2007-01-02 ARRA PacketThe Regular Meeting of the
Alameda Reuse &Redevelopment Authority
(ARRA)
scheduled for January 3, 2007
has been cancelled.
A Special Meeting of the ARRA
is scheduled on
Tuesday, January 2, 2007.
AGENDA
Special 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
Tuesday, January 2, 2007
Meeting will begin at 7:29 p.m.
Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a
request for removal for discussion or explanation is received from the Board or a member of the public.
2 -A. Approve the minutes of the Regular Meeting of December 6, 2006.
2 -B. Approve Subleases at Alameda Point.
2 -C. Recommendation to Authorize the Executive Director to Execute a 3rd Amendment to the
Standards of Reasonableness to Modify the Allowed Uses for Building 613
3. REGULAR AGENDA ITEMS
None.
4. ORAL REPORTS
4 -A. Oral report from Member Matarrese, Restoration Advisory Board (RAB) representative.
5. 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.)
6. COMMUNICATIONS FROM THE GOVERNING BODY
7. ADJOURNMENT
This meeting will be cablecast live on channel 15.
Notes:
• Sign language interpreters will be available on request. Please contact the ARRA Secretary 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.
UNAPPROVED
MINUTES OF THE REGULAR MEETING OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
Wednesday. December 6, 2006
The meeting convened at 7: 22 p.m. with Chair Johnson presiding.
1. ROLL CALL
Present: Beverly Johnson, Chair of Alameda
Marie Gilmore, Boardmember, City of Alameda
Doug deHaan, Boardmember, City of Alameda
Frank Matarrese, Boardmember, City of Alameda
Tony Daysog, Boardmember, City of Alameda
2. CONSENT CALENDAR
2 -A. Approval of the minutes of the Regular Meeting of November 1, 2006.
2 -B. Approval of Sublease for Architectural Glass and Aluminum at Alameda Point.
2 -C. Approval of a 7.5 -year lease with Area 51 (retroactive to October 2005), including a
Workout Plan as Conditions of the New Lease for Hangar 24.
Approval of the Consent Calendar was motioned by Member deHaan, seconded by
Member Daysog and passed by the following voice vote: Ayes — 5; Noes — 0; Abstentions —
0.
3. REGULAR AGENDA ITEMS
3 -A. Alameda Point Project Update
David Brandt, Deputy Executive Director, gave an update of the Alameda Point RFQ process.
Responses were due by 5:00 p.m. on December 4, 2006. Five development firms /partnerships
submitted proposals: Catellus, Corky McMillin, Lennar Urban, SunCal Companies, and United
World Infrastructure. A press release with this information was distributed today, Dec. 6`h.
Staff will be providing the Board with fairly elaborate investigation and dossier -level
information on each of the development firms, with qualitative evaluation resulting in a
numerical ranking. Evaluations will be completed and presented to the Board in February.
Chair Johnson clarified that the ARRA is not required to accept any of the proposals and that the
decision is the ARRA's and not the Navy's. She had concerns that the $1M earnest money is a
fairly small amount of risk and wanted to make sure any proposed developer has the ability and
willingness to go forward on the $108M deal, and not try to renegotiate it. She cited the former
master developer spent almost $10M and was still not able to proceed.
Page 2
David Brandt stated that we'll do our best to evaluate the developer's ability to execute
development, focusing less on their proposed plan and probe why they believe they can do the
deal that has been negotiated.
Member Daysog discussed the status of the no -cost EDC analysis. David Brandt responded that
staff has presented the Board with a non - agenda memo that analyzed different conveyance
options, including the existing no -cost EDC and that there are significant hurdles to going back.
He explained that it's not necessarily impossible, but it's certainly not a sure thing that if we
revised our numbers and go back to the original plan, that we would be able to get the Navy to
convey based on that plan; that we cannot hold the Navy to it.
Chair Johnson said it's important to note to prospective developers that we are not committed to
a certain number of housing units — they need to see if this financial deal works even if we say
we're going to reduce the number of housing units. David Brandt stated that we were clear to
infoliu them that the PDC, which the pro forma numbers were based on, is not an entitlement.
