HomeMy WebLinkAboutCC Resolution 11778 (Village Loch Lomond Project)RESOLUTION NO. 11778
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT 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 August 1, 2006, for an amount not to Exceed
$302,604.00)
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;
and
WHEREAS, the Agreement for Professional Services establishes a budget limit of
$246,947.00 and a term limit ending on March 1, 2006; and
WHEREAS, following the completion of the Notice of Preparation (NOP) process
initiating the preparation of an EIR, it was determined that the scope of topics and issues to be
studied in the EIR should be expanded to address public comment; and
WHEREAS, at the request of the City, RBF Consulting prepared a proposal for
additional services, including the preparation of a parking study by Kimley Horn Associates,
serving as sub -consultants to RBF. The proposal for additional services is presented as Exhibit
`B,' attached; and
WHEREAS, the proposal for additional services includes a not -to -exceed budget of
$55,657.00, which would be added to the $246,947.00 not -to -exceed budget established under the
executed Agreement for Professional Services, resulting in a total budget of $302,604.00; 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
Amendment to an Agreement for Professional Services with RBF Consulting in the form attached
as Exhibit `A.'
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 20'h day of June 2005, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
��
JE 4M-MONCINI, City Clerk
AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICES
This Amendment to an Agreement for Professional Services is made and entered into on
the 20`h day of June 2005, 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 determined that the
scope and topics of issues to be studied in the EIR should be expanded; 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 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 $302,604.00 based upon the budget described in
Scope of Work, Budget and Project Schedule ($246,947.00) of the initial Agreement of March 2,
2004 and presented in Request for Contract Amendment ($55,657.00) attached herein.
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 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.
CITY OF SAN RAFAEL
ROD GOULD, City Manager
CONTRACTOR
ame: Laura Worthfi#n For es
Title: Principal
AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICES
This Amendment to an Agreement for Professional Services is made and entered into on
the 20'' day of June 2005, 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 determined that the
scope and topics of issues to be studied in the EIR should be expanded; 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 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 $302,604.00 based upon the budget described in
Scope of Work, Budget and Project Schedule ($246,947.00) of the initial Agreement of March 2,
2004 and presented in Request for Contract Amendment ($55,657.00) attached herein.
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 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.
CITY OF SAN RAFAEL
ROD GOULD, City Manager
CONTRACTOR
ame: Laura Worthin�on Fo`r�ies
Title: Principal
ATTEST:
JI"Iv�N M. LEONCINI, City Clerk
C:/Ichlmnd.rbfamnd l .doc
WF� EXHIBIT'A'
CONSULTING
May 16, 2005
Mr. Paul Jensen, AICP, Contract Planner
City of San Rafael
JN: 40-100212.001
Subject: Request for Contract Addendum and Re-establishment of Contingency
Fees for the Villages at Loch Lomond Project EIR
Dear Mr. Jensen:
This letter is a follow-up to our recent discussions about the need for RBF Consulting to receive
a contract amendment for the Villages at Loch Lomond Project EIR. As you are aware, RBF
Consulting has been working in good faith on a number of issues that are either out -of -scope
(but still within our contract amount), or that require additional analysis given both the time that
has elapsed since execution of our original contract, and the additional level of scrutiny that the
project has engendered since the initiation of our technical analysis nearly 15 months ago.
There are several reasons why we believe that a contract amendment is warranted. First, RBF
Consulting has to date prepared three Project Descriptions and two NOP/Initial Studies. While
much of our re -work on the revised Initial Study/NOP was covered using Contingency Funds,
the Contingency Fund was insufficient to accommodate preparation of a third Project
Description, as well as the work required to address a second round of review/strategic
response to comments on the "revised" NOP that was circulated. Each of these efforts was a
direct result of, and response to, the applicant modifying their project submittal.
Up until this point, RBF (in consultation with City Staff) have utilized the budget that we have
designated for preparation of the Administrative Draft EIR to: (1) Prepare a third Project
Description; (2) review a second round of technical studies/reports and determine their
adequacy for use in the EIR; (3) Prepare up to 2 additional alternatives (this will increase to 4
additional alternatives) than our prior scope of work anticipated based both on response to the
NOP and outreach to the Community; (4) review, categorize and summarize an additional round
of NOP Scoping Comments; (5) to address additional management, meeting and coordination
time that has been necessary to accommodate the applicant's revised layout and revised
project schedule; and (6) to modify the previously prepared graphics to address the new project
site plans. In addition to what we have "already" been executing in good faith, we will need to
amend the contract to address "new tasks" that have surfaced since our prior contract approval.
These tasks include: (1) Preparation of a Parking Study Peer Review and Additional Surveys for
the project site [to be prepared by Kimley-Horn and Associates, Inc.]; (2) Preparation of two (2)
additional alternatives (for a total of four (4) "new" alternatives not previously addressed in our
scope of work; (3) preparation of supplemental analysis to be incorporated into the
Traffic/Circulation Section of the EIR with respect to (a) emergency access; (b) project
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pedestrian and bicycle access; and, (c) related public transit coordination/alternatives applicable
to the project; (4) preparation of additional geotechnical and hazardous materials evaluation
with respect to tsunami's and/or undocumented fill materials; (5) and finally, additional
management, meetings and coordination time to accommodate a nearly 5 month delay in the
project schedule. It should be noted that our original scope of work contemplated an aggressive
work schedule (per the request of the applicant, as well as to assist City staff). An aggressive
schedule is one that RBF favors as in many cases, it allows us to achieve significant
"efficiencies" given the overall commitment of staff time and resources. Unfortunately, to no
singular fault, this project has had a number of "stops" and "starts" that have precluded us from
being able to achieve the efficiencies we had originally envisioned.
In order to accommodate the above "new tasks" as well as the extended length of the project
schedule, we request concurrence with the approach outlined above, and the dollar amounts
outlined in the attached spreadsheet.
I would be happy to discuss all aspects of this letter request with you, as well as providing
additional detail where necessary. Please let me know if you wish additional information. Thank
you for your review and consideration.
Sincerely,
Laura Worthington -Forbes
Vice President — Planning & Environmental Services
6nth
14725 Alton Parkway, Irvine, CA 92618-2027 0 P.O. Box 57057, Irvine, CA 92619-7057 J 949.472.3505 '1 FAX 949.472.8373