlo11netl out1!dool 1ho1e 1peclll1.-d
abovo. wch 11111.nundlng 11ddlllonal mooting, or completing
addl!lonal 1uv!1lon1 buyond the hours or number ol ruvl1lo111
1pt.-cillt:d above. wl!I bttcompensatt:d al thu hourly rates listed In
thu tabla alwva (wb]ecl lo lm;i~w by flva percent(~~) 011
January I of each calentJor year occurlng during lhc tc1mol this
a[jlL"lllllC/11 ,)
01111coao.1icn.1rc
f>rlnclpal Senior Aswcla\11 Auociata
S275 S210 $1B4
eh, Oh, eh,
DO hr Oh, nohr
2h, Oh, 4h,
eh, oh, 12hr
4h, Oh, eh,
2h• oh, eh,
2h< oh, eh,
&h, Oh, 32 hr
4h, oh, eh,
32hr Ohr 44hr
26 hr Oh, 88hr
4h, Oh, eh,
20hr Ohr 40hr
16hr Oh, 08hr
I S58,850 so I seg,240
214hr Oh, 485hr
Table A-Cost Proposal-Downtown Precise Plan to Exhibit A
Optka1 D.ign, Inc. PllntaPhlce Dlnrnglla Architecture
Senior Ocalgner Analy1t 0-• Designer sub101■I r-Subtotal o.Jgn,lno. U:pen• Total
$168 S152 Sl52
Prlnclpal Auoclato Subtolal Subtot&I Plan·ta•Plllce , ... .. ....... Tola!
SlBO S130
Sr.Arch Arch. Principal Hi1t0rlan/ Hi110rlan Subtotal Subtotal Olrenglll
PM , ... Expense.s Total
S225 S130 $115
Total
12hr 16hr Oh, $8,120 so $0.120 4h, oh, $720 so 1720 Oh , Oh, Oh, so so 10
114hr 53hr oh, $71.104 $5,475 f71!1,57D 12h, 4h, $2,GOO so $2.8110 12h• '"' 32hr so S600 S7,500
12hr Oh, Oh, $3,302 so '3,302 48hr 34hr $13,060 so $13,080 oh, Oh, Oh, so so so
Oh, oh, Oh, $4,408 so $4,4011 Oh, oh, so so so 34 hr 42hr OJ!Jhr $81U:i95 $750 $87,346
eh, Oh, oh, SJ,916 $0 $3,8111 Oh, Oh, so so $0 Oh, Oh, Oh, so so so
eh, oh, oh, SJ,361!i so $3,3811 oh, oh, so so so oh, Oh, oh, so so so
eh, Oh, oh, SJ,366 so $3,389 Oh, Oh, so so $0 Oh, Oh, Oh, so so so
48hr 48hr Oh, S22,89B so $22,,1118 oh, oh, so so so Oh, Oh, Oh< so so $0
4h, Oh, Oh, $3,244 so .,., .. 24 hr 18hr $6,660 so $11,680 Oh, Oh, Oh, so so so
52hr 20hr Ohr $28.672 so 121,172 Ohr Ohr so so $0 Ohr Ohr Oht so so so
172hr 160hr Oh, S76,558 S274 :.078,832 16hr 16hr $4,960 $0 $-t,HO Oh, Oh, Oh, so so so
4h, Oh, Oh, SJ.244 so ,,., .. Oh, Oh, so so $0 Oh, Oh, Oh, so so $0
32hr 12hr Ohr $20,000 s,oo $2Q.3ll0 Ohr Ohr so so 10 O hr Ohr Oh, so so $0
IBhr Oh, 14hr $28,788 so $21,7111 Oh, oh, so so so Oh, Oh, Oh< so so $0
$82,320 $4D,DDB SJ.648 $281.025 $0,049 $287,117& I s":no::::J s•."a I s,e.aea I so I ,211.aaa 11 s10.,so I s, .• ea s11.,., I se•.••• I .,.,so I , ...... I 1 .,,a.ooo I
490hr 309hr 24hr 104 hr 72 ht 176 ht 46 hr 46 ht 671 ht 763 ht
Pie,. I IJ I
San Rafael General Plan 2040 -Community Design
Scope Category 5 of the City's RFP
Proposed Budget Table -Optlcos Design Inc.
UPDATED: 21 December 2018
San Rafael General Plan 2040 Community
Design Support
Teak1 Sita Raconnal-nca and Kick-off Meeting
Taak2 Participate In Community Engagement Program
Taak3 Alleaa Exlatlng Community Dealgn Condltlona
Task4 Partlcipata in General Plan Policy Development and
Production
Tasks Project Management and Administration
!roTALFEES
Total Hours
Additional Terms,
1 Budget does not include rental or purchasing fees for
space or equipment for workshops, charrettes and
other meetings. (Consultant to bring computers and
drafting supplies.) Consultant will not be responsible
for any such planning or expenses.
2 Budget does not include food for participants other
than the design team for workshops, charrette and
working sessions .
3 Budget does not include postage associated with
public outreach and marketing.
4 Budget does not include installation of any and all
public outreach media including but not limited to
banners and signage.
5 In the interest of environmental considerations, the
consultant will provide a PDF file of each deliverable
unless otherwise specified.
6 Client shall be paid on a fee basis for performance of
services under this agreement in accordance with the
table above.
7 Any additional tasks performed outside of those
specified above, such as attending additional
meetings or completing additional revisions beyond
the hours or number of revisions specified above, will
be compensated at the hourly rates listed in the table
above (subject to increase by five percent (5%) on
January 1 of each calendar year occuring during the
term of this agreement.)
Optlcos Design, Inc.
Principal
$275
$2,200
$7,700
$1,650
$3,150
$1,100
$15,800
57hr
Senior
Associate
$210
$0
$0
$0
$0
$0
$0
Ohr
Table B-Cost Proposal-Community Design Support to Exhibit A
Optlcos Design, Inc.
Associate Senior D~signer Analyst Adm in Optlcos
Designer Subtotal Subtotal Dealgn, Inc. Fees Expenses Total $184 $168 $152 $152 $100
$1.472 $1,344 $0 $0 $0 $5,016 $0 $5,016
$6,992 $6,384 $0 $0 $0 $21,076 $600 $21,676
$3,680 $5,376 $3,648 $0 $0 $14,354 $0 $14,354
$2,944 $3,696 $2.432 $0 $0 $12,222 $0 $12,222
$4,416 $0 $0 $1.216 $0 $6,732 $0 $6,732
$19,504 $16,800 $6,080 $1.216 $0 $59,400 $600 $60,000
106 hr 100hr 40hr B hr Ohr 311 hr
Page 1 of 1
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development
Project Manager: Ethan Guy
Extension: x2392
Contractor Name: Opticos Design, Inc
Contractor's Contact: Mitali Ganguly
Contact's Email: mitali.ganguly@opticosdesign.com
D FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b . Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b . Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA > $75,000; or Purchase> $75,000; or
Publ ic Works Contract> $175,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
1/4/2019
1/4/2019
1/8/2019
1/8/2019
1/10/2019
□ N/A
Or
1/22/2019
\ /1-B/10,
1/~1t/
1/~7f
r--1 ,✓,c, ,,~11,~
REVIEWER
Check/Initial
~
EBG
~
~ LG
~ LG
~ EBG
~ EBG
~~
~
)Jr
~
1~-'IZ .,
Page 1 of 2
RESOLUTION NO. 14629
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
BAE URBAN ECONOMICS, INC. TO SERVE AS ECONOMIC AND FISCAL TECHNICAL
CONSULTANT FOR THE GENERAL PLAN 2040, WITH A TWO-YEAR TERM AND TWO
OPTIONAL ONE-YEAR EXTENSIONS FOR A TOTAL CONTRACT AMOUNT UP TO
$123,365.
