HomeMy WebLinkAboutCC Resolution 13667 (Corp. Center Environmental Planning)RESOLUTION NO. 13667
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
KIMLEY-HORN AND ASSOCIATES, INC. FOR ENVIRONMENTAL PLANNING TO
PROVIDE CEQA GUIDANCE AND PREPARE AN INITIAL STUDY FOR AMENDMENTS
PROPOSED AT THE SAN RAFAEL CORPORATE CENTER PROJECT
(Term of Agreement: from January 21, 2014 to July 21, 2015, for an amount not to Exceed $90,000)
WHEREAS, in 1998 the City of San Rafael approved PD (Planned Development) District
zoning, an Environmental and Design Review Permit, a Conditional Use Permit and a Development
Agreement for the San Rafael Corporate Center Project (formerly Fair, Isaac). The approvals
authorized redevelopment of a 15.54 -acre site located south of Second Street with a 406,000 square -
foot office park; and
WHEREAS, the planning approvals granted for the San Rafael Corporate Center were subject
to environmental review. An Environmental Impact Report (EIR) was prepared for this project and
was certified by the City Council in January 1998; and
WHEREAS, the owner of the San Rafael Corporate Center project site, Seagate Properties,
and a major tenant at the center, BioMarin, are considering changes to the center that would entail
construction of additional building area for research and development use. This revised project will
require environmental review; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA),
the revised development project will require environmental review, which will involve the preparation
of an Initial Study to analyze the potential impacts and determine their level of significance; and
WHEREAS, Kimley-Horn and Associates, Inc. has prepared a proposal for services to provide
CEQA guidance to the City and prepare the Initial Study required by the California Environmental
Quality Act (CEQA), which is provided as Exhibit "A"; and
WHEREAS, the proposal for services includes a not -to -exceed budget of $90,000, which
includes completion of all necessary tasks through completion of Initial Study and includes an optional
parking study in the amount of $8,000; and
WHEREAS, the developer has agreed to pay all consultant costs associated with the
preparation of the EIR plus the City's EIR administration fee of 25%.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement
for Professional Services with Kimley-Horn and Associates, Inc.
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BE IT FURTHER RESOLVED, the Agreement is subject to approval as to form by the City
Attorney.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City
held on Tuesday, the 21 S` day of January, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
IZ2949e•fie".
ESTIIER C. BEMNE, City Clerk
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AGREEMENT FOR PROFESSIONAL SERVICES WITH
KIMLEY-HORN AND ASSOCIATES, INC. FOR CEQA GUIDANCE AND INITIAL
STUDY FOR LAND USE ENTITLEMENT AMENDMENTS PROPOSED AT THE SAN
RAFAEL CORPORATE CENTER PROJECT
This Agreement is made and entered into this 21" day of January 2014, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and KIMLEY-HORN AND ASSOCIATES, INC
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the property owner and a major tenant at the San Rafael Corporate Center
have expressed their interest in pursuing changes to the adopted master plan for the center; and
WHEREAS, CONTRACTOR has submitted its proposal for the performance of
professional planning services, which is attached hereto as "Attachment A" and incorporated by
reference herein; and
WHEREAS, CITY desires to retain CONTRACTOR to perform professional services
necessary to render advice and assistance to the CITY, the CITY's Planning Commission, City
Council and staff in the environmental review process in accordance with the California
Environmental Quality Act (CEQA), which in this phase would include providing CEQA guidance
and preparation of an Initial Study; and
WHEREAS, CONTRACTOR represents that it is qualified to perform such services and
is willing to perform such professional services as hereinafter defined.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Planning Manager 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. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Laura Worthington -Forbes of Kimley-Horn, 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.
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2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide professional services under the
supervision of the Planning Manager, as described in the "Scope of Work to Provide CEQA
Guidance and an Initial Study for the Proposed New Research and Development Facility at the San
Rafael Corporate Center" attached here to as "Attachment A".
