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HomeMy WebLinkAboutCC Resolution 12377 (Recreational Facility at the Airport)RESOLUTION NO. 12377 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LAMPHIER- GREGORY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE RECREATIONAL FACILITY AT THE SAN RAFAEL AIRPORT PROJECT (Agreement Term: November 19, 2007 through November 19, 2008, amount not to exceed $156,561.00) WHEREAS, on October 16, 2006, the City Council adopted Resolution No. 12137 approving an Agreement for Professional Planning Services with Lamphier-Gregory for preparation of an Environmental Impact Report (EIR) for the Recreational Facility at the San Rafael Airport project. The Agreement for Professional Services established a budget limit of $124,288.00 and a term ending on October 16, 2007; and WHEREAS, during the EIR preparation process, it was determined that expanded analysis of specific sections of the EIR was necessary, including the need for a protocol level clapper rail survey and additional analysis of the aviation safety section of the EIR; and WHEREAS, to provide the necessary services to the Planning Division of the Community Development Department, Lamphier-Gregory submitted a request for budget amendment to cover the additional work. The requested amendment would increase budget by an additional $32,273.00 (to a "not to exceed" budget of $156,561.00) and extend the term of the Agreement through November 19, 2008. 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 amendment to the Agreement for Professional Planning Services with Lamphier-Gregory, in the form attached herewith. I, JEANNE M. LEONCI I, 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 19`h day of November 2007 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None J M. LEONCINI, City Clerk AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LAMPHIER-GREGORY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE RECREATIONAL FACILITY AT THE SAN RAFAEL AIRPORT PROJECT This Agreement is made and entered into this 19th day of November 2007, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Lamphier-Gregory (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR has submitted an amendment to the current agreement for the performance of services which is attached hereto 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 preparation of an Environmental Impact Report (EIR); 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 to amend, the following sections of the Agreement for Professional Planning Services, approved by the City Council on October 16, 2006, as follows: 2. DUTIES OF CONTRACTOR. A. CONTRACTOR shall perform the duties and/or provide services as provided in Recreational Facility at San Rafael Airport EIR Scope of Work and Budget, and revised as identified in the Schedule of Estimated Costs, Revised 10119107, attached hereto and incorporated herein as Exhibit A. B. Commencement. CONTRACTOR agrees to commence work immediately after the date of the signing of this contract. C. Completion. Tasks described in Recreational Facility at San Rafael Airport EIR Scope of Work and Budget shall be completed as set forth in the schedule outlined in the original Recreational Facility at San Rafael Airport EIR Scope of Work and Budget and as revised in Schedule of Estimated Costs, Revised 10119107, attached and incorporated by reference herein as Exhibit A. 4. COMPENSATION. 1 For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $156,561.00 based upon the budget shown in the original Recreational Facility at San Rafael Airport EIR — Scope of Work and Budget and as revised in Schedule of Estimated Costs, Revised 10/19/07 (attached hereto and incorporated herein as Exhibit A) to be compensated on a time and material basis. Payment will be made upon by receipt by PROJECT MANAGER of itemed invoices submitted by CONTRACTOR. CITY will pay CONTRACTOR within 30 -days of receipt of invoice. