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2004-08-04 ARRA packet
AGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority ******** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Wednesday, August 4, 2004 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. 2 -A. Recommendation to approve an amendment to the Bessie Coleman Court Inc. Legally Binding Agreement and Property Lease extending the term from April 30, 2058 to September 30, 2059. 3. PRESENTATION 3 -A. Presentation /update on Alameda Point Navy Negotiations and Land Use Planning. 4. REGULAR AGENDA ITEMS 4 -A. Recommendation to approve a contract amendment with Northgate Environmental for environmental consulting services at Alameda Point for FY 2004 -05 in the amount of $200,000. 5. ORAL REPORTS 5 -A. Oral report from APAC. 5 -B. Oral report from Member Matarrese, RAB representative. 5 -c. Oral report from the Executive Director (non- discussion items). 6. ORAL COMMUNICATIONS, NON- AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 7. COMMUNICATIONS FROM THE GOVERNING BODY ARRA Agenda — August 4, 2004 Page 2 8. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 8 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy, and Alameda Point Community Partners Price and Terms Announcement of Action Taken in Closed Session, if any. 9. ADJOURNMENT This meeting will be cablecast live on channel 15. The next regular ARRA meeting is scheduled for Wednesday, September 1, 2004. Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Frankel at 749-5800 at least 72 hours before the meeting to request an interpreter. ■ Accessible seating for persons with disabilities (including those using wheelchairs) is available. ▪ Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. City of Alameda Inter - office Memorandum July 21, 2004 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Jaynes M. Flint Executive Director Re: Recommendation to Authorize the Executive Director to Execute an Amendment to the Bessie Coleman Court Inc. Legally Binding Agreement (and Property Lease) Extending the Teen from April 30, 2058 to September 30, 2059 Background In conjunction with executing a June 2000 Purchase and Sale Memorandum of Agreement (MOA) with the Alameda Reuse and Redevelopment Authority (ARRA), the Department of the Navy entered into a Lease in Furtherance of Conveyance (LIFOC) with the ARRA. The LIFOC enables the ARRA to sublease the various facilities at Alameda Point for purposes as set forth in the Community Reuse Plan. As required by the federal Base Closure and Community Redevelopment and Homeless Assistance Act of 1994, the ARRA has worked with the Alameda County Department of Housing and Community Development and an organized group of homeless service providers, currently known as the Alameda Point Collaborative (APC), to identify 200 housing units which, when rehabilitated and occupied, would constitute a reasonable accommodation of the homeless at Alameda Point. The ARRA has entered into 15 -year subleases with all six homeless providers at Alameda Point, including the San Leandro Shelter for Women and Children, now referred to as Bessie Coleman Court Inc (BCC Inc.). The BCC Inc. project provides 52 transitional and permanent housing units, including on -site tenant services, for low and/or very -low income homeless individuals and families recovering from domestic violence. It was intended that the 15 -year subleases, while allowing short - terra financing and rehabilitation of housing units to proceed in 1999, would be replaced by a 59 -year Legally Binding Agreements and Property Leases (LBA's) as soon as practicable. The form of the LBA was negotiated by the ARRA and APC and approved by all parties and HUD in 1996. The forrn of the LBA was modified in 2001 to provide lender and mortgagee protection provisions in order to facilitate financing for all APC projects, including the BCC Inc. project. The LBA' s are intended to have a term of 59 years from the commencement date of each homeless provider's interim sublease. Discussion The BCC Inc. LBA, as drafted, will expire on April 30, 2058. The State of California Department of Housing and Community Development, which has authorized approximately $500,000 in loans to BCC Inc., recently notified the City that BCC Inc.'s loan awarded through Dedicated to Excellence, Committed to Service Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority July 21, 2004 Page 2 its Families Moving to Work program statutorily requires recordation of a 55-year affordable housing regulatory agreement. The State is preparing to record the regulatory agreement on September 30, 2004. In order to accommodate State regulations and allow State funding to proceed, the term of the BCC, Inc. LBA. must be extended from April 30, 2058 to September 30, 2059. Fiscal Impact There is no fiscal impact to extending the term of the BCC, Inc. LBA by 17 months from April 30, 2058 