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Home My WebLink AboutPW Corporate Center Planning ServicesAgenda Item No: 3. c Me'et Meeting Date: January 21, 2014 SUBJECT: Resolutions authorizing the City Manager to execute two separate Professional Services Agreements (PSA) for a potential development project at the San Rafael Corporate Center: 1) PSA with Kimley-Horn and Associates, Inc. for environmental review services and preparation of an Initial Study consistent with the CEQA Guidelines; and 2) PSA with LAK Associates, LLC. for contract planning services to serve as project planner. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolutions. BACKGROUND: In 1998 the City of San Rafael approved PD (Planned Development) District zoning, an Environmental and Design Review Permit, a Conditional Use Permit and a Development Agreement for the San Rafael Corporate Center Project (formerly Fair, Isaac). These approvals were subject to environmental review, pursuant to the California Environmental Quality Act (CEQA). With the assistance of RBF Consulting, an Environmental Impact Report (EIR) was prepared for the project, and was certified by the City Council in January 1998. Since the approval of the center in 1998, the center has developed in accordance with the approved Master Plan. To date, four of the five approved buildings have been built and are nearly all occupied. One of the two approved parking structures has been built (at corner of 2nd St/ Lindaro Ave). Based on the original approval for this site, there are two structures that remain entitled, but yet unbuilt: a four-story office building (at the corner of 2nd St/Lincoln Ave); and a multi -story parking structure on the east side of Lincoln Ave, across from the center. In recent months, the property owner (Seagate Properties) of the center along with one of the major tenants within the center, BioMarin Pharmaceutical, Inc. (BioMarin), have been exploring potential changes to the center to add additional research and development space for BioMarin. BioMarin is considering the filing of an application to amend the PD District, along with associated planning entitlements. The project will require the preparation of an initial Study and may result in the preparation of a subsequent EIR, a supplement to the previously certified EIR or a Mitigated Negative Declaration, based on the potential impacts and findings of the Initial Study. Given the environmental complexities of the site, the City will need an environmental planning firm, to provide the guidance to the City on the CEQA process and provide CEQA analysis through the preparation of an Initial Study. To that end, the principal environmental planner who worked on the *riginal EIR for RBF Consulting has submitted a proposal for CEQA services on behalf of her new firm, FOR CITY CLERK ONLY V V VL Council Meeting: - I )Lt1,,2_C1i-f tj Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2 .0 lot • lw 0 10 W ILL, 1! 1 v w lw w w w w 10 w 10 w .0 .0 lw w .W 14wr 4w w w w w 0 4v 0 0 0 0 • 0 00 a 0 so 0 4v w w 0 so 0 0 0 A 0 0 0 0 0 0 0 0 0 w 0 Wv 9 0 40 4W 0 w a 0 w 0 0, 0 lw 0 0w w 0 0 0 0 0 it' 0 0 0 0 i# 0 0 0 w w 4wr .40 AWV 0 0 0 0 0 do w 0 0 0 0 0 w 0 !w 0 is 0 0 0 w 0 0 0 —0 0 0 0 wit 0 lw 0 0 so 0 0 0 0 0- 0't i w w w lw SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa e: 3 OPTIONS: The following options may be considered by the City Council on this matter: 1 Accept the proposals for services and authorize the City Manager to execute two separate Professional Services Agreements with Kimley-Horn and LAK Associates. 2. Revise the proposal based on City Council discussion. 3. Continue and request additional information. ACTION REQUIRED: It is recommended that the City Council adopt the Resolutions. ATTACHMENTS: 1. Letter from Seagate Properties and BioMarin, agreeing to City hiring contract services for processing of development application at San Rafael Corporate Center 2. Draft City Council Resolution for Kimley-Horn and Associates, Inc (includes Professional Services Agreement and Scope of Work) 3. Draft City Council Resolution for LAK Associates, LLC (includes Professional Services Agreement and Scope of Work) 4. Reimbursement Agreement RESOLUTION NO, 13668 RESOLUTION / RAFAEL CITY COUNCIL AUTHORIZING MANAGER ♦ 1 AGREEMENT ♦ ASSOCIATES, ♦ AS PROJECT PLANNER LAND USE ENTITLEMENT AMENDMENTS PROPOSED AT THE SAN RAFAEL CORPORATE CENTER PROJECT (Tenn of Agreement: from January 21, 2014 to July 21, 2015, for an amount not to Exceed $40,000) WHEREAS, in 1998 the City of San Rafael approved PD (Planned Development) District zoning, an Environmental and Design Review Permit, a Conditional