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HomeMy WebLinkAboutCM Sea Level Rise Adaptation Planning Services Agreement Amendment____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 07/21/2025 Disposition: Resolution 15440 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager, Sustainability Division Prepared by: Kate Hagemann Climate Adaptation and Resilience Planner City Manager Approval: ___ TOPIC: SEA LEVEL RISE ADAPTATION PLANNING SERVICES AGREEMENT AMENDMENT SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT FOR SEA LEVEL RISE ADAPTATION PLANNING SERVICES WITH MOFFATT & NICHOL TO REVISE THE SCOPE OF WORK, EXTEND THE TERM, AND INCREASE THE NOT TO EXCEED AMOUNT BY $26,000 FOR A TOTAL AMOUNT NOT-TO- EXCEED $546,000. RECOMMENDATION: Staff recommends that the City Council adopt a resolution authorizing the City Manager to amend the contract for sea level rise adaptation planning services with Moffatt & Nichol to revise the scope of work, extend the contract term, and increase the not-to-exceed amount by $26,000 for a total not-to-exceed of $546,000. BACKGROUND: Over the past two years, the City, community organizations, and other agencies have worked collaboratively to understand the implications of subsidence and sea level rise on local flooding risks. In 2022, the City and its project partners were awarded grant funding from the California State Coastal Conservancy and the Marin Community Foundation to support adaptation planning to prepare for sea level rise. At the November 22, 2022, meeting, the City Council voted to accept the award of grant funding from the Conservancy and Marin Community Foundation. In June 2023, the City and project partners successfully secured another grant from the Governor’s Office of Planning and Research, which has since been renamed the Governor’s Office of Land Use and Climate Innovation. At the July 17, 2023, meeting, the City Council voted to accept this award of grant funding and authorized the City Manager to negotiate and enter into Professional Service Agreements for the Project. Because this work requires specific subject matter expertise, the City issued a request for proposals on August 21, 2023. Of the proposals submitted, the Moffatt & Nichol team received the highest score for their approach to the project. At the January 16, 2024, meeting, the City Council voted to approve the professional services agreement (PSA) with Moffatt & Nichol for Sea Level Rise Planning Services in an Agenda Item No: 4.c Meeting Date: July 21, 2025 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 amount not to exceed $520,000. The current agreement for professional services was executed on April 22, 2024, and is set to end on August 1, 2025. ANALYSIS: At the outset of the State Coastal Conservancy grant $350,000 was initially intended to support the engineering team’s technical feasibility assessment. When the PSA was awarded to Moffatt & Nichol, only $320,000 was allocated to the firm to retain a degree of flexibility for unforeseen needs as the project progressed. In February 2025, the Coastal Conservancy grant was extended, and there is a need for additional analysis. To enable the successful completion of both the State Coastal Conservancy and the Governor’s Office of Land Use and Innovation grants, the existing PSA needs to be amended to reflect the new grant timeline, adjust the scope, and add compensation to complete the analysis. Specifically, the amended scope of work includes an additional engineering analysis of the feasibility and implications of climate adaptation approaches. FISCAL IMPACT: The recommendation in this report would authorize an increase to the current agreement with Moffatt & Nichol by $26,000, increasing the not to exceed amount of the agreement to $546,000. Two state grants directly support this work. Funding to support the recommended contract amendments is provided through available appropriations in the Fiscal Year (FY) 2025-26 budget (Fund 283 - Other Grants). In addition, the City continues to provide in-kind support through staff time and retains a portion of grant funding to cover indirect expenses associated with overseeing and administering these grants. OPTIONS: The City Council has the following options to consider relating to this item: 1. Adopt the resolution as presented. 2. Adopt the resolution with amendments. 3. Direct staff to return with additional information. RECOMMENDED ACTION: Staff recommends that the City Council adopt a resolution authorizing the City Manager to amend the contract for sea level rise adaptation planning services with Moffatt & Nichol to revise the scope of work, extend the contract term, and increase the not-to-exceed amount by $26,000 for a total not-to-exceed of $546,000. ATTACHMENTS: 1. Resolution 2. Draft PSA amendment with Moffatt & Nichol RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT FOR SEA LEVEL RISE ADAPTATION PLANNING SERVICES WITH MOFFATT & NICHOL TO REVISE THE SCOPE OF WORK, EXTEND THE TERM, AND INCREASE THE NOT TO EXCEED AMOUNT BY $26,000 FOR A TOTAL AMOUNT NOT-TO-EXCEED $546,000 WHEREAS, the San Rafael Climate Adaptation Planning Collaborative is a collaborative effort between the Canal Alliance, the Multicultural Center of Marin, the County of Marin, the City of San Rafael, and researchers at the University of California, Berkeley; and WHEREAS, the San Rafael Climate Adaptation Planning Collaborative has been awarded grant funds to support this effort from the Marin Community Foundation, the State Coastal Conservancy, and the Governor’s Office of Land Use and Climate Innovation; and WHEREAS, the consulting team led by Moffatt & Nichol is providing sea level rise adaptation planning services to complete the grant deliverables successfully; and WHEREAS, the State Coastal Conservancy grant will be extended, and additional time, budget, and effort are needed to continue that project to successful completion; and WHEREAS, the existing Professional Services Agreement with Moffatt & Nichol needs to be amended to reflect an updated schedule, scope, and budget; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby finds the foregoing recitals are true and correct and authorizes the City Manager: to amend the contract for sea level rise adaptation planning services with Moffatt & Nichol to amend the scope of work, extend the term and increase the not to exceed amount by $26,000, for a total amount not to exceed $546,000 to continue their work on sea level rise planning grants. I, LINDSAY LARA, 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 the City of San Rafael, held on Monday, the ___________, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _____________________ Lindsay Lara, City Clerk v. Feb 2025 Page 1 AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF SAN RAFAEL AND ________________________________ FOR ________________________________________________________ Original Contract Execution Date: ________________, Contract No._______________________ Amendment No. ___ THE ABOVE-NAMED CONTRACT is hereby amended by the parties as set forth herein by the checked boxes below and is effective on _____________________. SCOPE OF WORK: The Scope of Work is hereby amended in Exhibit A-__, attached hereto and incorporated by reference. COMPENSATION: The parties agree to increase the not-to-exceed amount by $____________, and to increase the total not-to-exceed amount under the Contract to $_________________. TERM OF CONTRACT: For Contractor to perform the additional or amended work described herein, the term of this Contract shall be extended to ______________________. Except as specifically amended herein, all other provisions, terms and obligations of the Contract between the parties shall remain valid and shall be in full force. v. Feb 2025 Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment on the day, month, and year first specified below. CITY OF SAN RAFAEL: _________________________________ ________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM: Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST: City Clerk _________________________________ ________________________________, _________________________________ CONTRACTOR: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ [If Contractor is a corporation, second corporate officer signature required] __________________________________ By: ____________________________ Name: ____________________________ Title: _____________________________