to September 30, 2059. Recommendation The Executive Director recommends that the ARRA Governing Board authorize executing the attached Amendment to the Bessie Coleman Court Inc. Legally Binding Agreement extending the Term from April 30, 2058 to September 30, 2059. PB /EC :if Attachment: BCC, Inc. LBA Amendment 41 Respectfully submitted, Paul Benoit Deputy Executive "rector Stephen Proud Alameda Po` oject Manager By: izabe J. •ook Develop i en Manager — Housing Dedicated to Excellence, Committed to Service Recording Requested by and After Recordation, Mail to: Alameda Reuse and Redevelopment Authority 950 West Mali Alameda, CA 94501 -5012 Attention: Base Reuse and Redevelopment Manager Recorded for the Benefit of the City of Alameda Pursuant to Government Code Section 6103 Mail Tax Statements to: Bessie Coleman Court, Inc. 1395 Bancroft Avenue San Leandro, CA 94577 Attention: Executive Director APN FIRST AMENDMENT TO LEGALLY BINDING AGREEMENT AND PROPERTY LEASE THIS FIRST AMENDMENT TO LEGALLY BINDING AGREEMENT AND PROPERTY LEASE ("First Amendment"), is entered into as of 2004 ("Effective Date"), by and among the Alameda Reuse and Redevelopment Authority, a joint powers authority formed under California law, thereinafter the "ARRA"), Alameda County, through its Department of Housing and Community Development, a political subdivision of the State of California thereinafter " HCIY "), the Alameda Point Collaborative, Inc., a California nonprofit public benefit corporation (hereinafter the "Collaborative ") , and Bessie Coleman Court, Inc., a California nonprofit public benefit corporation thereinafter the "Provider "). Collectively all the signatories to this Agreement are referred to as the "Parties ". 1. RECITAI.jS This First Amendment is entered into upon the following facts, understandings and intentions of the Parties: A. The Parties entered into a Legally Binding Agreement and Property Lease dated as of , 2004 (the "Original Agreement ") for a subleasehold interest in certain real property described in the Original Agreement and on Exhibit A attached hereto, which shall be amended by this First Amendment. This First Amendment, together with the Original Agreement hereinafter shall be referred to collectively as the "Agreement." B. The Parties desire to amend the Agreement in the manner set forth herein to accommodate the requirement of the Families Moving to Work program guidelines for the preservation often (10) affordable units at the Project (as defined in the Agreement) for fifty -five (55) years. AGREEMENT NOW THEREFORE, in consideration of the terms, conditions and covenants set forth below and other good and valuable consideration, the Parties hereto agree as follows: 1. Section 2(a) of the Agreement is hereby amended to extend the Term from April 30, 2058 to September 30, 2059. 2. This First Amendment may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. 3. Except as otherwise expressly modified by the terms of this First Amendment, the ,Agreement remains unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties, by and through representatives duly authorized to act, have executed this First Amendment as of the date first written above. ARRA: ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, a joint powers authority y formed under California law By: Name: Its: 2 Approved as to form: By: Name: Its: HCD: ALAMEDA COUNTY HOUSING AND COMMUNITY DEVELOPMENT, a political subdivision of the State of California By: Approved as to form: Name: By: Its: Name: Its: COLLABORATIVE: ALAMEDA POINT COLLABORATIVE, INC., a California nonprofit public benefit corporation By: Name: Its: PROVIDER: BESSIE COLEMAN COURT, INC., a California nonprofit public benefit corporation Name 7Dotniel 1.4��Its: loctrot_ ?redfr- STATE OF CALIFORNIA ) ss COUNTY OF } On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshe /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ss COUNTY OF Signature of Notary Public , before me, , Notary Public, personally appeared [SEAL] perSenaJ .f-o1r-to me or proved to me on the basis of satisfactory evidence) to be the persons whose namec,s1 is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /h th -eir�- � y rv� signatures) on the instrument the person(s), or the entity upon behalf of which the person(s)iacted, executed the instrument. WITNESS my hand and official seal. GRACE!. SUN HARiE' Co nmisskm # 1 398437 Notary Public - California t Alameda County My Comm. Expires Feb 9, 2007 Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) } COUNTY OF SS On 1/4/g-4-'-i � ,before me, /�e,11�L --lam �, .