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HomeMy WebLinkAboutCD 809 B and 1212 and 1214 Second St. Planning Servicesn1T,,a�� 3 . c Agenda Item No: Meeting Date: Novemher 19, 2012 SAN RAFAET , CITY COUNCIL AGENDA REPnRT Department: Cammunity Development Prepared hy; _=-E _.j ;«%,,-1 City Manager Apprnvallll%}Qt-h. Paul Jensen, ComlpunitY Development Director RB) SUBJECT: Resolution authorizing the City Manager to execute an Agreement for Professional Planning Services with Lisa Newman, doing business as (dba) 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 Street, at a maximum contract amount of $69,600 and for a term of one year, ending November 19, 2013. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution. BACKGROUND: On January 2, 2009, the City Council adopted Resolution No 12641, 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 Environmental Impact Report. This agreement was for a similar project proposed at this same site (809 B St (corner of B and 2nd Streets) that would have necessitated the preparation of an EIR. Although the resolution was adopted, the agreement was never executed given that the applicant decided to withdraw the application. On August 31, 2012, the applicant submitted a new application for redevelopment of the site. The project proposes the demolition of three structures (809 B St, 1212 and 1214 Second St) and construction of a new 4 story, mixed-use building, with 41 residential units (which includes a 35% density bonus) on the approximately 0.57 -acre site. Based on a previous historical analysis that was prepared for the property, one of the buildings proposed for demolition is identified as a historic resource under CEOA and one of the other buildings was identified as needing additional study to determine ifs historic significance. Therefore, given that the site hosts a historic resource that is proposed to be demolished, an EIR is required. Based on this information, it has been determined that the project will necessitate the preparation of an EIR. ANALYSIS: From time to time, the City enlists the aid of contract planners to supplement the existing in- house staff. Typically, consultants are placed under contract to process specific planning applications and/or to work on special projects when the workload of the Current Planning Division demands additional support. Additionally, contract planners are brought on to process and handle complex and time consuming matters such as preparation of EIR's. Given the limited staffing levels, coupled with the highly technical nature of the CEnA process and necessary historical analysis, it is not possible for staff to prepare an EIR in a thorough and timely manner. The proposed Agreement for Professional Planning Services will permit Ms. Newman to complete the required Initial Study and EIR for the project at 809 B St/ 1212 &1214 Second St in a shorter time frame than would likely occur using another consultant unfamiliar with the project. Ms. Newman's services have been enlisted on several occasions to assist the FOR CITY CLERK ONLY File No.: 14 — 3 - S40 Council Meeting: I it I g Ila Disposition: (ad Y-35. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pame: 2 Current Planning Division on similar types of projects and EIR's. In addition, this proposed project has been in the works in various phases for the past 10 years, and Ms. Newman has previously been under contract to prepare an EIR. However, as noted above, that contract was not executed since the project was withdrawn before the contract was executed. Regardless, Ms Newman retains significant history and familiarity with this project and will be able to process this EIR in an efficient and thorough manner in accordance with the requirements of CEQA. This history justifies the sole -source bid process that was used in this case rather than the competitive bid process. We continue to be pleased with the quality of the service she provides to the City. Staff finds that the budget amount is reasonable to cover the cost required to complete the required services. Staff notes that the scope of work that has been provided by Ms. Newman identifies an estimated cost of $56,680, which includes the anticipated time and costs for her services as well as a sub -consultant, Painter Preservation and Planning, that will perform the historical evaluation and analysis. In addition, at the direction of staff, Ms Newman has included a 25% contingency budget ($13,920) to cover any potential changes to the scope of work that may occur as the review and public process progresses or additional work is identified during the course of the project application processing. A variety of causes might result in the need for such additional work, including identification of additional environmental impacts besides those anticipated in the proposal, a greater number of public comments that require responses in the Final EIR, or need for additional public hearings. The use of the contingency will require approval of the City Manager and the applicant. FISCAL IMPACT: Execution of this Agreement for Professional Planning Services would not result in a fiscal impact to the City given that project applicants agree to pay all costs associated with the review and processing of the EIR. The initial contract amount of $55,680 will be required to be deposited with the City and the City would then use this deposit to pay for the work performed by the consultant. The consultant will work for the City and will be under the direction of the City, not the applicant. As discussed above, the scope of work includes the contingency budget of an addition $13,920 in case additional scope of work is necessary during the processing of the EIR. In addition to the contract amount, the City's master fee schedule requires a 25% administrative fee (to be charged on the entire contract amount) to cover staff time associated with the management of the contract, review of the work product and assistance that will be provided to the consultant. This administrative fee ($13,920) is separate from the contract amount and the contingency amount listed above and will be directed to the City's General Fund. In this instance the project developers will reimburse all costs for Ms. Newman's services as identified in the contract as well as pay the 25% administrative fee. Lastly, the planning applications will be processed by City staff. As identified in the City's Master Fee schedule, the developer is responsible for 100% of the staff time and costs associated with the processing of the planning applications. The developer has already submitted the required deposits to start the application processing and will be billed if the deposit is depleted. The fees collected as part of the application processing are deposited in the City's General Fund and are separate from the work identified in the contact which is solely related to the preparation of the EIR. OPTIONS: The following options may be considered by the City Council Authorize the City Manager to execute an Agreement for Professional Planning Services with Lisa Newman d.b.a. Newman Planning Associates; or 2. Delay the execution of the Agreement for Professional Services, and provide direction to staff. ACTION REQUIRED: It is recommended that the City Council adopt the attached resolution. SAN RAFAKCK^ CITY COUNCIL AGENDA REPORT /]Pmste: 3 ATTACHMENTS: Page No, |. City Council Resolution 5 Agreement for Professional Planning Services 7 Planning Consultant Services Proposal for Redevelopment ofSecond 15 &BSt, dated October 1S.2O12from Lisa Newman 2. Reimbursement Agreement between City ofSan Rafael and Developer 24 RESOLUTION NO. 13435 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 STREET (Terms of Agreement: through November 19, 2013, with a total amended budget amount not to exceed $69,600.00. All costs to be reimbursed to the City through cost recovery from project developer) WHEREAS, on August 31, 2012, the City of San Rafael received planning applications (Environmental and Design Review Permit, Use Permit, Tentative Map and Sign Review) for redevelopment of four contiguous properties at the corner of 809 B St and 1212/1214 Second Streets with a new mixed use building containing 41 residential units and ground floor retail; and WHEREAS, based on previous studies of the existing structures, one or more of the structures are identified as "historic resources" under the California Environmental Quality Act (CEQA) and the proposed demolition of the structures is considered a "significant impact" by CEQA and thus requires the preparation of an Environmental Impact Report (EIR); and WHEREAS, the City of San Rafael has determined that professional planning services are needed to assist the Community Development Department in the preparation of the EIR and related CEQA review; and WHEREAS, at the City's request, Lisa Newman, doing business as Newman Planning Associates (Consultant) has submitted a scope of work and proposal for providing environmental planning assistance to the City, including a list of anticipated activities/tasks and the hourly rate for performance of these services, and said proposal is attached to the Agreement for Professional Services; and WHEREAS, all costs associated with the Consultant's planning services for the preparation of the EIR will be reimbursed to the City through cost recovery from project applicants; and WHEREAS, the developer and applicant, Jonathan Parker, on behalf of the property owners, Thomas Monahan. Jonathan Parker, Harold Parker Properties LP, and Jonathan Parker, Tom :Monahan, has signed a Reimbursement Agreement to confirm the procedures and funding mechanism for the developer's payment of all environmental planning and consulting costs that trill be incurred in connection vA,ith the proposed project; and WHEREAS, the Consultant will work on behalf of and at the direction of the City to prepare all necessary documents and studies in accordance with the California Environmental Quality Act, including the preparation of the Initial Study, Draft EIR and Final EIR. