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HomeMy WebLinkAboutCD Target Store Project Consultingn' �m 1 "L. Agenda Item No: 3 Meeting Date: April 6, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by. f ( City Manager Approv Community Development Dir etor (PJ) SUBJECT: Resolution authorizing the City Manager to execute Amendment No. 2 to an Agreement for Professional Services with RBF Consulting for assistance needed to prepare an Environmental Impact Report (EIR) for the San Rafael Target Store project at Shoreline Center, increasing the maximum contact amount by $8,500.00 (from $309,602.00 to $318,102.00) and extending the term of the contract through December 31, 2009 RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution. BACKGROUND: On June 20, 2007, the City Council adopted Resolution No. 12774 authorizing the City Manager to execute a Professional Services Agreement between RBF Consulting and the City of San Rafael. The Professional Services Agreement authorized RBF to prepare an EIR for the proposed Target store at the Shoreline Center development project. The scope of the EIR established for this contract was based on a preliminary review of the potential project impacts. The agreement set forth a maximum budget of $285,806.00 and established a one-year term, expiring on June 20, 2008. On February 19, 2008, the City Council adopted Resolution No. 12426 authorizing an amendment to the RBF contract budget in order to prepare an urban decay analysis. The amendment increased the contract budget by $23,796.00, establishing a new maximum budget of $309,602.00. In late summer 2008, the Draft Environmental Impact Report (DEIR) was completed and published. A 45 - day public review period was observed, which included a public hearing conducted by the Planning Commission (October 28, 2008). In winter 2008, the applicant/property owner (CalPox) informed the City that Target was placing the project on -hold due to the slowdown in the national economy. CalPox is continuing to work with the Target representatives on this project. Consequently, CalPox is requesting that the City start-up work on completing the project EIR, which involves the responding to comments on the DEIR and publishing a Final EIR (FEIR) for certification. The City received numerous comments on the DEIR, which require detailed responses. As a result, a modest amendment to the budget for the RBF agreement is proposed to adequately respond to the DEIR comments. An additional $8,500.00 is needed to complete this task. The budget amendment would increase the total, maximum budget to $318,102.00. Further, the current agreement includes a December 31, 2008 termination clause. This amendment would reestablish term to December 31, 2009. ANALYSIS: Given the extent of comments submitted on the DEIR, the budget amendment of $8,500.00 is reasonable and modest. Extending the term of the agreement is necessary in order for RBF Consulting continue work to complete the Final Environmental Impact Report (FEIR). FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa¢e: 2 FISCAL IMPACT: Execution of this amendment to the Agreement for Professional Planning Services would not result in a fiscal impact to the City given that project applicants agree to pay all costs associated with the review and processing of the EIR. OPTIONS: The following options may be considered by the City Council: 1. Authorize the City Manager to execute Amendment No. 2 to the Agreement for Professional Services with RBF Consulting as presented. 2. Delay the execution of Amendment No. 2 to the Agreement for Professional Services, and provide direction to staff. ACTION REQUIRED: It is recommended that the City Council adopt the attached resolution. ATTACHMENTS: Attachment 1 City Council Resolution, with Draft Amendment No. 2 to the Agreement for Professional Services and Letter from RBF Re: Addendum No. 2 to Consultant Services Agreement to Prepare an Environmental Impact Report CC Report— RBF —Target 2ntl Amend_04.06.09.doc RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH RBF CONSULTING FOR ASSISTANCE NEEDED TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFAEL TARGET STORE PROJECT AT SHORELINE CENTER (Term of Agreement: from December 31, 2008 to December 31, 2009, for an amount not to exceed $318,102.00) WHEREAS, on June 20, 2007, the City Council adopted Resolution No. 12774 approving an Agreement for Professional Planning Services with RBF Consulting for the preparation of an Environmental Impact Report (EIR) for the Target Store project at Shoreline Center project. The Agreement for Professional Services established a budget limit of $285,806.00 and a term ending on June 20, 2008; and WHEREAS, on February 19, 2008, the City Council adopted Resolution No. 12426 approving an amendment to the Agreement for Professional Planning Services, which authorized a budget amendment of $23,796.00. This amendment adjusted the contract budget limit to $309,602.00; and WHEREAS, in late summer 2008, the Draft Environmental Impact Report (DEIR) was published and made available for public review. The City received numerous comments on the DEIR, which require detailed responses. As a result, RBF is proposing an amendment to the contract budget requesting an additional $8,500.00. The requested amendment would increase the previously approved contract budget limit to $318,102.00) and would extend the term of the Agreement through December 31, 2009. 