Member Daysog asked if the memo references the fact that the EDC is a signed contract. David
Brandt explained that, in military re -use law, you cannot get specific performance from a
contract from the Federal Govt., so even if we were to establish that they breached it, it's not
technically enforceable in court. Those agreements are enforceable politically, but not legally.
David Brandt stated that the five proposals will be made available to the public and will be
posted on the Alameda Point website (www.alameda- point.com) in a few days.
The Board congratulated staff on receiving the five proposals. They agreed that the response
demonstrates that Alameda Point is a viable project.
No action was taken on this item — it was an update and for informational purposes only.
4. ORAL REPORTS
4 -A. Oral report from Member Matarrese, RAB representative.
At the last RAB meeting there was a presentation on Site 2 Feasibility Study and Site 1 Proposed
Remediation Plan. The RAB came to the same conclusion the ARRA did regarding the scoop
and haul as the preferred method of clean -up vs. an engineered cap (as discussed at the Nov. 1
ARRA meeting), citing a comment letter from the RAB that stated, "complete removal is the
only acceptable solution for soil in Area 1A ". Member Matarrese requested that staff bring all
environmental studies comments and preferred options to the ARRA Board before submitting to
the Navy. He does not want the comments to be handled administratively (by staff) as was
always done previously — but rather, would like the ARRA Board to have the opportunity to vote
on a recommendation.
5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
There were no speaker slips.
Page 3
6. COMMUNICATIONS FROM THE GOVERNING BODY
Chair Johnson, along with the other Boardmembers, thanked Member Daysog for all his hard
work over the past 12 years, as this is his last ARRA meeting.
7. ADJOURNMENT
Meeting was adjourned at 7:47 p.m.
Respectfully submitted,
ma Glidden
ARRA Secretary
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
January 2, 2007
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita, Executive Director
SUBJ: Approve Subleases at Alameda Point
Background
At the December 2004 ARRA Board Meeting, the ARRA elected to review and approve all subleases at
Alameda Point.
Discussion
The following leases are renewals for existing tenants whose leases have expired. All renewal rates are 3%
greater than the previous year:
1) Antiques by the Bay, a monthly antique fair operator is renewing its lease in Building 13. The rent will
be $0.57 per square foot or $27,192 annually for this structure, which is office space in fair condition.
2) Antiques by the Bay, a monthly antique fair operator is renewing its lease in Building 459. The rent will
be $0.28 per square foot or $38,340 annually for this structure, which is shop space in fair to poor
condition.
3) Cameron -Cole, an environmental consulting company is renewing its lease in Building 90. The rent
will be $1.08 per square foot or $58,404 annually for this structure, which is office space in good condition.
4) City of Alameda, Main Street soccer field and adjacent parking lot. There is no rent associated with this
lease.
5) Coach Specialties, an industrial vehicle paint and body repair shop is renewing its lease in Building 24.
The rent will be $0.38 per square foot or $59,112 annually for this structure, which is light manufacturing
space in good condition.
6) Mason Dixon Intermodal, Inc., formerly Tristar Express, a trucking company is renewing its lease of a
fenced lot. The rent will $0.13 per square foot or $80,340 annually for this fenced lot in fair condition.
7) Petras Air Work Industries, Inc. doing business as Alameda Aerospace, an aviation component repair
business is renewing its lease in Building 398. The flat fee is $750 per month for the use of a test cell
approximately two times per month in this building. The tenant will not occupy the entire building and
uses the test cell infrequently for testing engines for aircraft ground support equipment.
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
January 2, 2007
Page 2
8) Petras Air Work Industries, Inc. doing business as Alameda Aerospace, an aviation component repair
business is renewing its lease in Building 530. The rent will be $0.0996 or $0.10 per square foot or
$84,000 annually for this structure, which is light manufacturing space in good condition. Petras' sole
business is to service a government contract. If that government contract is extended, the ARRA lease
reserves an option to negotiate an increased rental rate. If the contract is not renewed and Petras exercises
its option to stay, the rent will increase 3 %.
