2008/12/16 City Council Resolution 2008-194RESOLUTION NO. 2008-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
APPROVING A FIFTH AMENDMENT TO THE AGREEMENT FOR SERVICES WITH
EIP ASSOCIATES REGARDING THE ENVIRONMENTAL IMPACT REPORT (EIR)
FOR THE SOUTHEAST SPECIFIC PLAN
WHEREAS, on October 14, 2003, the City Council approved an Agreement for Services
with EIP Associates ( "Agreement ") to prepare the required EIR for the Southeast Specific Plan
in the amount of $139,789.00;
WHEREAS, on March 8, 2005, the City Council approved Amendment Number One to
the Agreement in the amount of $12,000.00 to include additional tasks not factored into the
original agreement, increasing the total cost of the EIR to $151,789.00;
WHEREAS, on February 14, 2006, the City Council approved Amendment No. 2 to the
Agreement in the amount of $24,153.11 to include responses to City staff comments regarding
the first Administrative Draft EIR, additional analysis of US 101, preparation of the Notice of
Completion, and assemblage of background information, increasing the total cost of the EIR to
$175,942.11;
WHEREAS, on October 23, 2007, the City Council approved Amendment No. 3 to the
Agreement in the amount of $10,000.00 to, among other things, include printing of the Final EIR
and adding additional language to the document, increasing the total cost of the EIR to
$185,942.11;
WHEREAS, on March 11, 2008, the Fourth Amendment was approved by the City
Council to allow for the preparation of additional traffic analysis in the amount of $35,788.00,
increasing the total cost of the EIR to $221.730.11; and
WHEREAS, pursuant to CEQA guidelines section 15088.5 a lead agency is required to
recirculate an EIR when significant new information is added to an EIR. The additional traffic
analysis did demonstrate that new information would need to be added thereby requiring
recirculation. The proposed Fifth Amendment to the Agreement in the amount of $37,477.00 is
necessary to cover the cost of recirculation and increases the total cost of the EIR to
$259,207.11.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorize and approve the Fifth 'Amendment to the
Agreement with EIP Associates, a division of PBS &J, for the Southeast Specific Plan EIR
in the amount of $37,474.00 increasing the total cost of the EIR to $259,207.11 (not
including the City of Rohnert Park Administrative Fee of 20 %).
BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized and
directed to execute this Fifth Amendment on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park on this 16a' day of December, 2008.
CITY OF ROHNERT PARK
Mayor
RoHNERT rRR
ATTEST:
City
LIFoRNY6
BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BREEZE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Reso. No. 2008 -194
Page 2 of 2
FIFTH AMENDMENT TO THE AGREEMENT WITH EIP ASSOCIATES A DIVISION OF
PBS &J
FOR THE SOUTHEAST SPECIFIC PLAN EIR
This Fifth Amendment to the Agreement between the City of Rohnert Park ( "City ") and EIP
Associates a division of PBS &J ( "Consultant ") for the Southeast Specific Plan EIR ( "Fifth
Amendment ") is entered into as of the 16th day of December 2008 ( "Effective Date "), by and
between City and Consultant.
RECITALS
A. City and Consultant are parties to that certain Agreement entitled Agreement for
Services Southeast Specific Plan EIR dated September 22, 2003 ( "Agreement ").
B. On March 8, 2005, the City Council approved the First Amendment to the Agreement
for an additional amount of $12,000, thereby increasing the total cost of the EIR
to $151,789.
C. On February 14, 2006, the City Council approved the Second Amendment to the
Agreement for an additional amount of $24,153.11, thereby increasing the total cost
of the EIR to $175,94111.
D. On October 23, 2007, the City Council approved the Third Amendment to the
Agreement for an additional amount of $10,000, thereby increasing the total cost of
the EIR to $185,942.11.
E. On March 11, 2008, the City Council approved the Fourth Amendment to the
Agreement for an additional amount of $35,788.00, thereby increasing the total cost
of the EIR to $221,730.11.
