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HomeMy WebLinkAboutCC Resolution 11478 (General Plan 2020; Miller Pacific)RESOLUTION NO. 11478 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENT TO AGREEMENT WITH MILLER PACIFIC ENGINEERING GROUP RE. SAN RAFAEL GENERAL PLAN 2020 (P00-07) (COMMENCING ON JANUARY 16, 2001 AND ENDING ON JUNE 30, 2004, IN AN AMOUNT NOT TO EXCEED $30,500) WHEREAS, On January 16, 2001, the City of San Rafael (CITY) entered into an Agreement with Miller Pacific Engineering Group (CONTRACTOR) for the provision of planning consulting services in connection with the preparation of background information, policy development and environmental review pertaining to geologic, geotechnical and hazardous materials in San Rafael General Plan 2020; and, WHEREAS, said Agreement provided for planning services in an amount not to exceed $22,500; and, WHEREAS, due to additional requirements for background and analysis, the CITY has determined that CONTRACTOR'S services need to be extended, and the contract increased a comensurate amount, and the CITY and CONTRACTOR now desire to amend the term of the Agreement; and, WHEREAS, the CONTRACTOR has the expertise and experience to perform the required professional services and is willing and able to continue to provide said services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby approves and authorizes the City Manager to sign the Professional Services Agreement amendment with Miller Pacific Engineering Group, a California corporation, for consulting services in connection with the San Rafael General Plan 2020 project for an additional amount of $8,000, the total contract expenditure not to exceed $30,500. 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 the 20th day of January, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro E JEAN 1GI. LEONCINI, City Clerk AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MILLER PACIFIC ENGINEERING GROUP FOR PROFESSIONAL SERVICES This Amendment to Agreement is made and entered into this 20th day of January 2004 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Miller Pacific Engineering Group, a California corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on January 16, 2001, the City of San Rafael (CITY) entered into an Agreement with Miller Pacific Engineering Group (CONTRACTOR) for the provision of planning consulting services in connection the preparation of San Rafael General Plan 2020 and the Environmental Impact Report; and, WHEREAS, due to legal review, the CITY has determined that CONTRACTOR'S services need to be expanded to include additional research and analysis for the Environmental Impact Report, and the contract increased a comensurate amount; and the CITY and CONTRACTOR now desire to amend the term of the Agreement; and, WHEREAS, the CONTRACTOR has the expertise and experience necessary to perform the required professional services and is willing and able to continue to provide said services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Paragraph 4 of the Agreement is amended to read as follows: "For the full performance of the services described herein by CONTRACTOR, CITY shall pay contractor as described in Exhibits "A" in the January 16, 2001 agreement and `B" attached and incorporated herein, in a total amount not to exceed $30,500. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR." 2. All other covenants, terms and conditions of the original Agreement, as amended on February 18, 2003 to extend the terms of the contract, remain in full force and effect for the term of the Amended Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: JEANNE M. LEONCINI, City Clerk APPRO ]) AS TO FORM: l us Luinan, A istant City Attorney CONTRACTOR By: Nam . coTr 57-',P�54S Title: December 22, 2003 File: 2003-3007Bpro.doc San Rafael Community Development P.O. Box 151560 San Rafael, California 94915-1560 Attn: Ms. Linda Jackson Re: Proposal for Geotechnical Services San Rafael General Plan San Rafael, California Ladies and Gentlemen: EXHIBIT B 165 North Redwood Drive Suite 120 San Rafael, California 94903 F 415 / 491-1831 T 415 / 491-1338 Per our recent discussion, this letter summarizes our proposed supplemental services for the Geology, Soils and Seismicity and the Hazardous Materials sections of the General Plan 2020 and Administrative Draft EIR. The proposed scope of service and budget estimates are based on discussion with the design team and review of comments from Remy, Thomas, Moose and Manely, LLP. We have been providing our services for this project on a time and expense basis. Our original scope and budget estimates were outlined in our proposal and agreement dated January 2001. Our involvement in preparation of the Administrative Draft EIR has been greater than originally anticipated. Additional modifications and evaluations will also be required to respond to comments. Based on comments available to date, we anticipate the following scope of services and budget estimates to complete the project. Scope of Services Revisions and Additions to the General Plan 2020 Expected additional services include: consultation with the California Geological Survey (formerly California Division of Mines and Geology), review of available recent geologic documents, map of geologic and seismic hazards, review and edit existing policies to reflect comments and correspond with EIR mitigation measures. The level of work needed to map geologic and seismic hazards in the San Rafael Planning Area can vary considerably. At this time we propose the evaluation to a minimum. The scope of services will include a review of available documents and a reference sheet that list the most relevant published geologic maps for a specific hazard. If needed at a future date, a more comprehensive map could also include review of aerial photographs, site inspections to interpret discrepancies between various maps, and a compilation of the data into a single map showing the geologic and seismic hazard areas with the San Rafael Planning Area. San Rafael Community Development December 22, 2003 Page 2 Revisions and Additions to the Administrative Draft EIR As noted above, our original scope of work did not include much time for formatting and editing the Administrative