Z...Tse Permit and a Development Agreement for the San Rafael Corporate Center Project (formerly Fair, Isaac). The approvals authorized redevelopment of a 15.54 -acre site located south of Second Street with a 406,000 square - foot office park; and WHEREAS, the planning approvals granted for the San Rafael Corporate Center were subject to environmental review. An Environmental Impact Report (EIR) was prepared for this project and was certified by the City Council in January 1998; and WHEREAS, the owner of the San Rafael Corporate Center project site, Seagate Properties, and a major tenant at the center, BioMarin, are considering changes to the office park, including the consideration of modifications and City approvals for a revised development involving the addition of building area for research and development use; and WHEREAS, the applicant desires certain timelines and focus to their proj ect that city staff is not able to meet given the current workload and staffing levels. The applicant has requested that the City hire a contract planner to serve as project planner. The owner and applicant have agreed to pay all costs associated with the hiring of an outside planner, and agree that the planner will be hired by the City and work under the direction and on behalf of City, and WHEREAS, 1 Associates, M r I prepared I proposal ` services a a • , contact project , a +• ,nd ` estimated complete r development r rr ar process billingat an hourly rate of $132/hour, which is provided as Exhibit "A"'; and WHEREAS, proposal for services s not -to -exceed rr +firr $40,000, includes project planner r estimated M ri a • a review a r project accordance a procedures; r ! WHEREAS, developer i a completion s planner through development standard if tion fees for any required �/ entitlements staff ♦ associated r .w contract management iproject a NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of ! I fa does authorize Manager to execute, on behalf # Rafael, If r a u. for Professional Services Associates, BE IT FURTHER RESOLVED, the Agreement is subject to approval as to form by the City Attorney. 1, ESTHER C. BEIRNE, 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 21 st day of January, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillip.!, ESTHER C. BEIRNE, City Clerk Exhibit A: Professional Services Agreement between City of San Rafael and LAK Associates, with Attached LAK Associates Planning Services — San Rafael Corporate Center, November 17, 2013 W�� MIJU-10b D-1 1XIS1 0 1 Mel W-74ASWEWIDI MASI a] WW1J WN"JIM201 Iwo 310 1 plokawmliql UUM t i This Agreement is made and entered into this 21 aay of January 2014, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LAK ASSOCIATES, LLC (hereinafter "CONTRACTOR"). WHEREAS, the property owner and a major tenant at the San Rafael Corporate Center have expressed interest in pursuing changes to the adopted master plan for the San Rafael Corporate Center; and WHEREAS, amendment to the Master Plan for the San Rafael Corporate Center would require planning entitlements including, but not limited to a Design Review Permit, Use Permit, Planned Development Rezoning and Sign Program amendment, and WHEREAS, given the current workload of City staff, the CITY has determined that professional planning services are needed to supplement the existing staffing through assignment of this project to an experienced planning consultant with the capacity and expertise to process a project of this nature. "EREAS, CONTRACTOR has submitted its proposal for the performance of services, which is attached hereto and incorporated by reference herein; and VYWEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. UMBIDIUVINM ��,T= trom I . PROJECT COORDINAT A. CITY. The City Manager shall • the `• of the CITY for all purposes under this Agreement. The Planning Manager 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. Sean Kenm*ngs of LAK Associates, 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, including review of plans and application materials, correspondence with applicant and public and City staff, coordination and management of City's review of project, preparation of staff reports, analysis of project for consistency with adopted Plans and Ordinances. ? i nese services shall be performed under the supervision of the Planning Manager, in conjunction with the CITY's procedures for processing development entitlements and shall include the tasks described in Attachment "A'% 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 project plans and materials, historical files on this development, local plans, ordinances and reports that are pertinent to the project that has been assigned to the CONTRACTOR. The CITY shall provide CONTRACTOR with supervision and direction on processing the development application in accordance with local procedures. 