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Planning Services with Lisa Newman (d.b.a. Newman Planning Associates), in the form attached hereto as Attachment 1 and incorporated herein by reference. I, ESTHER 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 Monday, the 19`h day of November 2012 by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None �C ES ERC. BEIRNF„ City clerk V Attachment 1 Professional Services Agreement with Lisa Newman d.b.a. Newman Planning Associates, with attached Planning Consultant Services Proposal AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 19'h day of November, 2012, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LISA NEWMAN (d.b.a. Newman Planning Associates) (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional planning services are needed to assist in the preparation of the Initial Study and Environmental Impact Report for the redevelopment of the 0.57 acre site at 809 B St, 1212 and 1214 Second St, including the demolition of three structures and construction of a new 4 story, mixed-use building, with 41 residential units,, which includes a 35% density bonus; and WHEREAS, due to the workload of existing staff within the Planning Division of the Community Development Department and the highly technical nature of the EIR, the services of the CONTRACTOR have been sought to serve as environmental planner for the preparation of the Initial Study and Environmental Impact Report (EIR) in accordance with the requirements of the California Environmental Quality Act (CEQA) for the project at 809 B St/1212 & 1214 Second St; and WHEREAS, CONTRACTOR has submitted a Planning Consultant Services Proposal far Redevelopment of Second & B St, dated October 19, 2012, to the City of San Rafael to prepare an Initial Study and EIR for the project as required by CEQA (attached hereto as Exhibit A, and incorporated herein by reference); and WHEREAS, CITY desires to retain CONTRACTOR to perform professional services required by CEQA-, and WHEREAS, CONTRACTOR represents that she is qualified to perform such services and is willing to perform such professional services as hereinafter defined, AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative 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 hay c overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Lisa Newman of Newman Planning 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'S PROJECT DIRECTOR shall perform the duties and/or provide professional services related to preparation of all studies and documents related to the preparation of an EIR pursuant to the requirements of CEQA and the City of San Rafael Environmental Procedures manual. These services shall be performed under the supervision of the PROJECT MANAGER. Duties shall include the tasks described in the Planning Consultant Services Proposal, for Redevelopment of Second & B St, dated October 19, 2012, attached hereto as Exhibit A, and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in the Planning Consultant Services Proposal for Redevelopment of Second & B St, attached as Exhibit A. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR $55,680.00 as described in Planning Consultant Services Proposal for Redevelopment of Second & B, attached as Exhibit A. "The proposal includes an addition 25% contingency in the amount of $13,920.00 (for a total budget of $69,600.00) to cover any changes to the scope of work that may occur as the review and public process commences. This contingency may be necessary in the event that additional work is identified during the course of the project application processing. A variety of causes might result in the need for such additional work, including identification of additional environmental impacts besides those anticipated in the proposal, a greater number of public comments that require responses in the Final EIR, or need for additional public hearings. The contingency amount is included in the total budget amount, but will only be used if work outside the scope of work listed in the proposal is incurred. Any work that may result in the use of the contingency budget shall not be performed without prior authorization of the CITY. 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 one year. commencing on November 19. 2012 and ending on November 19, 2013. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for an additional period of 1 year(s). 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 her 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 her 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 her performance of her 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 commercial 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 W.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. 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 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 ten (10) days written notice to City's Risk Manager. 6. If the insurance is NNritten on a Claims Made Form. then, following termination of this Agreement. said insurance coverage shall survive for a period of not less than five vears. 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 she 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. A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, 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. 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, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. 13. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any �Na\ , against any person on the basis of age, sex, race. color, religion, ancestrN. national origin or disability in connection N ith or related to the performance of her duties and obligations under this Agreement. 14. 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 her 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. 15. 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. 16. 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: Raffi Boloyan, Planning Manager Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Lisa Newman Project Director Newman Planning Associates 2201 Mulberry Terrace San Rafael, CA 94903 17. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR. her 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. her officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. 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. 19. 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. 20. 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. 21. 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 attomey's fees expended in connection with such action. 22. 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. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 23. 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 a NANCY MACKLE, City Manager AT'T'EST: ESTfIER C. B'EIRNE, City C erk ` e APPROVED AS TO FORM: ROBERT F. EPSTEIN) City A1I orney ATTACHMENT CONTRACTOR f, Name: Lisa Newman Title: Principal, Newman Planning Associates Planning- Cotnsithant Serrices PrOposal fbr Redei lUlattrent Of Secorul d, B St fi,oi;i Lisa A'eii'tttan of Aeirtttan Plannh gg Associates, datecl October 19, 2012 EVVWAN L/\NN|NG ssoc/xTsJ October 19, 2012 Mr Pau|JeMuen Community Development Director San Rafael Community Development Department 14O0Fifth Avenue San Rafael, CAS4Q15 Subject: Planning Consultant Services Proposal for Redevelopment ofSecond & GBStreet Dear Paul, Thank you for the opportunity to provide an updated proposal for planning consultant services for the Monahan Parker, Inc. redevelopment project at800BGtn*ntand1212/1214 Second Street. This letter outlines my understanding of the project and consultant work necessary to prepare environmental studies required by the California Environmental Quality Act (CEQA). The Scope of Services provided below identifies consultant tasks broken down byphases and provides anestimated budget for each phase. A. Understanding of Project and Needed Services K8yunderstanding ofthe proposed project and service needs isosfollows: 1. The Community Development Department has received revised applications from Monahan Porker. Inc. proposing to demolish two existing Victorian residential structures located at 1212/1214 Second Street and m commercial building at 800 B Street and to construct onew four-atory. mixed-use building. 2. The planning applications that are required by the City include Environmental Flexiew, Design Review Permit, Lot Line Adjustment, and a Use Permit. These applications will require review and approval by the Planning Commission unless appealed for final action by the City Council. City staff will manage the planning process. 3. | will serve as the environmental consultant under your direction for the project. An Initial Study will he required to evn|uatp potentially significant environmental impacts of the proposed project. The proposed project proposes demolition^ of 'the residential structures located at 1212/1214 Second Street, which are listed in the San Rafael Historioa|/4pohiterturo| Survey. Previous historical studies have been only partially conclusive as to the historic status of these properties, To address this imeue, an historical resource evaluation will be required. Painter Preservation & Planning will [/`949O3 oK-C 415�V2�3�� 0�� ' Mr. Paul Jensen October 18.2012 Page conduct this study and has provided a separate proposal that is included as an attachment, 4. | will pn*ppna the Initial Study, which will be circulated for public review and comment. It is anticipated that the Initial Study analysis will result in a requirement to prepare an E|Rfoouoed on historic resource impacts due tothe fact that under CEC)A. demolition of etnuotunmo with historical significance is a significant and unavoidable impact. 5. X will coordinate with staff and the historical consultant during preparation of the |niUm| Study, submit one copy ofanAdministrative Draft Initial Study for City staff review, revise and submit a final public review Draft Initial Study. 6City staff will prepare the public notice' reproduce and distribute the Initial Study for public oon)nneot. City staff will also prepare o notice for the Planning Commission Scoping hearing for the BR, which | will attend. At the direction of City staff, | will revise the Scope ofWork asnecessary, based upon comments adthe Scoping hearing. 7. Consistent with the requirements ofCEQA. | will prepare the Notice of Preparation, Notice of Completion and Notice of Determination, provide copies of each to the City and notices with the appropriate public agencies. & Based upon comments from the Scop/ng hearing and public cnrnnnemt per\od, l will prepare an Administrative []naft E|R|. Draft E|R. Three copies ofthe Administrative Draft E|Fl will be submitted for City staff review. | will revise as appropriate and submit one paper copy and one digital copy of the Draft EIF(, consistent with City requirements. City staff wiU reproduce and publish copies ofthe Draft E|Rfor public review. 9. The Draft E|Fl will include an analysis of three Project o|bs/notives, including the `'No ProjecV alternative, Identification of appropriate alternatives will be made in coordination with City staff, the histofical consultant and the applicant. The analysis of projecta|hyrnahvem will incorporate econornio data regarding financial feasibility that shall be provided by the applicant. Should additional economic analysis be raquipad, as determined in co unct/Vn m/ith(�itysta��the services ofenecononn/cconeukantmnaybenecessary. ' 10. The Draft E/Rwill be circulated through the State Clearinghouse and rmadeavailable to public agencies. utilities and the public for a 45 -day public comment period concluding with a public hearing on the Draft E}R before the Planning Commission that | wU/attend. After the Planning Commission hearing, | will prepare and submit a Draft Final E|R/ResponsetoComments document aawell asall necessary CEQ8resolutions providing findings of fact, findings for o Statement of Overriding Considenations, and a Mitigation Monitoring Program for City staff review and comment. ( will revise as appropriate end submit one paper copy and one digital copy of the Fine( E|R, consistent with City requirements. City staff will reproduce and publish copies of the 'Final E|Rfor public review. NkPaulJensen October 19.oO12 Page 11, The Final BFl and project merits will then be considered eta third public hearing before the Planning Commission. I will prepare for and attend the public hearing. 12. The Gan Rafael Cumornunkv Development Department will serve as the o||eDL The applicant will fund all contract planning services. 