HomeMy WebLinkAboutCD Downtown Precise Plan Consultant Agreement Amendment____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: October 5, 2020
Disposition: Resolution 14859
Agenda Item No: 4.b
Meeting Date: October 5, 2020
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Paul A. Jensen,
Community Development Director
City Manager Approval: ______________
TOPIC: DOWNTOWN PRECISE PLAN CONSULTANT AGREEMENT AMENDMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
WITH OPTICOS DESIGN, INC. (OPTICOS) FOR PREPARATION OF THE DOWNTOWN
PRECISE PLAN TO PROVIDE FOR ADDITIONAL SERVICES AND COMPENSATION
NOT TO EXCEED $35,000
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to
sign the First Amendment to the Professional Services Agreement (PSA) with Opticos.
BACKGROUND:
In February 2018, the City was awarded a $500,000 One Bay Area Grant (OBAG) to prepare a Precise
Plan for Downtown San Rafael, which is to be completed and adopted concurrent with the General Plan
2040. The OBAG grant required that the City provide a 12% local match totaling $60,000. The City
Council appropriated the $60,000 match for the General Plan 2040 budget from General Plan Special
Revenue Fund (Fund #218).
On January 22, 2019, the City Council approved a Professional Services Agreement (PSA) with Opticos
Design, Inc. (Opticos), urban planning consultants. The PSA obligates Opticos to: a) complete the
Downtown Precise Plan; and b) provide technical community design support for the General Plan 2040.
The PSA authorized a not-to-exceed budget of $493,500.
Extensive work has been performed on the preparation of the General Plan 2040, Downtown Precise
Plan and the supportive Environmental Impact Report (EIR) for both plans. While staff is very close to
having a Draft General Plan and EIR ready for public release, the original schedule anticipated a release
earlier in the year, with adoption by July 1, 2020. Several factors have impacted the original timeline of
anticipated adoption by July 2020, including the addition of Downtown Precise Plan management to the
scope of work and the disruptions caused by the COVID-19 pandemic. Therefore, work has proceeded
at a slower pace than was forecast. The current schedule proposes to release the Draft General Plan
2040 for public review on October 2, 2020. The Draft Downtown Precise Plan and Draft EIR are
scheduled to be released for public review on November 13, 2020.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Opticos is requesting an amendment to the not-to-exceed budget that is authorized under the PSA. An
additional $35,000 is being requested to cover the new, unbudgeted tasks to complete an additional
“screen check” draft of the Downtown Precise Plan, and a subsequent public review draft Plan.
The amendment will also include an additional task to test the proposed “form-based code” on three
Downtown development projects. This cost of $5,000 will be offset by previously authorized funds for a
task that was completed with a remaining unused balance of $5,000.
ANALYSIS:
The amendment to the budget is reasonable and warranted for several reasons. First, the COVID-19
pandemic has caused delays in the completion of key tasks and work products for the Downtown Precise
Plan. Second, given the complexity of the Downtown Precise Plan and the accompanying “form-based
code,” a working group of the General Plan 2040 Steering Committee was formed to participate in a more
detailed review of the draft Plan. This review has resulted in major changes and edits to the Plan, which
requires a second round of draft Plan review by staff. Third, as the proposed “form-based code” is a new
tool for zoning, staff determined that it would be prudent to test this code on three Downtown projects
that were designed and developed under the City’s current zoning regulations. This test will disclose
how or if the outcome of the design for these projects would differ under both scenarios. Lastly, when
the General Plan 2040 and Downtown Precise Plan Work Program was initially presented to the City
Council in 2018, a 10% contingency was built into the full budget. Therefore, it was anticipated that there
would be minor amendments to the technical consultant budgets to address new issues that surfaced
during the process.
FISCAL IMPACT:
The increased funding of $35,000 would be appropriated from General Plan Special Revenue Fund (Fund
# 218). The current fund balance of the General Plan Special Revenue Fund is approximately $1.3 million.
Therefore, there are adequate funds to cover the additional $35,000 appropriation request.
OPTIONS:
The City Council has the following options to consider regarding this matter:
1. Adopt the resolution as presented, approving the amendments to the PSA.
2. Adopt the resolution with modifications, revising all or a portion of the amendments to the PSA.
3. Do not adopt the resolution and reject all or a portion of the amendment to the PSA and direct staff
to solicit additional proposals for the corresponding services.
4. Direct staff to return with additional information.
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute the First Amendment to the PSA with Opticos.