4. COMPENSATION, For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $132.00 per hour. The billing amounts authorized under this agreement shall not exceed $40,000.00. Upon mutual agreement of the parties, and subject to the written approval of the City Manager, the total billing may be increased by an additional $ 10,000, to a total of $50,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The ten -n of this Agreement shall be for 18 months commencing on January 21, 2014 and ending on July 2L, 2015. Upon mutual agreement of the parties, and subject to the written approval of the City Manager, the term of this Agreement may be extended for an additional period of 12 I onths. 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. * , I B. Cause. Eitner 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 f 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. 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. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITYthe following insurance policies: A commercial general liability insurance -policy in the minimum amount of *ne million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for teath, 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. Except for professional liability insurance, the insurance policies shall be specifically 1 peci ically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insuranciv policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "pfimary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 4. 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 ten (10) days written notice to CITY's PROJECT MANAGER. 5. 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. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 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. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. D. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. F. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. 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. G. CONTRACTOR shall provide to the PROJECT MANAGER or City Attorney: (1) Certificates of Insurance evidencing the insurance coverages required in this Agreement; (2) a copy of the policy declaration page or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy lang!!a-ge or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the vi right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8. CONTRACTOR shall, to the fullest extent permitted by law, 0 indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATIOA,.. I 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. 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: Raffi Boloyan, Planning Manager City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 To CONTRACTOR: Sean Kennings LAK Associates 3030 Bridgeway, Suite 103 Sausalito, CA 94965 •. 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. T. 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. iSET-OFF AGAINST DEBTS. CONTRACTOR agrees f M deduct # payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, • contract or # # for any unpaid taxes, unpaid checks or amounts. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or .r law or #shallnotbe deemed tobe . waiver 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 ATTORNEYS FEES. The prevailing party in any action brought to enforce the ten -ns 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 TAXEJ 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 68-0485617, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. al 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. XP."V NANCY MACKLE, City Manager ESTHER C. BEI E, City Clerk XMWA ROBERT F. EPSTEIN, Cuty Att, WB�� X1101 P4 - 1L By: Name: �i ��'ti �1L1 nS I W � Title: 11�Allt-11Q C7n- � t - Attachment A: LAK Associates Planning Services — San Rafael Corporate Center, November 17, 2013 LAK ASSOCIATES, Lf.0 30i�Bridg - '. t ,eway, 1, -wile 1071 Sausalito, CA 9496-5) tv L (41 5T) 31-1 - 4551 f ixv (41 E51) NVI -4,357/1 Raffi Boloyan Planning Manager City of San Rafael Community Development Department 1400Stn Avenue, San Rafael, CA 94915 RE: LAK Associates Contract Planning Services — San Rafael Corporate Center Raffi -- 1 I am writing to notify you of my availability to assist the City of San Rafael with planning services related to the processing of a Planned Development (PD) Amendment and associated approvals for a project at the San Rafael Corporate Center, San Rafael, CA. LAK Associates can provide contract planning services