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HomeMy WebLinkAboutCC Resolution 11559 (Redwood Village & Merrydale Townhomes)RESOLUTION NO. 115.5.9 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH PAUL JENSEN FOR ASSISTANCE NEEDED TO PREPARE AN UPDATE TO THE PLANNING DIVISION'S PROCEDURES MANUAL AND COMPLETE MONITORING, BUILDING PERMIT REVIEW AND INSPECTION TASKS ASSOCIATED WITH DEVELOPMENT OF REDWOOD VILLAGE AND THE 127 MERRYDALE ROAD TOWNHOMES PROJECT (Term of Agreement: from June 8, 2004, and ending on June 7, 2006, for an Amount not to Exceed $25,000) WHEREAS, the City of San Rafael has determined that professional services are needed to provide assistance needed to prepare an update to the Planning Division's Procedures Manual and complete monitoring, building permit review and inspection tasks associated with development of Redwood Village and the 127 Merrydale Road Townhomes project; and WHEREAS, at the City's request, Paul Jensen has submitted proposals to provide assistance for the work described above, including a list of anticipated activities/tasks and estimated budget, and said proposals are attached to the Agreement for Professional Services; and WHEREAS, the Community Development Department's budget for fiscal years 2003 — 2004 includes funding for preparation of an update to the Procedures Manual; and WHEREAS, the developer of Redwood Village and the 127 Merrydale Road Townhomes project has agreed to pay all consultant costs associated with the follow-up tasks needed to complete project development. 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 Services with Paul Jensen in the form attached as Attachment "1." 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 7"' day of June, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Ili 11 er, Phi 11 i ps and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller JEA$41_-�E M. LEONCINI, City Clerk UR 1 6`1 N A L ,� AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 8th day of June 2004, 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 assist in the preparation of an update to the Planning Division's Procedures Manual and complete monitoring, building permit review and inspection tasks associated with development of Redwood Village and the 127 Merrydale Road Townhomes project. 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 preparation of an update to the Planning Division's Procedures Manual and completion of monitoring, building permit review and inspection tasks associated with development of Redwood Village and the 127 Merrydale Road Townhomes project. Duties shall include the tasks described in the attached Exhibits "A' and `B," incorporated herein. 06/02/04 1 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 $100.00 per hour. The billing amounts authorized under this agreement shall not exceed $25,000.00. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. TERM OF AGREEMENT. The term of this Agreement shall be for 24 months commencing on June 8, 2004, and ending on June 7, 2006. 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. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) 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) day time 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. 06'02/04 7 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. 06102!04 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 (30) 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. 06'02:'04 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: Kristie R. Wheeler Project Manager 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 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 06/02/04 5 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. 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. 06/02/04 6 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 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: AANNE�M. LEONCINI, City Clerk APPROVED O FORM: G� Y T. RAObHIANT�, City Attorney Attachments 06/02/04 7 CONTRACTOR B,(-JAAX A ,. - Name: Paul A. Je Title: Sole Proprietor PAUL A. JENSEN, AICP Policy/Environmental Planning and Processing 77 Mork Drive, Suite 32 San Rafael, California 94903 (415) 479-9438 FAX (415) 472-3187 RECEIVED May 20, 2003 MAY 2 4 2004 OF Kristie Wheeler CITY PLAN N fZgFAEL PLANNING Principal Planner City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 Subject: Proposal for Services, 127 Merrydale Road and amendment to services contract for Redwood Village Dear Ms. Wheeler: This letter is a follow-up to our conversation regarding planning services for the Redwood Village and 127 Merrydale Road (Merrydale Court) projects. You have asked that I provide you with an estimate of consultant time needed to complete monitoring, plan review and inspection tasks required for these projects. The proposal for services is presented as follows: 1. Redwood Village. At present, my services for this project are provided under an existing contract, which was last amended in June 2002. This last contract amendment set forth service needs for this project through completion of construction and initial monitoring of the off-site native grassland mitigation plan. As you know, there have been a number of additional tasks and services completed on this project, which were unexpected but billed under the current contract budget. Additional services included meetings, inspections, and plan review for roof vent and flue issues and the processing of a Conditional Use