2008/12/16 City Council Resolution 2008-195RESOLUTION NO. 2008-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
APPROVING A FOURTH AMENDMENT TO THE AGREEMENT FOR SERVICES
WITH MACTEC ENGINEERING AND CONSULTING, INC. REGARDING THE
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
WILFDRED/DOWDELL SPECIFIC PLAN.
WHEREAS, on April 13, 2004, the City entered into an agreement ( "Agreement ") with
MACTEC Engineering and Consulting, Inc. to prepare an Environmental Impact Report ( "EIR ")
for the Wilfred/Dowdell Specific Plan;
WHEREAS, additional work has been required to complete the Draft EIR and additional
funding was required for the final tasks;
WHEREAS, the City has received and reviewed the Budget Increase Request for
Wilfred /Dowdell EIR Project dated December 9, 2008 ( "Contract Augmentation ") from
MACTEC Engineering and Consulting, Inc. to perform the additional environmental work
required ( "Additional Work ");
WHEREAS, pursuant to the Agreement, the cost of preparing the Additional Work will
be reimbursed to the City by the ultimate developers of the Specific Plan Area; and
WHEREAS, Staff has prepared a Fourth Amendment to the Agreement ( "Fourth
Amendment ") to reflect the Additional Work.
WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered
the information contained in the Staff Report and all relevant materials regarding the Fourth
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the Fourth Amendment to the Agreement with MACTEC Engineering and Consulting,
Inc. for the Additional Work, for an amount not to exceed $11,300.00, is approved and the
Interim City Manager is authorized to execute said Fourth Amendment.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park on this 16th day of December, 2008.
ATTEST:
City
CITY OF ROHNERT PARK
ViosNExr
LIFoRNIN
BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BREEZE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
FOURTH AMENDMENT TO THE AGREEMENT WITH MACTEC ENGINEERING AND
CONSULTING, INC. FOR THE ENVIRONMENTAL IMPACT REPORT FOR THE
WILFRED/DOWDELL SPECIFIC PLAN
This Fourth Amendment to the Agreement between the City of Rohnert Park ( "City ") and MACTEC
Engineering and Consulting, Inc. ( "Consultant ") for preparation of the Environmental Impact Report ( "EIR ")
for the Wilfred /Dowdell Specific Plan ( "Fourth Amendment ") is entered into as of the day of
( "Effective Date "), by and between City and Consultant.
RECITALS
A. City and Consultant are parties to that certain agreement for the preparation of the EIR for the
Wilfred/Dowdell Specific Plan dated April 13, 2004, as amended ( "Agreement ").
B. City and Consultant now desire to enter into this Fourth Amendment to the Agreement to provide for
additional work as described below.
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the
Agreement as follows:
1. Scope of Services. In addition to the services provided under the Agreement, Consultant shall provide
additional services, including but not limited to, additional work to complete the document and remaining
tasks, as outlined in the attached Budget Increase Request for Wilfred/Dowdell EIR Project dated December
9, 2008 ( "Exhibit "A" - Contract Augmentation ").
2. Compensation. The not -to- exceed amount of $110,473 which is in effect prior to this Fourth Amendment is
hereby increased by $11,300.00 as consideration for Consultant's performance of the additional work tasks
described in attached Exhibit "A ", attached hereto and incorporated herein. Accordingly, Consultant shall
complete the services described in the Agreement, including this Fourth Amendment for a total not -to-
exceed amount of $121,773.00.
3. Agreement in Effect. Except as amended by this Fourth Amendment, the Agreement shall remain in full
force and effect.
4. Counterpart Signatures. This Fourth Amendment may be signed in multiple counterparts which, when signed
by all parties, shall constitute a binding agreement.
[Signatures on following page]
IN WITNESS THEREOF, the parties have executed this Fourth Amendment as of the date first written above.
CITY OF ROHNERT PARK: MACTEC ENGINEERING AND
CONSULTING, INC.:
By: By:
Name: Daniel Schwarz (Date) Name: Gary Lieberman (Date)
Title: Interim City Manager Title: Senior Geologist
Per Resolution No. adopted
by the City Council on
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Name: (Date)
Title:
EXHIBIT "All
TRANSMITTAL
To: Mr.. R.on Bendoff
City Of Rohnert Park
6750 - C. bmtherc. 6 Boulevard
Robnert.P Ciflifomfia 94-928
F ro.' mi"m Gary.Liebennan.
.Date; Deeeml�er:9; 2008
Budget Increase, Request for Wilfred/1)6wdell EIR Project
Project NUMbe 4Q85.090507
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