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone
and computer facilities. CITY shall provide CONTRACTOR with copies/sets of project plans and
materials, historical files on this development, local plans, ordinances and reports that are pertinent
to the project that has been assigned to the CONTRACTOR. The CITY shall provide
CONTRACTOR with supervision and direction on processing the development application in
accordance with local procedures.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR a lump sum fee of $90,000.00, invoiced monthly based upon the overall
percentage of services performed. This amount includes an estimated amount of $6,650 for direct
reimbursable expenses (such as delivery services, copying and other direct expense billed at 1.15
times cost) as well as an optional task of preparation of a parking assessment for the project if
desired by the developer/owner in the amount of $8,000.00.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 18 months commencing on January 21, 2014 and
ending on July 21, 2015. Upon mutual agreement of the parties, and subject to the written approval
of the City Manager, the term of this Agreement may be extended for an additional period of 12
months.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
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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.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall become the sole property of CITY upon
completion of the services and payment in full of all monies due to the Contractor. CITY may use
said property for any purpose, including projects not contemplated by this Agreement. Any
modifications made by Client to any of the Consultant's documents, or any use, partial use or
reuse of the documents, for purposes other than identified in this Agreement, without written
authorization or adaptation by the Consultant will be at the Client's sole risk and without liability
to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from
all claims, damages, losses and expenses, including but not limited to attorney's fees, resulting
therefrom.
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. 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.
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2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence.
B. The insurance coverage required of the CONTRACTOR by section 10. A.,
shall also meet the following requirements:
1. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance
policies shall be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and
noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form
CG20 0104 13.
3. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
4. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) days written notice to CITY's PROJECT MANAGER.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's
compensation insurance shall be specifically endorsed to waive any right of subrogation against
CITY.
D. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement)
before CITY'S own insurance or self-insurance shall be called upon to protect it as a named
insured.
E. It shall be a requirement under this Agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirements and/or limits
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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.
F. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not
reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall
provide or be endorsed to provide that the SIR may be satisfied by either the named insured or
CITY or other additional insured party. At CITY's option, the deductibles or self-insured
retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or
CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations,
claims administration, attorney's fees and defense expenses.
G. CONTRACTOR shall provide to the PROJECT MANAGERor City Attorney: (1)
Certificates of Insurance evidencing the insurance coverages required in this Agreement; (2) a copy
of the policy declaration page or endorsement page listing all policy endorsements for the
commercial general liability policy, and (3) excerpts of policv lan2uaLre or specific endorsements
evidencinLy the other insurance reauirements set forth in this ALyreement. CITY reserves the
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise
it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and
the City Attorney.
11. INDEMNIFICATION.
A. CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release,
defend, with counsel approved by the CITY, and hold harmless the City Indemnitees CITY, its
officers, agents, employees and volunteers from and against any claim, demand, suit, judgment,
loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and
all other costs and fees of litigation, (collectively "CLAIMS" that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the
performance of its duties and obligations under this Agreement or its failure to comply with any
of its obligations contained in this Agreement, except any such CLAIM which is caused by the
sole negligence or willful misconduct of CITY.
B. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
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.
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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:
TO CITY: Raffi Boloyan, Planning Manager
City of San Rafael
1400 Fifth Avenue (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Laura Worthington -Forbes
Kimley-Horn and Associates, Inc.
100 West San Fernando St, Site 250
San Jose, CA 95113
16. INDEPENDENT CONTRACTOR.
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.
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17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
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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. CONTRACTOR's taxpayer
identification number is 56-0885615, and CONTRACTOR certifies under penalty of perjury that
said taxpayer identification number is correct.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
"A" L i4kaJtle PE
_ By: PE C(A VA
NANCY MACkLE, City Manager A'
Name: 1 "1
ATTEST:
.12
STHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
2rE
ROBERT F. EPSTEIN, Ci Attorn
Title: e" IDP.
KHACA
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Attachment:
A Scope of Work to Provide CEQA Guidance and an Initial Study for the Proposed New
Research and Development Facility at the San Rafael Corporate Center, December 11, 2013
Page 8 of 8
.., Kim ey- orn
and Associates, Inc.
December 11, 2013
Mr. Paul Jensen
City of San Rafael
Community Development Department
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
M
100 West San Fernando
Street, Suite 250
San Jose, California
95113
RE: Scope of Work to Provide CEQA Guidance and an Initial Study for the
Proposed New Research and Development Facility at the San Rafael
Corporate Center.
Dear Mr. Jensen:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased
to submit this letter agreement (the "Agreement') to the City of San Rafael
("Client') to provide City Staff with the necessary strategic support and guidance
In development of a CEQA strategy and "roadmap" for the proposed expansion
of the San Rafael Corporate Center (SRCC). This first phase of assistance will
result in preparation of an Initial Study and supporting technical analyses.