Attachment A describes the business terms for the proposed subleases.
Fiscal Impact
The rent for Antiques by the Bay in Bldg. 13 is $27,192 annually.
The rent for Antiques by the Bay in Bldg. 459 is $38,340 annually.
The rent for Cameron -Cole in Bldg. 90 is $58,404 annually.
The rent for City of Alameda is waived.
The rent for Coach Specialties in Bldg. 24 is $59,112 annually.
The rent for Mason Dixon Intermodal in fenced lot is $80,340 annually.
The rent for Petras Air Work Industries in Bldg. 398 is $9000 annually.
The rent for Petras Air Work Industries in Bldg. 530 is $84,000 annually.
Recommendation
Approve the proposed subleases.
By:
Attachment: A. Proposed Sublease Business Terms
B. Site Map
Respectfully submitted,
le L
Leslie Little
Development Services Director
Nanette Banks
Finance & Administration Manager
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
ATTACHMENT A
PROPOSED SUBLEASE BUSINESS TERMS
January 2, 2007
Page 3
TENANT
BUILDING
SIZE (SF)
TERM
RENT
Antiques by the Bay
Portion of
Building 13
4,000
2 years plus 1 year
renewal option.
$2,266/mo.
Antiques by the Bay
Building 459
11,493
2 years plus 1 year
renewal option.
$3,195/mo.
Cameron -Cole
Building 90
4,500
3 years.
$4,867/mo.
City of Alameda
Soccer Field
+ Parking
Lot
4.5 acres
+
1.5 acres
1 year plus 4 one-
year renewal
options.
Waived
Coach Specialties
Portion of
Building 24
12,927
2 years.
$4,926/mo.
Mason Dixon Inteiuiodal,
Inc.
Fenced Lot
53,280
2 years.
$6,695/mo.
Petras Air Work Industries
dba Alameda Aerospace
Portion of
Building 398
27,570
1 year plus 1 year
renewal option.
$750 /mo.
Petras Air Work Industries
dba Alameda Aerospace
Building 530
70,270
1 year plus 1 year
renewal option.
$7,000 /mo.
ATTACHMENT B
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Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
January 2, 2007
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita
Executive Director
SUBJECT: Authorize the Executive Director to Execute a 3rd Amendment to the Standards of
Reasonableness to Modify the Allowed Uses for Building 613
BACKGROUND
As required by the federal Base Closure and Community Redevelopment and Homeless Assistance
Act of 1994, the Alameda Reuse and Redevelopment Authority (ARRA) worked with the Alameda
County Department of Housing and Community Development and an organized group of homeless
service providers, known as the Alameda County Homeless Providers Base Conversion
Collaborative (currently known as the Alameda Point Collaborative [APC]) to determine the quantity
of residential and commercial square footage that would constitute a reasonable accommodation of
the homeless at the former Alameda Naval Air Station (Alameda Point). On May 3, 1995, the
ARRA adopted the Standards of Reasonableness (SOR) that outline general commitments related to
future reuse goals at Alameda Point. In July 1995, the APC submitted a detailed Request of Property
at Alameda Naval Air Station. The Request was considered by staff; and, following negotiations,
specific allocations of property were included in the Housing Element of the NAS Alameda
Community Reuse Plan approved by the ARRA in January 1996. As required by federal law, the
request was subsequently approved by the United States Department of Housing and Urban
Development. As part of the SOR, the Davis Street Community Center was assigned Building 613
for use as a childcare center.
In 1998, due to the impending lease -up of the housing units at APC, the ARRA approved an Interim
Sublease for Building 613 with another service provider, the Emergency Services Network. This
short-term lease provided office space for multiple support service providers. (According to the
SOR, these support services were to be located in Building 101. However, in 1998, Building 101
still required extensive rehabilitation and was later destroyed by a fire.)