13. Monthly invoices for consultant planning services for Newman Planning Associates (NPA) will be billed at an hourly rate of $130. Pointer Preservation & Planning will be e subcontractor to NPA and billing for their services will be included in monthly invoices. Invoices will be processed by the City and paid within 30 days. 14. This planning consultant services cost estimate is valid for 68 days after which we reserve the right to review and revise costo. This proposal provides all estimated time and noatehm| coot budget This estimate has been carefully produoed, in consultation with City staff, and is based upon our experience with other similar projects in Marin County. Should new orunanticipated issues be identified, substantial changes made to the project design orother issues arise that are not anticipated in this proposal during the course ofthe environmental review process, then amendment fothe Scope of Services and budget may become necessary. B. Scope of Sen/Vces—ListofPenoeivedTashs Based upon my understanding of the project, the following tasks are will likely be the responsibility ufthe consultants with related cost estimates: Phama|-Apo|iontionRevkevxand Project Initiation a. Initiate project review and coordination with Cit; staff and historical consultant. b. Meet with City staff and project applicant/architect to discuss scope of work for project environmental review and visit site. C. Complete a review of the application plans/materials. Confirm and disouae with staff that all needed materials have been provided by the Applicant. d. Complete a review of City policies/plans relevant to the project application. e. Distribute relevant materials tn historical conau|tant, coonjinaheeork procnan: and meet asnecessary. f, Prepare a detailed Project Description for the Initial Study with review and comment bvCity staff and Applicant. EotimotedBudget for Phase |: 32 hours: $4.100 *kPaulJensen October 19.2O12 Page Phase U — Environmental Rexhavv Process: Initial Study a. Coordinate with City staff and the historical consultant during preparation of the Initial Study. b. Review and edit draft historical [egoU[C8 eVa|UaUuO prepared by historical consultant. C. Prepare administrative draft Initial Study consistent with the requirements of CEQA and booed upon the supporting studies provided by the applicant (including, but not limited to: geotechnical report, arborist report, noise atudy, traffic study/air qua|itykGHG ana|ysio, visual ainmu|etions, archaeological resource report, utilities and infrastructure report, hazardous materials report) as well as City policies and plans necessary to address all relevant environmental topic areas. d. Discuss comments with staff' revise and submit public review Draft |S. e. Review any comments received on the K|[)P and meet with staff and the applicant msappropriate todiscuss issues. Phase III — Environmental Review Process: EIR a. Prepare for and attend Planning Commission public scoping session for BR. The City no longer prepares written minutes, therefore, | will use my own notes and those of City staff ho derive the list of verbal comments on the scope of the E|R. b' Meet with staff to discuss the approach for E|R Alternatives and other E|R sections. C. Request from applicant an economic analysis of identified project alternatives; review and consult with City staff as io the adequacy of 'the analysis. d. Prepare Draft E|Rbased upon the Initial Study, addressing issues raised in the Scoping session and responses iothe N[)P, and miththe assistance of Pointer Preservation & Planning for preparation of the Cultural Resources and /\Nanmativem sections. The Draft E|R shall address all environmental topics and elements required by CEC)A. e. Prepare and submit the Administrative Draft E|R (ADE|R) for City staff review and comment. f. Revise ADE|Raanecessary and coordinate printing ofDraft E|F{byCity. 0. Prepare a Notice of Completion and submit to the State Clearinghouse and relevant public agencies and community groups for e 45 -day public review period. City staff will prepare required newspaper nohme for the Draft E|R. Coordinate distribution ofthe Draft E|RbyCity. f, During the 45 -day comment pariod, review any oornn)ents on the Draft E|R and meet with staff todiscuss issues, eanecessary. Kr. Paul Jensen October 19.2O12 Page 5 Estimated Budget for Phase U|: 112 hours: $14.560 Phase K/—Environmental Review Process: Fine/BR a. Prepare responses to comments received on Draft E|R including public agency correspondence and testimony at the Planning Commission hearing. Pn*pmns K8UjgaUom Monitoring Report table. Submit Administrative Draft Final E|RtuCity staff for review and comment. b. Prepare Final E|Rd000ment. C. Coordinate City reproduction of Final E|R for distribution to Planning Commission. d. pnspmns draft of all CEC)A required resolutions, including CEQA findings of fact and the Statement of Overriding Considerations for City staff review and revise aonecessary. Phase \/— Attendance atPublic Hearings and Meetings a. Prepare for and attend three public hearings, as outlined above. b. Coordinate with City staff and Applicant on issues that are raised during public hearings and meet asnecessary. C. Respond to issues as requested by City staff and coordinate any needed additional research by others. Phase V1—Project Administration and Post Action Processing a. Perform administrative tasks including rnonth|y invoicing and contract NPA Expenses (mileage, copies, postage) Total Estimated Cost: 16 hours: 2.080 3'+'-+ hours NS 44,720 $ 200 $10,760 $ W680 Mr. Paul Jensen October 19.2O12 Page /\contingency budget may be necessary in the event that additional work is identified during the course of project application processing. Avahety of causes might result in the need for such additional work that include, but are not limited to. identification OY additional environmental impacts beyond those anticipated in this proposal, agraoter number of public oornnnenbs that require response in the Final E<R, or the need for additional public hearings. At the request of City ataff, a contingency budget of 25% is proposed, separate from and in addition iothe City's administrative fee, and would be used inthe event issues arise that exceed the scope ofthis proposal. Contingency Budget @2596: $13.920 Total Budget: $69,600 Thank you for the opportunity to provide this proposal for environmental planning services. If you have any questionm, please feel free to contact me. ( look forward to working with you onthis project! Ginoemly. Lisa P. wman, Principal Attached: Painter Pneaen/adonPlanning propcoo`October 18'2D12 PAINTFR PRESERVATION PLANNING HISTORIC PRESERVATION 8C URBAN DESIGN October 18, 2012 Ms. Lisa Newman Newman Planning Associates 2201 Mulberry Terrace San Rafael, CA 94903 Re: Historic resource survey and EIR assistance for 121.2-1214 2,d Street - Sall Rafael Dear Lisa, Thank you for contacting me about this project. Below is a proposal for preparing an intensive Historic Resource Report for this property, which is required for compliance with CEQA, and providing assistance with the EIR, including developing and evaluating alternatives and developing a mitigation plan. The proposal additionally includes reviewing and assessing the previous documentation on this property, including the current report prepared by a + h, which is an urban design analysis, to assess whether the new project, as proposed, is consistent and/or appropriate given the urban design context for the property. I am an architectural historian and urban designer, with over 30 years of experience in these fields, and am qualified to take on the historical evaluations, environmental compliance, and urban design tasks as required by the project. Project underwanding The buildings to be evaluated are on Second Street and are the remaining two of three identical Victorian -era homes near the center of this block, which was historically a residential street. They were documented in the late 1970s, when the buildings were listed on San Rafael's inventory of historical properties./ When the site was to be redeveloped they were again documented in August 2005. At that time the two properties were declared not historic resources because the setting had been altered, an analysis that is not consistent with state law. Setting is only one aspect of integrity, and property must meet most of the seven aspects of integrity in order to be historically and/or architecturally significant. Not meeting one aspect of integrity does not render a property non -historic. The 2005 survey also docunicrited the buildings at a reconnaissance rather than intensive level, which is inadequate for an evaluation that is to be used for environmental compliance. A reconnaissance -level survey only docuinents the physical appearance ofa building, and thus only responds to the State of California's eligibility criterion 3. A property must be evaluated with respect to all four of the State of California's criteria to be consistent with CEQA. A peer review of this document was conducted by Berkeley architectural historian Michael Corbett or, September' -18,2005. He stated at that time that the previous analysis was inadequate and further Sa--a Rafael 14;Ftoricz1'Arch"tectural Survey Final Inventory of Slructuros and Areas, 1976; updated 11986 Mailing address: PO Box 2899 4 Salem, OR 97308 # 797.7K-6500 CaltIfOrn/d office. 7 4' Street, Suite 34 c Petalumz, CA 94957 I212-1214 2"' Street — San Rafael 2 October 18, 2012 Page 2 of 3 research was necessary to make a complete determination of historic and architectural significance of the properties in question. In 2007 a fire burned the front facade of the house at 1212 2 d Street. My firm, Painter Preservation & Planning was hired to determine whether the building bad, as a result, lost integrity to the degree that it was no longer a historic resource. I determined that the building still conveyed the reasons for its significance, and was therefore still a potential historic resource for purposes of CEQA. I also concurred with the previous peer review by Michael Corbett that a full, intensive -level, survey of the buildings was needed in order to evaluate the historic significance of the properties. At this time the property owner is again considering redevelopment and would like to demolish the buildings, which are still considered historic per the City of San Rafael's inventory of historic properties and subsequent studies.' In order to do this, an EIR must be prepared, alternatives examined, and a Statement of Overridinc, Considerations made. In order to evaluate whether the buildings are in fact historic resources at this time, a full, intensive evaluation of the buildings that responds to all four of the State of California eligibility criteria, which has never been completed, must be undertaken. This evaluation will respond to questions raised in Michael Corbett's peer review and reiterated in my report of 2007. This evaluation will: 1) Respond definitively to the question of whether the buildings are considered historic at this time, allowing a formal determination to be made; 2) Respond to the question of what precisely is historic about the buildings (the architecture? the people who lived there? the neighborhood and how it reflected San Rafael's development?), which will in turn inform all aspects of the environmental process. 