Project Understanding
The SRCC campus is bounded by Anderson Drive on the south, 2nd Street and the
San Rafael to the north and Lincoln Avenue to the east. Located on the southern
edge of Downtown San Rafael, the site is nearly built out. The site underwent
extensive environmental review and corresponding CEQA entitlement for
development of a 406,000 square foot office campus for Fair Isaac in late 1997.
Since that time, four of the five proposed buildings and one 3 -story parking
garage have been constructed on the approximate 15 -acre site. Supplemental
environmental documents have been prepared over the years to allow for
limited medical office use of the site. To maintain traffic levels of service,
medical office space has been restricted to 68,000 square feet of the 406,000
square feet of development approved onsite.
Approximately two years ago, Seagate Property purchased the site. In
collaboration with their existing tenant, BioMarin, Seagate Property is proposing
the addition of 85,000 square feet of research and development space (inclusive
of related office and support space) in a new building on the western surface
parking lot of the SRCC Campus. It is anticipated that the lab building would have
a
TEL 669 800 4130
Kinl(ey-Horn Mr. Paul Jensen, December 11, 2013, Page 2
i
I ,....... and Associates, Inc.
an architectural vernacular and design features similar to those of the existing
onsite buildings. It is anticipated that the project application will both include
and address a high level of sustainable design features and would be designed to
minimize impacts to the site and surrounding downtown area. As part of the
overall campus development, it is anticipated that additional structured parking
would be provided to meet the appropriate parking supply required by the City.
The purpose of this scope of work is to define certain tasks requested by the
Client necessary to meet CECIA compliance requirements for preparation of an
initial Study.
Anticipated entitlement actions include the following:
Amendment to the PD Zoning and Master Use Permit
* Design Review Permit
* One (or more) Map Amendments
;h Environmental Clearance (MND or EIR)
Scope of Services
The scope of services is provided as follows:
Task 1- initial Study
Task 1.1—Prepare initial Study
Kimley-Horn will complete the initial Study in accordance with CECIA Guidelines
Section IS063 and Initial Study Checklist (Appendix G) in the CEQA Guidelines
and in accordance with City of San Rafael format/procedural requirements.
Based on our prior experience working with City Staff, we fully anticipated that
the Scope of the Initial Study will be thoroughly reviewed by and with City Staff
to ensure concurrence on approach, completeness, and to verify/validate
current Initial Study format and procedures.
The Initial Study will form the basis for the Environmental Analysis discussion in
what is anticipated to be subsequent preparation of either a Mitigated Negative
Declaration (MND) or Environmental Impact Report (EIR). it will provide the
necessary background for determining the potential for significant
environmental effects associated with the proposed Project.
To achieve the objective of defensible impact determinations and to meet City
requirements, the Initial Study must be thorough. Each of the topics identified
on the environmental assessment form contained in the State CECIA Guidelines
will be evaluated to document the nature and extent of any potential
environmental consequences and the need for mitigation. Many of the issue
areas addressed in the Initial Study will not have the potential for significant
effects (i.e., "No Impact" or "Less than Significant impact") due to the nature of
the proposed Project and extent of previous environmental
analysis/documentation that has been prepared for the site. However, the
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.� �' 6 Im ey- om Mr. Paul Jensen, December 11, 2013, Page 3
_.. and Associates, Inc.
document will address any potential impacts under all environmental issues. The
specific purpose of the analysis in the Initial Study will be to identify all
potentially significant adverse environmental impacts and incorporate mitigation
measures to reduce or eliminate any adverse consequences.
Kimley-Horn will prepare a draft Initial Study document to include the following
sections:
Introduction. This section will introduce the Initial Study, describe the
purpose of the Initial Study and determination for the preparation of
subsequent environmental documentation (MND or EIR) and will provide a
brief summary of the findings of the Initial Study.
❖ Environmental Setting. The environmental setting will describe existing
physical setting and characteristics of the project site, as well as the setting
and character of adjacent land uses and the surrounding area.
+ Project Description. The project description will provide a detailed, yet
concise, description of the proposed Project. The purpose and need for the
project will be clearly stated, along with the anticipated (community)
benefits of the proposed Project. Any discretionary actions needed to
implement the project will be identified.
Environmental Analysis. This section will provide an expanded discussion of
the environmental Issues as presented In the Environmental Initial Study
checklist. Each checklist question will be presented along with a response.