(Term of Agreement: from January 22, 2019 to January 22, 2021)
WHEREAS, on March 5, 2018, the City Council adopted Resolution No. 14478, which
initiated the preparation of General Plan 2040 and accepted the Final Work Program; and
WHEREAS, on August 9, 2018, the City issued a competitive Request for Proposals for
General Plan 2040 Technical Support and Downtown Precise Plan; and
WHEREAS, a selection committee comprised of staff and a General Plan 2040 Steering
Committee member was formed to review submitted proposals; and
WHEREAS, the City received four proposals on or before the September 5 th, 2018 filing
deadline for the Economic and Fiscal analysis scope for General Plan 2040 Technical Support and
Downtown Precise Plan; and
WHEREAS, the selection committee conducted a thorough and objective review of the
received Economic and Fiscal analysis scope proposals and interviewed three applicants on October
31, 2018; and
WHEREAS, the selection committee recommended the proposal submitted by BAE Urban
Economics, Inc. as the most responsive to the City’s requirements after consideration of both the
review of Economic and Fiscal analysis scope proposal and in-person interview; and
WHEREAS, the City does not have existing staff persons dedicated to long range planning
efforts or the technical staffing capacity amongst exiting staff to conduct an Economic and Fiscal
analysis for the General Plan 2040; and
WHEREAS, the City was awarded grant funding from the Metropolitan Transportation
Commission to provide financial support for the creation of a Downtown Precise plan as part of this
contract; and;
WHEREAS, the City has sufficient funds in the General Plan Special Revenue Fund #218 to
be appropriated for FY18/19 to support this contract for the duration of the contract; and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
hereby authorizes as follows:
1.An amount of $59,063 shall be appropriated for FY18/19 from the General Plan Special
Revenue Fund #218.
Page 2 of 2
2.The City Manager to sign the Professional Services Agreement with BAE Urban Economics,
Inc. attached hereto as Exhibit 1, subject to final approval as to form by the City Attorney, for
services as Economic and Fiscal Technical Consultant for the San Rafael General Plan 2040
Update project, with a Term of January 22, 2019 to January 22, 2021, with up to two optional
one (1) year extensions, for a total base contract amount up to $117,490 and an additional five
(5) percent of the total base contract, or $8,875, available upon approval of the City Manager
for a total contract amount not to exceed $123,365.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on
Tuesday, the 22nd day of January 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: McCullough
______________________________
LINDSAY LARA, City Clerk
Exhibit 1: Professional Services Agreement between City of San Rafael and BAE
Urban Economics, INC., with
Exhibit A to Exhibit 1 San Rafael General Plan 2040 – Economic and Fiscal Technical
Consultant Scope of Work for BAE Urban Economics, INC., January 22,
2019.
AGREEMENT FOR PROFESSIONAL SERVICES
FOR GENERAL PLAN 2040 ECONOMIC AND FISCAL TECIDNCAL
CONSULTING SERVICES
This Agreement is made and entered into this _.1L day of JO.nuo..v~ , 2019, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BAE URBAN CONOMICS,
INC. (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, on March 5, 2018, CITY'S City Council adopted Resolution No. 14478,
which accepted the Final Work Program and initiated the preparation of General Plan 2040; and
WHEREAS, the City does not have existing staff persons dedicated to long range planning
efforts or the staffing capacity amongst existing staff to conduct an Economic and Fiscal analysis
for the General Plan 2040, and CONTRACTOR has the expertise to do so; and
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. Barry Miller is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress
and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. David Shiver is hereby designated as the PROJECT DIRECTOR
for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall
notify the CITY within ten ( 10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide technical services for the General
Plan 2040, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by reference.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Section 4 of this Agreement. CITY shall
also provide a work space for CONTRACTOR, background information, oversight and direction,
network computer access and other materials necessary for CONTRACTOR to perfonn their duties.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR a total base contract amount not to exceed $117,490 for time and materials as
described in the "Budget and Schedule" included in Exhibit A. An additonal five (5) percent of the
total base contract, or $5,875, may be added to the budget upon approval of the City Manager for a
total contract amount not to exceed $123,365.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 2 year(s) commencing on approval of this contract
and ending on January 22 nd , 2021. Upon mutual agreement of the parties, and subject to the approval
of the City Manager the term of this Agreement may be extended for two additional periods ofup to . ' . . one year.
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 relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
2
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 be the so le property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the tenn of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
3
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
I. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and non contributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as
ISO form CG20 010413.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (I) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONTRACTOR under this agreement.
4
C. Deductibles and Sm's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates oflnsurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City lndemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City lndemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR' s work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City lndemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City lndemnitees or at CITY'S option reimburse
the City lndemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City lndemnitees) from and against
5
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations , in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
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:
6
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Barry Miller
City of San Rafael
1400 Fifth A venue
P.O. Box 151560
San Rafael, CA 94915-1560
David Shiver
BAE Urban Economics, Inc.
2600 10 th St., Suite 300
Berkeley, CA 94710
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT --AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
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.
7
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 .
21. CITY BUSINESS LICENSE/ OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLELAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. Counterpart signature
pages may be delivered by telecopier, email or other means of electronic transmission.
8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
9
CONTRACTOR
By: -------------
Name: David Shiver
Title: Principal
[lf Contractor is a corporation, add signature of second
corporate officer]
Name: Matt Kowta
Title: Managing Principal
EXHIBIT A
SC C
BAE will perform the following scope of services:
Task 1: Reconnaissance/Startup
The BAE project manager will attend initial meetings with City staff to start the project and meet
key participants. These meetings will provide an opportunity to determine data needs and
resources, identify points of contact at the City and other agencies, and determine how essential
tasks will be performed. BAE will prepare a specific list of data requirements related to its
economics analysis scope, including but not limited to retail sales, planned and proposed
projects, property and ownership records, and identification of sub-areas ~or economic analysis.
The meetings will also cover the project schedule and milestones, as well as issues related to
· mapping and GIS.
Task 1 Deliverables: Attendance at start-up meeting and data request memorandum.
Task 2: Participation in Community Engagement Program
BAE will attend two meetings of the General Plan Steering Committee and at least three
community-wide workshops. Additionally, BAE's budget includes an additional 30 hours of project
manager time for participation in other public meetings (in addition to those described above)
and stakeholder meetings related to the General Plan over the next two years. BAE's budget
includes time required to prepare PowerPoint slides that summarize economic issues and/or
findings from BAE's work product for incorporation into the City's presentations.
Task 2 Deliverables: Attendance at two GPSC meetings and three community workshops;
30-hour meeting reserve; PowerPoint slides related to BAE's work on project.
Task 3A: Assess Existing Economic Conditions
BAE has taken the proposed scope for Task 3 and separated the assessments of economic and
fiscal conditions into separate tasks for clarity. Task 3A covers economic conditions, and Task 3B
will cover fiscal conditions.
3A.1: Citywide Evaluation
For this task, BAE will collect and analyze the baseline data that will underpin the Economic
Vitality Element of the General Plan, while also providing data that informs future land use,
transportation, and housing policies. Since the adoption of the 2020 General Plan there have
been many changes in the economy. The retail sector has been quickly evolving in response to
the rise of e-commerce and shopper preferences for retail environments that offer an experience.
The region's high cost of housing has negatively impacted local businesses that find it challenging
to recruit and retain employees. At the same time, employers are finding that locations near
transit and providing heavily amenitized work environments give them competitive advantages in
accommodating their workforce. As a result, owners of older suburban office and industrial
properties have had to reinvest in their properties to upgrade their space and provide on-site
amenities.
BAE's analysis will look at San Rafael's role in the Marin/ North Bay economy and the greater Bay
Area economy with these and other trends in mind. BAE will also look at the economic function of
various sub-areas within the city, such as East San Rafael and the Northgate area. As part of this
subtask, BAE will conduct a SWOT analysis, assessing San Rafael's Economic Strengths,
Weaknesses, Opportunities and Threats. Economic and real estate market trends will be
assessed, including existing and projected conditions in the residential, office, hotel/hospitality,
retail, and industrial markets. BAE will also evaluate the City's existing 2020 General Plan
Economic Vitality Element and any current economic development strategic plan or work plans.
Upon completion of this task and Task 3B, BAE will produce a comprehensive summary report on
economic and fiscal conditions, including graphs, tables, and narrative. The work will include an
executive summary and a slide deck suitable for presentation.