3) Help in the development of alternatives to demolition of the buildings; 4) Provide information to inform the mitigation plan, which must be closely tailored to the impact of demolition; and i) Assist decision -makers in making the informed and defensible decisions in this, if-ilportant environmental process. Information provided by the intensive survey will allow for development of the compliance portion of die EIR with respect to historic resources, also undertaken by Painter Preservation& Planning. enabling the city and applicant to meet the requirements of local, state and federal environmental law. Scope &J*work and estimate Historic Resource Report 35 hrs@,$110/hr 53,850.00 L Research existing records and documentation on the property, 2. Research available information on any significant persons, events and/or activities associated with the site. 3. Conduct a visual inspection of the site and structure to assess curre-ilt,-,rchitectural features, changes to the site over time, and building condition. 4. Interview persons with knowledge of the property as available. v. Develop a context statement for the Historic Resource Report. 6. Update information on the historic significance and architectural integrity of the buildings. 7Draft an intensive -level Historic Resource Report for the two structures. - , i - -s. 197, G-, opdated I 9M. �an �l-lis'oric.-�L�'Arcih;lectiiraI Survey Final Invepioni of Sirucwres and Are,� itriailiny address; O Box 2899 t Sl--iem, G.RS-130,3 r 7017.763_6500 California office: 7 4t° Street, Suite 34 o Fetalumn, CA 94'352 1212-1214 2nd Street — San Rafael October 18, 2012 Page 3 of 3 . Environmental Impact Report 56 hrs@$110/hr $6.160.00 1. Assist with language for initial study, as required. 2. Assist with drafting appropriate alternatives. 3. Provide language for EIR for historic resources section, including development of historic context, description of field and archival methods, description of resources, evaluation of historic significance, and description of impacts/adverse change. 4. Develop mitigation measures for project, as necessary. 5. Conduct evaluation of proposed adjacent new construction to ensure that the Secretary of Interior's Standards are met, irthe existing buildings are retained. 6. Participate in two public hearings on the EIR. Urban Design Analysis 6 hrsg$110/h., 1. Review a + h's report on the compatibility of the proposed project with San Rafael's design guidelines and other urban design 'best practices,' as appropriate. 2. Make recommendations for greater compatibility with the historic neighborhood, if applicable. 3. Make recommendations for greater compatibility with the present urban design context, as needed. Expenses S 90.00 Expenses include mileage, copies, report production and postage. Total estimated cost $10,760.00 This estimate assumes that any direction on the project will be provided by you. It does not assume coordinating the archaeological resources review, public outreach, or participation In public meetings (if this is required we can make arrangements for reimbursement on an hourly basis). Evaluation is for meeting the provisions of CEQA only. Department of Parks and Recreation 523 'forms for the property will be prepared and will be included as attachments to a Historic Resource Report, This estimate does not assume evaluation for compliance with the City of San Rafael General Plan or Zoning Code, except ;in the areas of urban design and historic preservation Please let me know if you have any comments or questions about this proposal. Sincerely, Diana J. Painter, PhD Ow,neriPrincipal Architectural Historian !-.1ailing �o Ba", v53 � S ---;I e€r, CR 973' -707.7 California once: 7 41" Street, Suite 34 - Petalur-.a, CA 94952 DATE (MMA)DIYYYY) CERTIFICATE OF LIABILITY INSURANCE 01103IF2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, T141S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER KUNTZ INSURANCE AGENCY, INC. 824 Fifth Avenue, Suite A PK014E fW_Na.E_xz1_(415)4fig-92QQ_ _ San Rafael, CA 94901 E-MAIL -ADDRE"_TaqkL4ntz_llgg@sqtekrrrlcom__ r-- Li --MSUR�SJAftORDfNG COVERAGE INSURER A: State Farm General Insurance Go rnprty. 25151 INSURED Lisa P. Newman INSURER 6: State Farm Mutual Automobile Insurance OMP __py_ 21178. — dba Newman Planning Associates ---- 2201 Mulberry Terrace San Rafael, CA 94903 IINSURERE�- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. NsAF--L POLICYEFF , POLICY iX-V1 UWTS LTR TYPE OF INSURANCE POLICY NUMBER MM"Dei"y Z14'1_,A,�,CCcuRREN1E A GENERALLIABILITY Y Y 97 -CG -67554 1212=0 IY2",'01121 I'M0,000 —4i COMMERCIAL GENERAL LIABILITY CLARkS MADE f X I OCCUq onurren--J IMFDEXP(Anyo-personj 1$ PERSONAL&ADViNJURY '000 GENERAL S 2,000,rX)O GFI, AGGREGATE tLIAILEAPPLIES PER. �100 oco I PRI a Paticy I JECT X I LOC AUTOMOBILE LIABILITY 112 3073-08-06 IV1812012 ;LE OW7 �&IEI SINGLE 11MB12013 d -1— Y AUTO B0UILYIr4,1URY(PwpeUIcr) 250444 ALL 'ED SC-iE) ILEDODILY 1P4,1UR`Y (,Is, azodmt) ALTOS ii A ED MRCIPE", jWTGF HIREDAUTC. AW -OS (Fet a�cieedl UMBRELLA LIAR i i {)CC-jR EACHOCCLRRENCE EXCESS UAB CLAIMS -MACE CED 1 i RLTFNTICN S WORKERS COMPENSATION I 4 WC S7A7J- CITH-1 AND EMPLOYERS' LIABILITY YIN, I ANY PR0PR:E10;PAR7NER'FXECUTNFqL 1D11IC11E.81R EXCLUDED? N I A IAC*__ {Mandatory � NMI F - A E ('Y L DISEASE -WIL S It yes, Jcsa .,mcie, QPSC EL DISEASE - PCOCY LIMIT 1 $ T 010 DESCRIPTION Or OPERATIONS I LOCATIONS )VEHICLES {Attach ACORD loi, Ad#Mw i Remarks st"duie, if more space is raciomdi Additional Insured: Citi of San Rafael, it's officers, agents, employees, and volunteers Protect Consultant Services for Redevelopment of Second 8 B Street CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCBEID POLICIES BE CANCELLED BEFORE Cit of San Rafael FVTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Raffi Soloyan, Planning Manger ZCCROANCE WITH THE POLICY PROVISIONS. 1400 Fifth Ave., (P.O. Box 151560) AUT40REZED REPRESENTATIVE San Rafael, CA 94915-1660 -2010 AD CORPORATION. Alf rights reserved, ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2D10 uum Policy No.: 87C857554 SECTION UADDITIONAL INSURED ENDORSEMENT (N Policy No.: 87CG57554 Named Insured: NEVVMAN.LISA P DBA NEWMAN PLANNING ASSOCIATES Additional Insured (include addrmem): CITY OFSAN FAFAEL.ITS OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS 14UOFIFTH AVE. (PO BOX 1515GO) SAN RAFAEL, CA 949015-1560 WHO !8ANINSURED, under SECTION UDESIGNATION DF INSURED, ioamended toinclude ao an insured the Additional Insured shown abovo, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided tuthe Additional Insured mho|| only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. K� Primary insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried bythe Additional Insured shall benoncontributory with respect tocoverage provided ioyou. All other policy provisions apply. FE 6F�c p-�ed'- �- A� FE -6671 Page I of I WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Policy Number: O7CG57554 Named Insured: NEVVK4AN.LISA P DBA NEWMAN PLANNING ASSOCIATES Name and Address ufPerson mrOrganization: CITY DFSAN RAFAEL'ITS OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS 14OUFIFTH AVE. (PO BOX 151580) SAN RAFAELCA04O015-1GS0 The following is added to Paragraph 10.b. of SECTION |AND SECTIONU—COMMON CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. Your work done under contract with that person or organization and included in the products - completed operations hazard. This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. 0E., Copyright, State Farm Mutual Automobile insurance Company, 2008 Includes copyrighted material mmsummmavmmo Office, mo,with its permission. ppxed'�-sA �� Customer Copy - JOHN NEWMAN Page I of 2 Customer name.JOHN NEWMAN Company: SF Mutual LISA NEWMAN Servicing Agent: ROSE KUNTZ Address: 2201 MULBERRY TER Eft date: 11-18-2012 to 05-18-2013 SAN RAFAEL, CA 94903-1247 Description: 2010 BMW 3351 4DR Policy: 112 3073 -E18 -05D VIN: WBAPM7G56ANL89550 Status. PAID IN FULL SFPP #• POLICY NOT ON SFPP Coverage Details The premium amounts shown reflect a six-month policy term. Code Description Amount A Bodily Injury/Property Damage Liability 159,90 Body Style. Limits of Liability -Coverage A -Bodily Injury VIN: WBAPM7G56ANL89550 Each Person, Each Accident $250,000 $500,000 Limits of Liability -Coverage A -Property Damage Each Accident $100,000 D500 $500 Deductible Comprehensive 4833 (31000 $1000 Deductible Collision 166.55 U Uninsured Motor Vehicle 34.41 Limits of Liability -U Each Person, Each Accident $250,000 $500,000 U1 Uninsured Motor Vehicle Property Damage 128 S Death, Dismemberment and Loss of Sight 0.96 Persons Insured -Coverage S - $5,000 NEWMAN, LISA Total: 413 43 Vehicle Details Year 2010 Make BMW Model, 3351 Body Style. 4DR VIN: WBAPM7G56ANL89550 MSRP base: 0.00 MSRP additional equip: 0,00 Odometer Information Odometer reading: 33,694 Odometer date: 09-2012 Household Driver Details JOHN S NEWMAN Brrn date. 0(5-25-1953 Occupation- CONSULTANT Gender: MALE Marital Status: MARRIED Customer Copy - JOHN NEWMAN License : E0065820 State/Prov: CA LISA P NEWMAN Birth date: 10-09-1955 Occupation: CONSULTANT Gender: FEMALE Marital Status. MARRIED License : N0674856 State/Prov: CA JACK NEWMAN Birth date• 09-18-1986 Occupation: STUDENT Gender. MALE Marital Status: SINGLE License : D3689257 State/Prov: CA JULIAN NEWMAN Birth date. 04-03-1989 Occupation: STUDENT Gender: MALE Marital Status• SINGLE License: D6998198 State/Prov. CA MARIA N NEWMAN Birth date: 10-21-1994 Occupation: STUDENT Gender: FEMALE Marital Status: SINGLE License . F1727215 Date Issued: 11-02-2010 State/Prov: CA Expiration Date: 10-21-2014 License class: C-NCOM,GVWR<26001 The information on this document is presented for general informational purposes only and Is not intended to serve as a declaration page or policy. State Farm Mutual Automobile Insurance Company, Bloomington, Illinois Page 2 of 2 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TI 44 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSL REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROG terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificr certificate holder in lieu of such endorsement(s). PRODUCER KUNTZ INSURANCE AGENCY, IMC- CONTACT NAME-Kuntz 824 Fifth Avenue, Suite A --MAq - PHONE -L-FAX ox, mo-exty (415 459-0200 _fAIC, ttoL(4 L514ss W215L­ San Rafael, CA 94901_A66REssi E-MAIL, maLte.kuntzAyg!&tatetanrm-com LIN tNSURER(SJAFPOROINGCOVERAGE—_ 1 NAIL INSURER A : State Farm General Insurance Company INSURED Usa P. Newman -ImSuREP a: State Farm Mutual ­Automobile-insurame Company_ 25178 dha Newman Planning Associates 2201 Mulberry Terrace -INSURER 0 San Rafael, CA 94903 HtaUREIR-s INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ThSR. ---- — - — - I -- -- LTR ' TYPE OF INSURANCE pJ POLICY NUMBER POLICY EFF 1 POLItY­EXP--- fMM1DO/YyYYI IKWVMDNYYYI' I -Mons GENERAL LIABILITY A I Y Y 97�CG-5755-4 12)'20/2012 01=2014 i EAcii occuRRrNcF 3 1,000()00 DAMAGET%J RENTED XI Ct}MMERCIAL GENERAL LIABILIT'y PREMISES CLAIMS MA DE a± OrC UR L I I MED EXP (Any Om person} I PERSUNAL & ADV INUIJR - Y --S 1,000 000 GENERAL AGGR EUAT C GENT AGGREGATE LIMIT AAP(( -LIES PER r'RC, xlc's - Comproc' AGG S I IRI I X POLICY JFCT IOC i �_f B AUTOMOBILE LIABILITY i 112 3073 -EIB -05 1111012012 11118/2013 1 0.1 1.11l.I.F Dm8 I N G L E LIMIT X' ANYAUTO RIDILY INJOR Y kPci pefs3n) 250,00C ALL, OWNED AJ T �WNF0 Su fas� CHEDULED 000'? 