A statement will be provided to clearly support the checklist response to
each question. References used as the basis for the analysis will also be
listed after each response. As noted below, several technical studies to
support the Initial Study will be prepared. These are limited to: Air Quality,
Noise, Greenhouse Gas Emissions and Visual Simulations. All other topical
areas of the Initial Study will be thoroughly addressed.
Mandatory Findings of Significance. This section of the document will
provide a discussion of the project's impacts, as they relate to the
mandatory findings of significance under CEQA. Similar to the discussion in
the Environmental Analysis section, a response will be presented for each of
the Mandatory Findings of Significance questions, as found in the Initial
Study Checklist. Any mitigation measures developed to reduce adverse
impacts will also be identified, to support the determination of a Mitigated
Negative Declaration.
Appendix. The Environmental Initial Study checklist will be included as
an appendix to the document, along with any developer -provided
Technical Studies. At this time, it is anticipated that all supporting
technical studies will be provided by the Project Applicant and that no
mley Mr. Paul Jensen, December 11.ZDl3,Page 4
and Associates, Inc.
°new"technica| studies, not otherwise contemplated by the Applicant
will be required to support preparation of an MND.
Given the scope and location of the expansion Project, we are appropriately
assuming site development activities would occur within a fully-
developed/urbanized area of the City. Thus, the
uUy'dexe|oped/urbanize6aneaoftheQty.Thus,the technical studies will belimited
to the topical areas noted below (including Air Quality, Greenhouse Gas
Emissions, and Noise). Other topical areas will be addressed as discussed below
(including Aesthetics, Public Sen/ices, Utilities, Traffic, Hazardous
Materials/Hazards, Hydrology/Water Quality, Geology and Soils). Topics not
specifically mentioned below (e.g. Agriculture/Forestry, Biological Resources,
Cultural Resources, Mineral Resources, Population and Housing and Recreation)
will be addressed in the Initial Study, but based on the previously certified 1997
E|R are anticipated to result in no new/ impacts as a result of the Proposed
Project.
^�
Aesthetics. The visual and aesthetic impacts ofthe proposed project will
be analyzed in this section of the Initial Study. KHA will describe the
existing visual conditions of the site, including a discussion of views
within the project site and views from surrounding areas tothe site and
the expected changes that xvum|d result from development of the
proposed project. KHA will provide up to 6 computer/photographic
graphic simulations utilizing existing architectural and site as -built
information provided by the Client. Images will show the proposed
building and site construction from a variety ofviews and site context.
All views will beapproved bythe Client prior tographic production. KHA
will provide one (1)round ofrevisions based upon Client comments.
KHA will also address potentially significant impacts generated by the
introduction oflight and glare associated with the development ofthe
proposed project. This analysis will include adiscussion oflight and glare
impacts on neighboring sensitive uses from streetlights, vehicle
headlights, building lights, nighttime building illumination and security
lighting, and other relevant sources. KHA will review and incorporate
existing City policies and guidelines regarding light and glare inthe Initial
Study. The Initial Study will identify the potential visual impacts and
recommend mitigation measures toreduce impacts.
-2, Public Services. Impacts topolice and fire protection, schools and other
public facilities asaresult ofexpansion o[the Corporate Campus will be
analyzed inthis section ofthe Initial Study. KHA will describe the existing
public services, including fire and police stations that serve the site, and
the ability to meet or maintain target emergency response times. KHA
will review and incorporate existing City policies and guidelines
regarding public services in the Initial Study. The |nh|a\ Study will
r• Y" Kimley-Horn Mr. Paul Jensen, December 11, 2013, Page 5
......., ; _..u...:�... .. and Associates, Inc.
identify the potential impacts to public services and recommend
mitigation measures to reduce impacts.
Utilities. Public utilities, including water resources, wastewater, storm
drainage, and solid waste impacts as a result of the proposed project
will be analyzed in this section of the Initial Study. KHA will describe the
existing public utilities, including wastewater collection capacity and
treatment, storm drainage system, water supply, and solid waste
management and the impacts that would result from implementation of
the project. KHA will review and incorporate existing City policies and
guidelines regarding public utilities in the Initial Study. The Initial Study
will identify the potential impacts to public utilities and recommend
mitigation measures to reduce impacts.
