HomeMy WebLinkAboutItem 4.02 AmendSchaeferRnchGPA (2)
.~.,
....
, '....<
. -
.-'
'.
-,
.-
C I T Y C.L ER K
File # D~[Q][Q]..[3]1til
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 23, 1996
SUBJECT:
P A 94-028 Schaefer Ranch General Plan AmenQJnent .EIR.
Amendment to the Contract between the City of Dublin and WPM
Planning Team, Inc.
Report Prepared by: Tasha Huston, Associate PlannerJJ,Jr
EXHIBITS ATTACHED:
Exhibit 1.
Draft Resolution approving-amendment to the
consultingcontract.between the City and WPM
Contract Amendment from WPM Planning Team, Inc.
Letter from Robert Y ohai, of Schaefer Heights Inc,
Budget Change Form for amendment to Planning
Department Professional Services budget
Exhibit 2.
Exhibit 3.
Exhibit 4.
RECOMMENDATION~ 1.
./
2.
Adopt Resolution approving the third amendment to the
contract between the City and WPM-Planning Team
. Authorize the City Manager to Execute the amendment to the
contract in the amount of$I5,750
Authorize amendment to-Planning Department Professional
Services-budget in the amount of$39,945
3.
FINANCIAL STATEMENT:
The current contract amendment will not exceed $15,750. The total
budget amendm~nt amount is $39,945, which includes the two
contract arnendments.pre~ously approved. 1).e applicant-is
responsible for all processing costs associated with the contract
amendment
DESCRIPTION:
On October 24, 1994, the City Council authorized the City Manager to sign an agreement with WPM
Planning Team, Inc. (WPM) to undertake the Schaefer Ranch General PI~ Amendment Study. The study
involves a General Plan Amendment document and Environmental Impact Report-(EIR}. Theoriginal
contract sCQpe of work anticipated a total cost not to exceed. $I39~150.00.
In June of I99S,^the City Council approved the first amendment to the consulting contract between the
City and WPM, for a specialized study to analyze fire protection impacts. The cost of this first amendment
to the contract was $21,045. In September of 1995, a minor administrative. amendment was'approved by
the City Manager in the amount of $3,150, to cover supplemental traffic and .noiseanalyses as part of
.- '
-----------~----------------------~~~~---~--~~---~~~~--~-~~~~~~~=~-~..
COPIES TO: Applicants
In J[oRse Distrlb"non
JTEMNO.~
. , ,
ongoing work on.:theproject.s EIR.(TI,econttact .allQWS for minor amendments, not 'exceeding 5% of the
cOntntct:~fit,tobe approved administratively.) · ·
The Sebaefet'Rand1.,pr<>~,.plicant$ha,!,\~ to both of~e previous contract amendments, aild!*w, . ~~-;::fL';.:"
depositedl1n,ds;~~e~ityto:Co:et,d~oOessmg'CQsts incurred to date. . '. .....:~;~~::':~
, ., . ,',' , . ;, -, :' .',.' ..~ ,'.. ' .. ,. " ,,' ,
This third'coltt14tpllendmtDtwas antiCipated in the oJiSina1scope ()fwork for the project. It was
intended. ~:the'aiiginal contratt WfAtld DOt inc1udethe.cost for necessary work on the responses to .'
corrun_OiUbtf.IftB~ ahdtbatthi$awi6Unt;,~~ detem1ined later. This is due to the fatt\tbAt
the numbetofEll:ec:)lftmets:teoeived 'lndthelov~ofrespODSe\Work necessary is dimcult to predict 'at ~
time the oriMft';;I~H~""':':".' . .._.."'Ilai._--i! '
.~"",~"lUM,~"1S ~.m;R:I.
since thi~.....~~tti~~b"\t:.ft~~~AAin)F~~.~.th~.trm< ~tant 'has been rep .: '*fJOnSeS
..~w '.' ::r- '" "'!l"-"HiW>~~ ,........-:.7. ~.. P anng
t~the~.J'~~:ontht"Bn( and antiCipates releating the Final EIR. by May 10. ..1996 for 'pUblic , ;.' .
~_'lKf~d~byth.'~ity. ~ipu&licbfarings. The scope of work for the -'ll~
toCo~~"~drdlted,~Ott;b,U beenptepated, with a services cost of$1$.7~9." _
." \" . "
A Ietter_~ feceived~ 3lftOmaQborfYohai.the ScbaeferRaneh project appliC8At, suppot'tiDg
the'~amemt_t fur the-:respcmseto:.ooimtems work. .' .
