HomeMy WebLinkAboutCC Resolution 11561 (General Plan 2020; Nichols Berman)RESOLUTION NO. 11561
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 JANUARY 31, 2005, IN AN
AMOUNT NOT TO EXCEED $97,910)
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, on February 18, 2003, said Agreement was amended to provide for an expiration
date of June 30, 2004; and,
WHEREAS, on January 20, 2004, said Agreement was amended to provide for additional
services in an amount not to exceed $83,890; and,
WHEREAS, due to additional requirements for preparation of the Final Environmental Impact
Report, 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:
1. approves the Amendment to the Agreement 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 $15,520, the total contract expenditure not to exceed $97,910, a
copy of which is attached hereto and incorporated herein; and,
2. authorizes the City Manager to execute this Amendment.
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 7th day of June, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Hiller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: [lone
ABSENT: COUNCILMEMBERS: Heller
JE M. LEONCINI, City Clerk
AMENDMENT TO
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 7th day of June, 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 with the preparation of the environmental impact report for
San Rafael General Plan 2020; and,
WHEREAS, on February 18, 2003, said Agreement was amended to provide for an
expiration date of June 30, 2004; and,
WHEREAS, on January 20, 2004, said Agreement was amended to provide for
additional services in an amount not to exceed $83,890; and,
WHEREAS, due to additional requirements for preparation of the Final Environmental
Impact Report, 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.
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 Exhibit "A" in the December 4, 2000
agreement, Exhibit `B" in the January 20, 2004 agreement, and Exhibit "A" attached
and incorporated herein, in a total amount not to exceed $97,910. Payment will be
made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR."
2. Paragraph 5 of the Agreement is amended to read as follows:
"The term of this Agreement shall commence on December 4, 2000 and end on
January 31, 2005."
3. All other covenants, terms and conditions of the original Agreement, as amended on
February 18, 2003 and January 20, 2004, 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
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ROD GOULD, City Manager
ATTEST:
E A M. LEONCM, City Clerk
APPROVEP, AS
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GARY T. RAAG)iV
Attorney
CONTRACTOR
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Name: n f-bery)G✓)
Title:
Nichols . Berman
Environmental Planners
MEMORANDUM
DATE:
TO:
REGARDING:
FROM.
MESSAGE:
EXHIBIT A
110 East D Street — Suite E
Benicia, CA 94510
707.745.5845 Phone
707.745.5856 FAX
bob@nicholsberman.com
May 7, 2004
Linda Jackson
San Rafael General Plan
Bob Berman
2039 Shattuck Avenue — Suite 507
Berkeley, CA 94704
510.883.9520 Phone
510.548.1263 FAX
sf@nicholsberman.com
Last week when we talked you mentioned the need to extend our agreement with the city and asked
about the status of our budget. As you know our current contract ends on June 30, 2004.
Our current budget status is as follows:
Time Period Budget Amount
Total Contract Amount $83,890.00
Amount billed through March 31, 2004 $75,483.04
Estimated costs in April, 2004 (not yet billed) I $4,140.00
Amount remaining I $4,266.96
As you aware, it is difficult to estimate the additional time necessary to complete theResponse to
Comments document. We will continue to work with City staff, Lisa Newman, and Tiffany Wright of
Remy, Thomas, Moose and Manley to respond to comments generated on the Draft EIR and Draft
General Plan 2020. For planning purposes I have assumed an additional 80 hours of Sofi Zander's
time (80 hours at $60.00/hour equals $4,800.00) and 64 hours of my time (64 hours at $100.00/hour
equals $6,400.00). Based on this estimate this cost is $11,200.00. This estimate assumes that I will
atit:td two additional planning commission hearings and two city council hearing.
In addition it may be necessary to respond to additional written comments submitted to the City
Council regarding the adequacy of the Response to Comments document. For planning purposes I
have assumed an additional 32 hours of Sofi Zander's time (32 hours at $60.00/hour equals $1,920.00)
and 24 hours of my time (24 hours at $100.00/hour equals $2,400.00). Based on this estimate this cost
is $4,320.00.
The combined total cost for these two tasks therefore is $15,520.00.
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