•z Traffic. The traffic impacts of the proposed project will be analyzed in
this section of the Initial Study. KHA understands that the Applicant has
engaged Fehr & Peers to prepare a trip generation analysis that will be
submitted to the City's Traffic Engineer. The City Traffic Engineer will
utilize this information to input into the City's model. The results of the
model runs will be provided to KHA to utilize in preparation of the Initial
Study analysis. This scope has been prepared in the event that the
Department of Public Works does not prepare the level of service
analysis. In addition, we have assumed that the City will not prepare the
CMP level analysis. Therefore, we anticipate studying five (5)
intersections, including CMP designated intersections. KHA will describe
the existing traffic conditions of the site, including site ingress/egress,
site circulation within and proximate to the site, the roadway network
serving the site and the expected changes that would result from
development of the proposed project. KHA will review and incorporate
existing City policies and guidelines regarding traffic in the Initial Study.
The Initial Study will identify the potential traffic impacts and
recommend mitigation measures to reduce impacts. The following
scenarios will be analyzed:
Existing Conditions
Baseline Conditions
Baseline Plus Project
General Plan Plus Project Buildout (Cumulative)
As an "optional' task, KHA will work with the project applicant to
develop an overall strategy for project connectivity to the surrounding
downtown roadway and transit network, including providing
connectivity for pedestrians and bicycles, as well as recommending
specific design elements that facilitate more efficient project
sustainability. This option also includes preparation of a parking
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assessment to validate/verify parking demand, parking (structure)
capacity, and parking ratios utilized to assess parking requirements.
❖ Hazards/Hazardous Materials. Based on the preparation of the 1997
Draft and Final EIR, KHA will utilize the information in the previously
certified EIR regarding the project site historical uses and remedial
actions taken on the west parcel by the Regional Water Control Board
(RWQCB) and Department of Toxic Substances Control (DTSC). Our
scope of work assumes that an updated geotechnical technical report
will be prepared for the site by others, which will address any relevant
updates or concerns relative to the protecting the structural integrity of
the onsite landfill cap, slurry walls and groundwater monitoring wells.
KHA will incorporate the findings from this geotechnical report and
describe the impacts that would result from development of the
proposed project. KHA will review and incorporate existing City policies
and guidelines regarding hazardous materials in the Initial Study. The
Initial Study will identify the potential hazardous materials impacts and
recommend mitigation measures to reduce impacts.
❖ Hydrology/Water Quality. The hydrology and water quality impacts of
the proposed project will be analyzed in this section of the Initial Study.
KHA will describe the drainage collection and conveyance systems,
existing flood hazards and control facilities, and water quality, and the
impacts that could result from implementation of the project. KHA will
review and incorporate existing City policies and guidelines regarding
hydrology/water quality in the Initial Study. The Initial Study will identify
the potential impacts to hydrology/water quality and recommend
mitigation measures to reduce impacts.
Land Use and Planning. Given the entitlement actions being requested
by the Project Applicant (as noted above), KHA will focus this section of
the Initial Study on whether or not the 85,000 square foot increase in
development area will result in conflicts with applicable San Rafael
General Plan and Zoning Ordinance policies and/or development
guidelines for the project site. These include development policies or
guidelines specific to the Lindaro Office District, Downtown urban design
policies, zoning, FAR and height provisions, as well as applicable
ordinances. Impacts are anticipated to be less -than -significant,
however, given the increase in site development density in concert with
the City's update to the General Plan subsequent to the original
approvals, this topic warrants an updated discussion in the Initial Study.
Geology and Soils. Utilizing the updated Geotechnical Report prepared
by the Project Applicant's geotechnical engineer, KHA will document the
existing site soil and geologic conditions. Any deviations from the
previously documented site impacts (as identified in the 1997 certified
EIR) will be identified and new and/or modified mitigation measures will
be recommended to address project conditions. Given the existing site
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conditions and corresponding regulatory oversight, KHA will focus
particular attention on the geotechnical reports attention to/measures
describing maintenance and protection of the onsite cap during
construction.
The following three (3) topical areas will be prepared as technical reports,
included as an Appendix to the Initial Study and relevant information
incorporated within the body of the Initial Study Checklist.
•S Air Quality. KHA's subconsultant, RBF Consulting will prepare the Air
Quality section of the EIR as follows:
Existing Conditions/Regulatory Framework. The project is located within
the San Francisco Bay Area Air Basin (SFBAAB), which is under the
Jurisdiction of the Bay Area Air Quality Management District (BAAQMD).
