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HomeMy WebLinkAboutCC Resolution 11869 (Village Loch Lomond Project)RESOLUTION NO. 11869 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH PAUL A. JENSEN FOR SERVICES AS PROJECT PLANNER FOR "THE VILLAGE AT LOCH LOMOND MARINA" PROJECT, INCREASING THE BUDGET FOR SERVICES (Original Agreement Term: March 22, 2005 through March 21, 2007, with an amended budget not to exceed $80,750) WHEREAS, on March 21, 2005 the City Council authorized the City Manager to execute a Professional Planning Services Agreement with Paul A. Jensen, AICP (Consultant) for services as project planner for "The Village at Loch Lomond Marina" project, with a maximum budget amount of $40,375.00; and WHEREAS, as outlined in his November 29, 2005 request for a budget amendment, the Consultant indicates that the original project budget is inadequate to cover charges for his services, as the project has been subject to delays and the requirement for additional studies and analyses that were not anticipated in the original budget and are beyond the control of the Consultant; and WHEREAS, all costs associated with the Consultant's services as project planner will be recouped from application and permit processing fees collected from the project developer during the course of the development review process for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the Interim City Manager to execute, on behalf of the City of San Rafael, a "First Amendment to Agreement for Professional Planning Services" with Paul A. Jensen, AICP, per proposal attached as `Exhibit A". 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 City Council of said City held on Monday, the 19th day of December 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None JE M. LE �4 . ECNC ,City Clerk FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This first amendment to the Agreement for Professional Planning Services is made and entered into this 19th day of December 2005, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and PAUL A. JENSEN, AICP (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY and CONTRACTOR executed an Agreement for Professional Planning Services regarding project oversight of responsibilities related to the "The Village at Loch Lomond Marina" development project on March 21, 2005, and WHEREAS, the previously approved budget of $40,375.00 for professional planning services is inadequate to cover the costs for CONTRACTOR's services, due to project delays and the need for expanded studies and analysis beyond CONTRACTOR's control. AGREE IENT NOW, THEREFORE, the parties hereby agree to amend the original Professional Services Agreement of March 21, 2005, as follows: 1. COMPENSATION ,For full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $95.00 per hour. The billing amounts authorized under this agreement shall not exceed $80,750.00. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. All other terms outlined in the March 21, 2005 Professional Services Agreement between the CITY and CONTRACTOR are unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL & ) .XM 0 l � KEN N�DHOFF, Interim City&ager 12/21/05 CONTRACTOR ,-Gk , ,a Name: Paul A. Jens G Title: Sole Proprietor ATTEST: JYANNE M. LEONCM, City Clerk Attachment: d/19 attorney ■ Loch Lomond Marina Development, San Rafael — Budget Amendment to Professional Services Agreement — Paul A. Jensen, AICP — November 29, 2005 12/21/05 ~~"�! EXHIBIT "A" F. .. PAUL A. ,JENSEN, AICP Policy/Environmental Planning and Processing 77 Mork Drive, Suile 32 Son Rafoei, Cohlornio 94903 (415} 479.9438 FAX {415} 472.3187 November 29, 2005 Bill Meeker, Principal Planner Community Development Department City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Subject: Loch Lomond Marina Development, San Rafael; budget amendment to professional services agreement Dear Mr. Meeker: In March 2005, the City of San Rafael approved a Professional Services Agreement, which authorized my planning services for managing the Village at Loch Lomond Marina project. As outlined in my letter to you dated February 21, 2005, the services agreement covers project planning and management through the all processing phases of this project. The budget for this service was set at $40,375.00. The project is approximately 25-30% through the review process. The next major milestone is the publication of a Draft Environmental Impact Report, which is scheduled to be released in January 2005. When the services agreement was approved, it was expected that this review process would be completed by the end of 2005. However, there have been a number of delays as a result of additional studies commissioned by the project sponsor and/or required of the EIR consultant. The delays in the process and the need for expanded study have caused me to exhaust much of my service budget, primarily because of the following reasons: 1. 1 was directed to complete a detailed analysis of dry dock boat storage, which included surveys of the site and other businesses providing this service. Preparation of such an extensive study resulted in use of service time, which was not anticipated in the original budget for services. 2. A special parking demand study was commissioned, which required that I: a) prepare a request for proposal for services and review the proposal; b) review of the draft study; and c) coordinate with the transportation consultant. This work resulted in use of service time, which was not anticipated in the original budget for services. 