Staff reCo~s,tbatthe CitY:CounciladOpt.'~ attached rescJlutiOn,apProving the. amendme~tothe
" Constdtinj:~~~itl~.~_Orize.ecution of~e cotltract' amendrrtent(EXhibit: 2):; .,' ,
1 ,. ,.\ , -"' ~,. , '. .... :.: .,;,' ';;,'..
~.i~..,-j;:,'f~"" :' >'. .:-::;:":.\: ,.
,Asanadni1UttatNe;..u~>.tt<<.fhe ~t)epartmeDt's 1995..1996 budget also~s t6be
amended ini(~rd.ftCyi;i$eas8tho~, aJI~:" Pr6&:ssioDBtServices. Theincreaseshould,include ' .......
the,~(rttJletwQ~!~ ~tOrtbis project, as weD as thecurrent8.ltle~. .:>:,
for .,totalmcNUt:(fDti94-S. '-'rhtflpplicant,is~ntibt.for' all. processing, costs associated with.'the' '. ,..'. ,,:'{.:' i<
eoA~~....':'" " .
Stlff~1"':~'CityCoun9ilautho~thi'Budset'Atnendmbnt,. aUowmg an increase in .the" ,. .
ProteseitIMI~:'~':"$39.945'pajd'fot;tiy,$cJjjefer Heights Inc. (Exhibit 4). .
I." ,', '.",' < ',\. ':., .'. . _ I '.'i
r .<."
, . \. ~.,
.", "
>"".
"';'
":,: \","i". .
:< . . ~ 1:.,_
,; If'
:< <"
c, .cO. '" ,.
" 1-
. .:\'1 .
",,' .
,".. ,. \
i" .
~, <
. .
0:':/';.1,' ......,,;;
, ' "'." "" c.::,:,
....\ ".
; . -.\::':-:'..
":"'!'o"
, .i
.. .1' .
'", <: ,"'d'
: '. ~,~
8:\pa"1994\94028'dtftpts\lrco4~96.doc
RESOLUTION NO.
.'
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO THE CONSULTING CONTRACT WITH WPM PLANNING TEAM
FOR RESPONSES TO COMMENTS ON THE DRAFT EIR
WHEREAS, Schaefer Heights Incorporated has applied for PA 94-028 Schaefer Ranch General Plan Amendment Study,
requiring preparation of an Environmental Impact Report (EIR); and
WHEREAS, the City Council approved Resolution No, 111-94 awarding the EIR consulting contract to WPM Planning
Team, Inc.; and
WHEREAS, as anticipated in the original scope of work, a contract amendment is necessary to complete work to respond
to comments on the draft EIR,; and
WHEREAS, the applicant supports the amendment to the EIR contract for the response to comments work, and agrees to
pay the cost of the consultant services; and
WHEREAS, the Staff Report was submitted recommending that the City Council authorize the proposed contract
amendment with WPM Planning Team; and
WHEREAS, the City Council did consider said report and recommendations.
ed NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the amendment to the consulting
contract with WPM Planning Team, Inc. for responses to comments on the Draft EIR,
PASSED, APPROVED AND ADOPTED this 23rd day of April, 1996.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
e:.pa#\1994\94028\stfrpts\resocntr.doc
EXHIBIT 1
Contract Amendment 9309.3
CONSULTANT: WPM PLANNING TEAM
.
CLIENT: CITY OF DUBLIN, CALIFORNIA
PROJECT: SCHAEFER RANCH EIR
BACKGROUND
WPM Planning Team, Inc, (Consultant) was retained by the City of Dublin to prepare this EIR, under
"agreement of October 24,1994. The original agreement was amended on June 13,1995 and October 5,
1995, to include a supplementary fire protection investigation, noise analysis, and traffic analysis.
The City has requested WPM Planning Team to prepare a contract amendment, in keeping with the
terms of the original agreement. Section 8 of the Agreement states:
City may request, from time to time, changes in the scope of services to be provided by Consultant. Any
changes and related fees shall be mutually agreed upon between City and Consultant and shall be the
subject of a written amendment to this Agreement.
This contract amendment has been prepar,ed in keeping with the above provisions of the agreement.
REASONS FOR CONTRACT AMENDMENT
...
'.
This contract amendment is necessary for the following reasons.