F. The City and Consultant now desire to enter into a Fifth Amendment to provide for
additional work as described below.
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises, the parties
hereby amend the Agreement as follows:
1. Scope of Services. In addition to the services provided under the Agreement and
subsequent Amendments, Consultant, through its subconsultant Dowling and Associates,
shall provide additional services as described in Exhibit "A ", attached hereto and
incorporated herein.
2. Compensation. Consultant shall perform the services described in this Fifth
Amendment for a total not -to- exceed amount of $37,477.00.
3. Agreement in Effect. Except as amended by this Fifth Amendment and all
previous Amendments the Agreement shall remain in full force and effect.
-1-
4. Counterpart Signatures. This Fifth Amendment may be signed in multiple counterparts
which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS THEREOF, the parties have executed this Fifth Amendment as of the
date first written above.
CITY OF ROHNERT PARK:
By:
Daniel Schwarz
Interim City Manager
Per Resolution No. _
by the City Council on
ATTEST:
City Clerk
CONSULTANT:
By:
(Date) Gretchen Taylor (Date)
Environmental Services Group Manager,
PBS &J.
_ adopted
APPROVED AS TO FORM:
City Attorney
-2-
Introduction: The City of Rohnert Park (City) recognizes that revisions are needed to the Southeast
Specific Plan (SESP) EIR due to concerns of the adequacy from several factors: 1) the presence of
the Sonoma Mountain Village which was not included in the traffic and cumulative analysis; 2) out of
date traffic data (2001, 2003) and analysis; and 3) need for a revised aesthetics analysis that addresses
previously unanticipated loss of rural character and loss of visual open space impacts. Therefore, the
City has determined that the EIR for SESP should be recirculated, per CEQA Guidelines, Section
15088.5. Recirculation of an EIR Prior to Certification whose relevant clauses for this project include:
(a) A lead agency is required to recirculate an EIR when significant new information is added
to the EIR after public notice is given of the availability of the draft EIR for public review
under Section 15087 but before certification.... "Significant new information" requiring
recirculation includes, for example, a disclosure showing that:.... (2) A substantial increase
in the severity of an environmental impact would result unless mitigation measures are
adopted that reduce. the impact to a level of insignificance...
(c) If the revision is limited to a few chapters or portions of the EIR, the lead agency need
only recirculate the chapters or portions that have been modified.
PROPOSED WORK PLAN
This work plan identifies the following tasks to fulfill this intent.
Task 1. Prepare Draft Recirculated EIR
Task 1a. Prepare Admin Draft Recirculated EIR (REIR)
PBS &J will prepare an Administrative Draft Recirculated EIR ( ADREIR) in consistent with the prior
SESP EIR format. All text and graphics to be used in the Draft REIR will be included in proposed
final form. Five copies of the ADREIR and an electronic version will be prepared and delivered to
the Community Development Department for review and comment. Subtasks for the ADREIR and
contents of it will consist of the following.
i. Prepare a revised Traffic Section that incorporates the SESP - appropriate and consistent
portions of the "Consolidated Traffic Analysis" prepared by AECom.
353 Sacramento Street a Suite 1000 a San Francisco, CA 94111 m Telephone 415.362.1500 * Fax 415.362.1954 o www.pbsj.com
Proposal to Prepare a Recirculated EIR for the Southeast Specific Plan, City of Rohnert Park - 12/8/1008
ii. Prepare a revised impact analysis for the Aesthetics Section to evaluate the conversion of
rural open space land to urban uses relative to that which was evaluated in the 2005 DEIR.
Analysis would be based on:
• Review of project area general and specific plans
• Review of the project in regard to compliance with state and local ordinances and
regulations and professional standards related to visual quality.
• Observation of the visual conditions.
Thresholds of significance would remain the same; the Views and Appearances subsection
section (on page 3.1 -9) of the 2005 DEIR would include recognition that the loss of open
space would be significant and unavoidable.
