HomeMy WebLinkAboutCC Resolution 11866 (Village Loch Lomond Project)RESOLUTION NO. 11866
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 2 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 $376,597.00)
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, the City Council adopted Resolution No. 11778, which
approved an amendment to the initial Agreement for Professional Services. The amendment was
required to address expanded study topics for the EIR, including the preparation of a parking
study by Kin -ley Horn Associates, transportation consultants. The amendment authorized
services in the amount of $55,657.00, which with the initial Agreement budget, authorized a total
not -to -exceed budget of $302,604.00; and
WHEREAS, during the EIR preparation process, it was determined that expanded
analysis of specific EIR was necessary, which included the need for additional coordination and
attendance at additional meetings by RBF Consulting. Furthermore, staff has requested review of
a second Administrative Draft EIR, which is necessary to ensure all EIR topics are adequately
assessed; and
WHEREAS, RBF Consultant has prepared a scope of work for the amended services,
which are outlined in attached Exhibit `A.' The proposal for additional services includes a not -to -
exceed budget of $73,993.00, which would be added to the current not -to -exceed budget of
$302,604.00 not -to -exceed budget established under the executed Agreement for Professional
Services, resulting in a total budget of $376,597.00; and
WHEREAS, the developer has agreed to pay all consultant costs associated with the
preparation of the EIR.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael does hereby authorize the Interim City Manager to execute, on behalf of the City of San
Rafael, Amendment No. 2 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 19th day of December 2005, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ANNE M. LEONCIlVI, City Clerk
EXHIBIT `A'
AMENDMENT NO.2 TO AGREEMENT FOR
PROFESSIONAL SERVICES
This Amendment No. 2 to an Agreement for Professional Services is made and entered
into on the 190' day of December 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 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; and
WHEREAS, during the process of the preparing the EIR, it was determined that
expanded study and additional, detailed analysis of some of the study topics was necessary
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.2 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 $376,597.00 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); and the Request for Contract
Amendment and Re-establishment of Contingency Fees ($73,993.00, 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.
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The term of this Agreement shall be from March 2, 2004 and conclude on August 1, 2006. Upon
mutual agreement of the parties, and subject to the approval of the City Manager the term of this
Agreement shall be extended for an additional period.
All of the other provisions, terms and obligations of the Agreement for Professional
Services executed on March 2, 2004, and the subsequent Amendment executed in June 2005 shall
remain valid and shall be in force with the execution of this Amendment No. 2.
IN WITNESS WHEREOF, the parties have executed this Agreement No. 2 as of the
day, month, and year first above written.
CITY OF SAN RAFAEL
. A .
ORDHOFF,Interim nager
ATTEST:
ANNE M. LEO&CINI, City Clerk
Attorney
2
CONTRACTOR
Name: Laura Worthington Forbes
Title: Principal
BF
F . .
CONSULTING
November 23, 2005
Mr. Paul Jensen, AICP, Contract Planner
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94915-1560
EXHIBIT A
JN: 40-100212.001
Subject: Request for Contract Addendum and Re-establishment of Contingency
Fees for the Villages at Loch Lomand Project EIR
Dear Mr. Jensen:
Per your request, this letter details the out of scope expenses RBF has incurred with respect to:
(1) responding to the City's comments on the Villages at Loch Lomond Administrative Draft EIR;
(2) augmenting the analyses and modifying the mitigation measures provided by the applicant's
consultants; (3) reviewing and responding to information provided by the applicant; (4)
coordinating with City staff, the applicant, and the applicant's consultants; and, (5) managing the
project.
This project has continued to undergo increasing public scrutiny since project inception.
Accordingly, the City's level of review and specificity of comments was conducted with the
expectation of intense public and legal scrutiny of the Draft EIR. This detailed level of review by
the City has been reflected in the time RBF staff have spent responding to the City's comments.
Our original expectation, as detailed in our approved scope of work, was that revisions to the
Administrative Draft EIR made as a result of City comments would require approximately 96
hours of professional staff labor at a cost of $10,840. To date, RBF has spent 462.5 hours at a
cost of $37,054 responding to City staff comments, outside legal council and contract consultant
comments, as well project information additions/modifications submitted by the project applicant
as follows:
• Environmental Specialist - 68 hours;
• Environmental Planner —132 hours;
• Environmental Analyst —142.5 hours;
• Assistant Planner —112 hours; and
• Administrative Assistant — 8 hours.
Similarly, the analyses and mitigation measures provided by the applicant's consultants required
revisions and supplements in anticipation of the heightened public and legal scrutiny of the Draft
EIR. To date, RBF has spent 153 hours at a cost of $11,705 researching and coordinating with
subject -area experts in order to augment the analyses and mitigation measures provided by the
applicant's consultants. These costs have been incurred as follows:
004
14725 Alton Parkway, Irvine, CA 92618-2027 ■ P.O. Box 57057, Irvine, CA 92619-7057 ■ 949.472.3505 ■ FAX 949.472.8373
Offices located throughout California, Arizona & Nevada ■ www.RBF.com
FBF
CONSULTING
• Project Manager - 1 hour;
• Environmental Planner — 18 hours;
• Environmental Analyst — 113.5 hours; and
• Assistant Planner — 20.5 hours.
The extension of the schedule resulting from the additional work described above; coordinating
with City staff, the applicant, and the applicant's consultants; as well as reviewing and
responding to additional information submitted by the applicant has also resulted in out of scope
expenses. To date, RBF has spent 208.5 hours at a cost of $23,271 in project management
time, meetings, and coordination with subconsultants, City staff, the applicant, and the
applicant's consultants. These costs have been incurred as follows:
• Principal -in -Charge — 64.5 hours;
• Project Manager - 4 hours;
• Environmental Planner — 2 hours;
• Environmental Analyst — 135.5 hours; and
• Administrative Assistant — 2.5 hours.