1, Response to Comments. WPM's contract with the City of Dublin does not include a budget for
work on response to comments (Task 23), The contract stipulates that this amount is to be
determined:
Since the number of comments and the level of response can vary widely, it is difficult to predict and
provide a fixed fee for Task 23, Response to Comments: DEIR. The consultant will estimate the time and
materials cost for preparation of response to comments and will report that estimate to the City. Task
23.0 work will not be initiated by the consultant and his subconsultants until the City notifies the
consultant to proceed and complete Task 23,0. Actual costs of this task will be carefully recorded. At the
conclusion of this task, an amendment to the contract will be made, based on this actual cost.
[City of Dublin Resolution No. 111.94, October 24, 1994, page 15.]
2. Contingencies. As a result of the April 8 study session with the Planning Commission and City
Council, additional time may be needed to review, revise and coordinate revisions to the
General Plan Amendment and other related tasks.
.,.'.
EXHIBIT 2
.
e';
.
Schaefer Ranch EIR Contract Amendment 3 - page 2 of 3
REVISED WORK SCOPE AND COMPENSA nON
ADD THE FOLLOWING TASKS AND EXPENSES.
Task 23.0 Response to comments on Draft EIR
23,] Preparation of response to comments
a WPM: 114 hr@ 75
b T JKM: traffic comments
c S. McGinnis: biology
d Gage-Babcock: fire/medical
e Ruggeri-Jensen: engr.
8550.
1600.
500,
1200.
2000,
23.2 Supplementary biological survey, to provide infonnation
for CDFG comments on EIR
Task 27.8
Contingencies and wrapup GPA work.
Review; coordination with City and applicant; revisions
TOTAL ADDITIONAL COMPENSA TION
for CONTRA CT AMENDMENT 9309.3
'13850.00
1000,00
900.00
15,750,00
Schaefer Ranch EIR Contract Amendment 3 - page 3 of 3
COMPENSA TION, Agreement paragraphs 7 and 8, referring to total compensation, are amended by
deleting the sum of $163,345 and adding in its place the sum of $179,095.
PROGRESS PAYMENT LIMlTS
Exhibit C, "Progress Payment Limits," is amended to incorporate payment under
Contract Amendment 3 [attached].
SCHEDULE
Replace Exhibit B with Revised Exhibit B , "Revised Schedule" [attached].
Except as expressly set forth herein, the AGREEMENT as amended shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to the
AGREEMENT to be executed the day and year first written below,
WPM PLANNING TEAM, INC,
THE CITY OF DUBLIN
(a municipal corporation)
O..QL
By:
Dennis Dahlin, P sident
Richard C. Ambrose, City Manager
~~\ \Z I \c:r,,,
Date
Date
e
e:
..
A
.'
....:,
:'. "
.-,'-
May 10, 1996
June 1996
July 1996
EXHIBIT B
REVISED SCHEDULE
(A ttachment to Contract Amendment 3)
FEIR to City
Planning Commission hearing
City Council hearing. Consideration of
· EIR certification
· GPA
· Findings
· Mitigation Monitoring Program.
· Other project actions
EXIDBIT C
(as con ended by Contract Amendment 3)
PROGRESS PAYMENT LIMITS
e
for work on
SCHAEFER RANCH EIR / CEQA FINDINGS / GP A / GP A MAP
Maximum amount of progress payments Actions
Not to exceed $97,405,00 $138,266.75 Administrative DraftEIR/GPA (within 30 days
of acceptance)
(includes Contract Amendments 1 and 2)
Not to exceed $13,915,00 Draft EIR / GPA (within 30 days of acceptance)*
Not to exceed $14,850,00 Completion of Response to Comments (within 30
days of acceptance by City staff).
Not to exceed $13,915.00 $4646,50 Final EIR / GPA / CEQA Findings (within 30
days of acceptance by City staff)
Not to exceed $2,7&3.00 $2770,00
Unified GP / Schaefer Ranch GPA map (within 30
days of acceptance by City staff)
e::.
Not to exceed $13,552,00 $4646.75
(plus final retention)
Approval of Final EIR / CEQA Findings / GP A
(within 30 days of certification) **
NOTE: This payment schedule assumes prompt and timely adherance to Exhibit B: Time
Schedule of this contract. If work is delayed for reasons beyond the control of the Consultant,
the Consultant shall submit an invoice for work completed to that point, together with evidence
of work completed on the contract. Upon verification of work completed by the Consultant, the
City shall pay the Consultant according to the invoice,
*
The City shall retain 10% of the work requested at each invoice. After receipt and
acceptance by the City of the Draft EIR, the total retention amount accrued at that point
will be released, upon City acceptance,
**
Final retention: the City shall retain 10% of the work requested at each invoice. After
certification of the Final EIR and adoption of the General Plan Amendment, the amount
of the retention will be released, upon City acceptance,
.