Subtask 3A1.a. Existing Conditions. As part of this subtask, BAE will gather and analyze available
data regarding San Rafael's economy, including employment by sector, retail sales and spending
patterns, business location patterns, commuting patterns, unemployment, and wages. To the
extent possible with the available information, the following subject areas will be covered. Data
will be drawn from such sources as the U.S. Census, American Community Survey, California
Employment Development Department, California State Board of Equalization, and private-sector
data vendors such as Esri and Costar. In addition to using industry data, conclusions about the
local economy will be informed by up to twelve (12) interviews with local business owners, retail
property owners, developers, realtors, and economists. Up to two small group discussions may
also be convened for this purpose. BAE would recommend that one of these small group
discussions be focused on the City's retail environment.
Demographic Overview. The City of San Rafael prepared a demographic overview of San Rafael
in July 2018 to support the City's General Plan effort, which BAE will use to inform the economic
analysis for the General Plan. As part of the assessment of existing conditions for the General
Plan, BAE will supplement the data provided in the existing demographic overview as appropriate
to inform the planning process, which could include cross-tabulations using Public Use Microdata
Sample (PUMS) data from the ACS to gain additional insight on key demographic trends. BAE's
budget for this task includes preparation of maps and other graphics to communicate key
findings.
Jobs. For this task, BAE will acquire City-level data by major industry from the California
Employment Development Department for the most current period and for one or two comparable
2
periods in the past (e.g., five years or ten years) in order to show trends. In addition, BAE will
review American Community Survey (ACS) data by workplace geography, which is more inclusive
of all workers (i.e., includes self-employed) and Longitudinal Employer-Household Dynamics
(LEHD) data. Assuming the City's business license data has employment counts and can be
made available to BAE, BAE can use that source to further analyze trends in new business
creation and number of smaller businesses. Another source of data is Hoovers/Dun & Bradstreet
that can provide data for detailed NAICS codes regarding number of employees, year of
establishment, and women/minority ownership.
Key areas of concern include:
• Employment in San Rafael by detailed NAICS code
• Historical trends in employment and unemployment
• Identification of largest employers in San Rafael and trends
• Business license trends
• Small business characteristics and trends
• Start-ups and venture capital investment during recent years
Jobs-Housing Balance/Labor Force. For this task, BAE will rely in large part on ACS data,
including the most current five-year data as well as the more limited one-year supplemental data.
Additional workforce data will be derived from LEHD. For commute patterns, the City seeks to
reconcile discrepancies between LEHD data, ACS data, and data in the TAM model. Review of the
methodologies for each of these sources, and of other data sources will be used in an attempt to
determine the validity of each source and resolve significant differences between them. Key
areas of concern include:
• Characteristics of the San Rafael resident workforce (wages, labor force characteristics)
• Commute patterns (where residents work, where local employees live, where those
moving into new housing developments are working)
Retail Sa/es. San Rafael has the highest retail sales in Marin County, accounting for
approximately one-quarter of the county's taxable retail and food service sales. The analysis will
consider San Rafael's competitiveness in particular retail sectors relative to other cities in the
market area, and the city's potential to draw additional regional and community-serving retail to
Downtown and other destinations. The analysis needs to support Land Use Map decisions for
commercial activities, as well as economic development programs to capture desired activities.
The impacts of technology on consumer shopping habits on the demand for brick and mortar
space will be a particularly important consideration. BAE's analysis will indicate the City's one or
more points of retail 'gravity,' e.g., existing or proposed retail locations that would have access to
the greatest population and employment base.
3
Using published data from the State Board of Equalization, BAE will discuss retail trends by
sector, and will supplement this analysis with any more recent disclosable data the City
possesses (typically as provided by Hdl or Muni Services), and Economic Census data to estimate
the additional non-taxable sales in San Rafael. The leakage analysis will look at consumer
spending patterns and sales in other potential benchmark area. Overall future trends given
technology, online sales, etc. and impacts on demand for brick and mortar space will be
evaluated through literature review, looking also at national-level trends as shown in the U.S.
Census data from the Annual and Monthly Retail Trade Surveys and their data on the "electronic
economy."
Tourism and Hospitality Trends (Hotels, Restaurants, Entertainment). Starting with data obtained
from STR, a national vendor of data on hotel operations and occupancy trends, BAE will assess
the strength of the local lodging market vis-a-vis Marin County and/or the greater Bay Area. STR
categorizes hotels by market segment, and the inventory they provide will show the size of
different market segments. Additional information will be gathered from the City and other
sources, including regarding any proposed projects. BAE will look at overall tourism trends for
San Rafael and Marin County to the extent possible with available data. The leakage analysis
may provide insight into the extent to which local restaurants and nightclubs are attracting diners
from beyond San Rafael; this will be supplemented through interviews with key City staff and a
limited number of restaurants and entertainment venues. BAE will also attempt to assess the
importance of any recurring special events in the City as attractions.
Real Estate Market. For commercial and industrial space, the evaluation of real estate market
conditions will include an evaluation of the current inventory of space, vacancy rates, asking
rents, and a review of businesses recently attracted to the city (as well as businesses that may
have recently left the city or chosen an alternate location). The analysis should consider the
competitive strengths and weaknesses of San Rafael overall, and of various sub-districts within
San Rafael. It should look at the types of tenants drawn to each area of the city, and the types of
commercial spaces that would best meet employer needs in the short, medium, and long-term. It
should consider the market potential and demand for higher value uses on older commercial and
industrial sites, and the local and regional implications of encouraging (or discouraging) reuse of
such sites. BAE will discuss the following aspects of San Rafael's real estate market and trends
in the market:
• Building permit trends and volumes
• For-Sale and Rental Housing (prices, rents, volumes, absorption, pipeline)
• Retail (rents, vacancy, absorption, pipeline, citywide and by district)
• Office (rents, vacancy, absorption, pipeline, citywide and by district)
• Tech and Industrial/Flex (rents, vacancy, absorption, pipeline)
• Other (hospitals, institutional, public, etc.)
• Market potential of key opportunity sites
4
• Economic viability of the City's development standards, including relationship between
FAR, density, and height limits, and value of height bonuses provided for affordable
housing and other community benefits, as well as how development standards help or
hinder existing retail centers.
• Impact of City fees and inclusionary housing requirements on the viability of development
Projections. As part of the economic overview, BAE will consider projections of future growth in
San Rafael, using ABAG/Plan Bay Area projections supplemented by other sources and San
Rafael-specific factors elicited in this analysis. These projections will be used to determine likely
demand for future floor space by land use and housing type, and will assess what Incentives and
regulatory strategies could be used to achieve desired uses. A key part of this subtask will be to
coordinate with the rest of the General Plan consultant team, in order to maintain consistency
across the Plan documents, including the EIR.
Task 3A.1 Deliverables: Draft and Final Existing Conditions Technical Report. BAE will
deliver one draft to the City and, after receipt of consolidated comments, will prepare a
final report.
3A.2: Downtown Economic and Market Profile
More focused analysis of the Downtown economy will be required as part of the Downtown
Precise Plan. This task will be funded through the Downtown Precise Plan grant and will be
invoiced separately from other tasks in this Scope.
BAE will prepare an Economic and Market Profile for Downtown San Rafael to supplement the
citywide analysis described above. This Profile will address the relationship of Downtown San
Rafael to other business districts in San Rafael, Marin County, and the region. Parcel-level data
for Downtown will be evaluated to provide an understanding of value and revenue per acre as
well as other metrics that will inform future economic strategies, development standards, and
land use choices.
The analysis will assess the potential market demand for transit-oriented development-including
office, retail, and ownership and rental housing uses-in Downtown San Rafael. BAE will develop
static proformas for four (4) land uses (or mix of land uses) to assess the financial feasibility of
each development type based on current and projected land development costs, potential lease
rates and sale prices, City fees and standards, and other pertinent factors. As part of the
analysis, the feasibility of providing affordable housing also will be addressed, taking into account
the economics of current inclusionary housing requirements (and potential benefits). The relative
cost and benefits of the City's development incentives also will be considered. Specifically, BAE
will consider the value of additional development entitlements (e.g., height and density) relative to
5
the cost of desired benefits (e.g., affordable housing, public space, etc.). BAE's retail analysis in
Task 3A.1 will be expanded for deeper analysis of the downtown district.