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing on November 19, 2007 and ending on November 19, 2008. Upon mutual agreement of the parties, and subject to the approval of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended for a period not to exceed four (4) months. All of the other provisions, terms and obligations of the Agreement for Professional Planning Services, approved by the City Council on October 16, 2006, shall remain valid and shall be in force with the execution of this amendment. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITYO SAN RAFAE KEN RDHOFF, City M ge ATTEST: ANNE M. LEO�VCIl�II, City Clerk APP / RM: HIANTI, C/y Attorney Ci�ARY T. j By: G, 10 LANMPH � R' Pre ident, Lamp ier- e o EXHIBIT A: Schedule of Estimated Costs, Revised 10/19107 2 EXHIBIT A E\rnto.v�u v i,v A\ a rsi� October 19, 2007 Raffi Boloyan City of San Rafael Community Development Department Planning Division P.O. Box 151560 San Rafael, CA 94915-151560 Re: San Rafael Airport Recreation Facility EIR Budget Update 3 Dear Raffi, Per your request, I am submitting an updated budget estimate for the above -referenced Project. It is our understanding that approval of the budget amendment will be sought from the City Council in November. As you are aware, we have requested from Mead & Hunt an updated scope of work and budget. The attached budget estimate reflects that update. The budget estimates of Geier & Geier and Monk & Associates has not changed since our previous letter dated August 13, 2007. Securing the updated budget and scope of work from Mead & Hunt required some additional project management hours. As part of this process, budget estimates were solicited from two additional consulting firms, neither of whom could match the estimate Mead & Hunt was willing to provide. Therefore, in order to ensure that Lamphier-Gregory has adequate budget resources to complete the environmental review document, an additional 8 hours was added to Project Management in Task 6 of the budget. Of course, any budget resources not needed to complete our Scope of Work will not be charged against the Project; however, it is also our understanding that the City of San Rafael does not wish to approve additional budget amendments for this Project. The attached budget proposal provides an estimated total cost for completing the environmental review outlined in our original scope of work of $156,561. Our original budget amount was $124,288; therefore, it will be necessary to request a budget amendment for the difference, which is $32,273. If you have any questions or would like to discuss this further, please call me at (510) 535-6690. Sincerely, Jason Chafin LAMPHIER-GREGORY EIR - San Rafael Airport Recreational Facility EIR Schedule of Estimated Costs, Revised 10/19107 ' Any additional hours or direct costs will be performed and billed on a time and materials basis. Principal Associate Planner Expenses Subconsultants Total Hours Budget @ Hours Budget @ Cost Task $175/hr. $115/hr. Tasks 1 & 2 Start-up, NOP Start up Meeting $0 12 $1,380 $1,380 Site Reconnaissance Visit $0 4 $460 $460 Review of Documents $0 12 $1,380 $1,380 Subtotal, Start up Costs 0 $0 28 $3,220 $0 $0 $3,220 Task 3 Prepare ADEIR Introduction $0 8 $920 $920 Executive Summary $0 8 $920 $920 Project Description $0 16 $1,840 $1,840 Restructure IS/MND Info for ADEIR $0 24 $2,760 $2,760 Aesthetics $0 24 $2,760 $2,760 Biological Resources (Monk & Assoc) $0 $0 $67,495 $67,495 Hazards (Mead & Hunt) $0 $0 $15,600 $15,600 Hydrology and Water Quality $0 12 $1,380 $1,380 Noise (Geier & Geier) $0 $0 $5,268 $5,268 Traffic & Circulation $0 8 $920 $920 Other CEQA Considerations $0 16 $1,840 $1,840 Alternatives $0 40 $4,600 $4,600 References $0 4 $460 $460 Print and Submit 10 copies $0 $0 $300 $300 Subtotal, ADEIR 0 $0 $160 $18,400 $300 $88,363 $107,063 Task 4 DEIR Preparation and Circulation of EIR' $0 48 $5,520 $5,520 Printing (40 copies) $1,200 $1,200 Subtotal, DEIR 0 $0 48 $5,520 $1,200 $0 $6,720 Task 5 AD & FEIR Prepare ADFEIR' $0 48 $5,520 $5,520 Print and Submit 10 copies $0 $0 $250 $250 Prepare FEIR & MMP' $0 48 $5,520 $5,520 Print and Submit 40 copies $1,000 $1,000 Subtotal, AD & FEIR 0 $0 96 $11,040 $1,250 $0 $12,290 Task 6 Project Management & Coordination Mtqs. Public Meetings (2) $0 12 $1,380 $1,380 Staff Meetings (4) $0 24 $2,760 $2,760 Coordination and Document Preparation $0 74 $8,510 $8,510 Project Director Oversight 24 $4,200 $0 $4,200 Graphics $0 $0 $2,000 $2,000 Expenses $0 $0 $8,418 $8,418 Subtotal, Project Mgmt. & Coord. 