1114,;LRY {Pe' acCId-t; X HIREDAUTaS NON-OWNN' AUTOSt11 jj PROPERTYISA—MACW fp� n�'derrt 100000 i UMBRELLA LIAR CCC -R I; EXCESS LIAR CIAIMS�MADr: AGGRECATE S D RETENTIONS � WORKERS COMPENSATION � + � II WC STAIU- inTH-1 TOR)LLLMITS I AND EMPLOYERS'LtABILITY Y'N i ANY PROPR,EtOR PAR TNERIEXECUTIVE OPFICE&EMBEREXCIUDED? NIA EJ _�i ACCID( -NT (Mandatary 1. NH) EL DISEASE - EA FUR OvE!15- I if yes, 0 ev"e �xfar old r I -L DISEASE POLICY LIMIT $ DESCRIPTIONOF OPERATIONS I LOCATIONS I VE"ICLrS (Attach ACORD iOl, Additional Remarks Schedule, 0 more space Is required) Additional insured: City of San Rafael, it's officers, agents, employees, and volunteers Project. Consultant Services for Redevelopment of Second & B Street CERTIFICATE HOLDER City of San Rafael Attn: Rafti Botoyarn, Planning Manger 1400 Fifth Ave., (P.O. Box 161660) San Rafael, CA 94916-1660 �n 1989-260 ACOI*D CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IW486 132849.6 11-15-2013 ACORID 25 (2010106) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AWHORMED REPRESENTATIVE STATE 1111111 -10L Cla INSURANCE ADDENDUM TO CERTIFICATE OF INSURANCE ADDITIONAL INSURED / CERTTFICATE HOLDER (Continued from Page 1): City of San Rafael Location: City of San Rafael -Policyholder: Lisa P. Newman / dba Newman Planning Associates Policy No. 112 3073-EI8-05 Certificate Holder; The City of San Rafael Date: January 10, 2013 Agent: Rose G. Kuntz T, Page I of 3 Laraine Gittens From: LisaGodfien Sent: Friday, January 18.20137:50AM To: Raffi8o|oyan Cc: Laraine Gittens Subject: Re: Insurance Certificates Ry[fi-Thiswill do. I'm copying Laraine nnshe can oonfiontojouune/Bodhcr. ]]\unkm, Lisa Sent from myWhnuc On Jan 18, 2013, at 6:27 AM, "Raffi Boloyan" <lZaffi.Bolovan('(-I'citN,ofsaiirafacl.or,.,> wrote: See attached revised certificate of insurance for Lisa Newman. From: Marty Kuntz [moi|to:martv.kuntc.ikxq0ilstatehonn.conI Sent: Thursday January 17,2O133:34PM To: Lisa Newman Cc: Roffi8oloyan Subject: RE: Insurance Certificates - m usa' ct-d�radcc:me�cstha��hou|dsa������c��y From: Lisa Newman [mailto1isapnewman1iqmaiicom] Sent: Thursday, January 17, 20132:49PM To: Marty Kuntz Subject: Re: updated insurance 8i Thanks fox|c\tin- uaknow where things stand. The contract nill not be finalized until thc\� rccelve the documents and it will take another week after thev are received before it is in effect. Given that, I would appreciate �OU sendin,-, an interim certificate from \'Omoffice and let themkmm itiaioeffect and other versions o[the cu1iicolev.iU urrrcckthe City inthe next fenweeks. DlQ,ZOl3 Page 2 of 3 Please keep me posted on how this proceeds. Thanks, Lisa On Thu, Jan 17, 2013 at 9:23 AM, Marty Kuntz <iiiartv.kuntz.ikvz,'i'l�istatefariii.coili> wrote: H! Lisa, 1 requested that the City of San Raiae! be added as ain additional insured on your AuLo poPicy. was rnade the sarne day that` i spoke with Lisa and Raffi, Our re,13ional of Ifice has not prccessed this 1*ie effective date for this cinange was I/"s.011 3. If 'hey are holdinf-, UP -0Ur'C0"tU aCt un0i thC,} Cere:,�e �`e -lrtif:,Cate, can and send thern F, certificate "rani oure-fice, -hi- 6� nor a, rr,,e n� Lot know what is need -L 1 expoct that th,�� certificaw. fronn the -e-ion-� end of next week. 1�0, . I , rty From: Lisa Newman [mailto:lisaDnewman(c-ucimaii.comI Sent: Thursday, January 17, 2013 8:25 AM To: Marty Kuntz Subject: Fwd: updated insurance Hi Marty, Would you please update me and Raffii about the status of the certificate/endorsement that You resolved with Lisa Goldfein? Thank you! Lisa ---------- Forwarded message ---------- ID From: Raffi Boloyan <Raffi. Bolw, anf'(i citN-,oCsanrafacl.or,2> Date: Wed, Jan 16, 2013 at 2:03 PM Subject: updated ]Insurance To: Lisa Newman <Iisapne�\ Hi Lisa Just checking in to see if you had received or knew if Marty had the changes that Lisa G and he discussed for insurance. I haven't seen anything come in from him since our conversations Just trying to get that contract finalized and out of our way Let me know 1 18/2013 Page 3 of 3 Lisa Newman NEWMAN PLANNING ASSOCIATES T: 415.492.0 300 F: 415.492.9569 Lisa Newman NEWMAN PLANNING ASSOCIATES T: 415.492.0300 F: 415.492.9569 <NEWMAN - Certificate of Liability.pdf> 18/2013 �� rf REIMBURSEMENT AGREEMENT�� fi scl w av+a a THIS REEVIBURSEMENT AGREEMENT (Agreement) is entered into this November 19, 2012 ("Effective Date"). between Thomas Monahan, Jonathan Parker and Harold Parker Properties, LP ("Developer"), and the CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of the State of California ('`the City"). RIECITALS A. Developer has submitted in application for approval of the demolition of a single -story commercial building and two.. single-family residential sh`alcttrrrs, one of VNIlich is a loczilly designated historical resource, and the development of a new four-story mixed use builc]hi Nvith 411 residential units, which includes a 35% density boau;<, on ail approximately 0511acre site located <it 809 B S�trt et. 1212 and 1214 2", Street:;, `;aa Raf,,:l. Ca ifo--nia (` tho prt'TO�00 project") B. Pursuant to the City's comprehensive planning and environmental review process, the City has currently determined that the proposed project will require the following peewits and land use entitlements [nactrk those rtjaplicahle]: [X] Environmental and Design Review [ ] Variance [X] Use Permit [ ] Tvlajor Subdivisioii/Tentative Map [X] Minor Subdivision/Tentative Map [X] Sidi Review/ Sign Program/Aniendnlent [ ] ..oninp Chajwe_/P1auncd Developalc-nt [;<� I:"aviroitillt.ifi#<il 1jup,,ict Report .' 1)lie to the Cili7"eilt t\Dili li}'ctd of tl'li: C.']ii' S Ci)ll'liilillllty 1.?el'elt)p111e11t Del,tiitillLilt allCt Attorney's Office, the City must hire additional contract staff to expedite the reviexv of the propose(] project on the condition that Developer reimburse the (:`it`s for its costs incurred in i ollIlectiou \dell these; Outside vendors (: Contract Planner`. rand "C onlraf t kmv l il"al"), 1). California Public Resource Code Section 21082.1 authorizes the Citly to emplo a cc.iltract planner to provide planning and environniciital col-'sultlnu el'\ wi� s; ii1clu,,Ii i x the euviroillu(ntal documents required by the Califoniia }'m iruill,ls'Ii' 11 Qu-alit_Act f, Ci;t`rr'i 1 for the proposed project. These documents will include" an Eng ironn,,ent�d ]nlpolct Repo ­f. and Statement of Overriding Coils iC1:ratioils. #',. Clhton in ctoE;'srininent Coc-It "s(ciioii 6601 1, C a'li,<rii-a P Ihlic R(;:;E)Llic'a. 1089. and Sari R< facl Iviuilicipal Code ScO10rl 3.31.40 elltit]c the City to rCL,' ]lei` irs CO -SIC, Of processing the appliclltious for fl -W land us; entitlemi,jits requirc'=_i for dw prt'1',oF` —d l,rojed. alc:l€idiilg but not hmiicd to the cos'] Of the City's lli'epar€ation and ii "'ic;w ofall requil'ec-1 i`e]Ifit,`._.`'. tl;f' (' ;;, il_,t1C.Cl it. t,vG 1 ski` its i iiitk,i+ t si Cl'unil <,Ut L:jv. 1-illit cljsi_; iruiii C -Ci .'iOpcd. ORIGINVA''I F. This Agreement is intended to set forth procedures and a funding mechanism for Developer's payment of all planning and environmental consulting costs and contract law firm costs that will be incurred in connection with the proposed project. NOW. "HEREFORD, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: TERMS) OF REI IBURSElVtE T AGREry EN't Recitals Incorporated. The fore.,oing recitals are incorporated into this Agreement 2. Reimbursement. The City, will contract directly with Contract Plarir.er and Contract Lav° ; Firm to provide planning and environmenial roosulting :rc I °.ice> and 1,:g:I t c.r,. iccs fog -IL,.. proposed project. Developer agrees to reimburse the City for all Contract Planner and Contract Law Firm costs that the City incurs which are related to the proposed project. 'I Inc Contract Planner costs may include charges for various independent contractor, ,Ivorking Linder Contract Planner's supervision (for example, traffic ellygineering consultants, biological study consultants, etc.). Developer agrees that the Contract Planm,r and Contract Law Firm reimbursement charges will be separate.: and are in addition to the City's other processing and development fees to be charged to and paid by Developer pursuant to San Rafael Municipal Code Section 3.31.40. Proiect Reimbursement Account. The contract amount of the proposed project before contingency is $55,680 ("the contract anlaunt"). Developer shall pay 501NO of the Contract Amount ($27,840.00) to the City, within 15 da\ s of receiving they City's request, for deposit to a iron interest• bearing Rciniburst nncnt Account that c% -ill be created by the City's Finance Department for the prol,osed pi'ojea TN iniouitt docs )o include the 5: 'o FIR adntirristratk c tee that is for City staffiinic: associated with re:vic v,, of EIR and adininistration of contract. This 2.5%0 administrative tee (1x13,920.00) shall be paid at the time oCsubnaittal of the Rant[ for the EIR contract and shall be by a separate check. The City will hold C orrtract Arnount hands in the Reimbursement Account and charge invoices received firom Clon0 act Planner rand Contract Erie" I{irrn against the Rcinrl3ttrscrttc'rri .lccourrt. Tac C"it\� _, ill ; Vicicr Developer with copies of all suC7 invoices, however. Developer agrees that the C:i'.� redact portions of the Contract Law Firm invoices to protect the. City's <4ttortic.�-cilia privilege. it'ithin 15 days of Dc� eloper's receipt of the city' , " ri-wia ,u ,icc, ih= o, tl,C Reimbursement Account has been reduced to l3 lrtal{all`='ti' Lei lcss flhan `',5,0 }0.GO agrees to pay the rerilaining 50 of the Contract , , mo;rrrt t 2" , 4,0.00) to the (_ tW tc) replenish the Reimbursement Accouiat. Dco loner a`ree.= ;tom eontrl ua __ ??;1:l no stacll until the City is rein bur,4ed for all the C'on,(i ct Plam'cr• a-nd f.'o'-If ict f. -C', Firl ? i n'Sis i.. to'the proposed protect. f lac: ('It\ \-vdl ,ti°ld ..'31' f?lyds i'; i;i 1Ii in Accourmt Cantil file i'ity's processirmg of the pro -Dosed pro ect i� coo:rrplc'�'d. the Rt.;inlN.arsenilent Account is prilliar`rl; illiC:nded to Lurid tilt' cosi 1'r'l;:rt i; .:it (_'o2-nact l' dr—'c", and Conlrwi i iiti' i"ii- i, Oc'1 ejoll,,r ' r'=: that tl2c Citi' ;l'itl, C"-flic t iin ilii aid n ryes i +o(r d i{) tl 'lx'ili'sd'i e 1 L'tit do `r' «l;' tCE:"i c!l?C( t. "t ac' .l it"(�;, _ t;'a i.;C i'. a. i r- Account. Any remaining funds in the Reimbursement Account after payment of all fees and costs related to the proposed project shall be refunded to Developer. 4. Automatic Withdrawal of Anolication. Developer's failure to make the payments required by the provisions of Section 3 of this Agreement shall result in an automatic withdrawal of the application for the proposed project. Notwithstanding such autornatic withdrawal, Developer shall remain responsible for all amounts due pursuant to this Agreement and shall submit the same for payment to the City within 30 days of the City's demand for payment. After automatic withdrawal of the application pursuant to this Section, should Developer desire to re -apply for approval of the proposed project, City will require that Developer pay all regular City fees then applicable to initiate processing of a new application. Should Developer flail to make the payments required under this Agreement, or otherwise breach this A;reelnerlt, the City will not be obligated to complete any em ironniental review that has been initiated with respect to the proposed project. S. Bindim-)r Effect of Ap-reernent. `this Agreement inures to the benefit of and binds the parties to this Agreement and their respective agents, employees; successors, and assigns. 