HomeMy WebLinkAboutCC Resolution 10231 (Dominican College Master Plan)RESOLUTION NO. 10231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING A CONTRACT AMENDMENT WITH NICHOLS • BERMAN
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
THE DOMINICAN COLLEGE MASTER PLAN.
The City Council of the City of San Rafael finds and determines that:
WHEREAS, the California Environmental Quality Act requires environmental
review of the proposed Dominican College Master Plan project; and
WHEREAS, the City and the consultant, Nichols • Berman entered into an
agreement on September 16, 1996 for the preparation of an Environmental
Impact Report (EIR) for the proposed project; and
WHEREAS, on December 2, 1996, the City amended said Professional Services
Agreement to include additional services; and
WHEREAS, the College revised the project and the Consultant in consultation
with Planning Department Staff has determined that a revised scope of work was
necessary to proceed with the EIR and the Contract was again amended on
October 6, 1997; and
WHEREAS, the City again desires an additional amendment to said Professional
Services Agreement to include a payment schedule for additional services
because of further revisions to the project; and
WHEREAS, the Consultant has prepared a summary of cost breakdowns in the
amount of $15,060.00 to cover costs associated with the analysis of these
revisions to the project; and
WHEREAS, the proposal has been reviewed and recommended for approval by
City Staff
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the
proposal from Nichols • Berman for the preparation of the revised scope of
work.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute, on
behalf of the City of San Rafael, a Professional Services Agreement Amendment
with Nichols • Berman for said project, a copy of which is attached hereto,
marked Exhibit "A", and incorporated herein by reference.
' I GiIdE1
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I, JEANNE M. LEONCINI, 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 Monday, the Fifteenth
day of June, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE E M. LEONCINI, City Clerk
2
Exhibit "A"
THIRD AMENDMENT
PROFESSIONAL SERVICES AGREEMENT
This agreement is made and entered into this 15th day of June, 1998, between the
City of San Rafael, a Municipal Corporation (hereinafter referred to as "CITY")
and Nichols • Berman Environmental Planning (hereinafter referred to as
"CONSULTANT").
A. RECITALS:
WHEREAS, CITY and CONSULTANT entered into a Professional
Services Agreement dated September 16, 1996, for preparation of
an Environmental Impact Report (EIR) for the Dominican College
Master Plan ("Project"); and
(i) WHEREAS, on December 2,1996, the CITY amended said
Professional Services Agreement to include additional services.
(ii) WHEREAS, on October 6,1997, the CITY again amended said
Professional Services Agreement to include additional services.
(iii) WHEREAS, City again desires an additional amendment to said
Professional services agreement to include a payment schedule for
additional services because of revisions to the project.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as
follows:
B. AGREEMENT
1. CONSULTANT shall perform additional services necessary to revise
the EIR as set forth in Exhibit B. Budget for said revisions totals
$15,060.00. This amount shall be paid to the CONSULTANT according
to the schedule for payment of additional services set forth in Section B
3 (b) of the Professional Services Agreement, and the attached Hourly
Rate chart. The charges for these additional services shall be invoiced
on a monthly basis and shall be paid by the CITY within (30 days) after
said invoices are received by the City. The total of the payment to the
City will now be $202,697.48. $26,222.32 is left in the present contract,
and will be paid at the schedule set forth in the Second Amendment to
the Professional Services Amendment. The total to be paid to finish
the project, including this third contract amendment, will be
COPY
$41,282.32. aid services shall include analysis G additional work
needed as outlined in the City Council Staff Report dated June 15,
1998.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first set forth above:
ATTEST:
07n;—Clerk
CONSULTANT - Nichols•Berman
CITY
City Manager
Atto nr ey for the City
CIL-
Attorney
S
Rafael
Nichols . Berman
Environmental Planners
April 13, 1998
Mr. Bill Tuikka
San Rafael Planning Department
PO Box 151560
San Rafael, CA 94915
.&a,6 1 t 3
142 Minna Street
San Francisco, CA 94105
415.957.1982 Phone
415.957.1381 FAX
601 First Street
Benicia, CA 94510
707.745.5845 Phone
707.745.8695 FAX
Subject: Dominican Master Plan Final EIR
Dear Bill:
APR 15 1998
This letter is to follow-up several conversations that we have had the past few weeks regarding
preparation of the Dominican College Campus Development Final EIR. As you know, there were two
main issues that needed to be resolved before we could complete the Administrative Final EIR. The
first issue concerns hydrology issues along Sisters Creek and in the general area of Olive and Palm
Avenues. The second issue concerns the Events Management Plan. In regard to these two issues:
• We received a letter, dated April 4, 1998, from Dominican College authorizing Nichols • Berman
to complete the additional hydrology analyses based on the scope -of -work and budget previously
submitted to you. The results of the additional hydrology analyses will be incorporated into the
Final EIR.
• Dominican College is reviewing the November 1997 Events Management Plan and will submit a
revised Events Management Plan to the City by no later than April 27, 1998. The Events
Management Plan will be revised to reflect concerns raised in the review of the Draft EIR.
Responses to the numerous comments received on the Draft EIR regarding the Events
Management Plan will reflect the revised Events Management Plan.
Based on the above I wanted to respond to your questions regarding the additional costs and schedule
to complete the Final EIR.
Additional Costs
On the basis of the additional work completed to date and the work that still needs to be completed it
is requested that our budget be amended to include the additional costs:
• $3,160.00 for additional photomontages (Matt Brockway, work previously authorized and
completed)
• $1,500.00 for additional noise analyses (Illingworth and Rodkin, work previously authorized and
completed)
Mr. Bill Tuikka
Apn/ 13. 1098
Page 2
$7.200.00 for additional hydrology analyses (work previously authorized)
$3.200.00 for Nichols • Berman to incorporate additional analyses into FEIR and respond to a
larger number of comments received on the DEIR than initially anticipated.
In summary, it is requested that our agreement with the City of San Rafael be amended to include a
total additional cost of 515,060.00. This budget assumes that the revised Events Management Plan
will not require additional review and analysis by our traffic subconsultant (Whitlock and Weinberger)
or our noise subconsultant (Illingworth and Rodkin).
Schedule
It is estimated that the additional hydrology work will require approximately six weeks to complete. It
is also estimated that any additional review of the revised Events Management Plan can be completed
within approximately three weeks. Based on these two estimates the following is the estimated
schedule for the production of the Final EM.
Action Time Required Date
Complete Administrative Final
EIR (AFEIR) — May 22, 1998
City reviews AFEIR and returns
comments to Nichols • Berman 14 days June 5, I998
Nichols • Berman submits FEIR
to City, City releases Final EIR 14 days June 19, 1998
to public
As we have discussed, in order to help expedite preparation of the FEIR we will provide you with the
majority of the responses to comments prior to May 22, 1998. This submittal will include all of the
responses to comments except for those responses concerning the additional hydrology work and the
events management plan. This early submittal should assist in the City staff review of the AFEIR_
If you have any questions regarding the above do not hesitate to call me.
Yours truly,
Bob Berman
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