HomeMy WebLinkAboutPW Corporate Center Planning ServicesAgenda Item No: 3. c
Me'et
Meeting Date: January 21, 2014
SUBJECT: Resolutions authorizing the City Manager to execute two separate Professional Services
Agreements (PSA) for a potential development project at the San Rafael Corporate Center:
1) PSA with Kimley-Horn and Associates, Inc. for environmental review services and
preparation of an Initial Study consistent with the CEQA Guidelines; and
2) PSA with LAK Associates, LLC. for contract planning services to serve as project planner.
RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolutions.
BACKGROUND: In 1998 the City of San Rafael approved PD (Planned Development) District zoning, an
Environmental and Design Review Permit, a Conditional Use Permit and a Development Agreement for
the San Rafael Corporate Center Project (formerly Fair, Isaac). These approvals were subject to
environmental review, pursuant to the California Environmental Quality Act (CEQA). With the assistance
of RBF Consulting, an Environmental Impact Report (EIR) was prepared for the project, and was certified
by the City Council in January 1998.
Since the approval of the center in 1998, the center has developed in accordance with the approved
Master Plan. To date, four of the five approved buildings have been built and are nearly all occupied. One
of the two approved parking structures has been built (at corner of 2nd St/ Lindaro Ave). Based on the
original approval for this site, there are two structures that remain entitled, but yet unbuilt: a four-story
office building (at the corner of 2nd St/Lincoln Ave); and a multi -story parking structure on the east side of
Lincoln Ave, across from the center.
In recent months, the property owner (Seagate Properties) of the center along with one of the major
tenants within the center, BioMarin Pharmaceutical, Inc. (BioMarin), have been exploring potential
changes to the center to add additional research and development space for BioMarin. BioMarin is
considering the filing of an application to amend the PD District, along with associated planning
entitlements. The project will require the preparation of an initial Study and may result in the preparation
of a subsequent EIR, a supplement to the previously certified EIR or a Mitigated Negative Declaration,
based on the potential impacts and findings of the Initial Study.
Given the environmental complexities of the site, the City will need an environmental planning firm, to
provide the guidance to the City on the CEQA process and provide CEQA analysis through the
preparation of an Initial Study. To that end, the principal environmental planner who worked on the
*riginal EIR for RBF Consulting has submitted a proposal for CEQA services on behalf of her new firm,
FOR CITY CLERK ONLY
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Council Meeting: - I )Lt1,,2_C1i-f
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Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa e:
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OPTIONS: The following options may be considered by the City Council on this matter:
1 Accept the proposals for services and authorize the City Manager to execute two separate
Professional Services Agreements with Kimley-Horn and LAK Associates.
2. Revise the proposal based on City Council discussion.
3. Continue and request additional information.
ACTION REQUIRED: It is recommended that the City Council adopt the Resolutions.
ATTACHMENTS:
1. Letter from Seagate Properties and BioMarin, agreeing to City hiring contract services for processing
of development application at San Rafael Corporate Center
2. Draft City Council Resolution for Kimley-Horn and Associates, Inc (includes Professional Services
Agreement and Scope of Work)
3. Draft City Council Resolution for LAK Associates, LLC (includes Professional Services Agreement
and Scope of Work)
4. Reimbursement Agreement
RESOLUTION NO, 13668
RESOLUTION / RAFAEL CITY COUNCIL AUTHORIZING
MANAGER
♦ 1 AGREEMENT
♦ ASSOCIATES,
♦ AS PROJECT
PLANNER LAND USE
ENTITLEMENT AMENDMENTS
PROPOSED AT THE
SAN RAFAEL CORPORATE CENTER PROJECT
(Tenn of Agreement: from January 21, 2014 to July 21, 2015, for an amount not to Exceed $40,000)
WHEREAS, in 1998 the City of San Rafael approved PD (Planned Development) District
zoning, an Environmental and Design Review Permit, a Conditional Z...Tse Permit and a Development
Agreement for the San Rafael Corporate Center Project (formerly Fair, Isaac). The approvals
authorized redevelopment of a 15.54 -acre site located south of Second Street with a 406,000 square -
foot office park; and
WHEREAS, the planning approvals granted for the San Rafael Corporate Center were subject
to environmental review. An Environmental Impact Report (EIR) was prepared for this project and
