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Home My WebLink AboutCC Resolution 11971 (Village Loch Lomond Project)RESOLUTION NO. 11971 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SECOND 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 (Original Agreement Term: March 22, 2005 through March 21, 2007, with an amended budget not to exceed $134,007.50) 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 maximum budget amount of $40,375.00; and WHEREAS, on December 19, 2005 the City Council authorized the Interim 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, as outlined in his June 1, 2006 request for a budget amendment, the Consultant indicates that the original project budget is inadequate to cover charges for his services, as the project has been subject to delays and the requirement for additional studies and analyses that were not anticipated in the original 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 Interim City Manager to execute, on behalf of the City of San Rafael, a "Second Amendment to Agreement for Professional Planning Services" with Paul A. Jensen, AICP, per his June 1, 2006 request for a budget amendment. 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 19th day of June, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phi 11 i p ii.. JEAXNt M. LEONCINI, City Clerk SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This second amendment to the Agreement for Professional Planning Services is made and entered into this 19th day of June, 2006, 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, the previously approved amended budget of $80,750.00 for professional planning services is inadequate to cover the costs for CONTRACTOR's services, due to project delays and the need for expanded studies and analysis beyond CONTRACTOR's control. AGREEMENT NOW, THEREFORE, the parties hereby agree to a second amendment to the original Professional Services Agreement of March 21, 2005, as follows: 1. 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 $134,007.50. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. All other terms outlined in the March 21, 2005 Professional Services Agreement between the CITY and CONTRACTOR are unchanged, and shall remain in full force and effect. 06/19/06 ] Y U ply IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL 't, t') &4 RDHOFF, InteritCianager ATTEST: 4. N ANNE M. LEOIlVI, City Clerk .y Attorney 06/12/06 2 CONTRACTOR By:od&z Q Name: Paul A. Jens?-1911� Title: Sole Proprietor PAUL A. JENSEN, AICP Policy/Environmental Planning and Processing 77 Mark Drive, Suite 32 San Rafael, California 94903 (4151479-9438 FAX (415( 472-3187 June 1, 2006 Bill Meeker, Principal Planner Community Development Department City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Subject: Loch Lomond Marina Development, San Rafael; budget amendment to professional services agreement (Job No. 244) Dear Mr. Meeker: In March 2005, the City of San Rafael approved a Professional Services Agreement, which authorized my contract planning services for managing the Village at Loch Lomond Marina project. As outlined in my letter to you dated February 21, 2005, the services agreement covers project planning and management through the all processing phases of this project. The budget for this service was set at $40,375.00. In December 2005, a budget amendment was proposed and authorized, establishing a new, not -to - exceed budget amount of $80,750.00. The project is approximately 50% through the review process. The next major milestone is the completion of the Final Environmental Impact Report, which is scheduled to be completed this summer. When the services agreement was approved, it was expected that this review process would be completed by the end of 2005. However, there have been a number of delays as a result of additional studies commissioned by the project sponsor and/or required of the EIR consultant. It is not expected that the project review process to be completed until fall 2006. The delays in the process and the need for expanded study have caused me to exhaust much of my current service budget. Given the high profile nature of this project, the pace and extended study that has been experienced to date is expected to continue. As of this date, there is a remaining budget of $13,442.50 under my current services agreement. As we have yet to complete the environmental review process or analysis of project merits, I respectfully request an amendment to my services budget at an updated hourly billing rate of $115.00 per hour as follows: ➢ Amend Phase II services (Environmental Review Process) for an additional 130 hours. Bill Meeker, Principal Panner May 22, 2006 Page 2 ➢ Add a new Phase II -A to incorporate a budget of 85 hours for completing additional studies and tasks related to dry dock boat storage, grocery store market study and parking (Planning Commission study sessions). ➢ Amend Phase III services (Project Merits Review) to 280 hours. ➢ Amend Phase IV (Attendance at Public Hearings and Meetings) to 70. ➢ Retain Phase V (Post Action Processing) at 15 hours. Attached Exhibit A provides a breakdown of the tasks and services. The total for this amended budget is an additional $53,257.50, less the remaining budget under the current agreement. Thank you for considering this budget amendment to my services agreement. If you have any questions, please feel free to contact me at 415.479.9438 or e-mail at iensenaicr)(cDaol.com. Sincerely, Paul A. Jensen, AICP C:/Ich1mnd.prps13 EXHIBIT A CONTRACT PLANNING SERVICES BUDGET AMENDMENT NO.2 June 1, 2006 TASKISERVICE I ESTIMATED HOURS I Phase H Services —Environmental Review Process Meetings with RBF Consulting and City Staff 30 IAssist RBF Consulting in Preparing FEIR/Responses to Comments 40 Coordinate distribution of ADFEIR/Response to Comments for City staff review 20 Review ADFEIR/Response to Comments 30 Coordinate distribution of FEIR/Response to Comments 10 Phase II Services — Total Hours 130 Phase II -A Services — Special Studies and Tasks 15 Complete additional dry dock boat storage surveys and research 20 Prepare Summary of dry dock boat storage 10 Prepare notices and staff report for Planning Commission Workshop - Market Study 30 Attend Planning Commission Workshop — Market Study 5 Prepare notices and staff report for Planning Commission Workshop - Parking 15 Attend Planning Commission Workshop - Parking 5 Phase III -A Services — Total Hours 85 Phase III Services — Proiect Merits Review Complete review of project for consistency with San Rafael General Plan 2020 40 Coordinate and review comment and conditions from City departments, services, etc. 20 Prepare draft findings including CEQA findings; coordinate review by City Attorney 1 50 Prepare draft conditions of approval and MMRP 75 Prepare staff reports - Design Review Board, Planning Commission & City Council 80 Prepare and coordinate distribution of public hearing notices; posting notices 15 Phase III Service — Total Hours 280 Phase IV Services — Preparation and Attendance at Public Hearings Design Review Board Meeting (2 meetings) 20 Planning Commission (3 meetings) 30 City Council (2 meetings) 20 Phase IV Services — Total Hours 70 Phase V Services — Post Action Processing Ordinances and Resolutions 5 IFinalize Prepare and file Notice of Determination 15 Close out City files 15 Phase V Services — Total Hours 15 Total Hours for Proposed Budget Amendment 580 Total Budget Amendment (aD, $115.00 per hour I $66,700.00 Remaining Budget Amount Under Current Contract Agreement [$13,442.50] Total Additional Budget = $53,257.50