E Prepare a revised summary section for the EIR at the beginning of the EIR which serves to
provide a means to summarize data, findings, and conclusions contained in the body of the
prior DEIR and the DREIR, differentiating between them by underlining revised text. The
Summary will begin with a concise description of the SESP. The Summary will also include
(1) each significant effect and level of significance before and after mitigation, and
alternatives that would reduce or avoid that effect; (2) areas of controversy, including issues
raised by agencies and the public; and (3) issues to be resolved, including any choice among
alternatives and suggested and required mitigation measures. The degree to which impacts
would be reduced by implementing all recommended mitigation measures will be quantified,
and will be based on absolute numbers to the extent possible. Impacts that would be
avoided, or would be reduced to less than significant levels when mitigated, will be
identified. A matrix summarizing all impacts and mitigation measures for the project will be
provided for facilitating the comprehension of the impact analysis.
iv. Draft an introduction explaining the purpose of the recirculated DEIR.
V. Prepare a revised project description that would address the new cumulative development
picture that was not foreseen in 2005 when the DEIR was issued.
The Draft REIR will only consist of a new introduction, summary section, project description,
aesthetics and transportation section.
Task 1A deliverable:
■ 5 copies of the ADREIR and an electronic version for City review.
Task lb. Prepare Screen check Draft REIR for City review:
Following City review of the Administrative Draft REIR, PBS &J will prepare the Screen check Draft
Recirculated EIR (DREIR) for publication that incorporates any modifications and /or amendments
in response to the Planning Department's comments. Fifty (50) copies of the Draft EIR will be
printed and delivered to the City of Rohnert Park Planning Department for distribution. Fifty (50)
CD's of the Draft REIR will also be supplied. PBS &J will send screen -check copies of the DREIR
to the Department prior to printing.
Task 1B deliverable:
• Draft Recirculated EIR - fifty (50) copies plus fifty (50) CD's of the Draft REIR
2
353 Sacramento Street * Suite 1000 $ San Francisco, CA 94111 e Telephone 415.362.1500 a fax 415.362.1954 a wvvw.pbsj.com
Proposal to Prepare a Recirculated EIR for the Southeast Specific Plan, City of Rohnert Park - 12/812008
Task 2. Prepare Final Recirculated EIR
Task 2A. Prepare Administrative Draft Final Recirculated EIR (AFREIR), Mitigation
Monitoring and Reporting Program, and Draft Findings
Respond to public comments on the DREIR and prepare Administrative Final REIR for City review
which consists of responses to new comments but does not reiterate those that are already in the
public record from the November 2006 FEIR.
A Mitigation Monitoring and Reporting Program was not included in the 2006 FEIR for SESP.
PBS &J will prepare a comprehensive draft Mitigation Monitoring and Reporting Program in
accordance with Public Resources Code Section 21081.6, and concurrent with preparation of the
draft Responses to Comments. The Planning Department staff will review it with the Screencheck
AFREIR. The Program will identify each mitigation measure for a significant environmental impact
and will specify the following.
• Performance criteria and standards necessary for the mitigation to be successful.
• Responsible parties for implementing the mitigation measures.
• The frequency of monitoring as applicable and maximum period of time for
implementation.
• The frequency of reporting the outcome of monitoring activities.
• Those responsible for verifying the success of the mitigation measures, and sanctions to be
imposed for noncompliance with required mitigation measures.
PBS &J will also prepare the draft Findings for the project. If any significant and unavoidable
impacts are identified in the Draft EIR, the findings will address these impacts and a statement of
overriding considerations will be prepared.
Tack 2A deliverable:
5 copies of the AFREIR, draft Mitigation Monitoring and Reporting Program, and draft project
Findings and an electronic version for City review.
Task 2B. Prepare Screencheck FREIR for City review:
Prepare Screencheck Final REIR for City review.