was certified by the City Council in January 1998; and
WHEREAS, the owner of the San Rafael Corporate Center project site, Seagate Properties,
and a major tenant at the center, BioMarin, are considering changes to the office park, including the
consideration of modifications and City approvals for a revised development involving the addition of
building area for research and development use; and
WHEREAS, the applicant desires certain timelines and focus to their proj ect that city staff is
not able to meet given the current workload and staffing levels. The applicant has requested that the
City hire a contract planner to serve as project planner. The owner and applicant have agreed to pay all
costs associated with the hiring of an outside planner, and agree that the planner will be hired by the
City and work under the direction and on behalf of City, and
WHEREAS, 1 Associates,
M r I prepared I proposal ` services
a a • , contact
project
, a +• ,nd ` estimated
complete
r development
r rr ar process
billingat an hourly
rate of $132/hour, which is provided as Exhibit "A"'; and
WHEREAS, proposal for services s not -to -exceed
rr +firr $40,000,
includes project planner r estimated
M ri a • a review
a r project
accordance a procedures;
r !
WHEREAS, developer
i a
completion s
planner through development standard if
tion
fees for any required �/ entitlements staff ♦ associated r
.w
contract management iproject a
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of ! I
fa
does authorize Manager to execute, on
behalf # Rafael, If r a
u.
for
Professional
Services Associates,
BE IT FURTHER RESOLVED, the Agreement is subject to approval as to form by the City
Attorney.
1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City
held on Tuesday, the 21 st day of January, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillip.!,
ESTHER C. BEIRNE, City Clerk
Exhibit A: Professional Services Agreement between City of San Rafael and LAK Associates, with
Attached LAK Associates Planning Services — San Rafael Corporate Center, November
17, 2013
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This Agreement is made and entered into this 21 aay of January 2014, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and LAK ASSOCIATES, LLC (hereinafter
"CONTRACTOR").
WHEREAS, the property owner and a major tenant at the San Rafael Corporate Center
have expressed interest in pursuing changes to the adopted master plan for the San Rafael Corporate
Center; and
WHEREAS, amendment to the Master Plan for the San Rafael Corporate Center would
require planning entitlements including, but not limited to a Design Review Permit, Use Permit,
Planned Development Rezoning and Sign Program amendment, and
WHEREAS, given the current workload of City staff, the CITY has determined that
professional planning services are needed to supplement the existing staffing through assignment of
this project to an experienced planning consultant with the capacity and expertise to process a
project of this nature.
"EREAS, CONTRACTOR has submitted its proposal for the performance of services, which is
attached hereto and incorporated by reference herein; and
VYWEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing
to perform such professional services as hereinafter defined.
UMBIDIUVINM
��,T= trom
I . PROJECT COORDINAT
A. CITY. The City Manager shall • the `• of the CITY for all purposes
under this Agreement. The Planning Manager is hereby designated the PROJECT MANAGER for
the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution
of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Sean Kenm*ngs of LAK Associates, is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the
CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide professional services as Contract
Planner, including review of plans and application materials, correspondence with applicant and
public and City staff, coordination and management of City's review of project, preparation of staff
reports, analysis of project for consistency with adopted Plans and Ordinances. ? i nese services shall
be performed under the supervision of the Planning Manager, in conjunction with the CITY's
procedures for processing development entitlements and shall include the tasks described in
Attachment "A'% incorporated herein.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone
and computer facilities. CITY shall provide CONTRACTOR with copies/sets of project plans and
materials, historical files on this development, local plans, ordinances and reports that are pertinent
to the project that has been assigned to the CONTRACTOR. The CITY shall provide
CONTRACTOR with supervision and direction on processing the development application in
accordance with local procedures.