3. There are many detailed components of study for this project, which have required a higher level of review and analysis than originally anticipated. For this reason, there has been an exhaustive amount of time spent coordinating Bill Meeker, Principal PI ier November 29, 2005 Page 2 and meeting with the project sponsor and the EIR consultant to ensure that all issues are appropriately covered and not missed. While difficult to determine, it is estimated that there have been 50-75 hours of additional time spent in meetings that were not anticipated in the original budget for services. 4. The environmental review process has required the coordination and review of two Administrative Draft Environmental Impact Reports (ADEIR). The original budget for services covered the coordination and review of one ADEIR. Given the high profile nature of this project, the pace and extended study that has been experienced to date is expected to continue. As of this date, there is a remaining budget of $11,257.50 under my current services agreement. The billing for November 2005 is expected to use approximately 20-25% of this remaining budget. As we have yet to complete the environmental review process or analysis of project merits, I respectfully request an amendment to my services budget at an hourly rate of $95.00 per hour as follows: ➢ Amend Phase II services (Environmental Review Process) for an additional 150 hours at $14,250.00. ➢ Amend Phase III services (Project Merits Review) to 200 hours for a total of $19,000.00. ➢ Amend Phase IV (Attendance at Public Hearings and Meetings) to 60 hours for a total of $5,700.00. ➢ Retain Phase V (Post Action Processing) at 15 hours for a total of $1,425.00. The total for this amended budget is an additional $40,375.00. Thank you for considering this budget amendment to my services agreement. If you have any questions, please feel free to contact me at 415.479.9438 or e-mail at iensenaiCD5.aol.com. Sincerely, Paul A. Jensen, AICP C:/Ich1mnd.prps12 RESOLUTION NO. 11715 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH PAUL JENSEN FOR SERVICES AS PROJECT PLANNER FOR "THE VILLAGE AT LOCH LOMOND MARINA" PROJECT (Agreement Term: March 22, 2005 through March 21, 2007, amount not to exceed $40,375) WHEREAS, the City of San Rafael has determined that professional services are needed to provide project management services in the capacity of project planner for "The Village at Loch Lomond Marina" project; and WHEREAS, at the City's request, Paul Jensen (Consultant) has submitted a proposal to provide assistance to the City for the work described above, including a list of anticipated activities/tasks and an estimated budget, and said proposal is attached to the Agreement for Professional Services; and WHEREAS, the costs associated with the Consultant's services as Project Planner will be recouped from application and permit processing fees collected from the project developer during the course of the development review process for the project. 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, an Agreement for Professional Planning Services with Paul Jensen, in the form attached as "Attachment I". 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 City Council of said City held on Monday, the 21 st day of March, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: -None ABSENT: COUNCILMEMBERS: None JE ` M. LEONCINI, City Clerk COPY �\1?1� AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 21st day of March 2005, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and PAUL A. JENSEN, AICP (hereinafter "CONTRACTOR'). RECITALS WHEREAS, given the current workload of staff and the pace of land planning and development activity, the CITY has determined that professional services are needed to supplement existing staffing through re -assignment oversight responsibilities for "The Village at Loch Lomond Marina" project to an experienced consultant familiar with San Rafael's development processes. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Principal Planner (Current Planning) is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Paul A. Jensen is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide professional services as Contract Planner. These services shall be performed under the supervision of the Principal Planner, in conjunction with the CITY's processing of development entitlements for "The Village at Loch Lomond Marina" project. Duties shall include the tasks described in the attached Exhibit "A", incorporated herein. 03/04/05 DUPLICATE F `moi I. �`i }�"E ;,1 . a 0 R i Ga I N A L 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone and computer facilities. CITY shall provide CONTRACTOR with copies/sets of local plans, ordinances and reports that are pertinent to the project that has been assigned to the CONTRACTOR. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $95.00 per hour. The billing amounts authorized under this agreement shall not exceed $40,375.00. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 24 months commencing on March 22, 2005, and ending on March 21, 2007. Upon mutual agreement of the parties, and subject to the approval of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended for an additional period of 12 months. 6. TERNIINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (3 0) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) daytime period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 03/04/05 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 03/04/05 3 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insured under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (3 0) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 03/04/05 4 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Bill Meeker Principal Planner City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 City Risk Manager City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Paul A. Jensen, AICP 77 Mark Drive, Suite 32 San Rafael, CA 94903 03/04/05 5 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 03/04/05 6 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/ OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 560-06-6782, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WIIEREOF, 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: J ANNE M. LEOI�CINI, City Clerk Attachment: /n Bey CONTRACTOR By�ti A. Name: Paul A. J sen Title: Sole Proprietor ■ Proposal for Planning Services — February 21, 2005 — Paul A. Jensen 03/04/05 7 RECEIVED FEB 2 4 2005 PAUL A. JENSEN, AICP CITY PL�I,1411RAFAEL Policy/Environmental Planning and Processing 77 Mork Drive, Suite 32 Son Rafoel, California 94903 X4 1 51 479-9438 FAX (415) 472-3187 February 21, 2005 Bill Meeker, Principal Planner Community Development Department City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Subject: Loch Lomond Marina Development, San Rafael; proposal for planning services Dear Mr. Meeker: Thank you for contacting me to discuss planning services for the Loch Lomond Marina development, proposed by Thompson/Dorfman Partners, LLC. The City of San Rafael is currently processing planning applications for the redevelopment of the 128 -acre site, which is located south of Point San Pedro Road in the Loch Lomond neighborhood. Per your request, I have prepared a proposal and scope of work for planning services on this redevelopment project. The first section of this letter outlines my understanding of the project and the City's consultant service needs. The section outlines consultant tasks and activities for completing planning services. These tasks and activities are broken down by phase, with an estimated budget for completing each phase. The estimated budget is based on an hourly billing rate of $95.00 per hour. A reduced hourly rate for services is proposed given my longstanding relationship with the City of San Rafael. A. Understanding of Project and Needed Services My understanding of the proposed project and service needs is as follows: 1. The City of San Rafael has received planning applications proposing the redevelopment of the Loch Lomond Marina property. The project proposes a mixed-use development, which includes residential, neighborhood commercial, office, marina and passive recreation uses. To date, an Initial Study has been completed and a Notice of Preparation has been published. Preparation of an Environmental Impact Report (EIR) is underway. 2. The planning applications that have been filed include a General Plan Amendment, Rezoning, Environmental and Design Review Permit and a Tentative Map. These applications will require review and recommendations from the Design Review Board and the Planning Commission with final action Bill Meeker, Principal r ner February 21, 2005 Page 2 required by the City Council. I understand that the applications have been deemed complete for processing. 3. The environmental review process for this project has commenced with the preparation of an Initial Study. A Notice of Preparation (NOP) was published in late 2004, which recommends that an EIR be prepared. However, recent revisions to the project will necessitate revisions to and a re -publication of the NOP. RBF Consulting has been hired to prepare the EIR. 4. The purpose to the planning services is to oversee the processing of and overseeing the environmental and merits review required for this project. Essentially, I would serve as the project planner and manager under the direction of the City Planning Division. I would be expected to be involved in all phases of the land use and planning entitlement process. 5. The City of San Rafael would serve as the client. However, all contract planning services would be funded by the project sponsor. It is understood that I would not be responsible for funding or preparing any special studies or reports that are required for CEQA clearance and project processing. B. Scope of Services — List of Perceived Tasks Based on my understanding of the Loch Lomond Marina project, the current status of the planning applications and the necessary steps for action on the planning applications, the following tasks will likely be the responsibility of the project planner: 1. Phase I - Application Review and Project Research a. Complete a review of all project application plans, files, materials, background reports/studies and correspondence to become familiar with the project and community issues. b. Complete a review of the San Rafael General Plan 2020 and accompanying FEIR to understand the City goals and policies that are pertinent to the project site and neighborhood. C. Coordinate distribution of project plans and materials to various City departments for review and comment, if necessary. d. Coordinate and attend meetings with City staff, project sponsor and others, as directed by supervisor. e. Prepare written summary addressing project compliance/non-compliance with the San Rafael General Plan 2020. Estimated Budget for Phase 1: 60 hours @ $95.00 per hour. $5,700.00 2. Phase 11 — Environmental Review Process Bill Meeker, Principal F finer February 21, 2005 Page 3 a. Assist in preparing and publishing the