BAE understands that the economic analysis for the Downtown Precise Plan will involve close
coordination with City staff and the rest of the consultant team to ensure that the economic
analysis is responsive to issues that arise during the overall planning process. BAE believes that
our proposed budget for this task is sufficient to allow time for a somewhat iterative process with
City staff and the rest of the consultant team in order to meet these needs.
Task 3A.2 Deliverables: Draft and Final Downtown Economic and Market Profile Technical
Report. BAE will deliver one draft to the City and, after receipt of consolidated comments,
will prepare a final report.
Task 38: Assess Existing Fiscal Conditions
For this task, BAE will review the City Budget, and provide a summary of the sources and uses of
funds and discuss relevant revenue initiatives. BAE will evaluate City revenue sources, such as
property tax, sales tax (including Measure E sales tax), franchise tax, business tax, and transient
occupancy tax. BAE will identify key properties that generate significant revenue to the City. BAE
will also provide an overview of the relative stability of each revenue source over the course of an
economic cycle and factors that could impact City revenues over the long term. The results of this
assessment will be incorporated into the comprehensive summary report on economic and fiscal
conditions as described for Task 3A and used as the baseline for the fiscal model to be developed
for Task 4. BAE will prepare graphics to communicate findings and facilitate public understanding
of existing fiscal conditions.
Task 3B Deliverable: Internal technical memorandum for incorporation in Task 4.
Task 4: Evaluate Economic and Fiscal Implications of Land Use Alternatives
BAE will participate with other members of the General Plan team in the evaluation of land use
alternatives and potential land use policy choices. This should include attendance at meetings
with staff and participation in community workshops (see Task 2 above), along with research and
analysis to consider the market implications of the land uses and development standards
(density, FAR, height, etc.) that may be considered for different sites. The City is particularly
interested in understanding the fiscal impacts of potential land use choices, including metrics
that indicate existing and projected revenue generation (per acre, per parcel, etc.) for Downtown
and other business districts. This could include the development of graphics and maps that
illustrate economic productivity at the district, city, and county level.
BAE will develop a General Fund fiscal impact model for San Rafael to test assumptions regarding
future developments and to project the net fiscal impacts of the anticipated new development
6
that would be accommodated by the Land Use Element of the proposed General Plan Update.
The results of this analysis will help the City and the consultant team to refine the Land Use
Element, balancing fiscal concerns with other planning considerations, such as economic
development, community character, environmental impacts, etc. BAE will base the fiscal impact
projections on estimates of the net increase in development, by land use category, that could
occur under the proposed General Plan Update Land Use Element.
In developing the fiscal impact model, BAE will complete the following steps, leading to both an
Excel model that can be used to estimate future General Fund revenues and service costs, as
well as a narrative report describing the methodology and results, and the recommendations for
refinement of a fiscally sustainable General Plan Update.
• Analyze City's current and projected budget (see Task 38)
• Prepare Revenue Projections -This will include estimating future General Fund revenues
as appropriate (includes sales tax, property tax, property tax in-lieu of vehicle license fees,
charges for services, and other key revenue sources
• Prepare Service Cost Projections
o Interview representatives of key City departments to discuss working service
standards, impact of changes in land use on services
o Develop relevant average service cost multipliers and marginal service cost
estimates for departments to serve projected growth
• Estimate and analyze projected fiscal revenues and service costs per increment of growth
anticipated under the updated General Plan
• Provide feedback to consultant team and city re: recommended changes to Land Use
Element
To complete this task BAE will prepare a Fiscal Impact Report including discussion of
methodology, assumptions, and results, along with tables, graphs, and recommendations for
refinement of a fiscally sustainable General Plan Update. If necessary, BAE will recommend fiscal
mitigation measures to ensure the fiscal sustainability of the adopted General Plan Update.
Task 4 Deliverables: Draft and Final Fiscal Impact Technical Report. BAE will deliver one
draft to the City and, after receipt of consolidated comments, will prepare a final report.
Task 5: Peer Review of Economic Vitality Element and Other General Plan
Elements
BAE will participate in the development of policies and implementing actions in the Economic
Vitality Element, and may weigh in on other General Plan policies as they are developed.
Authorship of the Economic Vitality Element itself will be the responsibility of the in-house staff
team, and not BAE. BAE will have a key supporting role and will review and comment on
administrative drafts, suggesting revisions as appropriate. BAE will also participate as a "subject
7
matter expert" on issues related to fiscal impacts, financing of capital projects, probable timing of
future development, community benefits, economic development initiatives, and similar
economically-focused topics addressed by the General Plan.
Task 5 Deliverable: Respond to City staff questions and review draft sections of the
Economic Vitality Element as directed.
Task 6: Plan Adoption
BAE will be available during the Plan adoption process to respond to staff questions relating to
data, analysis, and policies with economic impacts. However, BAE is not expected to participate
in Planning Commission and City Council hearings related to Plan adoption. Hours shown for this
task in BAE's budget may be reallocated, as approved by City, to cover any excess labor incurred
in other tasks.
Task 6 Deliverable: Respond to staff questions.
Task 7: Project Management and Administration
BAE expects to attend periodic project management and work progress meetings, either by
conference call or in person. Time also will be required for general email correspondence and
communication/coordination with members of the project team. The budget for this task is built
into previous tasks.
Task 7 Deliverables: Project team conference calls; project updates, respond to City staff
or project team emails.
8
J GT S H u
Budget
BAE has prepared a budget totally, $117,490, or $122,860 with the optional task, for both the
General Plan update and Precise Plan for the City's downtown, inclusive of all labor and
expenses. BAE invoices monthly and will be prepared in a format acceptable to the City. Data
expenses are billed as incurred with no mark up. Costar data is invoiced as a fixed amount on a
per job basis and one expense is proposed for this engagement.
Principal VP Associate Analyst Total
General Plan Tasks $300 $210 $140 .lli Budget
1 Reconnaissance/Startup 4.0 6 .0 10.0 $3,860
2 Participation in Community Engagement Program 16.0 45.0 8.0 $15,370
3A Assess Existing Economic Conditions (Excluding Precise Plan work) 16.0 35.0 50.0 40.0 $22 ,950
3B Assess Existing Fiscal Conditions 6.0 10.0 34.0 16.0 $10,180
4 Evaluate Economic and Fiscal Implications of Land Use Alternatives 6 .0 20.0 60.0 16.0 $15,920
5 Peer Review of Economic Vitality Element & Other General Plan Element 10.0 16.0 $6,360
6 Plan Adoption 2.0 4 .0 $1 ,440
7 Project Management and Administration 4 .0 20 .0 4.0 $5,960
LABOR 64 156 166 72 $82,040
EXPENSES (includes data purchase and mileage) $650
Mileage 250
Esri 250
EDD-City data 150
BAE GENERAL PLAN BUDGET $82,690
Precise Plan Tasks
3A.2 Downtown Economic and Market Profile 20.0 60.0 70 .0 50.0 $33,150
LABOR $33,150
EXPENSES (includes data purchase and mileage) $1,650
Mileage $50
STR data purchases $600
Costar $1 ,000
BAE PRECISE PLAN BUDGET WITHOUT OPTIONAL TASK $34,800
TOTAL BAE BUDGET WITHOUT OPTIONAL TASK $117,490
9
Schedule
BAE has the capacity to undertake this engagement and understands that draft technical reports
would have to be prepared and reviewed by the City and consultant team by early 2020 for public
release. As part of the start-up meeting, BAE will confer with the City and its selected team to
finalize a schedule for BAE's deliverables. Upon BAE's authorization to proceed, a draft existing
conditions analysis (Task 3) technical report can be submitted within 60 days of authorization to
proceed. A draft fiscal impact analysis (Task 4) can submitted within 45 days of authorization to
proceed. BAE understands the need to coordinate the schedule for the economic analysis for the
Downtown Precise Plan with the overall Downtown Precise Plan schedule, is prepared to complete
the analyses for the Downtown Plan on a separate schedule from the General Plan analysis as
needed.
