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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 �� PdA �,�o 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 10 . 90SENGOLD CERTIFICi _.'E OF LIABILITY INSU,.-ANCEDAT E%a3DD/'") _._.�__ 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.