The above summary of additional work, which totals $72,030, identifies the work effort and
technical breadth/detail provided by RBF above and beyond our original scope of work.
Categorized by CEQA issue area, the additional effort is approximately divided as follows:
• Project Description — 10% (researching and responding to City comments; updating
the Project Description with new and revised exhibits; updating the Project Description
with the new landscape and recreational plans; and updating the Project Description with
the surcharge program and construction traffic);
• Land Use and Relevant Planning — 15% (researching and responding to City
comments and revising and supplementing the General Plan policy analysis per City
comments and new and revised applicant -submitted information);
• Biological Resources — 15% (researching and responding to City comments and
addressing additional wetland buffers issues);
• Hydrology, Drainage, and Water Quality — 20% (researching and responding to City
comments; researching potential global warming scenarios and possible impacts;
coordinating with applicant's consultants and City staff regarding possible impacts
related to global warming; researching potential tsunami run-up scenarios in light of
global warming -induced sea level rise; coordinating with applicant's consultant's and City
staff on new tsunami run-up scenarios; coordinating with applicant's consultants and City
staff regarding discrepancies in mean tide elevation scenarios; researching, coordinating
with applicant's consultants, and revising document to develop performance measures
for hydrology and water quality mitigation measures; and supplementing the section with
new impervious area and stormwater volume data);
• Geology, Soils, and Seismicity — 20% (researching and responding to City comments;
coordinating with applicant's consultants to develop performance measures for
mitigation measures; researching and developing performance measures for mitigation
6�a"L004
14725 Alton Parkway, Irvine, CA 92618-2027 ■ P.O. Box 57057, Irvine, CA 92619-7057 a 949.472.3505 ■ FAX 949.472.8373
Offices located throughout California, Arizona & Nevada ■ www RBF.com
FBF
CONSULTING
measures; and revising and incorporating new applicant -provided information on existing
site conditions and the proposed surcharge program);
Public Utilities — 15%; and (researching and responding to City comments and
reviewing and responding to the incomplete sewer study); and
Cultural Resources —10% (researching and responding to City comments);
Other CEQA Sections — 5% (researching and responding to City comments).
As a result of keeping the project moving forward, we have now expended nearly all approved
contract dollars by advancing dollars targeted for later/subsequent tasks. By moving forward
with one of the options described below, we will have the funds for these subsequent tasks.
Based on our telephone conversation on November 22, 2005, we understand the City's and
applicants concern that the breadth of comments received on the Administrative Draft EIR is, in
part, the result of lack of detail and/or insufficient analysis/errors provided or caused by RBF.
Prior to submitting our addendum request, we carefully reviewed the City's comments to
determine our level of professional responsibility and burden for corrective actions to the
document. I do not take this responsibility lightly, as our quality is something I take very
personally. We did not reflect this effort (RBF's responsibility for corrective actions) in our
contract addendum request as it was our understanding (based on my conversation with you)
that the City was most interested in quantifying the work effort and associated cost that would
be necessary to complete the document from this point forward.
The effort quantified herein is our best estimate of the work above and beyond our approved
scope of work. Our contract addendum does not include any requests to recover expenses that
are appropriately our responsibility, based on our error or our judgment. Additionally, please
remember that in our attempt to maintain the project schedule absent complete applicant
technical analysis, we submitted an incomplete Administrative Draft EIR, which likely
exacerbates the perspective that our document was of not up to RBF standards.
We clearly recognize that the cost associated with managing the EIR preparation in the manner
we have all agreed to is higher than any of us have predicted at the outset. In addition, given the
concerns expressed, we are willing to bear a greater degree of responsibility for the expenses
incurred than are reflected on page 1 of this letter. As such, and based on our mutual
discussions (on November 21 and 22, 2005), RBF agrees to hold firm to a not to exceed fee of
$73,993. In addition, we will forgo the 10% contingency fee that we had previously requested to
address other unanticipated out -of -scope or other requested task assignments as may be
required.
This proposal would provide RBF with a contract amendment for the completion and publication
of the Draft EIR, as described above, as well as responses to public comments and completion
of the Final EIR based upon the expected work effort outlined in our original scope (116 hours
for responses to comments). Therefore, this approach would result in an amendment to our
contract to take us through completion of the project. The total amount requested would be
$73,993. Based on our electronic mail (e-mail) exchange on November 22, 2005, we
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14725 Alton Parkway, Irvine, CA 92618-2027 ■ P.O. Box 57057, Irvine, CA 92619-7057 ■ 949.472.3505 ■ FAX 949.472.8373
Offices located throughout California, Arizona & Nevada ■ www RBF.com
Pod
WSM
CONSULTING
acknowledge that the City will leave "open" the option to revisit the budget once the DER public
review process has closed.
Attached for your review is a spreadsheet summarizing the Administrative Draft EIR work efforts
described above. I would be more than happy to discuss any aspects of this letter or the
attached spreadsheet with you, as well as providing additional detail where necessary. Please
let me know if you wish additional information or would like any clarification. Thank you for your
time in reviewing our request.
Sincerely,
Laura Worthington -Forbes
Vice President — Planning & Environmental Services
Attachment
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14725 Alton Parkway, Irvine, CA 92618-2027 ■ P.O. Box 57057, Irvine, CA 92619-7057 ■ 949.472.3505 ■ FAX 949.472.8373
Offices located throughout California, Arizona & Nevada 0 www.RBF.com