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HomeMy WebLinkAboutCC Resolution 11563 (General Plan 2020; Live Oak Associates)RESOLUTION NO. 11563 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENT TO AGREEMENT WITH LIVE OAK ASSOCIATES, INC. RE. SAN RAFAEL GENERAL PLAN 2020 (P00-07) (COMMENCING ON JANUARY 16, 2001 AND ENDING ON JANUARY 31, 2005, IN AN AMOUNT NOT TO EXCEED $34,578) WHEREAS, On January 16, 2001, the City of San Rafael (CITY) entered into an Agreement with Live Oak Associates, Inc. (CONTRACTOR) for the provision of planning consulting services in connection with the preparation of background information, policy development and environmental review pertaining to biological resources in 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 $27,584; 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: 1. approves the Amendment to the Agreement with Live Oak Associates, Inc., a California Corporation, for consulting services in connection with the San Rafael General Plan 2020 project for an additional amount of $6,994, the total contract expenditure not to exceed $34,578, a copy of which is attached hereto and incorporated herein; and, 2. authorizes the City Manager to execute this Amendment. I, JEANNE ill. 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: CO[iNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: FI e l l e r A, . JEAN LM. EONCINI, City Clerk 4RIG A� �� AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND LIVE OAK ASSOCIATES, INC. 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 Live Oak Associates, Inc., a California corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, On January 16, 2001, the City of San Rafael (CITY) entered into an Agreement with Live Oak Associates, Inc. (CONTRACTOR) for the provision of planning consulting services in connection with the preparation of background information, policy development and environmental review pertaining to biological resources in 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 $27,584; 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. 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 January 16, 2001 agreement, and Exhibit `B" in the January 20, 2004 amendment, and Exhibit "A" attached and incorporated herein, in a total amount not to exceed $34,578. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR." "The term of this Agreement shall commence on January 16, 2001 and end on January 31, 2005." 3. All other covenants, terms and conditions of the original Agreement, as amended on February 18, 2003 and on January 20, 2004 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: JYANNE M. LEONCM, City Clerk APPROV]Ep ASTO GARY T. RAOW 4 W Attorney CONTRACTOR By:IN Nam"e-.-. Title: 1g3M�� EXHIBIT A an Ecological Consulting Firm April 26, 2004 Linda Jackson City of San Rafael P.O. Box 151560 San Rafael, CA 94915 SUBJECT: Response to Comments Regarding the Draft General Plan EIR 2020 for the City of San Rafael, Marin County. Dear Linda, The following proposal outlines what will need to be completed, and has been completed to date (approximately $3,250), in order to respond to comments regarding the San Rafael Draft General Plan EIR 2020. These tasks include reviewing background material, a site visit to evaluate the areas of concern, responding to the comments, and meetings with City staff. We would propose to complete this work on a time -and -materials basis for a not -to -exceed cost of $6,994. This amount includes enough time for Live Oak Associates, Inc. to attend two future meetings. If attendance at additional meetings is not required, the total budget will be reduced to a not -to -exceed cost of $5,494. Task 1.0 Review of Background Materials Live Oak Associates, Inc. (LOA) will review all comments regarding biological issues submitted to the City. These comments will be referenced to the most recent version of the Plan before responses are formulated. Task 2.0 Field Visit A field visit to the San Rafael Planning Area, with emphasis on the Canalways property and the airport, was conducted in March 2004 by Senior Wildlife Ecologist Dr. Rick Hopkins and Wetland Ecologist/Botanist Melissa Denena. At this time, initial comments were compared to current site conditions and any observed changes/modifications to these areas were noted. San Jose Office: 6830 Via Del Oro, Suite 205 o San Jose, CA 95119 o Phone: 408-281-5885 6 Fax: 408-224-1411 Oakhurst Office: P.O. Box 2697 a 49430 Road 426, Suite B o Oakhurst, CA 93644 o Phone: 559-642-4880 a Fax: 559-642-4883 Task 3.0 Response to Comments Regarding the Draft General Plan 2020 A response to comments will be compiled by Dr. Hopkins and Ms. Denena addressing the biological comments received by the City. These comments will be in the requested format and will be completed by mid-May. Task 4.0 Meetings We have included the time billed for the March meeting with Ms. Jackson (City of San Rafael), Bob Berman (Nichols Berman), Dr. Hopkins, and Ms. Denena. Time has also been included for Live Oak Associates, Inc. to attend two additional meetings or hearings; this time will only be billed if it is determined that our attendance is necessary. If you have any questions regarding our proposal please contact me at your earliest convenience Sincerely, Melissa Denena Assistant Project Manager Wetland Ecologist/Botanist Ml