to process a new project at the San Rafael Corporate Center that will require an amendment to an existing PD, approvals from the Design Review Board and Planning Commission, and environmental review pursuant to the California Environmental Quality Act (CEQA). We will provide planning services necessary to process the applicant's permit materials including, preparation of staff reports, coordination with the CEQA consultant, and attendance at meetings with the applicant,. City staff and other consultants needed to further the applicant's objectives. LAK Associates will also represent the City at any and all public hearings required for final approvals. LAK Associates has the sufficient staff resources and capability required to perform the work requested for this project and can provide these services based on a time and materials scope of services agreement for a billing rate of $132 per hour. This fee schedule is consistent to the San Rafael Planning Department billing rates for such projects. We understand that the project may begin in December 2013 and continue through the spring of 2014. Thank you for your consideration, we look forward to working with you. Sean Kennings planning consultant LAK Associates. LLC LAK ASSOCIATES, LLC 3M BrW"ay, Suite 103, Sau to, CA 94%5 teL (415) 331 - 4551 fax: (415) 3M4573 itiftY sscvia�com Raffi Boloyan Planning Manager City of San Rafael Community Development Department 14005 th Avenue,. • 11W MW RE: LAK Associates Contract Planning Services — San Rafael Corporate Center Raffi — I am writing to notify you of my availability to assist the City of San Rafael with planning services related to the processing of a Planned Development (PD) Amendment and associated approvals for a project at the San Rafael Corporate Center,, San Rafael, CA. LAK Associates can provide contract planning services to process a new project at the San Rafael Corporate Center that will require an amendment to an existing PD, approvals from the Design Review Board and Planning Commission, and environmental review pursuant to the California Environmental Quality Act (CEQA). We will provide planning services necessary to process the applicanVs permit materials including, preparation of staff reports, coordination with the CEQA consultant, and attendance at meetings with the applicant, City staff and other consultants needed to further the applicant's objectives. LAK Associates will also represent the City at any and all public hearings required for final approvals. LAK Associates has the sufficient staff resources and capability required to perform the work requested for this project and can provide these services based on a time and materials scope of services agreement for a •billing rate of $132 per hour. This fee schedule is consistent to the San Rafael Planning Department billing rates for such projects. We understand that the project may begin in December 2013 and continue through the spring of 2014. Thank you for your consideration, we look forward to working with you. • Sean Kennings planning consultant Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aueements/co n tracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date I City Attorney Review, revise and comment on draft A L/ A14 x agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for \0 Council approval, if Council approval necessary (as defined by City Attorney/ ity Ordinance*). 4 City Attorney Review and approve form of agreement;" bonds, and insurance certifi ates and endorsements. t)r % 5 City Manager Mayor or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: e""vl Pit /I v% A i I ef Project Manager. (ot- Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-30801 * Council approval is required if contract is over $20,000 on a cumulative basis. DATE(MWDI� f� ORD,. cERTIFICATE LIABILITY INSURANCE 21-3/2014 �PR66UCERlip 0i i OLLIS CARVER INSURANCE AGENCY i • • • ! Vallejo, CA 94591 x2-5139 II`OI 1 • x INSURERS • AFFORDING COVERAGE , + HARTFORD INSURER i 701 • iCo. • INSURER i i � ! i a - 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 Y 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, IR-3RPOLICY LTR NERC} ' NUMBER POLICY DATE MMIDDNY POLICY A EYMM /DD�� N LIMITS I GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,090,000 DAM I- TO RENTED PREMISES Ea occur $ 300-1000 MED EXP (Any one person) $ a• 0 000 1 CLAIMS MADE [:X:1 OCCUR PERSONAL&ADVINJURY$ 2 1 0, 0,0-j. OOQ A?"$►�!