6. Relationship of Parties. a. Contract Planner and Contract Law Firm (and their agents and employees) are not employees of the City but instead are independent contractors. Contract Planner and Contract Law Firm shall act solely on behalt'ofthe City and shall not be consultants to. represc .natives of, or agents of Developer. Developer agrees not to communicate with or contact Contract Planner or Contract I_.aw Firm {or any of their respective; collsultatits. agents. of \;ithout brie=r written authorization froin lite. Citv. c. Developer a`._'recs that jlliS and ally document execti ed In t'mincciion herelvnh shall not cause Developer and the City to beconle lonit venturers or partners. d. This Agre nicut is made ,.told untcad into tilt' the; sale protection and benefit of the parties and their successors and asslans rind does not, nor is it intended to, create tiny rights in favor of or obligation owing to any third parties. 7. No Entitlements Granted." -his prow id -,,s ;:tl le`�'l or \, cstecl right to DcFvt.Ioper to secure approval of any development plan, an\1 particular cnt ironrnental determination under CEQA, or any particular permit or land use. entitic'rncnt. Accordiinoly. Developer- understands arid agrees that in the pertortiial ice of their S, irvices, dr?i"W'di;ig th3 - pivparlttion atld rc%iexv of all necessai'v Coq,,"! -`X?. T}ja;Eii<.r c(r?d t_cIntr c'.t i•:3w Finn t ill be as aCCUN-Ae and olltectr, C as i-cason,11bly possible.. I lis' City in i? determine during the Ct`.•urse of processnrg of the plopo:,tid t ruje:ct application that Iin< l :.pt t'ot t't1 v\ill regtdre issuan+ve= of ofilor Permu-s in ,^difitlon to thoS,- listed in R(,-citz1 11 of tl i .'� ,iL°er14 t;t. due to chid gess in the _ilii)#1t'�i;?Ir_ ';I<�t;, j:st=:'. {_ "lt '+2t±ilr^il�el t_C}t"1�_'. .`ll�[ni. -� !ti 'tft•`' I;'�i`t� ..�t�';l �`:r't?]tt't, e'i' 2tlli`l�t�i:+'. .lit' d{t ttrC 'n6 t[0_' 0 iil1 'kVi li.ijj'Cli li1Ct i ti'tt ii itn- r{.'v. L. v�,*. 111C crrF� with accuracy the total costs that the City will incur and charge to Developer concerning the proposed project. Developer agrees that it has not relied (and will not rely) on any estimates that the City may provide in this regard. 8. Notices. All notices required or provided by this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the principal offices of the City and Developer. Notice shall be effective on the date it is delivered in person, or the date when the postal authorities indicate the mailing was delivered to the address of the receiving party indicated below: Notice to the City: Raffi Boloyan, Planning 11vianager City of San Rafael -- Community Development Department PO Box 151560 San Rafael; CA 94915-1560 N;Totice to Dry- eloper .Jonathan Parker \lonahan Parker. Inc. 1101 Fifth ,-� vonl-ie. Suite 300 San Rafael, CA 9-1901 9. Indemnification. Defense and Hold Harmless., Vlith respect to any claim. action, or proceeding arising from this Agreement, Developer agrees to defend and indemnify the City and hold it harmless against all damages, costs and fees that may be incurred by the City 10. Amendments. No amendment of this Agreement shall be valid or binding unless made in writing, signed, and duly authorized on behalf of both parties. 11. Administrator. The City employee with responsibility for administering this Agreement is Raffi Boloyan; Planning Manager, or other employce as play be desig,ii<ited by the City's Community Development Director. I>. lnteiiration Clause, 1 his Agreement eonstitutt-s the li.11l. Final, complete c and entire agree:nicnt hetween the parties with respect to the subject nlatb,r of this Agri°cinciit. °-Ind there are no other terms, obligations, covenants. representations. statements, or conditions except as set forth in this Agreement. No change or amendment to this Agreement S . iI1 be effective unless in wfiting and signed by the parties to this . Igreenient. failure to insist tlpon strict compliance with any term or provision of this Apreement will riot be d+` Ined to be a N aiver of any rights under a subsequent act or failure to act. This Agreement specifically supersedes all prior agreements between the parti4's Itith rt'sPcct to 1 -ho subject maita'i- ofthis Ao reernent. 13. Severability Clause. Should ant portion of this Anreenieiit be de.clarcd void or unenforceable, such portion(s) shall be considered indepc:ndenl and severable 11-om the remainder. and the validity of the remainder shall j---, iain iii Aliccted. I is<i iilf s. joie sUaiL+1i ti, itit? t,{,i;t:-ineCI in illi:, ALIFeCIII M are inscrted for convemence only and shall not affect in any \�a% the nlc�Eitiilg or intcrprett:tic i1 uf this At3reei lent. t _ , Tfil:..)`_iE'c�iicc'lit iz[i�:l all r;f!I=-1?i'It iiK'`C'tl clt`:�'itil;rif;i�_ i'i•t'1l,`.1;',>,`� lt;rc�ir'1=t `tt3 ;1-,j� - •`'-.._i1t __ `°tl L_ ..... t. _,,,,.,.: ;?' i _ ('i', t Vic; - i - - 16. Representation of Cornorcherision. In entering into this Agreement, the parties represent that they have read the Agreement, that they have had the opportunity to review the terms of the C, I Agreement with Counsel of their choosing, and that the terms of the Agreement are understood and voluntarily accepted by them. If any dispute or ambiguity should arise in the future over the terms of this agreement,, neither party will be deemed the drafter of this document. 17. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any actionirising out of or connected with this Alort°erneu( Z� shall be instituted and maintained in the Marin County Superior Cowl I S. Attornevs' Fees. In any action arising out of this i\greenlent, [lie prevailing,party sh'-111 1!v - entitled to costs (including noxi-statUtOIN C.W4S) Zlfld I -C ISOJMNC ft'Cs- ftofn th'- non - prevailing party or parties. Z:' 19. Countemarts. The parties may execute this Agreement in one of nior'.- counterparts.: dj of Nvhich shall be deemed k1n original, but all ot,which together shall be deern-Cd 011t- 1,3nd the same instrument. 20. Authority. The person signing this Agreement for Developer hereby represents and -,Niarrants that lie/she is fullyauthorized to sign this Agreement on behalf of Developer, 11� IN WITNESS WHEREOF this Agreement has been executed by the parties oil the day and year first above written, `—V OF SA N RAFAIR, i, Nfanc) Mackle Cit� IV1,111ager I Z� A - I - - 1"1: REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into this November 19.2012 ("Effective Date"), between Thomas Monahan, Jonathan Parker and Harold Parker Properties, LP ("Developer"), and the CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of the State of California ("the City"). RECITALS A. Developer has submitted an application for approval of the demolition of a single -story commercial building and two, single-family residential structures, one of which is a locally designated historical resource, and the development of a new four-story mixed use building with 41 residential units, which includes a 350,'o density bonus, on an approximately 0.57 -acre site located at 809 B Street, 1212 and 1214 2`1 `streets, Sall Rafael, California ("the proposed project"). B. Pursuant to the City's comprehensive planning and environmental review process, the City has Currently determined that the proposed project will require the following permits and land use entitlements [mark those a7)plicable]: [X] Environmental and Design Review [ ] Variance [X] Use Permit [ ] Major Subdivision/Tentative Map [X] Minor Subdivision/Tentative Map [X] Sign Review/ Sign Progran}/Amendme.nt [ ] Zoning Change/Planned Development [`i] Elivironni{ nlal Impact Report f , Dile to the current \fork load of the City's Coo nnuinity Development Department and City Attorney's Office, the City must hire additional contract staff to expedite the review of the proposed project on the condition that Developer reimburse the City for its costs incurred in connection %Nitll these outside vendors ("Contract Planner., and "C.'onlract Lav Firm"), D. California Public Resource Code Section 21082.1 authorizes the; City to employ a contract planner to provide planning and eivbironinental ColisLllting Sel', ic'CS. linCltithiig f?rt'1" Lsl'.ltioi} Of the environmental documents required by the California Environmental Quality .pct {C FOA :f for the proposed project. These documents will include an Eng irorinient�,l Impact Repoli. and Statement of Overriding Considerations. t litt',I'i;l ; i3O\Crim":Cnt Codi Secttit;n 6601 -1 F ani ('_liia 110-:lic, rbc. " " I _ Lir:: C'. �._<,�rCtt; .)t.:Lfi�ii ttE '9. and Sar, Rathel Munici pill Code Section 3.34 l0 entitle the -itv to reco%c its ,r 1 r it costs of processings the �Ipplicalions for the lalid tise Cntitlerilunts rc,quirt�d for the rroposed II1Clutilil4 but not lit} 1teCl `el the cost of dr -('it} -"s preparation .tial ivvie,t- Of Lill rCelLlitt d lmlimcjltal d<1Ltilllv;ItS. t4C 1'tliil`;l' tl?e Cit: i- 'l'fitiud to rcco1'_.' i F. This Agreement is intended to set forth procedures and a funding mechanism for Developer's payment of all planning and environmental consulting costs and contract law firm costs that will be incurred in connection with the proposed project. NOW, THEREFORE, in consideration of the mutual promises set forth herein., the parties hereby agree as follows: TERMS OF REIMBURSEMENT AGREEMENT 1. Recitals Incon)orated. The foregoing recitals are incorporated into this Agreement. 2. Reimbursement, The City Nvill contract directly with Contract Planner and Contract L aw Firm to provide planning and environmental consulting services and legal services tZ)f ific proposed project. Developer agrees to reimburse the City for all (7ontract Planner and Contract Law Firm costs that the City incurs which are related to the proposed project. The Contract Planner costs may include charges for various independent contractors working tinder Contract Planner's supervision (for example, traffic engineering consultants, biological study consultants, etc.). Developer agrees that the Contract Plarmer and Contract Law Firm reimbursement charges will be separate and are in addition to the City's other processing and development fees to be charged to and paid by Developer pursuant to San Rafael Municipal Code Section 3.34.40. Proiect Reimbursement Account. The contract amount of the proposed project before contingency is $55,680 ("the contract amount"). Developer shall pay 50% of the Contract Amount ($27,840.00) to the City within 15 (lays of receiving the City's request, for deposit to a non-interest-bearing %-,inibui-scinent Account that be created by the City's Finance Department for the proposed pro,iccl. ]'his amount does not include the 25% FIR adininisfrati\,e fee that is for CitN staff time associated with review of FIR and administration of contract. This 25 o administrative fee ($13,920.00) shall be paid at the time of submittal of the fund for the EIR contract and shall be by a separate check. The City will hold Contract Amount funds in the Reimbursement Account and charge invoices received fron-i Contract Planner and Contract L,,,\v Firm against the ReinIbUISCillelit Account. The City twill pro -vide Developer vvith copies of all such invoices, however, Developer agrees that the City may redact portions of the Contract Law Firm invoices to protect the City's attorney-client privilege. Within 15 days of DeN elloper's receipt of the City's Nvritten notico th,. t the Reimbursement Account has been reduced to a balance of less than S5.0,00.00. De,,=-Jorwy agrees to pay the remaining 50% of the Contract Amount ($27,840.00) to the City to replenish the Reimbursement Account. Dcvuloperagrees to continue iviakinq� such 1),,ivincris trintil the City is reimbursed tier all the Contract Plantict, a -fid ('omr.