10
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development
Project Manager: Ethan Guy
Extension: x2392
Contractor Name: BAE Urban Economics, Inc.
Contractor's Contact: David Shiver
Contact's Email: dshiver@bael.com
D FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) & attachments to City
Atty c/o Laraine .Gittens@cityofsanrafael.org
2 City Atta rney a. Review, revise , and comment on draft agreement
and return to Project Manager
b . Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*P SA > $75,000; o r Purcha se> $75 ,000; or
Pu blic W orks Contract> $175,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve i nsurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Coun cil authorized official
9 City Clerk Attest signature s, retain s original agre e ment and
forwards copies to Project Manager
COMPLETED
DATE
1/4/2019
1/4/2019
1/9/2019
1/9/2019
1/10/2019
□ N/A
Or
1/22/2019
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Page 1 of 2
RESOLUTION NO. 14630
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
FEHR & PEERS ASSOCIATES, INC. TO SERVE AS TRANSPORTATION TECHNICAL
CONSULTANT FOR THE GENERAL PLAN 2040, WITH A TWO-YEAR TERM AND TWO
OPTIONAL ONE-YEAR EXTENSIONS FOR A TOTAL CONTRACT AMOUNT UP TO
$273,000.
(Term of Agreement: from January 22, 2019 to January 22, 2021)
WHEREAS, on March 5, 2018, the City Council adopted Resolution No. 14478, which
initiated the preparation of General Plan 2040 and accepted the Final Work Program; and
WHEREAS, on August 9, 2018, the City issued a competitive Request for Proposals for
General Plan 2040 Technical Support and Downtown Precise Plan; and
WHEREAS, a selection committee comprised of staff and a General Plan 2040 Steering
Committee member was formed to review submitted proposals; and
WHEREAS, the City received one proposal on or before the September 5th, 2018 filing
deadline for the Transportation analysis scope for General Plan 2040 Technical Support and
Downtown Precise Plan; and
WHEREAS, the selection committee conducted a thorough and objective review of the
received Transportation analysis scope proposals; and
WHEREAS, the selection committee recommended the proposal submitted by Fehr & Peers
Associates, Inc.as qualified and meeting the City’s requirements after consideration of both the review
of Transportation analysis scope proposal and in-person interview; and
WHEREAS, the City does not have existing staff persons dedicated to long range planning
efforts or the staffing capacity amongst existing staff to conduct an Transportation analysis for the
General Plan 2040; and
WHEREAS, the City was awarded grant funding from the Metropolitan Transportation
Commission to provide financial support for the creation of a Downtown Precise plan as part of this
contract; and;
WHEREAS, the City has sufficient funds in the General Plan Special Revenue Fund #218 to
be appropriated for FY18/19 to support this contract for the duration of the contract; and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
hereby authorizes as follows:
1.An amount of $89,250 shall be appropriated for FY18/19 from the General Plan Special
Revenue Fund #218.
Page 2 of 2
2.The City Manager to sign the Professional Services Agreement with Fehr & Peers Associates,
Inc. attached hereto as Exhibit 1, subject to final approval as to form by the City Attorney, for
services as Transportation Technical Consultant for the San Rafael General Plan 2040 Update
project, with a Term of January 22, 2019 to January 22, 2021, with up to two optional one (1)
year extensions, for a total base contract amount up to $260,000 and an additional five (5)
percent of the total base contract, or $13,000, available upon approval of the City Manager for
a total contract amount not to exceed $273,000.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on
Tuesday, the 22nd day of January 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: McCullough
______________________________
LINDSAY LARA, City Clerk
Exhibit 1: Professional Services Agreement between City of San Rafael and Fehr &
Peers Associates, INC., with
Exhibit A to Exhibit 1 San Rafael General Plan 2040 – Transportation Consultant Scope of
Work for Fehr & Peers Associates, INC., January 22, 2019.
AGREEMENT FOR PROFESSIONAL SERVICES
FOR GENERAL PLAN 2040 TRANSPORTATION TECHNICAL
CONSULTING SERVICES
This Agreement is made and entered into this ..1_L day of J 0-n U.(.LEfrn. , 2019 , by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and F & PEERS
ASSOCIATES, INC. (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, on March 5, 2018, CITY'S City Council adopted Resolution No. 14478,
which accepted the Final Work Program and initiated the preparation of General Plan 2040; and
WHEREAS, the CITY does not have existing staff persons dedicated to long range
planning efforts or the staffing capacity amongst existing staff to conduct a Transportation analysis
for the General Plan 2040, and CONTRACTOR has the expertise to do so;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
I. PROJECT COORDINATION.
A. CITY'S Project Manager. +Ae-Ban·y Miller is hereby designated the PRO JE CT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects ofthe progress
and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Bob Grandy is hereby designated as the PROJECT DIRECTOR
for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide technical services for the General
Plan 2040, as specified in the "Wark Plan" dated January 8, 2019 attached hereto as Exhibit "A" and
incorporated herein by reference .
Jt-3-1-9'6
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Section 4 of this Agreement. CITY shall
also provide a work space for CONTRACTOR, background information, oversight and direction,
network computer access and other materials necessary for CONTRACTOR to perfonn their duties.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR a total base contract amount not to exceed $260,000 for time and materials as
described in Exhibit A. An additional five (5) percent of the total base contract, or $13,000 may be
added to the budget upon approval of the City Manager for a total contract amount not to exceed
$273,000.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 2 year(s) commencing on approval of this contract
and ending on January 22 nd , 2021. Upon mutual agreement of the parties, and subject to the approval
of the City Manager the term of this Agreement may be extended for two additional periods of up to
one year.
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 pmty.
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 relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thi1ty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
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the perfonnance of its duties under this Agreement, shall be the sole prope1ty of CITY. CITY may
use said prope1ty for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
I 0. INSURANCE.
A. Scope of Coverage. During the tenn of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($ I ,000,000) dollars per occurrence.
3. If any licensed professional perfonns any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($ I ,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
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1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and non contributory" 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 01 04 13.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by vi1tue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shal I be: (I) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONTRACTOR under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
4
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof oflnsnrance. CONTRACTOR shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Ce1tificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full ce1tified 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 fom1 and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDE1\t1NIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
lndemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct ofits operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City lndemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City lndemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. ln addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City lndemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City lndemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreemenl are
design professional services to be perfonned by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City lndemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expe1t witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
5
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are unde1taken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the perfonnance of its duties and obligations under this
Agreement. CONTRACTOR shall perfmm all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service . Notice shall be given as follows:
TO CITY's Project Manager:
6
Barry Miller
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Bob Grandy
Fehr & Peers Associates, Inc.
332 Pine St., 4111 Floor
San Francisco, CA 94 l 04
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT--AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The tenns and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the tenns and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the 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
7
other tenn, 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 paity of ai1y 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 ofany term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing patty in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE I OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the tenn (or termination) of
this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. Counterpart signature
pages may be delivered by telecopier, email or other means of electronic transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
By:
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ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
L a ~~M ROBERT F. EPSTElNCity ~rney
9
[If Contractor is a corporation, add signature of second
corporate officer]
/·Jt Qr""->~' A.,( ( ~ By: o
Name: l}')ar.-c1\1 ~rJ 1 rne//,./
I
Title: C. r.{)_
EXHIBIT A
City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
Purpos e and l<e y Deliverables
We-understand that the purpose of this transportation work plan is to provide a combined analysis of
the City of San Rafael General Plan Update and a Downtown Precise Plan in time for adoption of both
plans in 2020. CEQA clearance for both plans would be provided in a single combined document.
Community input for both plans would be facilitated through a single Steering Committee and a series of
workshops.
The primary transportation deliverables are summarized as follows.