►G9836 SC 07/28/2013 47/28/2014 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 4 O 0 0 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY P &6 Ll LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT Ea accident) $21000,000 BODILY INJURY (Per Person) } ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ {Per A'�. X HIRED AUTOS X NON-OWNEDAUTOS '� 0 SG98 3 �? S 47/28/2413 07/28/2414 PROPERTY DAMAGE $ (Per accident ) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO AUTO? ONLY; AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE E $ I ` $ r DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WCST U- 07TH - TORY LIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPMETORMARTN CUTIVE OFFiCEP MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ yes, describe urKler y SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER B PROFESSION G-838125 07/28/13 07/28/14 $1,000,000 OCC/AGG. LI ILITY-E & 0 C7ESCRIPTION OF OPERATIONS t LOCATIONS /VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT t SPECIAL PROVISIONS MANAGEMEM, BUSINESS AND TECHNICAL PROFESSIONAL LIABILITY CONSULTANT CERTIFICATE HOLDER NAMED BELOW IS NAMED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY HOLDERCERTIFICATE CANCELLATION 1 -CITY OF SAN x SAN Rx a s 94915-151560 i9 6 ATTN.' COMMUNITY DEVELOPMENT xf PLANNING ZHNgdifl� W. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION +TE THEREOF, INSURER i ENDEAVOR TO MAIL30* s CERTIFICATENOTICE TO THE HOLDER NAMED BUT FAILURE IMPOSE OR LIABILITY aNY KIND • INSURER, i OR l� • i i e .xfA4lYlir INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE, OREESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM No. 3. c FROM: Raffi Boloyan, Planning Mananger DEPARTMENT: Community Development DATE: January 10, 2014 TITLE OF DOCUMENT: 1. Resolution of The San Rafael City Council Authorizing The City Manager to Execute an Agreement for Professional Services with LAK Associates, LLC to Serve as Project Planner for Land Use Entitlement Amendments Proposed at The San Rafael Corporate Center Project (Term Of Agreement: From January 21, 2014 To July 21, 2015, For An Amount Not To Exceed $40,000) 2. Resolution of the City Council of the City of San Rafael authorizing the City Manager to execute an Agreement for Professional Planning Services with Lisa Newman (d.b.a Newman Planning Associates) for assistance needed to prepare an Initial Study and Environmental Impact Report (EIR) for the redevelopment of four parcels located at 809 B St and 1212 and 1214 Second St, a nd 3. Reimbursement Agreement Department Hd (signature) 1011011 N N 11 ONOM 4 - Of a'4, lu� BOARD OF DIRECTORS William Carney, President Bob Spofford, Vice President Jerry Belletto, Secretary Tamara Hull, Treasurer Greg Brockbank Bob Brown Jim Geraghty Katherine Jain Kay Karchevski Kiki La Porta Lisa Max Gail Napell Sue Spofford 166 Greenwood Avenue San Rafael, CA 94901 415.457.7656 January 20, 2014 San Rafael City Council City Hall 1400 5th Avenue San Rafael, CA 94901 Honorable Mayor and Council Members, I would like to request that item 3.c relating to Corporate Center EIR work be removed from the consent agenda for tonight's Council meeting to allow for fuller discussion. According to the staff report and attached consultant letter proposal, Biomarin is considering building an additional 85,000 sq. ft. 'lab' building on the west parking lot of the Corporate Center campus, in addition to the already -approved offices and parking garage to be built on Second Street. This is great news in terms of the employment and vitality that the project could bring to Downtown and the Station Area, and its endorsement of Downtown San Rafael as a great place to do business. Since this new building clearly requires City approval, which is at the complete discretion of the City, it may also offer the opportunity to negotiate public use (and potential enlargement) of the new garage to relieve some of the parking burden that is encumbering proper development of smaller downtown parcels, as described in the Station Area Plan. Sustainable San Rafael urges the City to adopt a proactive and entrepreneurial spirit in pursuing a public/private partnership to realize and catalyze the full potential of this gateway area to downtown San Rafael. We applaud that the EIR work includes an updated parking -demand study anticipating the positive impact of SMART on commuter driving. While the additional lab space will certainly require parking, it may be that greater availability of and incentives for transit use can reduce the overall parking needs of the campus. We also welcome the data that the EIR work can provide to help mitigate Sea Level Rise, freeway air quality impacts, energy and water demands, and other sustainability concerns, all of which need to be factored into optimizing the future of our downtown, and the Station Area in particular. William Carney, President