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, an amendment to the Agreement for Professional Services with RBF Consulting, in the form attached herewith as Exhibit A. I, ESTHER C. BEIRNE, 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 6th day of April 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: :: ► K�II1�C u__ ��1 : _ ESTHER C. BEIRNE, City Clerk Exhibit "A" Amendment No. 2 to Professional Services Agreement with RBF Consulting for Preparation of an Environmental Impact Report for the San Rafael Target Store Project at Shoreline Center, including RBF letter Re: Addendum to Consultant Services Agreement to Prepare an Environmental Impact Report 1 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFEL TARGET STORE PROJECT AT SHORELINE CENTER This Amendment No. 2 to the Professional Services Agreement is made and entered into this day of April 2009, by and between the City of San Rafael (hereinafter "CITY"), and RBF Consulting, a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on June 20, 2007, the CITY and CONTRACTOR executed a Professional Services Agreement (agreement) for the preparation of an Environmental Impact Report for the San Rafael Target Store project at the Shoreline Center. The agreement was executed with a not -to -exceed budget of $285,806.00; and WHEREAS, on February 19, 2008, the CITY and CONTRACTOR executed Amendment No. 1 to the agreement, which amended the budget by 23,796.00, increasing the not -to -exceed budget to $309,602.00 and extending the term of the agreement to December 31, 2008; and , WHEREAS, CITY desires the CONTRACTOR to perform additional professional services necessary to complete responses to comments on the Draft Environmental Impact Report and prepare a Final Environmental Impact Report (FEIR) for certification; and WHEREAS, CONTRACTOR has prepared a scope of work for the additional services, which is summarized in the attached exhibit. The additional services are proposed at a not -to -exceed cost of $8,500.00, which increases the maximum contract amount to $318,102.00. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend, the following sections of the Agreement for Professional Planning Services, approved on June 20, 2007, as follows: 2. DUTIES OF CONTRACTOR A. CONTRACTOR shall perform the duties and/or provide services as described in the Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center of the initial Agreement of June 20, 2007, the Addendum to Consultant Services Agreement to Prepare an Environmental Impact Report, of Amendment No. 1 of February 19, 2008 and Addendum No. 2 to Consultant Services Agreement to Prepare an Environmental Impact Report, of Amendment No. 2 attached hereto and incorporated herein. 3. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $318,102.00 based upon the budget shown in Proposal to Prepare EIR — San Rafael Target Store at Shoreline Center ($285,806) of the initial Agreement of June 20, 2007, Addendum to Consultant Services Agreement to Prepare an Environmental Impact Report ($23,796) and Addendum No. 2 to Consultant Services Agreement to Prepare an Environmental Impact Report, ($8,500, attached herein). CONTRACTOR shall be compensated on Exhibit "A" a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be extended until December 31, 2009. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period. All of the other provisions, terms and obligations of the Agreement for Professional Planning Services, executed on June 20, 2007, shall remain valid and shall be in force with the execution of this amendment. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KEN NORDHOFF, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney CONTRACTOR By: Name: Garrett Gritz Title: Senior Vice -President ATTACHMENT: Addendum No. 2 to Consultant Services Agreement to Prepare an Environmental Impact Report 2 CONSULTING December 5,2008 JN 35-100710 Mr. Paul Jensen, Planning Manager City of San Rafael Community Development Department 1400 Fifth Avenue San Rafael, CA 94901 Subject: Addendum #2 to Consultant Services Agreement to Prepare an Environmental Impact Report Dear Paul: As we have discussed, RBF would like to request an amendment to our budget to prepare the Target Environmental Impact Report (EIR). In reviewing the comments received on the Draft EIR, DMJMIAECOM has estimated that It will require 50 hours of professional time to prepare thorough responses, participate in calls and attend meetings Their original scope of work and fee included 30 hours for this task and thus they have requested $2,500 additional budget. RBF included 100 hours of staff time to prepare responses to comments in our original scope of work and we anticipate that we will be able to complete this task within the allotted time. However, the budget for project coordination and meeting attendance has been exceeded In November, 20 hours of coordination and meeting time was billed and we anticipate another 15 hours will be needed, which would require an additional $6,000. In summary, we are requesting an additional $8,500 to complete the Target Final EIR based on the approach so far agreed to that the Draft EIR will not need to be recirculated. If you have any questions, please feel free to call me at (925) 949-2486. Thank you. Sincerely, RBF Consulting Kristie R Wheeler Senior Associate Planning PLANNING 6 DESIGN P CONSTRUCTION 500 Ygnocio Valley Road, Suite 270- Walnut Creek CA 9118963847 0 925 906 1460 a Fax 925 906 1465 Offices located throughout California- Arizona & Nevada a www RBFcom