■ State of Transportation White Paper
■ Travel Forecasting Methodology Memo
• 2040 Travel Forecasts
■ Downtown Precise Plan Multi-modal Access & Connectivity White Paper
■ Downtown Precise Plan Parking Policy White Paper
■ Transportation chapter of Combined CEQA Document
■ Required documentation for updated Traffic Mitigation Fee (Optional Task 5.3)
Approach
We understand that the City of San Rafael wishes to accomplish the following objectives as part of the
General Plan Update and Downtown Precise Plan process.
■ Develop Revised Transportation Policies
■ Identifying how the City will comply with SB 743, and how VMT and LOS will be applied in
future planning and CEQA efforts
■ Refine the NEW Marin County Travel Model being developed by TAM to use in the General
Plan and Precise Plan process
■ Screen General Plan Land Use and Circulation Alternatives against key transportation
metrics
■ Develop Circulation Element, Transportation Policies and Thresholds, and Analysis that
Allows for Future CEQA Streamlining (e.g., reducing transportation study requirements for
future projects that are consistent with the General Plan and Downtown Precise Plan)
■ Update Traffic Impact Fees
We will work with City staff and the Steering Committee to consider refinements to transportation
policies, with a focus on VMT and LOS. Key considerations are whether the City wishes to adopt a VMT
policy and VMT CEQA threshold prior to the General Plan and Precise Plan EIR process. Taking this step
would allow for future CEQA streamlining relative to VMT assessments, but would require an early
review and consideration of policy options.
This work plan includes a validation of base year for the new Marin County Travel Model being
developed by TAM for 40 road study segments. We understand the 2015 base year model will be
A-1
City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
completed by TAM and available by March 2019, which will allow for the validation to occur in April and
May, 2019.
Key transportation metrics that could be applied in the screening of General Plan Land Use and
Circulation Alternatives include relative citywide VMT as well as volume/capacity ratio for the 40 road
segments. These metrics would be developed for the 2040 horizon year using the new TAM model as
described above.
We will work with City staff during the early projects stages to identify actions that would maximize
future CEQA streamlining relative to transportation issues. Developing a financially constrained
circulation network (i.e., one that is fully funded) is a key action for future CEQA streamlining. We will
work with City staff to review projects identified in the 2020 General Plan that have not been
implemented, and determine which of those are reasonable candidates to be funded by 2040 given
revenues available to the City of San Rafael.
This work plan also includes a task to update the traffic mitigation fee program, since much of the data
generated during this process can be used to determine required fee adjustments.
Work Pl an
Task 1. Reconnaissance
Establishing good working relationships with our clients, maintaining efficiencies, and staying on
schedule are important for the success of the Plan Update. Fehr & Peers will attend up to two kick-off
meetings with the Project team and key stakeholders to determine:
■ Data needs from the City and/or other relevant agencies
■ Points of contact for on-going collaboration and sharing key deliverables
■ Major transportation issues and improvements to be highlighted in the circulation element
• Transportation analysis approach
■ Overall project administrative goals, including schedule, milestones, and on-going team
communication
Task 1 Deliverables
• Draft and Final Work Plan to include the Scope of Work, Schedule, and Communication
Strategy
■ List of Major Transportation Issues and Related Key Community Values
• List of Data Needs
Task 2. Participate in Community En gagement Program
Outreach is an important aspect to the General Plan, as the plan should reflect the goals and vision of
the City as well as key community values. As such, Fehr & Peers will participate in at least seven in-
person meetings with the General Plan project team to engage the San Rafael community.
A-2
City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
Task 2 Activities
• Participation in up to four in-person meetings with the General Plan Steering Committee
■ Participation in up to three in-person meetings for the community-wide workshops
■ An additional 10 staff hours to participate in other public and stake holder meetings for the
General Plan and Downtown Specific Plan
Task 3. Data Collecti on and Analysis to Support General Plan and EIR "Setting"
Fehr & Peers will prepare a transportation "White Paper" documenting existing conditions. Below
documents our approach in successfully completing this task.
Task 3.1 Traffic Counts
Fehr & Peers will work with the City to identify road segments where traffic counts are needed to
establish an adequate baseline for transportation planning purposes. Up to 40 road segments will be
included. The need for traffic counts at these segments will be determined and the City, or a third party
vendor to be retained by the City, will conduct the necessary AM and PM counts as needed. Based on
the traffic data, AM and PM peak hour LOS will be determined for the identified roadway segments.
Task 3.2 Inventory and Assessment of Conditions by Mode
Fehr & Peers will review the City of San Rafael's Public Works' GIS database to understand existing
conditions throughout the City of San Rafael. Existing conditions include but are not limited to:
signalized intersections, presence of medians and sidewalks, transit stop locations, and bicycle lanes. We
will collect historic roadway operating and maintenance cost data, road maintenance revenues, road
maintenance shortfall data, and historic transportation capital revenue data from City Public Works staff
for use in the financial constraint assessment and fee update. We will collect data on past efforts and
the current status of Transportation Demand Management (TDM) Plans for private companies in the
City of San Rafael from City Planning staff. Additionally, Fehr & Peers will collect and summarize
existing transit data including ridership, headway, and service for all transit providers in the City of San
Rafael. As directed by City staff, we will utilize existing data for this task.
Tas k 3 .3 Bas e l i ne Modeling and Analysis
Fehr & Peers is currently working with the Transportation Authority of Marin to prepare a travel
demand forecasting model for the County of Marin. Fehr & Peers will use their experience with the TAM
model to understand the model's suitability for General Plan application. As part of this task, Fehr &
Peers will prepare a technical memorandum outlining the model's applicability and recommended
revisions including land use changes, trip types, and transportation infrastructure projects within the
City of San Rafael. The technical memorandum will also summarize household and employment data by
traffic analysis zone (TAZ) for comparison to existing and future projections.
As noted above, Fehr & Peers is currently working with TAM to validate the existing TAM activity-based
travel model. This work scope assumes that the validated base year model files will be available from
TAM by March 2019. Fehr & Peers will conduct a static validation check to see if the new model meets
the validation metrics in the 2017 RTP Guidelines for the 40 study roadway segments in the City of San
A-3
City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
Rafael. If the static validation thresholds are not met for roadways in the City of San Rafael, Fehr & Peers
would conduct additional calibration and validation efforts for the City of San Rafael. We understand
that TAM will develop a 2040 horizon year model by June 2019 that will serve as the 2040 No Build
scenario (i.e., based on MTC Plan Bay Area 2040 growth) for this effort. We will obtain those model files
for application in Task 4.
Task 3.4 Transportation Issues Profile
A key element of Task 3 is to identify existing transportation issues. As part of this task, Fehr & Peers will
address several key policy topics, including the following:
• Complete Streets and Safety1
• Transportation Demand Management (past efforts and current status)
• Goods Movement
• Parking Polices and Management Program
• Emerging Transportation Considerations
• Financially Constrained Transportation System
The white paper will document existing collision data to document transportation issues related to
complete streets and safety. Fehr & Peers will identify collision hot spots and summarize existing
transportation collision patterns. Alternative approaches for addressing the Complete Streets and Safety
policy requirement will be described in the white paper, and may include a single focused policy to
develop and operate city streets based on a "complete streets" concept, methods to develop street
typologies that are tied to land use context, and/or identification of a multimodal analysis methodology.
The white paper will also describe options to incorporate Transportation Demand Management (TDM)
programs into the General Plan process that provide opportunities to utilize the new Downtown Transit
Center and SMART system to achieve Transportation, GHG, and Air Quality goals.
Emerging transportation considerations that will be discussed in the white paper include Transportation
Network Companies (TNCs like Uber and Lyft), shared transportation systems, enhanced technology and
information systems, and partial or fully autonomous vehicles. The potential effects of these emerging
technologies on roadway needs, transit ridership, VMT, parking, and curbside management will be
discussed.
Recent litigation and the 2017 General Plan Guidelines have caused agencies to increase the level of
analysis and policy considerations related to the need for transportation plans to be realistic based on
projected costs and available revenues. The white paper will describe policies and actions considered by
other agencies to address transportation funding shortfalls.