revised NOP. b. Oversee management of and coordinate with the environmental consultant in the preparation of an Administrative Draft EIR (ADEIR). C. Coordinate distribution and in-house review of ADEIR. Organized and consolidate comments on the ADEIR provided by City staff and project sponsor. d. Review screen check DEIR completed by environmental consultant prior to document publication. e. Prepare Notice of Completion (NOC), public notice and mailing list. f. Coordinate distribution of NOC and DEIR for 45 -day public review period with City staff. g. Prepare Planning Commission staff report and attend public hearing on DEIR. h. Organized comments received on DEIR and meet with environmental consultant to address issues. i. Assist environmental consultant in preparing responses to comments on the DEIR and MMRP j. Coordinate distribution and in-house review of Administrative Draft Final EIR/Response to Comments (AFEIR) and MMRP. Organized and consolidate comments on the AFEIR provided by City staff and project sponsor. k. Review screen check FEI R and MMRP completed by environmental consultant prior to document publication. I. Prepare notice of FEIR availability. M. Prepare draft and final resolutions for EIR certification to include findings consistent with the CEQA Guidelines. Estimated Budget for Phase H: 950 hours @ $95.00 per hour: $14,250.00 3. Phase III — Project Merits Review a. Review and formulate recommendations on project applications under direction of the Planning Division. b. Coordinate and review comments and conditions from City departments, services, utilities and pertinent agencies. c. Prepare and coordinate distribution of public meeting and hearing notices for Design Review Board, Planning Commission and City Council review. d. Prepare and submit staff report(s) for project review by the Design Review Board (for two meetings). e. Prepare draft findings and conditions of project approval for review by City staff, City Attorney and project sponsor. Meet with project sponsor to discuss conditions of approval. Bill Meeker, Principal F ner February 21, 2005 Page 4 f. Prepare and submit Planning Commission staff report for review by the Planning Division and City Attorney. g. Prepare and submit City Council staff report for review by the Planning Division and City Attorney. Estimated Budget for Phase 111: 950 hours @ $95.00 per hour: $94,250.00 4. Phase IV — Attendance at Public Hearings and Meetings a. Prepare for and attend two public meetings with the San Rafael Design Review Board, two public hearings with the Planning Commission and two public hearings with the City Council. b. Attendance at up to three community meetings, when deemed necessary. Estimated Budget for Phase IV: 50 hours @ $95.00 per hour. $4,750.00 5. Phase V — Post Action Processing a. Prepare Notice of Determination (NOD). Coordinate filing of NOD with Marin County Clerk. b. Coordinate distribution of final resolutions listing conditions of project approval to City staff and project sponsor. C. Close-out/process City project files as complete. Estimated Budget for Phase V. 95 hours @ $95.00 per hour: $9,425.00 Total Estimated Budget for Services: 425 hours @ $95.00 per hour: $40,375.00 Thank you for the opportunity to provide you with a proposal for planning services. If you have any questions, please feel free to contact me at 415.479.9438 or e-mail at iensenaicn a()aol.com. Sincerely, Paul A. Jensen, AICP Enclosure Q/Ichlmnd.prpsll a AeORD,,, CERTIFICA : OF LIABILITY INSURA_ 4,'_'VLE k1-12-ATE200S PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH OF NO CALIFORNIA INS -PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110308 P:(888)474-5987 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED INSURER A:Hartford Casualty Ins Co ' INSURER B: PAUL A. JENS EN , A I CP I INSURER C: DAMAGEI $ 77 MARK DRIVE, SUITE 32 INSURER D: Jj SAN RAFAEL CA 94903 I INSURER E: J COVERAGES I EA ACC 5 OTHER THAN I 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. OCCUR u CLAIMS MADE INSR POLICY EFFECTIVE LTR TYPE OF INSURANCE POLICY NUMBER I DATE IMM/DD/YYI POLICY EXPIRATION DATE (MM/DD/YYI LIMITS 1 I GENERAL LIABIUTY I $ EACH OCCURRENCE I $1,000,000 A COMMERCIAL GENERAL LIABILITY 57 SBA EL5 9 0 8 03/24/05 03/24/06 FIRE DAMAGE (Anyone fire) s300,000 CLAIMS MADE u OCCUR WC STATU- I TORY LIMITS I IOTH- ER i MED EXP IAny one person) I $10, 000 I X Business Liab I PERSONAL &ADV INJURY 1$1, O O O, O O O E.L. EACH ACCIDENT 15 GENERAL AGGREGATE s2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I s2,000, 000 POLICY I I JEC I X I LOC 1 AUTOMOBILE LIABILITY A _ ANY AUTO 57 SBA EL5908 03/24/05 03/24/06 COMBINED SINGLE LIMIT I(Eaaccident) $1,000,000 _ ALL OWNED AUTOS BODILY INJURY _ SCHEDULED AUTOS (Per Person) I $ X HIRED AUTOS BODILY INJURYI S X NON -OWNED AUTOS (Per accident) — DAMAGEI $ IPROPERTY (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I $ ANY AUTO I EA ACC 5 OTHER THAN I AUTO ONLY: AGG S EXCESS LIABILITY _ EACH OCCURRENCE $ OCCUR u CLAIMS MADE I AGGREGATE $ I $ DEDUCTIBLE I $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- I TORY LIMITS I IOTH- ER EMPLOYEAS' LIABILITY E.L. EACH ACCIDENT 15 E.L. DISEASE - EA EMPLOYEE 15 E.L. DISEASE - POLICY LIMIT 15 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: A City of San Rafael Community Development Dept. Attn: Kristie Richardson P.O. Box 151560 San Rafael, CA 94915-1560 CANCELLATION 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 (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT81WE ACORD 25-S (7197) FJ ACORD CORPORATION 1988