��yi�� , Notary Public, personally appeared 23 - , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person} whose name(-4- isFafe subscribed to the within instrument and acknowledged to me that he/-she%hey executed the same in his /lit -heif authorized capacity(i.gs)., and that by hisAher /thekr- signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ss COUNTY OF ) §ignature of Notary Public RONALD E. SCHRECK Comm. No. 1423641 E NOTARY PUBLIC , CALIFORNIA 03 SANTA CLARA COUNTY Y Comm. Exp. June 10, 2007 [SEAL] On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAT.,] Presentation to the ARRA Board rooz `t isanv rir: crq 5 a c-1., --,- › P 0 Cfci '-' Et. rts,. UP E � � f-t. Uo n 0 Ir ■ ss tit va • OUO3EI aojaeaQ. re) • 0 0 o • C1) vc '72 a m 0 z a� C-15 • • Cfc? CD c� (11) 0 c:)' • uoiwipnuj fivso b� et,. (Yr) em: 0.4 c,f) frit d et) 0-1. e.4.- 'on:gd �-d y =.1 e'D =.1 ›' ›' PCi Ci) r-1 Z a c)., ,. phD cr $T'' n c1-5- � o "'it CID -t:) cl P E . 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They have reviewed and analyzed Navy environmental documents for the clean -up of East Housing, FISC Alameda Annex (FISCA) and the Alameda Naval Air Station (Alameda Point). They provide comments to the Base Reuse staff and represent the city at regular meetings of the regulatory agencies and the Navy, and provide professional expertise to ARRA staff to allow full participation in the cleanup decisions made by the Navy. Discussion Northgate's existing contract (as amended) for FY 03 -04 will expire on August 30,2004. The proposed contract amendment will extend the terra of the contract to June 30, 2005 and will increase the contract by S200,000 to cover the proposed scope of services for FY 04 -05. During FY 04 -05, Northgate will provide technical support to the City /ARRA staff for current and future environmental remediation activities at Alameda Point. In addition, Northgate will support the current discussions with the Navy related to the conveyance of Alameda Point and they will provide technical assistance in the development of a Preliminary Development Concept for Alameda Point. Specifically, Northgate will attend all Base Closure Team (BCT) meetings, attend regularly scheduled ARRA Land Use and Conveyance Team meetings, attend ARRAINavy negotiation meetings (as requested), and attend other technical meetings that may be necessary to support conveyance of Alameda Point. In addition, Northgate will review all technical documents including reports and work plans and prepares comments on behalf of the City /ARRA that will support the successful transfer and redevelopment of Alameda Point. Fiscal Impact The $200,000 contract will be funded by bond funds secured by Alameda Point lease revenues to fund the ARRA led pre - development period planning activities at Alameda Point. Dedicated to Excellence, Committed to Service Honorable Members of the Alameda Reuse and Redevelopment Authority Recommendation July 19, 2004 Page 2 The Executive Director recommends that the Alameda Reuse and Redevelopment Authority approve a contract amendment with Northgate Environmental for environmental consulting services at Alameda Point for FY 2004 -05 in the amount of $200,000. Respectfully submitted, aul Benoit Deputy Executive - ctor By: Stephen Proud Alameda Point Project Manager Attachments: Contract Amendment - Northgate Environmental Management, Inc. Dedicated to Excellence, Committed to Service G:IComdev\Base Reuse& Redevp\ARRA \STAFFREP\2004\8 August\4 -A Northgate.doc SECOND AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this day of August 2004, by and between ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, a Joint Powers Authority, (hereinafter referred to as ") and NORTHGATE ENVIRONMENTAL MANAGEMENT, INC., a California corporation, whose address is 3629 Grand Avenue, Oakland, CA 94610 (hereinafter referred to as ` "Consultant "), is made with reference to the following RECITALS: A. On July 2, 2003 an agreement was entered into by and between ARRA and Consultant (hereinafter "Agreement "). B. On June 30, 2004, an amendment to this agreement was entered into by and between ARRA and Consultant. C. ARRA and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1 ( "Term ") of the Agreement is modified to read as follows: "The term of this Agreement shall commence on the 2nd day of July 2003, and shall terminate on the 30th day of June 2005, unless terminated earlier as set forth herein." 2. Paragraph 2 ( "Services to be Performed") of the Agreement is modified to read as follows: "Consultant shall perform each and every service set forth in Exhibit "A" and Exhibit "A-1", which are attached hereto and incorporated herein by this reference." 3. Paragraph 3 ( "Compensation to Consultant ") of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount not to exceed $206,000.00 (Exhibit "A ") and $200,000.00 (Exhibit "A-1"). 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Northgate Environmental Management, Inc. August 2004 Page 1 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. NORTHGATE ENVIRONMENTAL MANAGEMENT, IN C . 