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HomeMy WebLinkAboutCC Resolution 11479 (General Plan 2020; Nicholas Berman)RESOLUTION NO. 11479 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENT TO AGREEMENT WITH NICHOLS BERMAN ENVIRONMENTAL PLANNERS RE. SAN RAFAEL GENERAL PLAN 2020 (P00-07) (COMMENCING ON DECEMBER 4, 2000 AND ENDING ON JUNE 30, 2004, IN AN AMOUNT NOT TO EXCEED $83,890) WHEREAS, On December 4, 2000, the City of San Rafael (CITY) entered into an Agreement with Nichols Berman Environmental Planners (CONTRACTOR) for the provision of planning consulting services in connection with the preparation of the environmental impact report for San Rafael General Plan 2020; and, WHEREAS, said Agreement provided for planning services in an amount not to exceed $56,940; and, WHEREAS, due to additional requirements for background and analysis, the CITY has determined that CONTRACTOR'S services need to be extended, and the contract increased a comensurate amount, and the CITY and CONTRACTOR now desire to amend the term of the Agreement; and, WHEREAS, the CONTRACTOR has the expertise and experience to perform the required professional services and is willing and able to continue to provide said services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby approves and authorizes the City Manager to sign the Professional Services Agreement amendment with Nichols Berman Environmental Planners, a sole proprietor, for consulting services in connection with the San Rafael General Plan 2020 project for an additional amount of $26,950, the total contract expenditure not to exceed $83,890. 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 the 20th day of January, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JE M. LEONCINI, City Clerk a ►I�Ti�►i�►i i�1►il 1i1—ICi7 AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND NICHOLS BERMAN ENVIRONMENTAL PLANNERS FOR PROFESSIONAL SERVICES This Amendment to Agreement is made and entered into this 20th day of January 2004 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Nichols Berman Environmental Planners, a sole proprietor (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on December 4, 2000, the City of San Rafael (CITY) entered into an Agreement with Nichols Berman Environmental Planners (CONTRACTOR) for the provision of planning consulting services in connection the preparation of the Environmental Impact Report for the San Rafael General Plan 2020; and, WHEREAS, due to legal review, the CITY has determined that CONTRACTOR'S services need to be expanded to include additional research and analysis for the Environmental Impact Report, and the contract increased a comensurate amount; and the CITY and CONTRACTOR now desire to amend the term of the Agreement; and, WHEREAS, the CONTRACTOR has the expertise and experience necessary to perform the required professional services and is willing and able to continue to provide said services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Paragraph 4 of the Agreement is amended to read as follows: "For the full performance of the services described herein by CONTRACTOR, CITY shall pay contractor as described in Exhibits "A" in the December 4, 2000 agreement and `B" attached and incorporated herein, in a total amount not to exceed $83,890. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR." fop 1 2. All other covenants, terms and conditions of the original Agreement, as amended on February 18, 2003 to extend the terms of the contract, remain in full force and effect for the term of the Amended Agreement. 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 ATTEST: JEANNE M. LEONCINI, City Clerk TO FORM: '� Gus an, Assi t City Attorney CONTRACTOR B\Mk P L Y• Name: Qobe,-'� n. B r',,nev) Title: eD w ,n er 0,1 le), . Ge -n^ 2 Nichols . Berman Environmental Planners MEMORANDUM EXHIBIT B 110 East D Street — Suite E Benicia, CA 94510 707.745.5845 Phone 707.745.5856 FAX bob@nicholsberman.com DATE: January 14, 2004 TO: Linda Jackson REGARDING: San Rafael General Plan 2020 EIR FROM: Bob Berman 13CIALV154RVF 2039 Shattuck Avenue — Suite 507 Berkeley, CA 94704 510.883.9520 Phone 510.548.1263 FAX sf@nicholsberman.com As we have discussed, it will be necessary to amend our budget contract amount to assist the City in the preparation of the San Rafael General Plan 2020 EIR. This is primarily due to the fact that there have been significantly more analyses required to prepare the EIR than initially anticipated. A status of our budget is provided below: Time Period Budget Amount Total Contract Amount $56,940.00 Amount billed through October 31, 2003 $37,330.78 Amount incurred in November 2003 but not yet $9,480.00 billed Amount incurred in December (through $3,990.00 December 15) 2003 but not yet billed Amount remaining $6,139.22 Additional budget will be required to complete three main tasks: Task 1.0 — Complete Administrative Draft EIR and prepare Draft EIR Based on the comments received from City staff and from Remy, Thomas, Moose, and Manley we will continue to assist City staff to complete the revised ADEIR. We will also continue to coordinate with the EIR subconsultants in the preparation of their revised sections. We will respond to final comments on the revised ADEIR and assist City staff to prepare the Draft EIR. It is understood that City staff will be responsible for the printing and distribution of the Draft EIR. It is also assumed that there will not be extensive comments on the revised ADEIR that will require substantial additional work. I have assumed 120 hours of Sofi Zander's time (120 hours at $60.00/hour equals $7,200.00) and 40 hours of my time (40 hours at $100.00/hour equals $4,000.00). Based on this estimate, the cost to complete this task is $11,200.00. Task 2.0 — Attend Pui. -learings I typically budget six hours for a public hearing, this includes preparation time, attendance at the hearing and immediate follow-up. This results in a per meeting cost of $600.00 plus some travel expenses. If it is assumed that I will attend 11 public hearings (any combination of Planning Commission and City Council meetings) the cost for this task is $6,600.00 plus expenses (assume $350.00). Task 3.0 — Prepare Response to Comments on the Draft EIR It is difficult to estimate the number of and the extent of comments that the City will receive on the San Rafael General Plan 2020 Draft EIR that will require responses. For planning purposes I have assumed 80 hours of Sofi Zander's time (80 hours at $60.00/hour equals $4,800.00) and 40 hours of my time (40 hours at $100.00/hour equals $4,000.00). Based on this estimate, the cost for this taskis $8,800.00. This estimate assumes that comments on the Draft EIR will not raisealtogether new topics requiring additional analyses and further assumes that we can respond to the number and complexity of the comments actually received within the time allotted. We will, of course, continue to bill the City on a time -and -materials basis at our standard hourly rates. ACORD CERTIFIGVrE OF PRODUCER Professional Insurance Assoc. 1100 Industrial Road, #3 San Carlos CA 94070 Phone: 650-592-7333 Fax: 650-594-4936 INSURED LIABILITY INSU1 'ANCI;1CHORIEW I DATE (�iD6D�02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION`, �Vy` ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE V HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Hartford Insurance Co [ K.UI INSURER B: J Nichols/Berman I INSURER C: 110 East D Street, Suite E INSURER D: Benicia CA 94510 I 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 Vubul EhFEq Ii4E PU_LII;Y """'A "UN LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) I LIMITS GENERAL LIABILITY EACH OCCURRENCE I $ 1,000,000 A X COMMERCIALGENERAL LIABILITY 57-SBA-GN4115 01/05/03 01/05/04 I FIRE DAMAGE (Any onefir.) 1$300,000 CLAIMS MADE ❑X OCCUR I MED EXP (Any one person) I $ 10,000 PERSONAL& ADV INJURY I $ 11000,000 GENERAL AGGREGATE Is 2, 000, 000 GENT AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG Is 2, 000, 00 0 POLICY ] JE0 n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A _ ANY AUTO 57-SBA-GN4115 01/05/03 01/05/04 (Ea accident) I $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) I $ X HIRED AUTOS BODILY INJURY I $ � X NON -OWNED AUTOS RECEIV (Per accident) PROPERTY DAMAGE $ DEC(Per accident) GARAGE LIABILITY LAUTO ONLY - EA ACCIDENT I $ ANY AUTO OTHER THAN EAACC I $ AUTO ONLY: EXCESS LIABILITY RISK M N A G EI ENT � EACH OCCURRENCE AGG I$ IOCCUR FICLAIMS MADE I AGGREGATE i $ $ DEDUCTIBLE I I $ RETENTION $ I $ WORKERS COMPENSATION AND wt; 6HI UU - I - EMPLOYERS' LIABILITY I TORY LIMITS I I ER„ E.L. EACH ACCIDENT I $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as Additional Insured with respect to the operations of the Named Insured * Except 10 Days Notice For Non -Payment CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: SANRAFI City of San Rafael Attn. 1410M Audibert P.O.Box 151560 San Rafael CA 94915 I ACORD 25-S (7/97) 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 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Barton H. Darnell ,{�j) n �YI. �T. lC�vt n �L u✓ ©ACORD CORPORATION 1988