Baseline meteorological and air quality data developed through the
California Air Resources Board (CARB) will be utilized for the description
of existing ambient air quality. Air quality data from the nearest air
quality monitoring station will be included to help highlight existing air
quality local to the project area. The analysis will also describe and
address the requirements set forth by the BAAQMD CEQA Air Quality
Guidelines. The air quality analysis will be structured to address the
following questions from Appendix G of the CEQA Guidelines:
* Violate any air quality standard or contribute substantially to an
existing or projected air quality violation;
Expose sensitive receptors to substantial pollutant concentrations;
x Create objectionable odors affecting a substantial number of
people;
Conflict with or obstruct implementation of the applicable air quality
plan; and
Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is in nonattainment under an
applicable Federal or State ambient air quality standard (including
releasing emissions that exceed quantitative thresholds for 03
precursors.
Construction -Related Emissions. RBF will quantify construction
emissions with the California Emissions Estimator Model (CalEEMod). A
general description of the major phases of construction and their timing
will be required. The air pollutant emissions during construction will be
compared to the BAAQMD regional thresholds of significance. RBF will
also qualitatively discuss naturally occurring asbestos impacts.
Long -Term Emissions. RBF will quantify operational (i.e., area and
mobile source) emissions and provide a comparison to the BAAQMD
regional thresholds of significance. The emissions will be quantitatively
derived utilizing CaIEEMod. Primary sources of emissions will be related
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to area sources and local/regional vehicle miles traveled. Project
consistency with the latest BAAQMD Clean Air Plan will be evaluated.
Toxic Air Contaminants. Per the BAAQMD requirements, the analysis
will address toxic air contaminants based on the following criteria:
The proximity of the toxic air contaminants to sensitive receptors;
* The likelihood and potential level of exposure; and
The degree to which project design will reduce the risk of exposure.
❖ Greenhouse Gas Emissions/Global Climate Change KHA's
Subconsultant, RBF Consulting will review project land use data and will
prepare an inventory of the greenhouse gas (GHG) emissions (i.e.,
nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area
and mobile sources) and indirect sources (i.e., energy/water
consumption and wastewater/solid waste generation). Construction
related GHG emissions will also be quantified and evaluated. The
emissions inventory will be quantified with CaIEEMod. Impacts will be
determined based on compliance with a City's Climate Change Action
Plan (April 2009) as well as with applicable policies within the
Sustainability Element of the General Plan. Depending on the project's
consistency with the City's Climate Change Action Plan and Sustainability
Element, RBF may analyze the project's GHG emissions in relation to
BAAQMD significance thresholds. Due to the City's potential for sea
level inundation as identified in the Sustainability Element, the analysis
will also address the susceptibility of the project site to sea level rise.
The climate change analysis will be structured to address the following
questions from Appendix G of the CEQA Guidelines:
Generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment; and
Conflict with an applicable plan, policy or regulation adopted for the
purpose of reducing the emissions of greenhouse gases.
This task accommodates revisions based on one consolidated set of
comments. Additional comments can be addressed on a time and
materials basis. The draft Air Quality/GHG Study can be completed with
three weeks of receipt of the above requested items. The study will be
provided in electronic format only (pdf and Microsoft Word). This scope
excludes meetings/hearings.
❖ Noise. KHA's subconsultant, RBF Consulting will prepare the Noise
section of the EIR as follows:
Existing Conditions/Regulatory Framework. RBF will review applicable
noise and land use compatibility criteria for the project area. Noise
standards regulating noise impacts will be discussed for land uses on
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and adjacent to the project site. RBF will conduct a site visit throughout
the project site. During the site visit, RBF will conduct short-term noise
level measurements along the project area. The noise monitoring
survey will be conducted at up to three separate locations to establish
baseline noise levels in the project area. Noise recording lengths are
anticipated to require approximately 15 minutes at each location. The
noise analysis will be structured to address the following questions from
Appendix G of the CECIA Guidelines:
Expose persons to, or generate noise levels in excess of standards
established in the local general plan or noise ordinance, or
applicable standards of other agencies;
Expose persons to or generate excessive ground borne vibration or
ground borne noise levels;
x Result in a substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project;
Result in a substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing without the
project;
.: For a project located within an airport land use plan or, where such
a plan has not been adopted, within two miles of a public airport or
public use airport, expose people residing or working in the project
area to excessive noise levels; and
For a project within the vicinity of a private airstrip, expose people
residing or working in the project area to excessive noise levels.
