HomeMy WebLinkAboutCC Resolution 11480 (General Plan 2020; Rosen Goldenberg & Der)RESOLUTION NO. 11480
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING AMENDMENT TO AGREEMENT WITH ROSEN GOLDBERG & DER
RE. SAN RAFAEL GENERAL PLAN 2020 (P00-07)
(COMMENCING ON MAY 19, 2003 AND ENDING ON JUNE 30, 2004, IN AN AMOUNT
NOT TO EXCEED $15,540)
WHEREAS, On April 21, 2003, the City of San Rafael (CITY) entered into an Agreement with
Rosen Goldberg & Der (CONTRACTOR) for the provision of planning consulting
services in connection with the preparation of background information, policy
development and environmental review pertaining to noise in San Rafael General
Plan 2020; and,
WHEREAS, said Agreement provided for planning services in an amount not to exceed $9,520;
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 Rosen Goldberg & Der, a California corporation, for
consulting services in connection with the San Rafael General Plan 2020 project for
an additional amount of $6,020, the total contract expenditure not to exceed $15,540.
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. LEONCIM, City Clerk
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AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL
AND ROSEN GOLDBERG & DER
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 Rosen Goldberg &
Der, a California corporation (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, on April 21, 2003, the City of San Rafael (CITY) entered into an
Agreement with Rosen Goldberg & Der (CONTRACTOR) for the
provision of planning consulting services in connection the preparation of
San Rafael General Plan 2020 and the Environmental Impact Report; 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 tenn 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 April 21, 2003
agreement and `B" attached and incorporated herein, in a total amount not to exceed
$15,540. Payment will be made monthly upon receipt by PROJECT MANAGER of
itemized invoices submitted by CONTRACTOR."
2. All other covenants, terns and conditions of the original Agreement remain in full
force and effect for the tenn 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. LEONCII-]I, City Clerk
Gus
TO FORM:
City Attorney
Xer,' [ M:7701 ICI] N
By:
Name: d
Title: P"t
2
EXHIBIT B
ROSEN
GOLDBERG
& DER Consultants in Acoustics
14 January 2004
Linda Jackson
City of San Rafael
Community Development Dept.
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Subject: San Rafael Noise Element — Additional Scope of Work
RGD# 03-018-1
Dear Linda,
This letter is a request for additional fee authorization to respond to concerns raised
by your recent review of the administrative draft EIR. Our scope of work is based on
conversations with you, Bob Berman and the comments received from Remy,
Thomas, Moose and Manley, LLP. This scope of work would be in addition to our
current contract.
SCOPE OF WORK
1. Airport Noise Measurements
Conduct environmental noise measurements in the residential areas near the
San Rafael Airport. These new measurements would be combined with the
2002 measurements conducted by another consultant to spot check the
contours. We will measure at the closest location used in 2002 for up to 5
days, depending on the weather. We understand that operational information
is not available. Therefore, it is not practicable to calculate new contours.
The noise measurement data would be submitted to the City in the form of a
letter/report. The results would then be incorporated into the EIR setting
section.
2. Revise EIR
o Address the applicability of the data in the 2001 Noise Background
report for the EIR considering the 2003 NOP date. We will update the
existing noise information for the EIR and noise element to use only the
existing traffic volumes compiled by the City in 2003.
1100 Larkspur Landing Circle • Larkspur CA 94939 • tel: 415 464 0150 fax: 415 464 0155
Linda Jackson
12 December 2003
Page 2
o Revise the impacts discussion in response to the written comments
from Remy, Thomas Remy, Thomas, Moose and Manley, LLP.
o Address the noise impacts of the General Plan "Land Use Changes"
and "Vacant Lands" maps.
3. Response to Comments
We will respond to comments on the Draft General Plan and EIR. We
anticipate requiring additional authorization beyond our current contract for this
work.
BUDGET
Based on our experience with this type of work we estimate our fees as follows:
Task Fee
Airport Noise Measurements $ 3,200
Revise EIR $ 1,700 1
Respond to comments (add fee) $ 1,120
Total $ 6,020
This concludes our scope and fee estimate. Call if you have any questions.
Sincerely,
ROSEN GOLDBERG & DER, INC.
Harold S. Goldberg, P.E.
Principal
03-018_add scope_12dec03.doc
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CERTIFICi _.'E OF LIABILITY INSU,.-ANCEDAT
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MAI IEH UF - INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 12675 ATTN: TAC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604-2675
510465-3090 1 INSURERS AFFORDING COVERAGE
INSURED
Rosen, Goldberg & Der, Inc.
1100 Larkspur Landing Circle, Suite 354
Larkspur, CA 94939
INSURER A: Hartford Casualty Insurance Co.
