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HomeMy WebLinkAboutCC Resolution 11970 (Village Loch Lomond Project)RESOLUTION NO. 119 7 0 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH RBF CONSULTING FOR ASSISTANCE NEEDED TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE AT LOCH LOMOND MARINA PROJECT (Term of Agreement: from March 1, 2004 to May 1, 2007, for an amount not to exceed $548,082.00) WHEREAS, on March 1, 2004, the City Council adopted Resolution No. 11508, which authorized the execution of an Agreement for Professional Services with RBF Consulting to prepare an Environmental Impact Report (EIR) for the Village at Loch Lomond Marina project. The Agreement for Professional Services established a budget limit of $246,947.00 and a term limit ending on March 1, 2006; and WHEREAS, on June 20, 2005, the City Council approved an amendment to the initial Agreement for Professional Services. The amendment was required to address expanded study topics for the EIR, including the preparation of a parking study by Kimley Horn Associates, transportation consultants. The amendment authorized services in the amount of $55,657.00, which with the initial Agreement budget, authorized a total not -to -exceed budget of $302,604.00; and WHEREAS, on December 19, 2005, the City Council approved a second amendment to the initial Agreement for Professional Services. During the EIR preparation process, it was determined that expanded analysis of specific EIR issues was necessary, which included the need for additional meetings by RBF Consulting. Furthermore, staff had requested review of a second Administrative Draft EIR, which was necessary to ensure all EIR topics are adequately assessed. The amendment authorized services in the amount of $73,993.00, extending the total not -to -exceed budget to $376,597.00; and WHEREAS, during the public review process on the Draft EIR, the City received numerous detailed comments that require responses. The responses to comments on the Draft EIR will require additional research and edits to the initial Draft EIR text; and WHEREAS, RBF Consultants has prepared a scope of work for the amended services, which are outlined in attached Exhibit "A". The proposal for additional services includes a not -to -exceed budget of $171,485.00, which would be added to the current not -to -exceed budget of $376,597.00 not -to -exceed budget established under the executed Agreement for Professional Services, resulting in a total budget of $548,082.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby authorize the Interim City Manager to execute, on behalf of the City of San Rafael, Amendment No. 3 to an Agreement for Professional Services with RBF Consulting in the form attached as Exhibit "A". 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 Monday the 19th day of June, 2006, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips JEANNE M. LEONCINI, City Clerk AMENDMENT NO.3 TO AGREEMENT FOR PROFESSIONAL SERVICES This Amendment No. 3 to an Agreement for Professional Services is made and entered into on the 19'h day of June 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and RBF Consulting (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on March 2, 2004, CITY entered into an Agreement for Professional Services with CONTRACTOR to assist in preparing an Environmental Impact Report for the Village at Loch Lomond Marina development project; and WHEREAS, Section 4 (Compensation) of the Agreement for Professional Services includes a not -to -exceed budget of $246,947.00; and WHEREAS, following the completion of the Notice of Preparation process, which initiated the preparation of an Environmental Impact Report (EIR), it was recommended that the scope be expanded to include several additional topics of study. As a result, in June 2005, an Amendment to the Agreement for Professional Services was approved increasing the not -to - exceed budget to $302,604.00. In December 2005, a second Amendment to the Agreement was approved, which increased the budget to $376,597.00; and WHEREAS, in February 2006, the Draft EIR was completed and published. As part of the public review process, the City received numerous detailed comments on the Draft EIR, which require an expanded scope of work and budget to complete the next phase of the environmental review process. WHEREAS, CONTRACTOR has prepared a budget for the additional scope and topics of issues to be studied in the EIR, which is presented in attached Exhibit "A." AMENDMENT NO.3 TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the following sections of Agreement for Professional Services (March 2, 2004): 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount not to exceed $548,082.00 based upon the budget described in Scope of Work, Budget and Project Schedule ($246,947.00) of the initial Agreement of March 2, 2004; the amended budget approved in June 2005 ($55,657.00); the Request for Contract Amendment and Re-establishment of Contingency Fees ($73,993.00); and the Revised Request for ContractAmendment ($171,485.00, attached herein). CONTRACTOR shall be compensated