HomeMy WebLinkAboutCC Resolution 12139 (Village Loch Lomond Project)RESOLUTION NO. 12139
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO.4 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 $557,582.00)
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, December 19, 2005 and June 19, 2006, the City Council
approved first, second and third amendments, respectively, to the initial Agreement for
Professional Services. The amendments established a total not -to -exceed budget of $548,082.00;
and
WHEREAS, the developer of the Village at Loch Lomond Marina project has prepared a
"Mitigated Project," which presents potential revisions to the layout and design of this project.
An analysis of the "Mitigated Project" is necessary for inclusion on the project EIR; and
WHEREAS, RBF Consultant has prepared a scope of work for the amended services,
which are outlined in Exhibit `A', attached to attached "Amendment No. 4 to an Agreement for
Professional Services with RBF Consulting". The proposal for additional services includes a not -
to -exceed budget of $9,500.00, which would be added to the current not -to -exceed budget of
$548,082.00 not -to -exceed budget established under the executed Agreement for Professional
Services, resulting in a total budget of $557,582.00.
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,
the attached "Amendment No. 4 to an Agreement for Professional Services with RBF
Consulting".
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 6`'' day of November 2006, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
J M. LEONCINI, City Clerk
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AMENDMENT NO.4 TO AGREEMENT FOR
PROFESSIONAL SERVICES
This Amendment No. 4 to an Agreement for Professional Services is made and entered
into on the 6`h day of November 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. A third Amendment to the Agreement was
approved in June 2006, which increased the not -to -exceed budget to $548,082.00; and
WHEREAS, in October 2006, the project sponsor prepared a "Mitigated Project" which
presents potential revisions to the project site plan and design to address comments from the
Planning Commission, Design Review Board, the community and recommendations from the
DEIR. An analysis of the "Mitigated Project" is necessary for inclusion in the project EIR; and
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 $557,582.00 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); the Revised Request for
Contract Amendment ($171,485.00); and Additional Work Request Summary ($9,500.00).
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.
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,
December 2005 and June 2006 shall remain valid and shall be in force with the execution of this
Amendment No. 4.
IN WITNESS WHEREOF, the parties have executed this Agreement No. 4 as of the
day, month, and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
qKEN HOFF, Cage am
e: Laura Wort i gton Forbes
Title: Principal
FIN 11IM1 6
kANNwM. LEO CINI, City Clerk
C:/1ch1mnd. rbfamnd4A. doc
torney
2
JN 40-100212.001
Request No. 4
October 10, 2006
ADDITIONAL WORK REQUEST SUMMARY
Client: City of San Rafael
Work Requested By: City of San Rafael
Task 1: Analysis of Mitigated Project
This task provides for the environmental analysis of the
mitigated site plan and incorporation of that mitigated plan
into the Final EIR Master Response(s), individual response
to comments and as an appendix to the Final EIR. As
requested by the City, this mitigated plan analysis will be in
sufficient technical detail as to provide a direct comparison
of the Project's impacts to the mitigated site plan impacts.
Fee: $5,500
Summary of Task 2: Updating Responses to Comments with New
Additional Work: Alternative Analysis
Following the completion of the analysis of the Mitigated Site
Plan, RBF will incorporate the results of the analysis into
each of the appropriate Responses to Comments, as well as
provide a cross reference between applicable responses
based on this new analysis.
Fee: $1,500
Task 3: Review of WRA's Revised Responses
This task provides for peer review of WRA's revised
responses by Greg Zitney.
Tentative Fee: $2,500
Estimated Fee for Additional Work: $9,500
Prepared By: Matthew Burris, RBF Consulting
Authorized By:
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