Tark 2 B deliverable:
• Final EIR - fifty (50) copies plus one electronic version of the Final REIR.
Task 3. Team meetings and Public Hearings (DREIR /FREIR)
Attend up to two (2) project team meetings and two (2) public hearings in Rohnert Park one each for
the DREIR and FREIR.
We understand that the City will advertise for and conduct the public meetings /hearings on the EIR.
At the public meetings /hearings, PBS &J's project manager and a technical representative(s) will be
available to summarize the document and respond to questions and issues raised as required or
explain particular issues of importance.
Task 4. Project Management and QA /QC
353 Sacramento Street • Suite 1000 9 San Francisco, CA 94111 m Telephone 415.362.1500 • Fax 415.362.1954 o www.pbsi.com
Proposal to Prepare a Recirculated EIR for the Southeast Specific Plan, City of Rohnert Park - 12/8/2008
The Project Manager will maintain QA /QC requirements for document preparation, and will
monitor schedule and performance for all EIR work tasks. Project management subtasks also
include maintaining internal communications among PBS &J staff and with Dowling and with the
Client and other team members through emails and frequent phone contact, as well as the
preparation of all correspondence. The Project Manager will coordinate internal staff responsibilities,
project guidance and analysis criteria. Subtasks also include project administration activities.
COST
We will accomplish the proposed work plan for $37,477 including ODCs, as detailed in Attachment
1, Budget Spreadsheet. The estimated total labor and other direct costs budget for these tasks will
be on a Time and Materials basis. The project estimate will be guided by the 2008 -2009 Billing
Schedule (Attachment 2) and by work plan assumptions (Attachment 3)
SCHEDULE
The proposed schedule is presented below and largely meets with the City's proposed intervals and
overall timeframe with an extension of 1 week for the Admin Draft Recirculated EIR and beginning
on December 8 rather than December 1 (assuming we have a notice to proceed on December 9),
such that the overall schedule is less than 2 weeks longer than the City's original proposed schedule
(presented in an email, November 13).
Task/ (Interval) Start Date
Kickoff meeting and Project Start -up Dec. 9, 2008
Prepare Admin Draft Recirculated EIR (ADREIR) (4 weeks)
(Intro., summary, Traffic and Aesthetic Sections): December 10 2008
PBS J submits ADREIR January 6, 2009
City Rem ew / comment ADREIR (2 weeks): January 18, 2009
Screen check DREIR (10 days): January 28, 2009
Release of DREIR: January 30, 2009
45 -dap comment period March 13, 2009
City furnishes comments March 16, 2009
Submit Response to comments AFREIR (3 weeks) April 10, 2009
City Review / comment - .AFREIR (2 weeks) April 24, 2009
Screen check FREIR (2 weeks) May 8, 2009
Publish FREIR May 12, 2008
Public Hearing to Certify FEIR (2 weeks) May 28, 2008
If you have any questions or comments about this proposal, do not hesitate to call or email me.
We look forward to working with you and the City of Rohnert Park in continuing this project to
completion with this new phase of recirculation.
Sin rel Yours,
John Steere
Sr. Environmental Manager
Attachments
1) Cost Estimate
2) Billing Schedule 2009
3) Assumptions
2
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Proposal to Prepare a Recirculated EIR for the Southeast Specific Plan, City of Rohnert Park - 121812008
Attachment A2: Billing Schedule 2009
California Science and Planning
HOURLY BILLING RATES AND JOB CLASSIFICATIONS
Sr Division Manager/ Principal Technical Professional
$190 — $300 /hour
Sr Group Manager /Project Director/ Sr Planner IV/ Sr Scientist IV/
Sr Engineer IV
$175 —$300 /hour
Group Manager/ Sr Project Manager III/ Sr Planner III/
Sr Scientist III /Sr Engineer III
$140 — $200 /hour
Project Manager/ Sr Planner II/ Sr Scientist II /Sr Engineer II/
Sr GIS Analyst II
$120 —$170 /hour
Associate Project Manager /Sr Planner I /Sr Scientist I/
Sr Engineer I /Sr GIS Analyst I
$95— $135 /hour
Planner II/ Scientist II /Engineer II
$85— $120 /hour
Planner I/ Scientist I /Engineer I
$65 -$100 /hour
Senior Administrator
$90— $130 /hour
Senior Word Processor /Regional Graphics Specialist $75— $110 /hour
Word Processor $65— $100 /hour
Administrative /Field Technician II $55 —$90 /hour
Planner Intern /Scientist Intern/Technician I $45 —$75 /hour
Mileage $.505 /mile
In addition, identifiable, non -salary costs that are directly attributable to the project (i.e., travel, meals, lodging,
auto rentals, printing and copies, graphic materials, phone charges, equipment and specialized computer
charges, etc.) and subcontractor fees include a 15° o administration charge to cover overhead and
administration.