7 -ar -o4 By: C'teve P4UL WU 55-6-1-1- Title: e,pie ci�✓,g,�, Date: - 4, ALAMEDA REUSE & REDEVELOPMENT AUTHORITY James M. Flint Executive Director Date: RECOMMENDED FOR APPROVAL: rail' Benoit Assistant City Manager Date:`` Stephen A. Proud Alameda Point Project Manager Date: APPROVED AS TO FORM: Teresa Highsmith Assistant City Attorney Northgate Environmental Management, Inc. August 2004 Page 2 AMENDMENT TO AGREEMENT 4`1 Th s Amendment o f the Agreement, entered into this 7Qt' day of June 2004, by and between ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, a Joint Powers Authority, (hereinafter referred to as ") and NORTHGATE ENVIRONMENTAL MANAGEMENT, INC., a California corporation, whose address is 3629 Grand Avenue, Oakland, CA 94610 (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. on July 2, 2003 an agreement was entered into by and between ARRA and Consultant (hereinafter "Agreement ") . B. ARRA and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1 ( "Term ") of the Agreement is modified to read as follows: "The term of this Agreement shall continence on the 2nd day. of July 2003, and shall terminate on the 31st day of August 2004, unless terminated earlier as set forth herein." 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. NORTHGATE ENVIRONMENTAL MANAGEMENT, INC. By: ?2&f? [j55eG L Title: 7IAJOP,4L Date: 6 4, ALAMEDA REUSE REDEVELOPMENT AUTHORITY /Jame '• :Flint Exec tive Director Date: RECOMMENDED FOR APPROVAL: Pr .1 Lr A! caul Ben•'t Assistant City Manager Date: C7'Q<t 0 cie Northgate Environmental Management, Inc. June 2004 Page 1 .1. /4 14-uvx .L.Lue: ex Client #: 8665 N ORTH ENVI1 rage: UuG -uu4 ACORJ1 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Dealey, Renton & Associates PM Box 12675 C ,nd, CA 94604 -2675 510 465 -3090 David Eckman DATE (MM /DD /YY) 01/23/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED 1 Northgate Environmental Mg mt., Inc. 3629 Grand Avenue Oakland, CA 94610 INSURER A: American Intl Specialty Lines Ins INSURER B: INSURER C: NSURER D: INSURER @: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERZI. ICATE MAY BE ISSUED OI1 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDfONS OF SUCH] POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JNSFt LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE LATE (MMIDD /YYI POLICY EXPIRATION DATE IMM/DDlYY ' LIMITS A GENERAL LIABILITY ' COMM 13RCLALGENEIZALLIABIL1TY TBD Claims Made Occur. Basis 01/22/04 01/22/05 P.ACH OCCURRENCE $ 3,000,000 $.100,000 5.10000 :.. x FIRE DAMAGE (Any one fire) CLAIMS MADE }[ OCCUR MED LXP (Any one person) X Prof. Liability PERSONAL & ADV INJURY £ 3.000,000 E3.000,000 X Pollution Liab. GENERALAGGRB.GATE CL' N`L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP ACG $ 3,000,0O0 x POLICY PRO- LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accitkr) S BODILY INJURY (Per peraan) BODILY INJURY (Pr ncc idcrit) PROPERTY DAMAGE (Per 2lcG ident) S L GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT b CTHBR THAN EA ACC 5 AUTO ONLY: AGG EXCESS LIABI LITY _ .a . rill EACH OCCURRENCE 5 OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 5 AGGREGATE 5 5 5 WORI{ER5 COMPENSATION AND EMPLOYERS' LIABILITY pprOV iriTT)', CI iik...__ A 11111 , . TL 11 , a itt WC 5T'ATU- C 'H- STORY LIMITS PR E.L. EACH ACCIDENT 5 E.L. DISEASE - EA BM PL OYES 5 E.L. DISEASE - POLI CY LI3M T 5 OTHER . s .�� jst� • ... DESCRIPTION OF OPERATIONS/LOCAT IONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY ADDITIONAL INSURED: Alameda Community Improvement Commission (CIC), City of Alameda, its City Council, boards, commissions, officers, employees and volunteers. CERTIFJCATE HOLDER ADD iTION AIL IN 5 URE D; INSURER LETTER: CANCELLATION J City of Alameda Attn: Susan Fassiotto 950 West Mall Square, #110 Alameda, CA 94501 SHOULD ANY OFTHLABOVE DESCRIBED POLICIES BE CANCELLED BEFORETH5EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLENDEAVOR. TOMAIL,`0 DAYS W RrVPISN NOTICE TOTHE CERTIFICATE H OLDER NAMED TOTH E LEFT, BUTFAILURE TOD©SOSHALL IM POS E N D OB LIGATION OR LIAR ILITY OF AN Y KIND UPON THE INSURE R; ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25 -8 (7197) 1 of 1 #M98223 DCE © ACORD CORPORATION 1988 d. Your legal representative if you die, but y with respect to duty as such. That representative will have an your rights .aid duties under the applicable coverage pars,. 