Construction -Related Noise and Vibration. Construction would occur
during implementation of the proposed project. Noise impacts from
construction sources will be analyzed based on the anticipated
equipment to be used, length of a specific construction task, equipment
power type (gasoline or diesel engine), horsepower, load factor, and
percentage of time in use. The construction noise impacts will be
evaluated in terms of maximum levels (Lmax) and hourly equivalent
continuous noise levels (Leq) and the frequency of occurrence at
adjacent sensitive locations. An analysis of vibration impacts from
potential pile driving or drilling for the placement of piles will be based
on the Federal Transit Administration's vibration analysis guidance.
Analysis requirements will be based on the sensitivity of the area,
specific construction activities, and Noise Ordinance specifications.
Operational Noise Sources. On- and off-site noise impacts from
vehicular traffic will be assessed using the U.S. Federal Highway Traffic
Noise Prediction Model (FFIWA-RD-77-108). The 24-hour weighted
Community Noise Equivalent Levels (CNEL) will be presented in a tabular
format. On-site noise generating activities will also be addressed and
analyzed for potential impacts to the adjacent uses.
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This task accommodates revisions based on one consolidated set of
comments. Additional comments can be addressed on a time and
materials basis. The draft Acoustical Analysis can be completed with
three weeks of receipt of the above requested items. The study will be
provided in electronic format only (pdf and Microsoft Word). This scope
excludes meetings/hearings.
Project Deliverables: Draft Initial Study and Technical Appendices.
1.2 City Review
Once the draft Initial Study is completed, it will be submitted to the City for
review and comment. This task will ensure that the information provided in the
Initial Study relative to the project is accurate and that the Initial Study reflects
any modifications to the project which may have occurred during the time the
Initial Study was being prepared. We anticipate an "iterative" review process as
the City's process is fluid/dynamic and we recognize that the Applicant is still in
the process of refining the project design. Therefore, discussion/coordination
with staff from project inception through preparation of the Draft IS is critical.
This task assumes up to three rounds of revisions and up to three meetings with
the Client and/or City staff.
Project Deliverables: Revised Initial Study and Appendices.
Task 2 —Public Notices
If the Initial Study results in a determination that a Mitigated Negative
Declaration will be prepared, I(imley-Horn will prepare the OPR Notice of
Completion, Notice of Availability and Notice of Intent as part of this task.
Should the Initial Study conclude with a determination that an Environmental
Impact Report (EIR) is required, KHA will prepare the requisite Notice of
Preparation (NOP). Kimley-Horn will distribute the Notices and draft Initial Study
to City departments, responsible agencies and other interested parties to initiate
the public review period, but we assume that the City would be responsible for
posting and/or noticing in the local newspaper.
Project Deliverables: Notice of Availability
Notice of Intent
IS Mailing of Notices and IS
Project Deliverables: Responses to comment letters
Final Initial Study and MND
MMRP
Kimley- orn Mr. Paul Jensen, December 11, 2013, Page 11
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Task 3 — Project Team Meetings
Kimley-Horn will attend 3 pre -application and/or project team meetings with
City Staff and the Project Applicant (as appropriate) on the environmental
clearance for the project. This may include participation in the City's internal
department review process to minimize the number of follow-up meetings
and/or coordination necessary with City Staff relative to environmental topic
areas, thresholds and/or mitigation strategies.
Project Deliverables: Participation in three (3) face-to-face project team
meetings.
Services Not Included
Any other services, including but not limited to the following, are not part of this
Agreement.
■ Preparation of technical studies not addressed herein
■ Architectural/civil design services
■ Hazardous and remediation services
■ Franchise utility studies and/or design
■ Permitting, Coordination and/or meetings with resource agencies
■ Alternatives Analysis
Additional Services
Any services not specifically described in the above scope, as well as any
changes in the scope the Client requests, will be considered Additional Services
and will be performed at our then -current hourly rates. Prior to commencing the
Additional Services, Consultant shall obtain prior written approval of Client.