4. COMPENSATION,
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR an hourly rate of $132.00 per hour. The billing amounts authorized under
this agreement shall not exceed $40,000.00. Upon mutual agreement of the parties, and subject to
the written approval of the City Manager, the total billing may be increased by an additional
$ 10,000, to a total of $50,000.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The ten -n of this Agreement shall be for 18 months commencing on January 21, 2014 and
ending on July 2L, 2015. Upon mutual agreement of the parties, and subject to the written approval
of the City Manager, the term of this Agreement may be extended for an additional period of 12
I onths.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
* , I
B. Cause. Eitner party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination to the reasonable satisfaction of the party giving such
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notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITYthe following insurance policies:
A commercial general liability insurance -policy in the minimum amount of
*ne million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
teath, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence.
B. The insurance coverage required of the CONTRACTOR by section 10. A., shall
also meet the following requirements:
1. Except for professional liability insurance, the insurance policies shall be
specifically 1
peci ically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
2. The additional insured coverage under CONTRACTOR'S insuranciv
policies shall be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution. The "pfimary and
noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form
CG20 0104 13.
3. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
4. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) days written notice to CITY's PROJECT MANAGER.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance,, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's
compensation insurance shall be specifically endorsed to waive any right of subrogation against
CITY.
D. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement)
before CITY'S own insurance or self-insurance shall be called upon to protect it as a named
insured.
shall be a requirement under this Agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirements and/or limits
shall be available to CITY or any other additional insured party. Furthermore, the requirements for
coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured, whichever is greater.
F. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not
reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall
provide or be endorsed to provide that the SIR may be satisfied by either the named insured or
CITY or other additional insured party. At CITY's option, the deductibles or self-insured
retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or
CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations,
claims administration, attorney's fees and defense expenses.
G. CONTRACTOR shall provide to the PROJECT MANAGER or City Attorney: (1)
Certificates of Insurance evidencing the insurance coverages required in this Agreement; (2) a copy
of the policy declaration page or endorsement page listing all policy endorsements for the
commercial general liability policy, and (3) excerpts of policy lang!!a-ge or specific endorsements
evidencing the other insurance requirements set forth in this Agreement. CITY reserves the
vi
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise
it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and
the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the
fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and
hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The Contractor's obligations apply
regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S performance of or operations under this
Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City Indemnitees their costs of defense, including reasonable attorneys'
fees incurred in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8. CONTRACTOR shall, to the fullest extent permitted by law,
0
indemnify, release, defend and hold harmless the City Indemnitees from and against any
CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR in the performance of its duties and obligations under this
Agreement or its failure to comply with any of its obligations contained in this Agreement,
except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATIOA,..
I
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Raffi Boloyan, Planning Manager
City of San Rafael
1400 Fifth Avenue (P.O. Box 151560)
San Rafael, CA 94915-1560
To CONTRACTOR: Sean Kennings
LAK Associates
3030 Bridgeway, Suite 103
Sausalito, CA 94965
•. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. - 'ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
T. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
iSET-OFF AGAINST DEBTS.
CONTRACTOR agrees f M deduct # payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, • contract or # # for any unpaid taxes,
unpaid checks or amounts.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or .r law or #shallnotbe deemed tobe . waiver
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law,, ordinance or regulation.
20. COSTS AND ATTORNEYS FEES.
The prevailing party in any action brought to enforce the ten -ns and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXEJ
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer
identification number is 68-0485617, and CONTRACTOR certifies under penalty of perjury that
said taxpayer identification number is correct.
al
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the -parties have executed this Agreement as of the day, month
and year first above written.
XP."V
NANCY MACKLE, City Manager
ESTHER C. BEI E, City Clerk
XMWA
ROBERT F. EPSTEIN, Cuty Att,
WB���
X1101 P4 - 1L
By:
Name: �i ��'ti �1L1 nS I W �
Title: 11�Allt-11Q C7n-
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Attachment A: LAK Associates Planning Services — San Rafael Corporate Center,
November 17, 2013
LAK ASSOCIATES, Lf.0
30i�Bridg - '. t
,eway, 1, -wile 1071 Sausalito, CA 9496-5)
tv L (41 5T) 31-1 - 4551 f ixv (41 E51) NVI -4,357/1
Raffi Boloyan
Planning Manager
City of San Rafael Community Development Department
1400Stn Avenue,
San Rafael, CA 94915
RE: LAK Associates Contract Planning Services — San Rafael Corporate Center
Raffi --
1
I am writing to notify you of my availability to assist the City of San Rafael with planning services related
to the processing of a Planned Development (PD) Amendment and associated approvals for a project at
the San Rafael Corporate Center, San Rafael, CA.
