Loading...
HomeMy WebLinkAboutCC Resolution 12139 (Village Loch Lomond Project)RESOLUTION NO. 12139 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.4 TO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH RBF CONSULTING FOR ASSISTANCE NEEDED TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE AT LOCH LOMOND MARINA PROJECT (Term of Agreement: from March 1, 2004 to May 1, 2007, for an amount not to exceed $557,582.00) WHEREAS, on March 1, 2004, the City Council adopted Resolution No. 11508, which authorized the execution of an Agreement for Professional Services with RBF Consulting to prepare an Environmental Impact Report (EIR) for the Village at Loch Lomond Marina project. The Agreement for Professional Services established a budget limit of $246,947.00 and a term limit ending on March 1, 2006; and WHEREAS, on June 20, 2005, December 19, 2005 and June 19, 2006, the City Council approved first, second and third amendments, respectively, to the initial Agreement for Professional Services. The amendments established a total not -to -exceed budget of $548,082.00; and WHEREAS, the developer of the Village at Loch Lomond Marina project has prepared a "Mitigated Project," which presents potential revisions to the layout and design of this project. An analysis of the "Mitigated Project" is necessary for inclusion on the project EIR; and WHEREAS, RBF Consultant has prepared a scope of work for the amended services, which are outlined in Exhibit `A', attached to attached "Amendment No. 4 to an Agreement for Professional Services with RBF Consulting". The proposal for additional services includes a not - to -exceed budget of $9,500.00, which would be added to the current not -to -exceed budget of $548,082.00 not -to -exceed budget established under the executed Agreement for Professional Services, resulting in a total budget of $557,582.00. 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, the attached "Amendment No. 4 to an Agreement for Professional Services with RBF Consulting". 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 Council of said City on Monday, the 6`'' day of November 2006, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None J M. LEONCINI, City Clerk r�� AMENDMENT NO.4 TO AGREEMENT FOR PROFESSIONAL SERVICES This Amendment No. 4 to an Agreement for Professional Services is made and entered into on the 6`h day of November 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and RBF Consulting (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on March 2, 2004, CITY entered into an Agreement for Professional Services with CONTRACTOR to assist in preparing an Environmental Impact Report for the Village at Loch Lomond Marina development project; and WHEREAS, Section 4 (Compensation) of the Agreement for Professional Services includes a not -to -exceed budget of $246,947.00; and WHEREAS, following the completion of the Notice of Preparation process, which initiated the preparation of an Environmental Impact Report (EIR), it was recommended that the scope be expanded to include several additional topics of study. As a result, in June 2005, an Amendment to the Agreement for Professional Services was approved increasing the not -to - exceed budget to $302,604.00. In December 2005, a second Amendment to the Agreement was approved, which increased the budget to $376,597.00. A third Amendment to the Agreement was approved in June 2006, which increased the not -to -exceed budget to $548,082.00; and WHEREAS, in October 2006, the project sponsor prepared a "Mitigated Project" which presents potential revisions to the project site plan and design to address comments from the Planning Commission, Design Review Board, the community and recommendations from the DEIR. An analysis of the "Mitigated Project" is necessary for inclusion in the project EIR; and WHEREAS, CONTRACTOR has prepared a budget for the additional scope and topics of issues to be studied in the EIR, which is presented in attached Exhibit "A." AMENDMENT NO.3 TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the following sections of Agreement for Professional Services (March 2, 2004): 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $557,582.00 based upon the budget described in Scope of Work, Budget and Project Schedule ($246,947.00) of the initial Agreement of March 2, 2004; the amended budget approved in June 2005 ($55,657.00); the Request for Contract Amendment and Re-establishment of Contingency Fees ($73,993.00); the Revised Request for Contract Amendment ($171,485.00); and Additional Work Request Summary ($9,500.00). CONTRACTOR shall be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. All of the other provisions, terms and obligations of the Agreement for Professional Services executed on March 2, 2004, and the subsequent Amendments executed in June 2005, December 2005 and June 2006 shall remain valid and shall be in force with the execution of this Amendment No. 4. IN WITNESS WHEREOF, the parties have executed this Agreement No. 4 as of the day, month, and year first above written. CITY OF SAN RAFAEL CONTRACTOR qKEN HOFF, Cage am e: Laura Wort i gton Forbes Title: Principal FIN 11IM1 6 kANNwM. LEO CINI, City Clerk C:/1ch1mnd. rbfamnd4A. doc torney 2 JN 40-100212.001 Request No. 4 October 10, 2006 ADDITIONAL WORK REQUEST SUMMARY Client: City of San Rafael Work Requested By: City of San Rafael Task 1: Analysis of Mitigated Project This task provides for the environmental analysis of the mitigated site plan and incorporation of that mitigated plan into the Final EIR Master Response(s), individual response to comments and as an appendix to the Final EIR. As requested by the City, this mitigated plan analysis will be in sufficient technical detail as to provide a direct comparison of the Project's impacts to the mitigated site plan impacts. Fee: $5,500 Summary of Task 2: Updating Responses to Comments with New Additional Work: Alternative Analysis Following the completion of the analysis of the Mitigated Site Plan, RBF will incorporate the results of the analysis into each of the appropriate Responses to Comments, as well as provide a cross reference between applicable responses based on this new analysis. Fee: $1,500 Task 3: Review of WRA's Revised Responses This task provides for peer review of WRA's revised responses by Greg Zitney. Tentative Fee: $2,500 Estimated Fee for Additional Work: $9,500 Prepared By: Matthew Burris, RBF Consulting Authorized By: 'HIH B � ` F A