Additional services we can provide include, but are not limited to, the following:
• Preparation of parking assessment (may be added as an optional task)
• Preparation of specifications
• Preparation of materials for and/or attendance at Internal Client meetings
• Any other services not expressly included above
Assumptions:
KHA assumes that the following list of background reports, technical data and/or
plans will be provided by the Project Applicant:
• Updated ALTA
• Updated Geotechnical Report, including any relevant/required updates to
onsite remediation conditions
• Preparation of a trip generation/trip distribution analysis
• Traffic impact model runs (to be provided by City Staff)
y ELM pp Kimley-Hom
and Associates, Inc.
Mr. Paul Jensen, December 11, 2013, Page 12
• Justification for requested amendment to PD Zone and Master Use Permit
• Civil site plans illustrating site grading and drainage calculations
• Architectural renderings to support Design Review
• Site elevations (to support preparation of visual simulations)
• A detailed construction phasing and grading/excavation/paving quantities.
• Traffic data to include peak hour traffic counts, levels of service, and daily
trip generation data.
• A detailed listing of all water/energy
incorporated into the design. Any
should also be provided.
Fee and Billing
conservation measures that will be
planned sustainable project features
Kimley-Horn will perform the services in Tasks 1, 2 and 3 for the total lump sum
labor fee below. Individual task amounts are informational only. In addition to
the lump sum labor fee, direct reimbursable expenses such as express delivery
services, fees, air travel, and other direct expenses will be billed at 1.15 times
cost. All permitting, application, and similar project fees will be paid directly by
the Client.
Task 1 Initial Study/Technical Studies $ 68,850
Task 2 Public Notices $ 1,800
Task 3 Project Team Meetings 5 4.700
Total Lump Sum Fee $ 75,350
Optional Task: Parking Assessment $ 81000
Lump sum fees will be invoiced monthly based upon the overall percentage of
services performed. Reimbursable expenses will be invoiced based upon
expenses incurred. Payment will be due within 25 days of your receipt of the
invoice.
Closure
In addition to the matters set forth herein, our Agreement shall include and be
subject to, and only to, the attached Standard Provisions, which are
incorporated by reference. As used in the Standard Provisions, "Consultant"
shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the City
of San Rafael.
If you concur in all the foregoing and wish to direct us to proceed with the
services, please have authorized persons send us the City's standard contract for
review and execution. We will commence services only after we have received a
fully -executed agreement. Fees and times stated in this Agreement are valid for
sixty (60) days after the date of this letter.
Kimley-Horn
and Associates, Inc.
Mr. Paul.1cnscn, December 11, 2013, Page 13
We appreciate the opportunity to provide these services to you. Please contact
me if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC. /
� Y
Jim West P.E Laura Worthington -Forbes
Regional Vice President
S R
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,ate '�&1ae/wa��ate werztel'
December 16, 2013
Mr. Paul Jensen
Mr Raffi Boloyan
Community Development Department
Planning Division
P.O. Box151560
San Rafael, CA 94915-151560
RE: BioMarin / San Rafael Corporate Center
Dear Paul and Raffi,
DEC 1 WN 1 J
Thank you for your assistance in facilitating the potential amendment to the Master Plan covering
San Rafael Corporate Center. While these proposed revisions are very preliminary, we would like to
continue to move forward.
In order to facilitate this in the most efficient manner the ownership of San Rafael Corporate Center
and BioMarin will pay for the cost of the services of an outside planning service as well a the
outside consulting service necessary for the preliminary review of the environmental impact
statement. We acknowledge that these consultants will be formally retained by the City of San
Rafael and that all fees will be reimbursed by San Rafael Corporate Center and BioMarin at cost.
We have received the proposal from LAK Associates, LLC for planning services and Kimley-I Iorn
and Associates Inc. regarding the EIR. Please accept this letter as formal authorization to retain their
services and we will finalize whatever additional paperwork as may be required between the City
and San Rafael Corporate Center / BioMarin as soon as possible.
We look forward to working closely with you and your staff on this project. Please do not hesitate
to call with any further questions you may have.
Sincerely, /
Willis K. Polite Jr.
San Rafael Corporate Center
t-a""
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Dan Oppenheimer
BioMarin Pharmaceutical Inc.
GVP, Development & Portfolio Strategy
750 LINDARO STREET, SUITE 145 • SAN RAFAEL, CALIFORNIA 94901
(415)721-2222 • FAX(415)457-1450
ATTACHMENT 1