HomeMy WebLinkAboutCC Resolution 11114 (St. Vincents Village EIR)RESOLUTION NO. 11114
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GREG ZITNEY OF ZITNEY
AND ASSOCIATES TO ASSIST IN THE ENVIRONMENTAL REVIEW OF THE ST. VINCENT'S
VILLAGE DEVELOPMENT PROPOSAL
(Term of Agreement: from June 18, 2002, and ending on June 17, 2004, for an Amount not to Exceed
$80,000)
WHEREAS, the City of San Rafael has determined that professional services are needed to
assist in the environmental review of the St. Vincent's Village development proposal; and
WHEREAS, Greg Zitney of Zitney and Associates ("consultant") was selected in October 2000
to provide professional services to the City of San Rafael in anticipation of receiving applications for the
St. Vincent's Village development proposal; and
WHEREAS, professional planning services associated with preliminary and initial review of the
applications were covered by a previously executed Professional Services Agreement with consultant
and the maximum billing amount authorized under that agreement has nearly been exceeded requiring
execution of a new agreement; and
WHEREAS, the St. Vincent's Village application and environmental review process will likely
continue for at least two years requiring extensive consultant involvement; and
WHEREAS, a list of duties required of an environmental coordinator is attached to the
Professional Services Agreement as Exhibit "A" and consultant has provided an estimate to perform
these duties; and
WHEREAS, as a condition of application submittal, Shapell/CYO ("applicants") have agreed to
pay all incurred costs associated with the review and processing of the St. Vincent's Village
applications, including consultant costs.
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, a Professional
Services Agreement with Greg Zitney of Zitney and Associates for the St. Vincent's Village
development proposal 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 Tuesday, the seventeenth day of June, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, and Phillips, Mayor Pro Tem
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen and Mayor Boro
JEAftl M. LEONCINI, City Clerk
AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES
This Agreement is made and entered into this 18th day of June 2002, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and ZITNEY & ASSOCIATES (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
processing of planning applications for and the environmental review of the development of St.
Vincent's lands, located in the North San Rafael area.
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. Greg Zitney 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 services as the Project
Environmental Coordinator, as outlined in attached Exhibit "A." This service shall be performed
under the supervision of the Principal Planner, in conjunction with the CITY's processing of the
land use and planning applications for the St. Vincent's development project. Duties shall include
the tasks described in Exhibit "A," attached and incorporated herein.
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,
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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 $130.00 per hour. The billing amounts authorized under
this agreement shall not exceed $80,000.00.
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 June 18, 2002 and
ending on June 17, 2004. 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.
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.
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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 ($1,000,000) dollars 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 ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. 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 and auto insurance, the insurance policies
shall be endorsed for contractual liability and personal injury.
3. Except for professional liability and auto 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.
4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
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CITY, its officers, agents, employees, and volunteers, as additional named insureds 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 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 whole or
in part, from any negligent acts or omissions, 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.
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 Richardson
Project Manager
City of San Rafael
1400 Fifth Ave. (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: Greg Zitney
Zitney & Associates
7 Villa Vista Court
Novato, CA 94947
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.
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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.
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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 552-72-2258, 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
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A1NNE M. LEONJClNI�City Clerk
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Exhibit A — List of Duties Required of Environmental Coordinator
EXHIBIT "A"
LIST OF DUTIES REQUIRED OF ENVIRONMENTAL COORDINATOR
The Environmental Coordinator shall be required to complete the following tasks and duties associated
with the processing and management of the environmental review process for the planning application:
A. Pre -Application Tasks and Activities
1. Participate in and attend pre -application meetings with City staff, the project sVonsor,
consultants, agency representatives and community groups, as necessary.
2. Review and analyze plans and studies submitted to the City for review as part of the pre -
application process.
3. Review all planning studies, documents and ordinances that would be pertinent to the
subject property and the proposed development.
B. Application Filing
Assist Contract Planner in coordinating and reviewing application filing, including organization of
plans and studies, distribution of application materials to City and County departments, agencies,
utilities and community organizations.
C. Participate in Review of Project Applications for Completeness
1. Consistent with City requirements and State Permit Streamlining provisions, assist
Contract Planner in reviewing applications for completeness.
2. Assist Contract Planner in coordinating and monitoring review and comments on plans
and application materials from City and County departments and pertinent agencies and
utilities for application completeness review.
D. Oversee Environmental Review Process
1. Review supportive studies and reports prepared and submitted by project sponsor.
2. Prepare an Initial Study consistent with the City's Environmental Review Guidelines and
provisions of CEQA.
3. Prepare and distribute a Notice of Preparation and Request for Proposal (RFP) to select
EIR consultant.
4. Coordinate and oversee selection of EIR consultant, as required by City.
5. Manage the EIR consultant work and coordinate review of administrative draft and draft
documents by City staff.
6. Oversee the publication and distribution of DEIR and Notice of Completion.
7. Attend public hearings on the DEIR
S. Overseeing the preparation, publication and distribution of Final EIR.
9. Attend public hearings on the FEIR.
10. Prepare appropriate CEQA findings for certification of FEIR document.
11. Prepare and/or assist in preparation of Mitigation Monitoring and Reporting Program.
E_ Participate in Review of Project Merits
I. Assist Contract Planner in reviewing project for consistency with San Rafael General
Plan 2000 and the published recommendations of the St. Vincent's/Silveira Task Force.
2. Assist Contract Planner in reviewing project for consistency with compliance with
provisions of the San Rafael Municipal Code.
3. Assist Project Planner in ensuring the FEIR mitigation measures are incorporated into
draft project conditions/requirements.
4. Review staff reports and ordinances/resolutions with appropriate findings and conditions.
Exhibit 'A'- List of Duties Required of Environmental Coordinator
Page 2
F. Meeting Attendance
1. Attend City staff and Development Coordinating Committee Meetings, when needed.
2. Attend Design Review Board, Planning Commission and City Council meetings, when
needed.
3. Attend neighborhood and community meetings that are scheduled for assigned project.
4. Coordinate and attend meetings with project sponsor and representatives.
G. Administrative Tasks
1. Preparation of time sheets. _
2. Preparation and submittal of monthly billing statements with time sheets.
3. Maintenance of City files on project in good order.
4. File closure, including preparation of final conditions of approval and filing Notice of
Determination.
envcoord.doc
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San Antonio TX 78265-3015
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INSURED
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7 Vila &ViAsta�socCoiaurtes-
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Novato CA - 94947
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INSURERS AFFORDING COVERAGE
INSURERA: Hartford Casualty Ins Co
INSURERS:
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COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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.
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Certificate holder is named additional insured as their interest may appear.
*Except for 10 days non-payment. For inquiries call 1-888-474-5987.
CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SANRAFA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN
Attn : Robert M Brown NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Community Dev. . Director IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
PO Box 151560
San Rafael CA 94915-1560 REPRESENTATIVES..
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