LAK Associates can provide contract planning services to process a new project at the San Rafael
Corporate Center that will require an amendment to an existing PD, approvals from the Design Review
Board and Planning Commission, and environmental review pursuant to the California Environmental
Quality Act (CEQA). We will provide planning services necessary to process the applicant's permit
materials including, preparation of staff reports, coordination with the CEQA consultant, and attendance
at meetings with the applicant,. City staff and other consultants needed to further the applicant's
objectives. LAK Associates will also represent the City at any and all public hearings required for final
approvals.
LAK Associates has the sufficient staff resources and capability required to perform the work requested
for this project and can provide these services based on a time and materials scope of services
agreement for a billing rate of $132 per hour. This fee schedule is consistent to the San Rafael Planning
Department billing rates for such projects. We understand that the project may begin in December
2013 and continue through the spring of 2014.
Thank you for your consideration, we look forward to working with you.
Sean Kennings
planning consultant
LAK Associates. LLC
LAK ASSOCIATES, LLC
3M BrW"ay, Suite 103, Sau to, CA 94%5
teL (415) 331 - 4551 fax: (415) 3M4573 itiftY sscvia�com
Raffi Boloyan
Planning Manager
City of San Rafael Community Development Department
14005 th Avenue,.
•
11W MW
RE: LAK Associates Contract Planning Services — San Rafael Corporate Center
Raffi —
I am writing to notify you of my availability to assist the City of San Rafael with planning services related
to the processing of a Planned Development (PD) Amendment and associated approvals for a project at
the San Rafael Corporate Center,, San Rafael, CA.
LAK Associates can provide contract planning services to process a new project at the San Rafael
Corporate Center that will require an amendment to an existing PD, approvals from the Design Review
Board and Planning Commission, and environmental review pursuant to the California Environmental
Quality Act (CEQA). We will provide planning services necessary to process the applicanVs permit
materials including, preparation of staff reports, coordination with the CEQA consultant, and attendance
at meetings with the applicant, City staff and other consultants needed to further the applicant's
objectives. LAK Associates will also represent the City at any and all public hearings required for final
approvals.
LAK Associates has the sufficient staff resources and capability required to perform the work requested
for this project and can provide these services based on a time and materials scope of services
agreement for a •billing rate of $132 per hour. This fee schedule is consistent to the San Rafael Planning
Department billing rates for such projects. We understand that the project may begin in December
2013 and continue through the spring of 2014.
Thank you for your consideration, we look forward to working with you.
•
Sean Kennings
planning consultant
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attach this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services aueements/co n tracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
Description
Completion
Department
Date
I
City Attorney
Review, revise and comment on draft
A L/
A14 x
agreement.
2
Contracting Department
Forward final agreement to contractor for
their signature. Obtain at least two signed
originals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
\0
Council approval, if Council approval
necessary (as defined by City Attorney/ ity
Ordinance*).
4
City Attorney
Review and approve form of agreement;"
bonds, and insurance certifi ates and
endorsements. t)r %
5
City Manager Mayor or
Agreement executed by Council authorized
Department Head
official.
6
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
contracting department.
To be completed by Contracting Department:
e""vl
Pit /I v% A i
I
ef
Project Manager.
(ot-
Agendized for City Council Meeting of (if necessary):
If you have questions on this process, please contact the City Attorney's Office at 485-30801
* Council approval is required if contract is over $20,000 on a cumulative basis.
