HomeMy WebLinkAboutCD Fair, Isaac Permit Applications EIR Report 1996CITY _ �._ i
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SAN RAFAEL
P.O. BOX 151560, SAN RAFAEL, CALIFORNIA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184
FILE NO.:
AGENDA ITEM NO.: 5
MEETING DATE: August 19, 1996
REPORT TO MAYOR AND CITY COUNCIL
SUBJECT: Resolution Authorizing Execution of Professional Services Contract with Paul Jensen as Project
?P/la,
c Permit Applications and EIR
SUBMITTED BY:" �� APPROVED BY: &��ning Director City Manager
DATE: August 12, 1996
RECOMMENDATION: Adopt Resolution Execution of Professional Services Contract
SUMMARY: The Planning Department recommends that Paul Jensen be retained to assist with
processing the Environmental Impact Report and the permit applications for the Fair, Isaac property.
The department is requesting consultant services because the Fair Isaac project will be a major work
load increase requiring a planner full time for extended periods, exceeding the staff hours available in
the Department. As a former member of the Planning Department staff, Mr. Jensen is able to start work
with a minimum orientation, and can perform the assignment with only the most general supervision.
This recommendation has been discussed with Fair, Isaac, and they concur with the recommendation.
The applicant will be billed for this service on an hourly basis.
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Council Meeting .
Disposition ...d=
2 - 36V
RESOLUTION NO. 9664
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES
CONTRACT WITH PAUL JENSEN.
(from August 20, 1996 and ending on August 20, 1997)
WHEREAS, the Planning Department requires professional services to assist with the processing of the
Environmental Impact Report, entitlement applications and other planning work in
connection with the proposal by Fair, Isaacs to develop an office campus in the vicinity of
Second and Lindaro Streets; .
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to
execute the attached contract for professional services.
I, JEANNE M. LEONC NI, 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
held on Monday, the nineteenth day of August, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JeM. Leoncini, City Clerk
COPY qev+
AGREEMENT
FOR PROFESSIONAL PLANNING SERVICES
IN CONNECTION WITH ENTITLEMENT APPLICATIONS BY
FAIR, ISAAC, INC. TO DEVELOP AN OFFICE CAMPUS
This Agreement is made and entered into this 19th day of AUGUST, 1996, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PAUL JENSEN (hereinafter
"CONTRACTOR).
RECITALS
WHEREAS, the PLANNING DEPARTMENT requires professional services to assist in
the review of an Environmental Impact Report and entitlement applications by Fair, Isaac, Inc. for an
office campus on property in the vicinity of Second and Lindaro Streets
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 Planning Director 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 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 services as follows:
the CONTRACTOR agrees to provide professional planning services under the supervision of the
Planning Director in connection with entitlement applications by Fair, Isaac, including selection of
CEQA consultants, supervision of preparation of an EIR, review of entitlement applications, and related
activities.
3. DUTIES OF THE CITY.
CITY shall perform the duties as follows:
0 Provide workspace, including telephone and computer facilities;
• Clerical support.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR as follows: $65.00 per hour.
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 one (1) year commencing on August 20,
1996 and ending on August 20, 1997. Upon mutual agreement of the parties, and subject to the approval
of the City Manager, the term of this Agreement shall be extended for an additional period of one (1)
year.
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 notice, to the reasonable satisfaction of the party
giving such notice, within thirty (30) days of the receipt of said notice.
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.
Agreement • 2
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. ASSIGNABILTY.
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;
Agreement • 3
2. Except for professional liability insurance, the insurance policies
shall be endorsed for contractural liability and personal injury;
3. Except for professional liability insurance, the insurance policies
shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally
named insureds under the policies;
4. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents and employees, as additional 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 PROJECT 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 PROJECT 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, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any
kind, including attorney's fees, 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.
Agreement • 4
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, ordinance, 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: Mr. Robert Pendoley
(Project Manager)
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Mr. Paul A. Jensen
(Project Director)
55 Mitchell Blvd., #16
San Rafael CA 94903
Agreement • 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 CONTRACT 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.
