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Home My WebLink AboutCC Resolution 12249 (Planning Services; Paul Jensen)RESOLUTION NO. 12249 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH PAUL A. JENSEN FOR SERVICES AS PROJECT PLANNER FOR "THE VILLAGE AT LOCH LOMOND MARINA" PROJECT, INCREASING THE BUDGET FOR SERVICES (Agreement Term: March 21, 2005 through December 31, 2007, with a budget not to exceed $167,797.50) WHEREAS, on March 21, 2005 the City Council authorized the City Manager to execute a Professional Planning Services Agreement with Paul A. Jensen, AICP (Consultant) for services as project planner for "The Village at Loch Lomond Marina" project, with a term of March 21, 2005 to March 21, 2007 and a maximum budget amount of $40,375.00; and WHEREAS, on December 19, 2005 the City Council adopted Resolution No. 11869 authorizing the City Manager to execute a First Amendment to the March 21, 2005 Agreement, increasing the project budget by $40,375.00 to a new maximum budget amount of $80,750.00; and WHEREAS, on June 19, 2006 the City Council adopted Resolution No. 11971 authorizing a Second Amendment to the March 21, 2005 Agreement increasing the project budget by an additional $53,257.50 to a new maximum budget amount of $134,007.50 and permitting an increase in Consultant's hourly rate from $95 per hour to $115 per hour; and WHEREAS, on March 5, 2007, the City Council adopted Resolution No. 12201 authorizing a Third Amendment to the Agreement for Planning Services, extending the term of the agreement from March 21, 2005 through December 31, 2007, without any change the maximum budget; and. WHEREAS, as outlined in the May 2, 2007 letter from Paul A. Jensen, processing of the Environmental Impact Report (EIR) and related planning entitlements has nearly exhausted the existing budget and the remaining budget is inadequate to cover anticipated charges for his services to complete planning entitlement and EIR process. This is due to the numerous delays and requirement for additional studies, attendance at public hearings and study sessions, and preparation of staff reports that were not anticipated in the current budget and are beyond the control of the Consultant; and WHEREAS, all costs associated with the Consultant's services as project planner will be recouped from application and permit processing fees collected from the project developer during the course of the development review process for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, a "Fourth Amendment to Agreement for Professional Planning Services" with Paul A. Jensen, AICP, increasing the not to exceed budget amount from $134,007.50 to $167,797.50, in the form attached herewith. 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 City Council of said City held on Monday, the 215` day of May, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE =—M LEONCINI, City Clerk FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This fourth amendment to the Agreement for Professional Planning Services is made and entered into this 21" day of May, 2007, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PAUL A. JENSEN, AICP (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY and CONTRACTOR executed an Agreement for Professional Planning Services regarding project oversight of responsibilities related to the "The Village at Loch Lomond Marina" development project on March 21, 2005 with an approved budget of $40,375.00, with the Agreement term expiring on March 21, 2007; and WHEREAS, on December 19, 2005, the CITY and CONTRACTOR executed a First Amendment to the Agreement for Professional Planning services, increasing the approved budget from $40,375.00 to $80,750.00; and WHEREAS, on June 19, 2006, the CITY and CONTRACTOR executed a Second Amendment to the Agreement for Professional Planning Services, increasing the approved budget from $80,750.00 to $134,007.50, and increasing CONTRACTOR's hourly billing rate from $95 per hour to $115 per hour; and WHEREAS, on March 5, 2007, the CITY and CONTRACTOR executed a Third Amendment to the Agreement for Professional Planning Services, extending the term of the agreement from March 21, 2005 through December 31, 2007. WHEREAS, it has been determined that processing of the Environmental Impact Report (EIR) and related entitlements for "The Village at Loch Lomond Marina" project will extend beyond the current budget of $134,007.50 due to project delays and the need for expanded studies, staff reports, public meetings and analysis beyond CONTRACTOR's control. AGREEMENT NOW, THEREFORE, the parties hereby agree to a fourth amendment to the original Professional Services Agreement of March 21, 2005 and subsequently amended on December 19, 2005, June 19, 2006 and March 5, 2007, as follows: 4. COMPENSATION For full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $115.00 per hour. The billing amounts authorized under this agreement shall not exceed $167,797.50. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5'21.2007 Amendment #4 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Raffi Boloyan Principal Planner City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 All other terms outlined in the March 21, 2005 Professional Services Agreement, and as amended on December 19, 2005, June 19, 2006 and March 5, 2007, between the CITY and CONTRACTOR are unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL bRDHOFF, City Mai6ge ATTEST: �. ANNE M. LEONCINI, City Clerk APPROVED AS TO FORM: GARY T. RAGGHIANTI, City Attorney 512112007 — Amendment #4 CONTRACTOR Name: Paul A. Jensen Title: Sole Proprietor