DATE(MWDI� f�
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ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
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NUMBER
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DATE MMIDDNY
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A EYMM /DD�� N
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PREMISES Ea occur $ 300-1000
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1 CLAIMS MADE [:X:1 OCCUR
PERSONAL&ADVINJURY$ 2 1 0, 0,0-j. OOQ
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07/28/2013
47/28/2014
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AUTOMOBILE LIABILITY
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COMBINED SINGLE LIMIT
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07/28/2414
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E.L. DISEASE -POLICY LIMIT $
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07/28/13 07/28/14
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MANAGEMEM, BUSINESS AND TECHNICAL PROFESSIONAL LIABILITY CONSULTANT
CERTIFICATE HOLDER NAMED BELOW IS NAMED AS ADDITIONAL INSURED BUT ONLY WITH
RESPECT TO LIABILITY
HOLDERCERTIFICATE
CANCELLATION
1 -CITY OF SAN x
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ATTN.'
COMMUNITY DEVELOPMENT xf
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CERTIFICATENOTICE TO THE HOLDER NAMED BUT FAILURE
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INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE, OREESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM No. 3. c
FROM: Raffi Boloyan, Planning Mananger
DEPARTMENT: Community Development
DATE: January 10, 2014
TITLE OF DOCUMENT:
1. Resolution of The San Rafael City Council Authorizing The City Manager to Execute an Agreement for
Professional Services with LAK Associates, LLC to Serve as Project Planner for Land Use Entitlement
Amendments Proposed at The San Rafael Corporate Center Project (Term Of Agreement: From
January 21, 2014 To July 21, 2015, For An Amount Not To Exceed $40,000)
2. Resolution of the City Council of the City of San Rafael authorizing the City Manager to execute an
Agreement for Professional Planning Services with Lisa Newman (d.b.a Newman Planning Associates)
for assistance needed to prepare an Initial Study and Environmental Impact Report (EIR) for the
redevelopment of four parcels located at 809 B St and 1212 and 1214 Second St, a nd
3. Reimbursement Agreement
Department Hd (signature)
1011011 N N 11 ONOM
4 -
Of a'4, lu�
BOARD OF DIRECTORS
William Carney, President
Bob Spofford, Vice President
Jerry Belletto, Secretary
Tamara Hull, Treasurer
Greg Brockbank
Bob Brown
Jim Geraghty
Katherine Jain
Kay Karchevski
Kiki La Porta
Lisa Max
Gail Napell
Sue Spofford
166 Greenwood Avenue
San Rafael, CA 94901
415.457.7656
January 20, 2014
San Rafael City Council
City Hall
1400 5th Avenue
San Rafael, CA 94901
Honorable Mayor and Council Members,
I would like to request that item 3.c relating to Corporate Center EIR work
be removed from the consent agenda for tonight's Council meeting to allow
for fuller discussion.
According to the staff report and attached consultant letter proposal,
Biomarin is considering building an additional 85,000 sq. ft. 'lab' building
on the west parking lot of the Corporate Center campus, in addition to the
already -approved offices and parking garage to be built on Second Street.
This is great news in terms of the employment and vitality that the project
could bring to Downtown and the Station Area, and its endorsement of
Downtown San Rafael as a great place to do business.
Since this new building clearly requires City approval, which is at the
complete discretion of the City, it may also offer the opportunity to
negotiate public use (and potential enlargement) of the new garage to
relieve some of the parking burden that is encumbering proper development
of smaller downtown parcels, as described in the Station Area Plan.
Sustainable San Rafael urges the City to adopt a proactive and
entrepreneurial spirit in pursuing a public/private partnership to realize and
catalyze the full potential of this gateway area to downtown San Rafael.
We applaud that the EIR work includes an updated parking -demand study
anticipating the positive impact of SMART on commuter driving. While the
additional lab space will certainly require parking, it may be that greater
availability of and incentives for transit use can reduce the overall parking
needs of the campus.
We also welcome the data that the EIR work can provide to help mitigate
Sea Level Rise, freeway air quality impacts, energy and water demands, and
other sustainability concerns, all of which need to be factored into
optimizing the future of our downtown, and the Station Area in particular.
William Carney,
President