Agreement • 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 WHEREOF, the parties have executed this Agreement as of the day,
month and year first above written.
CITY OF SAN RAFAEL
City Manager
Planning Director
ATTEST:
CityClerk
APPR D, FORM:
City Attorney
CONTRACTOR
By: Paul Jensen
Title: Consultant
Agreement • 7
INSURED
PAUL A. JENSEN, AICP
55 MITCHELL BLVD., SUITE 16
SAN RAFAEL, CA 94903
r
DAlE (MMIODmrI.
C `
08/26/96
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE L
COMPANY
A HARTFORD
COMPANY
B
COMPANY
C
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THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDIYY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMBS
GENERAL LIABILITY
GENERAL AGGREGATE
s2,000,000
AOM
MERCIAL GENERAL LIABILITY
5 7 S BAEL 5 9 0 8
03/24/96
03/24/97
PRODUCTS - COMP/OP AGG
s
CLAIMS MADE r -v7] OCCUR
I PERSONAL & ADV INJURY
51, 000, 000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE
$1, 000, 000
FIRE DAMAGE (Any one fire)
000,000
MED EXP (Any One person)
$10, 000
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMB
$
1 , 000,000
ALL OWNED AUTOS
BODILY INJURY
S
SCHEDULED AUTOS
(Per person)
Al
HIRED AUTOS
57SBML5908
03/24/96
03/24/97
A
17 NON -OWNED AUTOS
5 7 S BAEL 5 9 0 8
03/24/96
03/24/97
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
GARAGE LIABWTY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT `
$
AGGREGATE IS
EXCESS LIABILITY
EACH OCCURRENCE I
$
UPABRELLA FORM
AGGREGATE
S
OTHER THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
TORY LIMIT$ ! ER
EMPLOYERS LIABILITY
EL EACH ACCIDENT
$
THE PROPRIETOR F7 INCL
I
! EL DISEASE -POLICY LIMB
$
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
EL DISEASE - EA EMPLOYEE
S
OTHER I
DESCRIPTION OF OPERATION 51LOCATIONSNBiE FSVErGL REMS
THE CITY OF SAN RAFAEL, ITS OFFICERS, AGENTS & EMPLOYEES ARE NAMED AS
ADDITIONAL INSUREDS.
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CITY OF SAN RAFAEL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELIfD BEFORE THE
P.O. BOX 151560 EXPIRATION DATE THS, THE ISSUING COMPANY WILL ENDEAVOR To MAR.
SAN RAFAEL, CA 94915-1560 10 oars PTO',FICATE HE CERTt HOLDER NAMED TO i}iE LEFT,
ATTN: JTEANNA LEONCINI BUT FAILURE MAIL SPOSE NO OBLIGATION OR LIABILITY
CITY CLERK OF ANY KIND PON AGENTS OR REPRESENTATIVE&
AU9tTiOR17.ED REPRES IVt
ROUTING SLIP FOR APPROVAL OF
CONTRACT/AGREEMENTS/ORDINANCES/RESOLUTIONS
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL
CONTRACT/AGREEMENT/ORDINANCE/RESOLUTION BEFORE c l;
APPROVAL BY COUNCIL/AGENCY
SRRA/RCC GENDA ITEM NO.
FROM: Robert J. Pendoley
Date: 8/13/96
Originating Department: Planning
TITLE OF DOCUMENT:
Resolution Authorizing Execution of Professional Services Contract with Paul Jensen as Project
Planner for the Fair, Isaac Permit Applications and EIR
Depa en Head (Signature}
(LOWER HALF OF FORM FOR APPROVALS ONLY)
REVIEWED BY CITY MANAGER/EXECUTIVE TO:
DIRECTO APPROVED AS TO FORM: , 7
APPROVED AS COUNCIL/AGENCY AGENDA ITEM
City Atton
NOT APPROVED
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