ATTACHMENTS:
1. Resolution
2. Draft First Amendment to PSA with Opticos including Exhibit A (Scope of Work)
Page 1 of 1
RESOLUTION NO. 14859
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH OPTICOS
DESIGN, INC. TO SERVE AS GENERAL PLAN COMMUNITY DESIGN AND DOWNTOWN
PRECISE PLAN TECHNICAL CONSULTANT FOR THE GENERAL PLAN 2040 TO
PROVIDE FOR ADDITIONAL SERVICES AND COMPENSATION NOT TO EXCEED $35,000
WHEREAS, on March 5, 2018, the City Council adopted Resolution No. 14478, which
initiated the preparation of General Plan 2040 and accepted the Final Work Program; and
WHEREAS, the City Council adopted Resolution No. 14628 authorizing the City
Manager to execute a contract with Opticos Design Inc. to serve as General Plan Community
Design and Downtown Precise Plan Technical consultant for the General Plan 2040, for a
maximum compensation of $493,500; and
WHEREAS, due to factors set forth in the staff report supporting this resolution,
additional services on the project are required from Opticos Design, Inc.; and
WHEREAS, the City has sufficient funds in the General Plan Special Revenue Fund
#218 to increase the appropriations for FY20/21 to support increasing the contract amount by
$35,000.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby authorizes the City Manager to execute a First Amendment to the Professional
Services Agreement with Opticos Design, Inc. in the form included with the staff report for this
Resolution, subject to final approval as to form by the City Attorney, to extend the length of
the Agreement, expand the scope of services to include additional work needed in connection
with the General Plan 2040 and Downtown Precise Plan, and to provide for additional
compensation payable in an amount not to exceed $35,000.
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
said City held on Monday, October 5, 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
OPTICOS DESIGN, INC. TO SERVE AS GENERAL PLAN COMMUNITY DESIGN AND
DOWNTOWN PRECISE PLAN TECHNICAL CONSULTANT FOR THE GENERAL
PLAN 2040
THIS FIRST AMENDMENT to the Professional Services Agreement by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and OPTICOS DESIGN, INC.,
(hereinafter "CONTRACTOR"), is made and entered into as of the day of
wod-Aarz 2020.
RECITALS
WHEREAS, on January 25`h, 2018, the City Council adopted Resolution No. 14628,
authorizing the execution of an Agreement between the CITY and the CONTRACTOR to serve
as General Plan Community Design and Downtown Precise Plan Technical Consultant for the
General Plan 2040; and
WHEREAS, the CITY has not yet exercised its option to extend by one (1) year the
contract with the CONTRACTOR; and
WHEREAS, due to the efforts of the CONTRACTOR, the CITY was awarded grant
funding from the Metropolitan Transportation Commission to provide financial support for the
creation of a Downtown Precise Plan as part of this contract; and
WHEREAS, the increase in work associate with the creation of a Downtown Precise Plan
was not included in the CITY's initial scope of work with the CONTRACTOR; and
WHEREAS, the CITY has sufficient funds in the General Plan Special Revenue Fund
#218 to be appropriated for FY20/21 to support this amendment to this contract for the duration
of the contract term;
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Paragraph 3 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby
amended to include the services described in Exhibit "A" to this First Amendment
attached and incorporated herein by reference.
2. Paragraph 4 of the Agreement, entitled "COMPENSATION," is hereby amended
to include additional compensation payable to CONTRACTOR for the services
described in Exhibit "A" to this First Amendment, on a time and materials basis, in
a not -to -exceed amount of $35,000, thereby increasing the total contract amount
to $528,500.
3. Paragraph 5 of the Agreement, entitled "TERM" is hereby amended to extend the
term through December 30, 2021.
4. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and shall be in
full force.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the day,
month, and year first above written.
CITY OF SAN RAFAEL
Jm6c4uu, Ci ager
ATTEST:
.t. Ali ,,
�rLINDSAY LARA, City Clerk
APPROVED AS TO FORM:
Q
ROBERT F. EPSTEIN, Ch Attorney
VI
OPTICOS DESIGN, INC.
By:
Name: Karen E. Parolek
Title: CFO
[If Contractor is a corporation, add signature of
second corporate officer]
go
Name: Stefan Pellegrini
Title: Vice President
2
Task
Item 1 Finish Tasks 10.3 and
11.3 — Precise Plan and
Code with a Screencheck
Draft (due end of
October) and a Public
Review Draft (due mid-
November)
Description
Edits will include responses to comments
received to date (PDF comments from City staff +
additional comments from sub -committee)
Assumptions:
- we receive edited content from City -managed
subs (F&P, BAE, PW)
- we receive feedback from the City on
highlighted items on the list provided
- plan graphics and the 3D illustrative view will be
updated but minimal work on hand -drawn
graphics
- Task 13 budget will remain intact as per original
scope
Budget Needed
$35,000
Item 2 Public Review Draft Add- Code testing for 3 Downtown projects $5,000
on Services This will include testing the final program for each
project with PRD Code standards to show the
differences in built outcome. Deliverable will be a
memo showing submitted plan/elevation (from
Plan Set) with differences hand marked in red.
Total additional budget required
Credit from previously authorized funds for Transit Center Design Concepts
$40,000
$5,000
Total additional funds requested $35,000