INSURER B:Securky Ins. Co. of Hartford
INSURER C:
INSURER D:
I INSURER E:
BODILY INJURY $
COVERAGES
(Per person)
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 TYPE POLICY NUMBER POLICY EFFECTIVE POLIGYEXPIRATION
LTR DATE fMMIDO/YY) DATE IMM/DD/YY)
LIMITS
A GENERAL LIABILITY 57SBAAU0613 02/28/03 02/28/04
EACH OCCURRENCE
$1,000,000
X COMMERCIAL GENERAL LIABILITY Policy Excludes
FIRE DAMAGE (Any one fire]
$300,000
CLAIMS MADE occuR Claims Arising I
MED EXP (Any one person) $10,000
out Of the
PERSONAL & ADV INJURY $1,000,000
Performance of
GENERAL AGGREGATE $2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: Professional
PRODUCTS-COMP/OP AGO $2,000,000
7 POLICYn PROT n LOC Services
A AU-OMOBILE LIABILITY 57SBAAU0613 02/28/0.3 02/28/04
COMBINED SINGLE LIMIT $1,000,000
ANY AUTO
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY INJURY $
X NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY
EACH OCCURRENCE $
OCCUR D CLAIMS MADE
AGGREGATE $
$
DEDUCTIBLE
I $
RFTENTION S
$
W ORKERS COMPENSATION AND
WC STATU- I OTH-
ITORY L M ITS I I I
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $
IE.L.DISEASE-EA EMPLOYEE $
E.L. DISEASE -POLICY LIMIT $
B oSHER Professional AEE0229420
02/28/03 02/28/04 $1,000,000 per claim
Liability
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIC NS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
BUSINESS LIABILITY, NON -OWNED and HIRED AUTOMOBILE LIABILITY ADDITIONAL
INSURED: The Certificate Holder and any other person named In the written
contract between the Named Insured and the Certificate Holder. The
coverage afforded is pursuant to Section C., Who Is An Insured,
(See Attached Descriptions)
CERTIFICATE HOLDER X I AODmONALINSURED;INSURERLETTER _A CANCELLATION
Bob Brown, Community Development
Director, Project Manager
City of San Rafael
1400 Fifth Ave
San Rafael, CA 94915-1560
ACORD 25-S (7/97)1 of 2 #M89563
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LLE D BEFORE THE EXPIRATION
DATETHERECF,THEISSUING INSURER WILLX*006pQB(r0MAIL30 DAYSWRITTEN
NCTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,
1! 11125 I'll
EI\iIC�N f\`J L. ��u o.uaWaOR
UT ORIZED REPRES€NTATIVE
GDM 0 ACORD CORPORATION 1988
DE; RIPTIONS (Continued from ige 1)
Sub-Sectlon f. Additional Insureds by Contract, Agreement or Permit, of
the Business Liability Coverage Form, Form No. SS 00 08.
GENERAL AND AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of San
Rafael, its officers, agents, employees, and volunteers
Insurance is primary and non-contributory, per policy wording.
AMS 25.3 (07197) 2 of 2 #M89563
EXCERPTS FROM: Hartford Form SS 00 08 03 00
BUSINESS LIABILITY COVERAGE FORM
C. WHO IS AN INSURED
2. f. Additional Insureds by Contract, Agreement or Permit (page 11 of 21)
Any person or organization with whom you agreed, because of a written contract or agreement or
permit, to provide insurance such as Is afforded under this Business Liability Coverage Form, but
only with respect to your operations, "your work" or facilities owned or used by you. However,
coverage under this provision does not apply:
(1) Unless the written contract or agreement has been executed or a permit has been issued prior
to the "bodily injury", "property damage" or "personal and advertising injury".
(2) To any person or organization included as an insured under provision g. (Broad Form
Vendors).
(3) To any other person or organization shown in the Declarations as an Additional Insured.
E.5. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned
in this policy to the first Named Insured, this Insurance applies:
a. As if each Named Insured were the only Named insured: and
b. Separately to each insured against whom a claim is made or "suit" is brought.
E.7. Other Insurance - Primary Additional Insured
If the written contract or agreement or permit requires this insurance to be primary for any
person or organization with whom you agree to include in WHO IS AN INSURED, this
Other Insurance Provision is applicable. (a) This insurance is primary. We will not seek
contribution from other insurance available to the person or organization with whom you agree to
include in WHO IS AN INSURED....
EXCERPT FROM Hartford Form SS 04 38 03 00
HIRED AUTO AND NON -OWNED AUTO
B. With respect to the operation of a "non -owned auto", WHO IS AN INSURED is replaced by the
fcllowing: The following are "insureds":
d. Anyone liability for the conduct of an "insured", but only to the extent of that liability.
EXCERPT FROM Hartford Form SS 00 05 06 96
COMMON POLICY CONDITIONS
K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
2. Applicable to Business Liability Coverage: If the insured has rights to recover all or part
of any payment we have made under this policy, those rights are transferred to us. The
insured must do nothing after loss to impair them. At our request, the insured will bring
"suit" or transfer those rights to us and help us enforce them.