on a time and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. TERM OF AGREEMENT. The term of this agreement shall be extended to May 1, 2007. Upon mutual agreement of the parties and subject to the approval of the City Manager, this agreement may be extended for an additional period. All of the other provisions, terms and obligations of the Agreement for Professional Services executed on March 2, 2004, and the subsequent Amendments executed in June 2005 and December 2005 shall remain valid and shall be in force with the execution of this Amendment No. 3. IN WITNESS WHEREOF, the parties have executed this Agreement No. 3 as of the day, month, and year first above written. CITY OF SAN RAFAEL K-LHO L V KEPF,nterim City )age ATTEST: ANNE M. LEONCINI, City Clerk APPROVED GkRY T. RA96 ANTI, C# Attorney C:/1ch1nmd.rbfamnd3A. doc 7 CONTRACTOR 9 Name: Laura Worthi ' on Forbes Title: Principal 1J FBF CONSULTING EXHIBIT May 30, 2006 Mr. Paul Jensen, AICP, Contract Planner City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-1560 JN: 40-100212.001 Subject: Revised Request for Contract Addendum and Re-establishment of Contingency Fees for the Villages at Loch Lomond Project EIR Dear Mr. Jensen: This letter is a follow-up to our recent discussions about the need for RBF Consulting to receive a contract amendment for the Villages at Loch Lomond Project EIR for extensive responses to comments received on the Draft EIR, new exhibits and revisions to the Draft EIR, a follow-up parking study, and ongoing coordination and project management. As we have discussed, RBF Consulting has begun work on responses to comments received on the Draft EIR in good faith anticipating approval of this contract addendum. The extent and detail of the comments received on the Draft EIR is greater than anticipated in our approved scope of work and will require a substantial effort to prepare adequate responses. Additionally, due to the level of interest the public has taken in certain issues and additional information published subsequent to the publication of the Draft EIR, a number of items will require additional investigation, such as global -warming related sea level change, the presence of special status species, and impacts to water quality. We anticipate that much of the additional research and investigation has either been completed (for purposes of preparing for Planning Commission), and/or will be completed by the applicant's consultants. Approval of this contract addendum will establish a budget sufficient enough for RBF and our subconsultants to research and respond to the comments received on the Draft EIR, as well as prepare a fully edited Draft EIR for the Final EIR. In addition, this contract addendum will provide for a follow-up parking investigation by Kimley- Horn and Associates. As we discussed on April 25, the project would benefit by conducting a parking study of parking demands and parking supply on Memorial Day weekend this year as a means of verifying previous parking demand data for the Loch Lomond Marina. Verification of existing data by a current parking study would provide the City with better information by which to evaluate the potential merits and impacts of the Project and verify the conclusions of the Draft EIR. Extension of the project schedule due to the time necessary for responding to comments, coordination with Kimley-Horn and Associates, and the magnitude of the anticipated coordination effort between RBF, subconsultants, City staff, and the applicant in preparing � U Ll 1 loth •vim, 14725 Alton Parkway, Irvine, CA 92618-2027 P.O. Box 57057, Irvine, CA 92619-7057. 949.472.3505 FAX 949.472.8373 Offices located throughout California, Arizona & Nevada . www.RBF.com FBF CONSULTING responses to comments and revising the Draft EIR will require additional project management needs. In order to accommodate the above additional work as well as the extended length of the project schedule, we request the City's approval of the dollar amounts outlined in the attached spreadsheet. Please note that the proposed fee and schedule is our best estimate based a preliminary screening of the Draft EIR comments. Per our discussion with you, the attached fee proposal has been amended. Project Team meetings will be on a time and materials basis; and the Mitigation Monitoring and Reporting Program and the Findings of Fact and Statement of Overriding Considerations are optional tasks. Also, as discussed, the fee proposal includes Draft EIR printing costs that exceeded RBF's existing approved budget. I would be more than happy to discuss any aspects of this letter with you, as well as discussing additional strategies for accommodating this phase of work. Please let me know if you wish additional information or would like any clarification. Thank you for your time in reviewing our request. Sincerely, Laura Worthington -Forbes Vice President — Planning & Environmental Services 1nth:. 14725 Alton Parkway, Irvine, CA 92618-2027. P.O. Box 57057, Irvine, CA 92619-7057 949.472.3505 FAX 949.472.8373 Offices located throughout California, Arizona & Nevada . www.RBF.com