Task 3.5 Summary Report
Fehr & Peers will prepare a report describing existing transportation conditions to initiate the planning
process. The report will include road segment LOS analysis for the roadway segments identified in Task
3.1. It will provide a summary of existing conditions for all travel modes and highlight existing
1 The 2018 Marin County Safety Plan will be consulted as part of this task.
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City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
transportation issues in the City of San Rafael. The white paper will also include a summary of emerging
transportation trends and highlight how transportation is expected to evolve within the City of San
Rafael.
Task 3 Deliverables
• TAM Model Review and Preliminary Analysis Technical Memorandum
• State of Transportation White Paper
Task 4. Pre pa re and Analyze General Plan 2040 Tran sportation Forecasts
Fehr & Peers will work with the Project team to prepare and analyze 2040 transportation forecasts,
identify transportation improvements, strategies, polices, land use changes for mitigation.
Task 4.1 Calculate 2015-2040 Growth by Zone
We understand that City staff will perform the growth analysis exercise and provide 2040 land use
forecasts by model land use type, and that these forecasts will be consistent with 2040 citywide
population and employment control totals in MTC's Plan Bay Area 2040 RTP/SCS. City staff will also
review the 2015 land use allocations in the TAM 2015 base year model. Fehr & Peers will provide model
land use and network information for City staff use. City staff will prepare growth calculations by TAZ,
which Fehr & Peers will use for base year (2015) and horizon year (2040) model calculations. City staff
will provide population, households, and employment for each TAZ for up to three land use alternatives.
City staff will provide electronic files detailing the preferred land use plan by TAZ that includes a
"crosswcilk" from the General Plan designation to model land use types as well as population and
employment rates by acre, for the three land use alternatives. It is likely that each land use alternative
will include different assumptions for Downtown, based on the parallel process of developing land use
alternatives for the Downtown Precise Plan.
Task 4.2 Traffic Modeling and Analysis
Under Task 4.2, Fehr & Peers will use the 2040 travel model provided by TAM to develop 2040 forecasts
for citywide VMT and road segment volumes. For the three General Plan land use alternatives, only
forecasts for the 40 road segments will be developed; for the preferred General Plan land use
alternative, roadway segment forecasts will be developed for the 2040 No Project and 2040 Plus Project
scenarios. Model validation or calibration efforts are not included.
For the three General Plan land use alternatives, 2040 LOS will be determined for the 40 study road
segments. The number of travel lanes that would be required to meet current General Plan LOS
designations will be identified.
For the preferred General Plan land use alternative, Fehr & Peers will calculate LOS for the 40 road
segments identified through Task 3.1. The improvements required to meet current General Plan LOS
designations will be identified. After reviewing the road segment LOS results with City staff, we will
collaborate to identify locations for a focused operations assessment. The study budget includes
$10,000 for this focused traffic operations assessment. This information will be summarized in a matrix
for City staff review and comment.
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City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
To comply with SB 743, the City will need to make a series of decisions about how to change current
transportation impact analysis and shift to the use of VMT. The City will need to address questions
related to VMT analysis methodologies, thresholds, and feasible mitigation measures. As part of the
decision making process, we would work with staff to consider the following questions.
1. Does the City want to follow the VMT analysis recommendations developed by OPR for SB
743 implementation? If not, substantial evidence will be needed to support the City's
preferred analysis approach, forecasting methodology, thresholds, etc.
2. How should VMT analysis methodology be coordinated across the air quality, energy,
greenhouse gas, and transportation sections of CEQA environmental documents for the
general plan and subsequent projects? OPR recommends that SB 743 VMT analysis focus on
automobile VMT only for individual land uses and trip types. In contrast, current practice for
estimating VMT for the other environmental subjects above is to account for all VMT
associated with a proposed project.
To help the City answer these questions, Fehr & Peers will prepare VMT per capita and/or VMT per
service population forecasts using the new TAM travel demand model. Because the TAM travel model
pivots off the MTC regional model, it meets OPR recommendations to base VMT calculations on the
regional travel model. It should be noted that VMT forecasts from the MTC model do not account for
trips made to or from locations outside the nine Bay Area counties, and adjustments should be made to
the final VMT forecasts to account for all trips as recommended by OPR.
LOS and VMT Analysis
We understand the City of San Rafael would like to explore its options with respect to measuring project
impacts and monitoring performance of its roadway network. These options could include continued
use of LOS on roads outside of Downtown and other transit-oriented zones for planning purposes, or a
citywide shift to VMT for all future traffic analysis. Therefore, we propose completing both a VMT
analysis, in compliance with SB 743, and LOS analysis as part of this project.
Based on the forecasts prepared as described above, Fehr & Peers will conduct roadway segment LOS
for the cumulative and cumulative plus project scenario to determine if changes in the current
circulation element network (i.e., number of travel lanes) are required to meet existing LOS thresholds.
Potential modifications to current LOS policy thresholds will also be discussed. As a result of the LOS
analysis described above, Fehr & Peers will identify future roadway modifications to meet the desired
transportation thresholds and metrics. We will prepare conceptual cost estimates for this list of
projects, either through updating previous cost estimates or preparing new ones, as described in Task
4.5 below. We will work with the City to determine the extent to which identified projects may be
added to a list of planned improvements or are determined infeasible due to fiscal constraints.
Task 4.3 Greenhouse Gas (GHG), Air Quality, and Noise Analyses
Fehr & Peers will prepare 2040 VMT forecasts for the preferred plan for distribution to the project team
for use in calculating impacts on GHGs, air quality, and noise. We will also provide a summary of the
methodology used to develop the VMT forecasts based on OPR SB 743 guidance, which differs from
common methods used to calculate GHG emissions (e.g., RTAC methods only account for one-half of
IX/XI trips in VMT calculations).
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City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
Task 4.4 Focused Analysis for the Downtown Precise Plan Area
Downtown Precise Plan Analysis
Fehr & Peers will prepare a multimodal analysis of the Downtown Plan Area . The focus of this effort will
be to identify transportation policies to support planned development in the Downtown Area including a
revised LOS policy and policies related to the allocation of future street right-of-way, commercial
loading, curbside management, travel demand management, and transportation management
strategies related to downtown facilities. This includes consideration of how transportation facilities will
be affected by emerging transportation trends such as Transportation Network Companies (Uber, Lyft,
etc.) and autonomous vehicles.
The white paper will document the Downtown Plan Area's existing conditions based on available data,
including locations of signalized intersections, transit stops and ridership, bicycle network, and existing
traffic patterns . Additionally, using available data from City and/or transit agencies, we will include the
existing mode splits.
Downtown Parking Analysis and Policy Strategy
Fehr & Peers will develop a parking policy strategy based on a review of the recently completed
Downtown Parking and Wayfinding Study as well as the preferred General Plan land use study and
community input. The focus of the effort will be to identify parking and loading policies that both
support planned growth, are consistent with the General Plan vision, and account fOi current and
emerging transportation trends.
Task 4 .5 Conceptual Planning Level Transportation Cost Estimates
Fehr & Peers will develop conceptual planning level cost estimates for the transportation projects
identified in Task 4.2. Our cost estimates will be developed using Caltrans cost data or other relevant
data from recent projects in the City (if available) or from other Bay Area projects. Costs will include an
estimate of construction costs, soft costs, and contingency based on the guidance in the Caltrans project
development manual or per direction from City staff.
For corridor improvements, we will develop costs on a lineal distance basis for typical corridor
improvements (e.g. roadway widening) based on the various corridor improvements identified in the
previous tasks. For intersection improvements, we will develop costs on a per location basis, likely
including a base cost of signal upgrades with roadway spot improvements (e.g. turn pocket installation
or widening at intersection approaches).
Our estimates will not include costs for right of way acquisition. We will document our assumptions for
cost components where applicable. Fehr & Peers will provide the City with our draft assumptions for
cost items and unit costs for review and concurrence prior to finalizing our cost estimates. A discussion
of likely funding shortfalls and the types of projects that should be eligible for TIF funding will be
included.