1. This schedule is effective until January 1, 2009 and is subject to annual and /or periodic revisions
thereafter, as necessary to accommodate inflationary trends, salary adjustments, and the general costs
of business.
2. Invoices will be submitted by Consultant monthly. Client will notify Consultant, in writing, of any
objections to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be
deemed acceptable by the Client. amounts indicated on invoices are due and payable immediately
upon receipt.
3. A late payment finance charge at a rate of 189,o per annum (or the maximum amount allowed per law
if lower) will be applied to any unpaid balance commencing 30 days after the date of the original
invoice.
Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per
day
0
353 Sacramento Street ® Suite 1000 o San Francisco, CA 94111 « Telephone 415.362.1500 • Fax 415.362.1954 o www.pbsj.com
Proposal to Prepare a Recirculated EIR for the Southeast Specific Plan, City of Rohnert Park - 121812008
Assumptions
1. No new technical analysis would be performed and no new data will be collected as part of the
identified tasks.
2. All remaining tasks in the previous contract are superseded by the scope of work outlined in the
December 5, 2008 proposal.
3. The City will be responsible for preparing and distributing the Notices of Availability,
Determination, and Completion in accordance with CEQA Guidelines.
4. The City will provide one set of consolidated comments on a single administrative draft
budgeted and within the periods defined by the project schedule. This collation of comments is
necessary in order to provide a single set of directions for revising the document, and to facilitate
the City's designated project manager's task of reconciling the different points of view from
multiple reviewers. Additional rounds of comments or additional marked -up copies will be
addressed on an additional time- and - materials cost basis.
5. PBS &J will respond to up to 30 discrete, non - repetitive comments for the response to public
comment budget identified in Task 2A ( AFEIR). Substantially more comments (greater than 10
percent) will require discussions with Lead Agency staff regarding the necessary level of effort.
6. The cost of preparing the Final EIR assumes a level -of- effort that is estimated based -on our
knowledge of the project at this time. PBS &J staff has estimated 60 hours of staff time to
respond to comments furnished. After all comments on the Draft EIR, PBS &J will assess the
level -of- effort required to adequately respond and if the volume of comments exceeds it, we will
work with the City to renegotiate this sub -cost based on the level of effort deternzined at that
time.
7. It is assumed that the City will distribute the NOP and hearing notices to the public.
8. PBS &J will provide camera -ready copies and disks of all EIR documents and the number of
copies indicated in the scope. It is assumed that the City will cover the cost of printing all
materials for the OPR (15 copies of the DEIR) and for additional copies. The estimated
production cost of the DREIR and FREIR are based on a limit of 100 pages.
9. Staff coordination will occur frequently through telephone conversations, electronic mail, and
facsimile transmissions. Additional team and public meetings may be desirable, and would be
attended at additional cost on a time- and - materials cost basis beyond those identified in Task 3.
7
353 Sacramento Street a Suite 1000 a San Francisco, CA 94111 • Telephone 415.362.1500 * Fax 415.362.1954 w www.pbsj.com