Permit for the off -haul of excess soil material from the park site. As this project is approximately 30% complete, there will be need to amend the services contract. The remaining service needs are as follows: a. Continued monitoring of the project construction, review of plans and completion of site inspections. An additional budget of 30 hours is estimated for this service. b. Continued monitoring of the Oak Hill Open Space native grassland mitigation plan, including plan review, site inspections, meetings Kristie Wheeler May 20, 2004 Page 2 and report preparation. An additional budget of 90 hours is estimated for this service. Services on this project have been covered under an amendment to my current contract with the City, which authorizes an hourly billing rate of $90.00. My billing rate has been raised to $100.00 per hour. Therefore, a not -to -exceed budget of $9,000 is proposed for this service. 2. 127 Merrvdale Road (Merrvdale Court). Planning services needed for this project include the following tasks: a. Review of construction plans for issuance of a building permit b. Completion of site inspections during and through completion of construction. C. Coordination and review of final CC &Rs for the condominium subdivision. It is estimated that this service will require 60 hours with a not -to -exceed total budget is $6,000. Thank you the continued consulting work. Should you have any questions, please feel free to contact me at 415.479.9438 or e-mail me at iensenaicp(Daol.com. Sincerely, Paul A. Jensen Prp127m.doc WORK PROGRAM For San Rafael Planning Division Procedures Manual June 1, 2004 Task Milestone Tasks to be Completed for Each Milestone Hours No. Kick -Off & Initiate meetings with City staff. Introduction Identify scope of revisions to procedures manual format and content. Finalize work program. 2. Research and Gather ideas and concepts for manual update that would Review include: • Meetings with Planning Division staff (staff planners and administrative staff) • Identifying suggestions and recommendations from procedure manuals prepared for other agencies. • Review of City ordinances, guidelines and regulations that would require inclusion in the manual update. • Review and identify State -mandated regulations pertinent to planning procedures. 3. Update Manual Prepare outline of draft manual format. Present to City Format staff for review, revision and approval. 4. Prepare Draft Prepare draft manual to include the following: Manual Update & Inclusion of and revisions to sections/text from existing manual to be retained. • Preparation of new text outlining general procedures and procedures specific planning entitlements. • Preparation of new text outlining procedures for administrative staff. Conduct Staff Meeting Workshop 6. Prepare Final Manual Update Total Hours @ $100.00 per hour C:\wrkprgsr.doc Coordinate and attend staff meeting workshop to present draft manual. Complete revisions to procedures manual. * A comprehensive update of the manual will require approximately 100 hours to complete. This work program assumes that 30 hours of this work will be provided by City staff. Proposed by: Paul A. Jensen, AICP Policy/Environmental Planning 5 15 30 5 10 70* ACORD. CERTIFIQ-_ ICE OF LIABILITY INSUR.-. VCE UOD 01-16DTE A 2004 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 I SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED IINSURER A:Hartford Casualty Ins Co INSURER B: PAUL A. JENSEN, AICP I INSURER C: 77 MARK DRIVE, SUITE 32 INSURER 0: SAN RAFAEL CA 94903 I 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. (NSR' TYPE OF INSURANCE POLICY NUMBEA PUUt;Y t:FFtt IIVt r_aU i urIHA (KIN LTR DATE IMM/DD/YY) DATE IMM/DD/YY) I LIMITS GENERAL LIABRITY A COMMERCIAL GENERAL LIABILITY _ I CLAIMS MADE A OCCUR X Business Liab GEML AGGREGATE LIMIT APPLIES PER: POLICY I I JECT I X I LOC AUTOMOBRP LIABILITY A ANY AUTO ALL OWNED AUTOS _ SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LUIBILITY ANY AUTO —d j EXCESS LIABILITY _ I OCCUR u CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER E.L. DISEASE - EA EMPLOYEE I $ E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECWL PROVISIONS Those usual to the Insured's Operations. I: I 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 ACORD 25-S 17/97) 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 110 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 REPRESS TA=E I, ACORD CORPORATION 1988 EACH OCCURRENCE $1, 000, 0 0 0 57 SBA EL5908 03/24/04 03 /24/05 1 FIRE DAMAGE (Any -ne fir.) s300,000 MED EXP (Any one person) 1 $10,000 PERSONAL 6 ADV INJURY 1 $1,000,000 GENERAL AGGREGATE I s2,000,000 PRODUCTS - COMP/OP AGG I s2, 000, 000 57 SBA EL5908 03/24/04 03/24/05 COMBINE (EaaccideMjINGLELIMIT $1,000, 000 BODILY INJURY (Per person) I $ BODILY INJURY (Per accident! I $ RECEIVFD PROPERTY DAMAGE $ I IPet accident) J 15 004 I AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA ACC $ IEL AUTO ONLY: AGG $ RECEIVED EACH OCCURRENCE $ (AGGREGATE $ APP 15 2004 I $ I $ (:ITN n RAN RAFAFI $ PLANNING I WC STATu- oTH TORY LIMITS I I ER 1 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE I $ E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECWL PROVISIONS Those usual to the Insured's Operations. I: I 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 ACORD 25-S 17/97) 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 110 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 REPRESS TA=E I, ACORD CORPORATION 1988