24 $4,200 110 $12,650 $10,418 $0 $27,268 SUBTOTAL 24 $4,200 442 $50,830 $13,168 $88,363 $156,561 October 3, 2006 budget Estimate I 24 $4,200 408 $46,920 $6,450 $66,718 $124,288 Budget Amendment Request Amount J $32,2731 ' Any additional hours or direct costs will be performed and billed on a time and materials basis. A= ORD, CERTIFICA' 'OF LIABILITY INSURE *."O'P'E I DATE(MMIDD/YYYY) PRODUCER Mary Barnard Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 2190 Stokes Street ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Suite 201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Jose CA 95128 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (40B)2B6-1334 INSURED INSURERS AFFORDING COVERAGE I NAIC # Lamphier-Gregory INSURER A: Sequoia INSURERB:Hartford Acc. and Indemnity 1944 Embarcadero I INSURERC:REPUBLIC INDEMNITY COMPANY OF AMERICA Oakland, CA 94606 INSURER D. I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADVLI POLICYEFFECTNE POLICY EXPIRATION I LIMITS LTR INS RD TYPE OF INSURAN(F POLICY NUMBER nnTE (MWDDNYI DATE (MMIDD/YYI EACH OCCURRENCE GENERAL LIABILITY 6/15/2007 6/15/2008 I PPRREMEMGETORENTED ISES (Ea occurence) A X COMMERCIAL GENERAL LIABILITY SBP2 07 918 O1 PERSONAL &ADV NJURY CLAIMS MADE ® OCCUR GENERAL AGGREGATE I $2,000,000 GEN'L AGGREGATE L:MITAPPLES PER: I+ $ 2, 000, 000 MBINED SINGLE LIMIT$ [(io.accidenl) POLICY nn PRO LOC 6/15/2007 6/15/2008 AUTOMOBILE LIABILITY $ A ANY AUTO 52 UEC VZ8412 $ ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANYAUTO EXCESWUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LLABILITY A ANY PROPRIETOR/PARTNER/EXECunvE 1477535-07 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER EACH OCCURRENCE $1,000,000 6/15/2007 6/15/2008 I PPRREMEMGETORENTED ISES (Ea occurence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV NJURY $ 1,000,000 GENERAL AGGREGATE I $2,000,000 PRODUCTS - COMP/OP AGG I+ $ 2, 000, 000 MBINED SINGLE LIMIT$ [(io.accidenl) 1000,000 6/15/2007 6/15/2008 BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGEI $ (Per accident) AUTO ONLY -EA ACCIDENT I $ OTHER THAN EA ACC I $ AUTO ONLY: AGG I $ EACH OCCURRENCE I$ AGGREGATE I$ $ IS $ INC STATU- II OTH TORY LIMITS ER 5/1/2007 6/15/2008 �EL EACH ACCIDENT I $ 1,000,000 EL DISEASE -EAEMPLOYEE I $ 1,000,000 E.L. DISEASE -POLICY LIMIT ($1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *TEN DAYS NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM. Re: Project: 2616 (San Rafael Rec. Field) CERTIFICATE HOLDER City of San Rafael Attn: Raffi Boloyan 1400 5th Avenue San Rafael, CA 94901 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE C FI ATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OB GATIONR LIABILITY NY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA ES. AUTHORIZED REP SENYXTpiE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 - Produced using Forms Boss Plus software. www.FormsBo5s.c0m; Impressive Publishing 800-208-1977 POLICY NUMBER SBP20791801 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Rafael —(If -no -entry appears-above,—n€or-mat-ion-require(Ito-complete this -endorsement -will be -shown -in the Declarations as applicable to this endorsement.) Who is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operation performed for that insured. PRIMARY WORDING It is agreed that such insurance provided the Additional Insureds under this endorsement is primary, but only as respects any claims, loss or liability arising out of the operations of the named insured, their subcontractors, their suppliers, and any other insurance maintained by the Additional Insured is deemed to be excess and shall not contribute with this insurance. CG 20 10 03 97 Copyright, Insurance Services, Office, Inc., 1996 Page I of 1