Task 4 Deliverables
• 2040 VMT and Network Forecasts for 3 Alternatives and the Preferred Plan
• Downtown Multi-modal Access & Connectivity White Paper
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City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
• Downtown Parking Analysis & Policy White Paper
• Conceptual Planning Level Transportation Cost Estimates
Task 5. Participate in Drafting General Plan Transportation Element and EIR
Task 5.1 Transportation Element
We understand that we will not be responsible for preparing the Transportation Element of the General
Plan or the Transportation Section of the Downtown Precise Plan; however, we will assist the Consultant
team in developing polices and action programs for inclusion in the Plans. We have allocated
approximately eight hours of consultant time to review and provide comment on transportation policies
developed by City staff.
As part of our input, we anticipate providing input on LOS and VMT related policies. These policies
would focus on setting VMT reduction targets that could also be used as CEQA impact significance
thresholds and defining the range of potential feasible mitigation measures. The input will be informed
by community input on the Existing Conditions Report. This initial VMT information will demonstrate the
level of forecasted VMT reduction based on the projected population and employment growth in the
Land Use Element and the planned transportation network expansion in the Transportation Element.
This information is intended to help the City determine an appropriate level of VMT reduction for
mobile greenhouse gas emissions, mobile air pollutant emissions for air quality purposes, and individual
land use and transportation projects in compliance with SB 743.
General Plan guidance requires that the Transportation Element be financially constrained. We will
conduct this assessment in collaboration with City staff based on a combination of construction costs for
new improvements, deferred maintenance backlog, and ongoing operation and maintenance costs for
the entire transportation system (i.e., roadways, transit, lighting, utilities, etc.).
Task 5.2 General Plan and Precise Plan EIR
Fehr & Peers will prepare the Administrative Draft EIR for the General Plan and Precise Plan. The
transportation section for the ADEIR will cover topics related to the roadway, transit, bicycle, pedestrian,
and truck components of the transportation system. Based on comments received from City staff, we
will prepare the transportation section of the Draft EIR. We will provide input into this process as
needed to ensure the section is complete, accurate, and legally adequate.
Potential significant impacts will be measured based on changes to baseline conditions that occur under
the cumulative plus project scenario consistent with CEQA Guidelines Section 15125 (a) and considering
the City's transportation impact significance thresholds. If possible, we recommend that thresholds for
the General Plan EIR be developed/confirmed by City staff prior to starting the environmental impact
analysis and be adopted according to CEQA Guidelines Section 15064.7. If the project schedule does not
allow for this approach, then we will apply the same thresholds used in previous City of San Rafael EIRs.
The potential compliance with SB 743 could complicate this approach if the City wants new SB 743
thresholds for the General Plan EIR. The approach to transit, bicycle, pedestrian, and truck impact
evaluation will be qualitative and generally rely on potential disruptions to these system components
that could be caused or exacerbated by the proposed project. At this time, the specific approach for
roadway network impacts is somewhat uncertain given the potential role of SB 743 compliance. As
Caltrans is now requesting VMT analysis instead of LOS analysis based on their interim SB 743 guidance,
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City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
we are including sufficient time for this task to include LOS analysis for the cumulative no project and
plus project scenarios for 40 road segments (with the exception of freeway facilities per the Caltrans
interim guidance noted above), as well as VMT analysis.
We will also address CEQA Guidelines Section 15125 (d) requiring an analysis that examines
inconsistencies between the currently adopted general plan and the proposed plan by comparing
transportation network performance differences between the cumulative no project and cumulative
plus project scenarios. These differences do not constitute impacts, as impacts will be determined as
described above, but the information is required to be disclosed for CEQA purposes.
Task 5 Deliverables
• Draft polices for consideration in the Transportation Element of the General Plan and
Downtown Precise Plan
• Prepare an admin draft, screencheck draft, and public review draft DEIR Transportation
Chapter for inclusion in the Combined General Plan/ Precise Plan EIR
Task 5.3 Traffic Mitigation Fee Update
Fehr & Peers will assist the City in development of an updated Traffic Mitigation Fee that can be
adopted concurrently with the General Plan. The Fee would facilitate development of the capital
projects identified in the General Plan and EIR, and provide a tool for assigning a fair share of future
improvement costs to future development. It would also reduce the need for (and scope of) future
traffic studies for projects that are consistent with the General Plan and Downtown Precise Plan.
The scope for this update to the Traffic Mitigation Fee includes both a nexus analysis and a fee
calculation. The revised traffic mitigation fees will be determined on a "per trip" basis. If desired, we will
work with City staff to identify fee districts that reflect the different trip making characteristics for land
uses based on their proximity to transit service, land use density, network characteristics (i.e.,
walkability), etc. If the City decides in the future to consider basing the fees on another metric such as
VMT, Fehr & Peers will develop a revised work plan and budget for that effort. For the nexus analysis,
we will develop a draft system of roadway improvements for review by City staff. After review by City
staff, we will conduct one additional model run to finalize the roadway network improvements and
generate final travel demand output for the nexus analysis. The information will be used to determine
the preliminary fair-share cost contribution from each district for the fee program's selected
improvements as well as a preliminary list of potential existing deficiencies.
We will assist City staff in calculating the transportation impact fee based on the nexus analysis results.
As noted previously, we will identify the impact fee per trip based on the nexus analysis, cost estimates
prepared in Task 4.5, and available other funding identified in Task 3.2. This task includes the
development of up to three alternative impact fee structures to allow testing of how different
methodology can affect the distribution of cost between different land use types.
Task 6. Plan Adoption
Fehr & Peers will assist the Project team in preparing response to comments and attending public
hearing meetings.
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City of San Rafael General Plan 2040 & Downtown Precise Plan
Transportation Technical Support
Attachment A
WORK PLAN
January 8, 2019 version
Task 6.1 Response to Comments
Fehr & Peers has assumed up to 16 staff hours to prepare responses to transportation related
comments on the Draft EIR.
Task 6.2 Public Hearings
Fehr & Peers will attend up to two public hearings before the Planning Commission and two hearings
before the City Council. Fehr & Peers will be available to present and/or respond to comments by City
Council, Planning Commission, and/or City staff as requested.
Task 6 Deliverables and Activities
• 16 staff hours to respond to EIR comments
• Attendance at up to four public hearings for the Plan's Adoption
Task 7. Project Management and Ad ministration
Fehr & Peers will keep the Project Team informed over the course of the project as to the status of the
analysis as well as set-aside time for regular conference calls to provide updates on data requests,
analysis, etc. As such, we propose the inclusion of recurring coordination calls as needed. We have
assumed up to 18 check-in/coordination calls with the Consultant Project Manager over the course of
the Project. Further, we assume that we will prepare for and participate in up to four in -person
meetings with the Project team over the course of the study.
Task 7 Deliverables and Activities
• Up to 18 check-in/coordination calls
• Up to 4 in-person meetings
• Monthly invoices and progress reports
A-10
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1. Reconnaissance 4 0 2 6 2 2 16 $3,240
2. Community Engagement 16 0 4 10 0 8 38 $8,850
3. Data Collection & Exiting 26 24 52 88 100 20 310 $54,570 Setting
4. 2040 Transportation 22 Forecasts
28 64 106 220 22 462 $75,310
5. Draft Transportation Element 12 0 24 56 200 0 292 $43,820 & EIR
6. Plan Adoption 14 0 14 4 4 0 36 $8,530
7. Project Management & 32 0 0 0 0 48 80 $17,200 Administration h
Traffic Mitigation Fee Update 24 32 40 48 48 12 204 $39,100 (Task 5.3)
Labor Totals 750 84 200 318 574 112 1,438 $250,620
Direct Costs (communications, travel, reproduction, etc.) $9,380
Total Budget $260,000
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development
Project Manager: Ethan Guy
Extension: x2392
Contractor Name: Fehr & Peers Associates, Inc.
Contractor's Contact: Bob Grandy
Contact's Email: B.Grandy@fehrandpeers.com>
D FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word} & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approva l
*PSA > $75,000; or Purchas e> $75,000; or
Public Works Contract > $175,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts}
8 City Manager/ Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
1/7/2019
1/7/2019
1/8/2019
1/8/2019
1/10/2019
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1/22/2019
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