-ict I rN Firm costs to the proposed project, 1 -the City AIH Hold -im, funds in !Lc Account L111tif the City's processilig, of 'lie pro -owed proiect is Utholic Rcimbu,s,mi--nt Account is primat'ily intended to fund the cost" 1,(+It�d to G an d Coniract f,aw t-inii. Developer -,-recs that the City 11 -lay collect any 1111paid developrilcuit lees and cl'al,pes I-elIfed fo 1110 proposcd 11,0iCCt tr0111 tk filtids 111 tllo Account. Any remaining funds in the Reimbursement Account after payment of all fees and costs related to the proposed project shall be refunded to Developer. 4. Automatic Withdrawal of ApOication. Developer's failure to make the payments required by the provisions of Section 3 of this Agreement shall result in all automatic withdrawal of the application for the proposed project. Notwithstanding such automatic withdrawal, Developer shall remain responsible for all amounts due pursuant to this Agreement and shall submit the same for payment to the City within 30 days of the City's demand for payment. After automatic withdrawal of the application pursuant to this Section, should Developer desire to re -apply for approval of the proposed project, City will require that Developer pay all regular City fees then applicable to initiate processing of a new application. Should Developer fail to inake the payments required tinder this Agreement, or otherwise breach this Agreement, the City will not be obligated to complete any environmental review that has been initiated with respect to the proposed project. 5. Binding Effect of Agreement. This Agreement inures to the benefit of and binds the parties to this Agreement and their respective agents, employees, successors, and assigns. 6. Relationship of Parties. a. Contract Planner and Contract Law Firm (and their agents and employees) are not employees of the City but instead are independent contractors, b. Contract Planner and Contract Law firm shall act solely on behalf of the City and shall not be consultants to, representatives of or agents of Developer. Developer agrees not to communicate with or contact Contract Planner or Contract Law Firm (or any of then' respective consultants, agents, or employees) %Nilhout prior written authorization from the City. C. Developer agrees that this Jlgrecincnt and any dOCUDICIlt CXCCLltCd in Connection herewith shall not cause Developer and the City to become joint venturers or partners. d. I'l-lis Agreement is made and uiaettd into Im the sole protection and benefit of the parties and their successors and assigns and does not, nor is it intended to, create ally rights in favor of or obligation owing to any third Parties. 7, No Entitlements Granted. This Agreernent prox ideas no legal or \ ested right to Developer to Secure approval of any development plan, any particular enNii-onmental determination tinder CEQA. or any particular permit or land use cntitlement. Accordingly. Developer understands and agrees that in the performance of their scrz icos, including the 1),repardtion and re\ iew of all llcces�ary -b wilnlcnts. Contract Ntin:fler and Con! ract La\% Firrn v,`Il be 4 -)ssible. I he Cit, , niay determilne during the course of accLa"Ite and objective as i-casonA)k pt processing of the proposed pro Ject application t1lat Fli"d reqtnre issuance of other permits W "Iddilion to those listed in Rccital 13 of this A-reenlent, due to chances in the app,-A,l,le 1Wnicipal Code. ch:ijvles to tht--- propo, ed project, ornlhcrwisc. !-,tic Ifo iilc il)fCh ew, the CM, cal-'llot prcdici with accuracy the total costs that the City will incur and charge to Developer concerning the proposed project. Developer agrees that it has not relied (and will not rely) on any estimates that the City may provide in this regard. 8. Notices. All notices required or provided by this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the principal offices of the City and Developer. Notice shall be effective on the date it is delivered in person, or the date when the postal authorities indicate the mailing was delivered to the address of the receiving party indicated below: Notice to the Cite: Rath Boloyan, Planning Manager City of San Rafael -- Community Development Department PO Box 151560 San Rafael, CA 91915-1560 Notice to Developer: Jonathan Parker Monahan Parker, Inc. 1101 Fifth A eiaif, Suite 300 San Rafael, CA 91901 9. Indemnification, Defense and Hold Harmless. With respect to nny claim, action, or proceeding arising from this Agreement, Developer agrees to defend and indemnify the City and hold it harmless against all damages, costs and fees that may be incurred by the City 10. Amendments. No amendment of this Agreement shall be valid or binding unless made in writing, signed, and duly authorized on behalf of both parties. 11. Administrator. The City employee with responsibility for administering this Agreement is Raffi Boloyan, Planning Manager, or other employee as may be desivnated by the City's Community Development Director, 1:2. Intcs!ration Clause. 1 his As..uve ment turns itutes the hill. final, complete -ind entire agreement between the parties with respco to the subject matter ofthis Agrecnicnt. and there are no other terms, obligations, covenants, representations, statements, or conditions except as set forth in this Agreement. No change or amendment to this Agreement «ill be effective unless in writing and signed by the parties to this Agreement. failure to insist rCpou strict compliance with tmy term or provision of this Agreement will not be deemed to be a waiver of any rights under a subsequent act or failure to act. This Agreement specifically supersedes all prior agreements between the parties with respect to the sub'ect inattcr of this Agreement. 13, Severability Clause. Should any portion of this agreement be cl,�clarcd � oid or unenforceable, such portions) shall be considered independent -.Incl severable from the remainder, and the validity of the re mainder sh.rll I"enl'.Iilr irr orifi ctecl, 1- . Hcadimc,s. The =:Ccttion itc.t?ihl, J cc m lined in this arc i nticrted for conN'unre:nce only-' and shall not Affect in an), way the nncamm�o or interpretation #tf this Agreement. �i.it T? 1;1tt t:t ircl. Ti.j i._ " ` i4't=lti ifl callti :iil I:#_`ii-1";'S Z"3;t'i'i:ki tf: ;i ' ii -'iil' i'r t'i':=. i'f'Lai 171tt:'l.i ii tEl thi 1 G. Representation of Comprehension. In entering into this Agreement, the parties represent that they have read the Agreement, that they have had the opportunity to review the terms of the Agreement with counsel of their choosing, and that the terms of the Agreement are understood and voluntarily accepted by thein. If any dispute or ambiguity should arise in the future over the terms of this agreement, neither party will be deemed the drafter of this document. 17. Governina Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any action arising out of or connected with this Agreement shall be instituted and maintained in the Marin County Superior Court. 18. Attornevs' Fees. In any action arising out ofthis ,ltrree_ment, the prevailing party shall be entitled to costs (including non -statutory costs) and reasonable atton3 .., s' fees fi-o i thy' 11on - prevailing party or parties. 19. Counterparts. The parties may execute this .Agreement in one or more counterparts. each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. 20. Authority. The person signing this Agreement for Developer hereby represents and tivarrants that lie/she is fully authorized to sign this Agreement oil behalf of Developer. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written, Ci TY OF SAN RAFt-i,E , NaiicV Wckle Cit illanager A 1 TLST: : t�S'I HER C. 13E1 ItiC:, City`l�rl: APP-"R(-"R(AS TO FORM: 0W"i ,OPF'" .ton« W"ji Parker Its: - , L --k c , REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into this November 19, 2012 ("Effective Date"), between Thomas Monahan, Jonathan Parker and Harold Parker Properties, LP ("Developer"), and the CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of the State of California ("the City"). RECITALS A. Developer has submitted an application for approval of the demolition of a single -story commercial building and two, single-family residential structures, one of which is a locally designated historical resource, and the development of a new four-story mixed use building with ill residential units, which includes a 350X0 density bonus, on an approximately 0.57 -acre site located at 809 B Street, 1212 and 1214 2`1 Strects, San Rafael, Califocnia ("the proposed project"). B. Pursuant to the City's comprehensive planning and environmental review process, the City has currently determined that the proposed project vvill require the following permits and land use entitlements [incirk those gj)plicable]: [X] Environmental and Design Review [ ] Variance [X] Use Permit [ ] Major Subdivision/Tentative Map [X] Minor Subdivision/Tentative Map [X] Sign Review/ Sign Program/,amendment [ ] Zoning Change/Planned Development [XI Erlvirollniental [inpact Report C. Due to the current wort: load of (lie City's Community Development Department and City Attorney's Office, the City must hire additional contract staff to expedite the review of the proposed project on the condition that Developer reimburse the City f'or its costs incurred in Coilllection with duesC outside vendors (' Contract Planner" and "Contract Law Firm"), D. California Public Resource Code Section 21082.1 authorizes the City to employ a contract planner to provide planning and em ironnlelltal consulting services, including prepar,ition of the environmental documents required by the California Fin ironnlental Quality Act (CK)AS ) for the proposed project. These doCtlnlentS will include an 1~n\ irenmental Impact Report. and Statement of Overriding Considerations. I C lif{ n is Govt rilt.ICllt Cody Seciiol} 6601-1 Caliic.-na Public C do 1089. alid San Rafael Municipal Code Section 3.34.40 entitle the City: to reeoNcr its ces s cf processing the ,applications for the land tlse entitlenlents required fcr true IN -O"01:,-( _ :', reef. }ncltdnIg l;tlt not limited to the cost of the City's preparaticti and lvviCti Of all I't,'Clulirc'd 'iit.'ii't l n't?iitZl dC CLIi}}u.ItS. .A-C(:or:ll.} tl'e {r'" is Cl:(1t;eCl to ,' t t,, its yy. t .:d Cilli Li LtiA r,tlit iJlt:; lio'll DL1.el,pL? F. This Agreement is intended to set forth procedures and a ftinding mechanism for Developer's payment of all planning and environmental consulting costs and contract law firm costs that will be incurred in connection with the proposed project. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: TERMS OF REIMBURSEMENT AGREEMENT 1. Recitals Incorporated. The foregoing recitals are incorporated into this Agreement. Reimbursement. The City x-vill contract directly with Contract Planner and Contract I. aw Firm to provide planning0 and environmental constilting services and legal services for dii-- proposed project. Developer agrees to reimburse the City for all Contract Planner and Contract Law Firm costs that the City incurs which are related to the proposed project, rhe Contract Planner costs may include charges for various independent contractors working under Contract Planner's supervision (for example, traffic engineering consultants, biological study consultants, etc.). Developer agrees that the Contract Planner and Conti -act Law Firm reimbursement charges will be separate and are in addition to the City's other processing and development fees to be charged to and paid by Developer pursuant to San Rafael Municipal Code Section 3.34.40. Proiect Reimbursement Account, The contract amount of the proposed project before contingency is $55,680 ("the contract amount"). Developer shall pay 50% of the Contract Amount ($27,840.00) to the City within 15 days of receiving the City's request for deposit to a non --interest. bearing Reimbursement Account that will be created by the City's Finance Department for the proposed proccl. lliis amount does not include the 25% FIR J ni administrative fee that is for City stafftirne associated with review of FIR and adininistration of contract. This 25°,() administrative fee ($13,920.00) shall be paid at the time of submittal of the fund for the FIR contract and shall be by a separate check. The City will hold Contract Amount funds in the Reimbursement Account and charge invoices received from Contract Planner and Contract Law Hrin against the Reimbursement Account. The City N�,ill provide Developer with copies of all such invoices, however, Developer agrees that the City may redact portions of the Conti -act Law Firm invoices to protect the City's attorney-client privilege. Within 15 days of De\:cloper's receipt of the City's written notice= that the Reimbursement Account has been i-cdLICed to a balance of less than $5.000.00. Developer agrees to pay the remaining 50% of the Contract A11101111t (27,840.00) to the City to replenish the Reimbursement Awcount, Developer-grees to coritilwe maldnv, s-ich ravn,,:nts t.intil the City is reimbursed for <<I1 t1w Contract Plannerand Conir,,ict I xA Firm costs to the proposed project. Tho 013' 11()!(] 111N f'11}_,LJS 11� i;, the Re it lap, Incl J Accol.11-A until -die City's processing of the proposed prolect Es completed. _\Ithollgli I] -,e ly ;ntended to fund the costs rt-late(i to Contract ReimbUISC111CIlt ;kCCOL111t :S 1161-11M H and Contract I,mv fiilrf, !_)eyeloper .3grc.,cs that the City ma\' collect ally ilipaid devciopnncit 1'ees and relaled to fl'to p?opc','�od PicJc-ct fi'olll flue 11*11nds an t1le lit Account. Any remaining funds in the Reimbursement Account after payment of all fees and costs related to the proposed project shall be refunded to Developer. 4. Automatic Withdrawal of AvOication. Developer's failure to make the payments required by the provisions of Section 3 of this Agreement shall result in all automatic withdrawal of the application for the proposed project. Notwithstanding such automatic withdrawal, Developer shall remain responsible for all amounts due pursuant to this Agreement and shall submit the same for payment to the City within 30 days of the City's demand for payment. After automatic withdrawal of the application pursuant to this Section, should Developer desire to re -apply for approval of the proposed project,. City will require that Developer pay all regular City fees then applicable to initiate processing of a new application. Should Developer fail to make the payments required under this Agreement, or otherwise breach this Agreement, the City will not be obligated to complete any environmental review that has been initiated with respect to the proposed project. 5. Binding Effect of Agreement. 'chis Agreement inures to the benefit of and binds the parties to this Agreement and their respective agents, employees, Successors, and assigns. 6. Relationship of Parties, a. Contract Planner and Contract Law Firm (and their agents and employees) are not employees of the City but instead are independent contractors. b. Contract Planner and Contract Law Firm shall act solely on behalf of the City and shall not be consultants to, representatives of, or agents of Developer. Developer agrees not to communicate with or contact Contract Planner or Contract Law Firm (or any of their respective ('011SUltallIS, of-tews, or employees) ,vithout prior written authorization from the City. e. Developer agrecs that this y,,rccnicnt ;.nid any document execiacd in connection herevvith shall not cause Developer and the City to become joint venturers or partners. d. I his Agreement is made and untcft-d into tor the sole protection and benefit of the parties and their successors and assigns and does not, nor is it Intended to, create any rights in favor of or obligation owing to any third parties. 7. No Entitlemcnts Granted. This,Nprecilicnt pro\Jdes no legal or \ ested right to Developer to secure approval of any development plan, any particular L,:nvilronmental determination under CEQA, or any particular permit or land use entitlement. Accordingly. Developer understands and -wrees that in the performance of their sorvices, inchding die preparation and re\ iew of 4J1 neceqS31'N' "IlVil-011111clit"ll clecilwe"Its. Contract pl,:ni�Ci' fi cl (",rdlact La\N, Firm be Lis acctlratc I -Ind O[Jecti"C as rcl-isom,+!N; pos-siHc. I 1,ic City tnaS deteriniiie the cotirse of proccssino ofthe propos-led project application flim -,pproNal « ill require isuiilce of other perillits ill addition to those llstccl in Recitd B of this At-rcen,"ent, duc to char loeS ill the it' St,ltt' i_, i1" NILITIiCip-Il le th-t- proposed "'roJect, lAI �wd ?-IIIlI'JIlg rc iCIA". Ulle (,.Ity CInrot piculci with accuracy the total costs that the City will incur and charge to Developer concerning the proposed project. Developer agrees that it has not relied (and will not rely) on any estimates that the City may provide in this regard. 8. Notices. All notices required or provided by this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the principal offices of the City and Developer. Notice shall be effective oil the date it is delivered in person, or the date when the postal authorities indicate the mailing was delivered to the address of the receiving party indicated below: Notice to the City; Notice to Developer: Rafli Boloyan, Planning ivlanager Jonathan Parker City of San Rafael Community Monahan Parker, Ino. Develol)mcnt Department 1101 Fifth ,'\rienrie, Suite 300 PO Box 151560 San Rafael, CA 91901 San Rafael, CA 91915-1560 9. Indemnification, Defense and Hold Harmless. With respect to any claim, action, or proceeding arising from this Agreement, Developer agrees to defend and indemnify the City and hold it harmless against all damages, costs and fees that may be incurred by the City 10. Amendments. No amendment of this Agreement shall be valid or binding unless made in writing, signed, and duly" authorized oil behalf of both parties. 11. Administrator, Tile City employee with responsibility for administering this Agreement is Raffi Boloyan, Planning Manager, or other employee as may be designated by the City's Community Development Director. 12. lnte�lratlorl Clause. 1 lits YNtnv°lrrenl, constitutes the lull, final. complete ,ind entire ag;r'eement between the paI ties with respect to the ;subject Inattt-r of this Agfec incnt..:Ind there are Ilk) other terms, obligations, covenants, representations, statements, or conditions except as set forth in this Agreement. No change or arnendrinent to this; Agreement will be effective unless in writing and signed by the parties to this .lgreermnt, Failure to insist upon strict cornpliance with any terns or provision of this Agreement will not be c.leerned to be a waiver of any rights under a subsequent act or failure to act. This Agreeulent specifically supersedes all prior agreements betxween the p.nrties with respect to thu 4ubjcet rnatter of this Agreement. 13. Severabilitv Clause. Should any portion of this Agreemeint be declared void or unenforceable, such portion(s) shall he considered independent and severable 1ronn the remainder, and the validity of the ren ainder snail re°:tl iiin uirA'f ocd. 14. I le fcliin , . 1 ILC Sc;t,t:on iic' atilt. ; ti t r;t .';1Ctl in Lhis .11irec ,cut ai v iinscrted for" corn enience only and shall not affect in any fl im line nicanin;g or it thio A`reement, 4 16. Reoresentation of Conitlrehension. In entering into this Agreement, the parties represent that they have read the Agreement, that they have had the opportunity to review the terms of the Agreement with counsel of their choosing, and that the terms of the Agreement are understood and voluntarily accepted by them. If any dispute or ambiguity should arise in the fixture over the terms of this agreement, neither party will be deemed the drafter of this document. 17. Governinu Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any action arising out of or connected with this Agreement shall be instituted and maintained in the Marin County Superior Court. 1 S. Attornevs' Fees. In any action arising out of this Agreement, the. prevailing I)arty shall he entitled to costs (including non -statutory costs) and ress��nable xttorn� :s' ti : tEe tie tl�f r?;,x, prevailing party or parties. 19. C'ountemarts. The parties may execute this .Agreement in one or more counterparts. each of which shall be deemed an original, but all of which together shall be deemed one and the sante instrument. 20. Authoritv. The person signing this Agreement for Developer hereby represents and warrants that lie/she is fully authorized to sign this Agreement on behalf of Developer. IN ` l'tNESS WHEREOF this .Agreennent has been executed by the patties oil the day and year first above written, i'i`i" �' OF SA T4 RriFAi�,L Z&,tA Nfaircy Nlackle Cit • Mal laocr A F I'ES'I : S T H E R ( . BEIi2NE, City �'Ierk .APPRON LD AS TC) Ft7It & /411 KOBI'Al F. r_ -t 4.1 t l?, c i ;Ntror1xt . ta> : - .Ii)Ir�iII%li Pfll'ICf'i� Its: �� = t i „� � PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP 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 agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 City Attorney 2 Contracting Department 3 Contracting Department 4 City Attorney 5 City Manager /Mayor / or Department Head 6 City Clerk Description Review, revise, and comment on draft agreement. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement, bonds, and insurance certificates and endorsements. Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Completion Date o', Project Manager: Project game. Agendized for Cite Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is o -ver $20.000 on a cumulative basis. PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP 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 agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft 1 3 1 L 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 Council approval, if Council approval ► 1 °t III- necessary(as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager ` Mayor J or Agreement executed by Council authorized Department (lead official.:'t f 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. ACjrctMe>r S>icxllcl Icc ib Ee �l To be completed by Contracting Department: Project Manager: Lo -f / Project dame: Agendized for City Council Meeting �i� v_i UY^ #rcw+m(kr\ of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approx al is required if contract is oN er 520.000 on a cumulati\ c basis.