3. With respect to "mobile equipment" registemi in your name under any motor vehicle region law, any person is an insured while driving such equipment along a public highwaY with your Permission. Any othc= person or organization responsible for the • conduct of such person is also an Insured but o with respect to liability g pe equipment, and only pe � y l� arising out of the operation of the if no otter insurance of any kind is available to that person or that organization for this lability. However, no person or organization is insured with respect to a. "Bodily injury" to a ea "employee" of the person driving the equipment or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4, Any organization you newly acquire or form, otter than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Irlsured If there is no other si milir insurance available to that organization. HawevCr: a, average under this provision is afforded only uruil the 30 day after you acquire or form the organization or the end of the "policy period", whichever is earlier; b. Coverage does not apply to "bodily injury or '`property damage" that occurred, or "covered operations" or "professional servers" that were performed before you acquired or tbmieti the organization: and c_ Coverage does not apply to "personal and advertising injury" wising out of an off:nse v,orr mitted before you acquired or ford the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Hared Insured in the Declarations. 5. Linder COVERAGE ?ARTS ONE and IWO, your clients shall be added as insureds under this policy but only: a. When required by written contract executed and effective before the performance of "your work" or "covered operations"; b. For "lily injury ", "property damage" or "ciaim expense" arising out of the performance of `your work" or arising` out of a "pollution event" resulting from your performance of "covered operation(s)" or "completed operation(s)" of the "covered ope iori(s ., and only if the "bodily injury ", °'proper y damage" or "claim expose" is otherwise covered under the terms and conditions of this policy; and c. For those amounts required by written contract not to exceed the Lints of Insurance of this policy. The coverage provided shall not apply to "bodily injury'', "property damage ", "damages" or "claim expense- t the extent based upon or arising from the negligence or the acts, errors or omissions of the client. 6. Any other person or entry endorsed onto this policy as an insured Section IL Extended Reporting Period - applicable to COVERAGE PART TIIREE only L You shall be entitled to an automatic extended reporting period without additional charge upon termination of coverage as de£ned in this section. Thai period starts at the end of the "policy � y neriotl" and lasts for thirty days. 2. In addition to the automatic extenkd reporting period you shall be entitled to purchase an extended reporting period of up to three years in duration, except in the event of nonpayment of premium. The charge for an extended reporting period of up to three years in duration shall be not more than one hundred percent of the premium per ''policy period'. The extended reporting period of up to three years in duration starts when the automatic extended repotting period set forth in the above paragraph ends. 3. Upon payment of such additional premium we shall issue an Endorsement providing for an extended reporting 'od of up to three years in duration provided that you: period p a. Make a written request for such Endorsement which we receive within thirty days after termination of coverage as denied herein; and b. Pay the additional premium when due. If such additional premium is paid when du*, the extended reporting period may not be canceled by us provided that all other MIMS and conditions of the policy arc met. ADproved as to }i CITY ATTORNEV STF•E5P- 100-8 VI (IvtIz) Pip 14 of 10. INSURANCE: On or before the commencement of the terms of this Agreement, Consultant shall furnish ARRA with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the ARRA by certified mail, "Attention: Risk Manager. " It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to ARRA and licensed to do insurance business in the State of California. Endorsements naming ARRA, City of Alameda, its City Council, boards, commissions, officials, employees and volunteers as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits Bodily Injury $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: Property Damage: $500,000 each occurrence ....$100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B SUBROGATIO VVAWER.: Consultant agrees that in the event of loss due to any of the perils for which it has agreed ...:... ...... ............... to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to : , on behalf of any insurer providing comprehensive general and automotive inability insurance to either Consultant or ARRA with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against ARRA by virtue of the payment of any loss under such insurance. 3 Exhibit "A" Cost Estimate for Master Developer Negotiations Support - Northgate Environmental Task 1: Master Developer - Oriented Meetings Estimated hours: 610 Northgate labor $1 29,460 Task 2: Follow up on Navy Evaluation of PAHs in Soil Estimated hours: 80 Northgate labor 17,000 Task 3: Tidelands Trust Estimated hours: 71 Northgate labor $15,000 Task 4: Miscellaneous Assignments Estimated hours: 124 Northgate labor . $26,000 Task 5. Project Management Estimated hours: 86 Northgate labor $18,540 Master Developer - Related Total .. $206,000 G:I domdevl cantractfarralnorthgate .cantract4.doc 9