~ .......... ~.
e:'
,-........,..
.
."
, ,
SCHAEFER
H E
G H T S
February 12, 1996
Tasha Huston, Associate Planner
City of Dublin
100 Civic Plaza
P.O, Box 2340
Dublin, CA 94568
Re: "SCHAEFER RANCH"
Draft Environmental Impact Report (DEIR)
Dear T asha,
You have by now received our check in the amount of $12,000,00, payable to the City of Dublin, as a
deposit against the costs for WPM Planning Team, lnc" to prepare the responses to comments on the
DE1R. We hereby request that any anlount of the $12,000.00 not spent on the responses be returned to us
promptly.
We understand that a contract amendment between the City and WPM Planning Teanl, lnc, to authorize the
preparation of the response to comments will be before the City Council in the near future. We are
supportive of this contract anlendment and urge its approval so we can bring t11is phase of our approvals to
a close,
We have grO\\11 increasingly concerned with the escalating costs of this EIR, the resultant mitigation
measures and City fees, And just as disturbing, are the time delays with the processing of this EIR. We
are now approximately one year behind schedule.
We have paid our fees and have accommodated the process in every way possible and therefore we want to
reiterate that we've requested to have all project approvals for which we have applied be considered witllin
the ne:\.1 six (6) months, We deserve to have our property to be treated as a high priority, an issue we will
take up with the City Council.
Please continue to do everything, as you have, to move this project forv;ard in an efficient and tinlely
manner without delay. We appreciate your responsiveness and cooperation. It is the technocratic process
that has been frustrating, tinle consuming and costly,
We look forward to working with you and the City to achieve our common goals.
Very truly yours,
~ER HEIGHTS, INC.
ROberty~/f{ ~
President
f' ," C \. ,...
It ~ ~ t: l ..' ".....
I _ '':'rr.I'"
-', l~-"J
I I.. L : ~ .J.
Schaefer Heights. Inc.
01 ,~, r~ I '"~ '. ~ I',', ',; ')
:.J\::L..' . .' .'
155 Filben Sr., Suite 200
Oakland, CA 94607
415,893.8186
Fax 415,893.0205
EXHIBIT 3
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
.
From Unappropriated Reserves
From Budgeted Contingent Reserve (1080-799,000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
~_ From New Revenues
K~sl_~:.VIIII~~Jll:'. .. ~ '?1n~ltllftillRfW4il~\~~._1l.'lm_l%fJMTJBI_A;~:iif:i:::
..........
Name: Name: PROFESSIONAL SERVICES /
PLANNING $39,945
Account #:
Account #: 001-9010-729-000
Name: Name: CHARGES FOR SERVICES -
ZONING/SUBDIVISION FEES $49,931
Account #: Account #: 001-1000-565-001
Name: Name:
Account #: Account #:
Name: Name:
.
Account #: Account #:
-
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
REASON FOR BUDGET CHANGE ENTRY: The Professional Services budget increase includes the amount
of two previous contract amendments, (Specialized Fire Study: $21,045 and Supplemental Traffic and Noise
analyses: $3,150), as well as the current amendment, (Responses to Comments: $15,750) for a total increase
of $39,945. The additional costs and the City's overhead costs will be offset by new revenue in the amount of
$49,931.
City Manager:
Date:
Signature
':':':-.-:':':':':':';',
;:::::::::::::::::;.;.:.:,:.:.:.::::;;::::::;:;:;:::::::::;:;::::::
......
................'.,.." .,..
;,~:::::::;:~:~:~:~:::::::!::;::::::::f;t:;~~~~~;.:.:.:.:.:.:.:.:.:.:.."".",,:::;:::,~)ijij;~:
.....I~.~ppt9xaL~!mf,:B~~"BPm19~r:~lpA&':Rn:~#!~';:'j.::j::::um:::::
~:: :;;~:~;::;: ::::: :;:;:;::
::::::::::.:.:.;,:;:::.::'
""',;.;.;.:.:.;.
".:::::::;::.:.;::::.':
.. ;::':.
Mayor:
Date:
Signature
Posted By:
Date:
....
. '
fr1nruIbudgdrng
Signature
EXHmIT 4