Draft EIR. Considerable time has been spent to develop the geology, soils, and seismicity sections into their current format. It is our understanding that the administrative draft EIR will be reformatted. This may include additional mitigation measures, more detail description on how policies will mitigate impacts, and to make the individual analyses more specific. This will include review and evaluation of land use changes and if these changes may create new geologic, soils or seismic impacts. Based on our discussions with Nichols Berman, they will perform the first pass for reformatting the text, and then we will add technical text or clarifications where needed. Response to Comments The scope of this work is not yet defined, but will likely include edits to the soils and geology sections of the General Plan and Administration Draft EIR in response to public comments and to finalize the documents. Budqet Estimates Revisions and Additions to the General Plan 2020 - As discussed above, costs for modification to the General Plan can vary considerably depending on the extent of the geologic and seismic hazards mapping. Rough cost estimates range from $3,000. Revisions and Additions to the Administrative Draft EIR - The budget estimate for revision to the EIR include costs of the recent edits and estimated costs for future work. Our rough cost estimate is $4,000. Response to Comments - For planning purposes, we recommend a budget of $1,000. We are pleased to have the opportunity to continue our services on this project. Please call to discuss a refined scope and budget for the mapping. We are prepared to commence with our services soon after your authorization. When you wish us to proceed, please call and issue an addendum to our existing agreement or a new agreement. Please call with any questions you may have. Yours very truly, MILLER PACIFIC ENGINEERING GROUP �zhnical Engineer No. 2398 res 6/30/05) ACORD CERTIFICAT'- OF LIABILITY INSURAV""'E MILOP LE a � DA09/15/ 3) PRODUCER THIS CERTIFICATE 1, _,;SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 Market St, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101-2500 1 Phone: 800-338-1391 Fax: 888-621-3173 INSURERS AFFORDING COVERAGE I NAIC# INSURED IINSURERA: Hartford Insurance Company I 22357 INSURER B: Miller Pacific Engrg. Group INSURER C: 165 North Redwood Dr. , Ste. 120 I INSURER D: San Rafael CA 94903 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. roan'AW W -L LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFtlmvF I DATE (MM/DD/YY) PULICY IiAPIKATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACHOCCURRENCE$1000000 A X COMMERCIAL GENERAL LIABILITY 84SBWDU6676 11/01/03 11/01/04 PREMISES(Ea occurence) 1$1000000 =CLAIMS MADE a OCCUR I MED EXP (Any one person) 1$10000 X CONTRACT. LIAB . I PERSONAL 8 ADV INJURY X XCU COV. INCLUDEDGENERAL AGGREGATE 1$1000000 $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OPAGG 1$2000000 POLICYFX F-1LOC I JECT AUTOMOBILE LIABILITY A ANY AUTO COMBINED SINGLE LIMIT (Ea accident) I $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) I $ X HIRED AUTOS 84SBWDU6676 11/01/03 11/01/04 I BODILYINJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC I $ OTHER THAN AUTO ONLY: AGG I $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE Is 7 OCCUR EICLAIMS MADE I AGGREGATE Is Is DEDUCTIBLE I Is RETENTION $ I Is COMPENSATION AND WOEMPLOYERS' VVLRKERS I ITORY LIMITS I IUER I LIABILITY E.L. EACH ACCIDENT II ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L.DISEASE - EA EMPLOYE E(j $$ If yes, describe undeE.L.SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PRO JISIONS RE: SAN RAFAEL GENERAL PLAN 2020. CERTIFICATE HOLDER CANCELLATION CTYSANR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF SAN RAFAEL ATTN: JEANNE LEONCINI IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O.BOX 151560 REPRESENTATIVES. SAN RAFAEL CA 94915-1560 AUTHORIZED R RE ENT TIVE L ACORD 25 (2001/08) © ACORD CORPORATION 1988 Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 INSURANCECERTIFICATE OF - ";£r t6J DATE A RISK RETENTION GROUP 01/01/04 NAME AND ADDRESS OF INSURED Miller Pacific Engineering Group 165 North Redwood Drive, Suite 120 San Rafael, CA 94903 This certifies that the insurance policy (described below by a policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and does not alter, amend or extend the coverage afforded by that policy. Notwithstanding any requirement, term or condition of any contract or other document to which this certificate may pertain, the insurance afforded by the policy is subject to all of its terms, exclusions and conditions. TYPE OF INSURANCE POLICY NUMBER 204144 LIMITS OF LIABILITY PROJECT DESCRIPTION Professional Liability EFFECTIVE DATE 01/01/04 $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE All Professional Services of the Named Insured in California EXPIRATION DATE 12/31/04 CANCELLATION If the described policy is cancelled, materially altered or changed by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER City of San Rafael Attn: Department of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) President NC -RTHOLDER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FU D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-01-2003 GROUP: POLICY NUMBER: 1138947-2003 CERTIFICATE ID: 198 CERTIFICATE EXPIRES: 08-01-2004 08-01-2003/08-01-2004 CITY OF SAN RAFAEL NC JOB: SAN RAFAEL GENERAL PLAN 2 PO BOX 15156o 020-157.71 SAN RAFAEL CA 94915-1560 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 3o days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate. of. insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any. requirement, term, or cohditiory of any contract or other document with respe.cf to which this certificate of insurance .may. be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $.1,000,000.00 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 08-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN RAFAEL NC ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME MILLER PACIFIC ENGINEERING GROUP MILLER PACIFIC ENGINEERING GROUP 165 N REDWOOD DR STE 120 (A CALIF. CORP.) SAN RAFAEL CA 94903 ;. 07-18-2003 tY��'iIF.`II�1�.}F1YE4hI��A1!'w1±1.y1±Y.i+��ia�±r RllaNl�lE�iliy'.I:i o + e nel.ieiaurl:Ni -�—