Following the initial lease -up of housing units at APC, Davis Street Community Center, along with
the APC, reevaluated the need for infant and pre - school care and determined that alternative
programs could better serve the residents. In lieu of providing infant and toddler care at Building
613, APC provided 21,000 sq. ft. for Alameda Family Services to establish a head start program on
the Building 101 property. In addition, APC families have access to pre- school care at the Alameda
Point -based Bay Area School of Enterprise's program called Home Sweet Home. APC also
Honorable Members of the
Alameda Reuse and Redevelopment Authority
January 2, 2007
Page 2
maintains an 800 sq. ft. children's activity center at its Multi - Service Center (677 W. Ranger) to
support parents' participation in other APC- provided services such as case management, counseling,
job preparation, etc.
DISCUSSION
The 1998 interim sublease, which expired on December 31, 2006, allowed Building 613 to be "used
by subtenant or authorized contractors, subcontractors, or licensees of the APC, for administrative
offices for the provision of homeless assistance programs." In 1999, APC subleased the building to
the Alameda Red Cross, which provides critical safety net services for APC residents and low -
income residents throughout Alameda. The Alameda Red Cross provides community and social
services including: two food programs, rental assistance, and administration for the Alameda Power
& Telecom EAP and EASE utility programs.
APC has requested that the new lease, in the approved form of the 59 -year Legally Binding
Agreement (51 remaining years), allow Building 613 to be "used by subtenant or authorized
contractors, subcontractors, or licensees of the APC, for the provision of homeless assistance
programs. The homeless assistance programs may include, for example, child care, food services,
health care and related referrals, life skills training, addiction recovery support, job training and
placement, individual and family therapy, case management, and assistance in maintaining housing ".
Staff recommends that the SOR be amended to allow Building 613's continued use for the provision
of homeless assistance programs. Attachment A explains the original SOR, interim sublease and
proposed Legally Binding Agreement (LBA) use description for Building 613. The amendment to
the SOR will eliminate inconsistency in documents related to the Homeless Accommodation and
memorialize the APC agreed uses for Building 613. The revised permitted use language will be an
exhibit to a LBA with the APC for Building 613.
FISCAL IMPACT
There is no fiscal impact to amending the SOR to modify the allowable uses at Building 613.
RECOMMENDATION
Authorize the Executive Director to Execute a 3rd Amendment to the Standards of Reasonableness
to Modify the Allowed Uses for Building 613, consistent with Attachment A.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
January 2, 2007
Page 3
Reupe' f lly submitted,
Leslie A. Little
Development Services Director
By: t`ebbie Potter
Base Reuse & Community Development Division
Manager
Attachments
A. Original and Proposed Use of Premises for Building 613
B. Map
Proposed LBA Use Description
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ATTACHMENT B
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Bldg. 92
BUILDING 613
COMMUNITY GARDEN
AGENDA
Special 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
Tuesday, January 16, 2007
Meeting will begin at 7:29 p.m.
Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a
request for removal for discussion or explanation is received from the Board or a member of the public.
2 -A. Recommendation to Approve an Agreement with Russell Resources for Environmental
Consulting Services for Alameda Point for 12 Months in an Amount not to exceed
$119,000.
2 -B. Authorize PM Realty Group to Enter into a Contract with Belden Consulting Engineers for
Design of Pier 2 Electrical Upgrades at Alameda Point in an amount not to exceed
$109,500.
3. REGULAR AGENDA ITEMS
None.
4. 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.)
5. COMMUNICATIONS FROM THE GOVERNING BODY
6. ADJOURNMENT
This meeting will be cablecast live on channel 15.
Notes:
• Sign language interpreters will be available on request. Please contact the ARRA Secretary 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.
Alameda Reuse and Redevelopment Authority
Memorandum
January 16, 2007
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita, Executive Director
SUBJ: Authorize the Executive Director to Execute an Agreement with Russell Resources
for Environmental Consulting Services for Alameda Point for 12 Months in an
Amount not to exceed $119,000
Background
Russell Resources has provided environmental consulting services to the ARRA for the past eight
years. Russell Resources reviews, analyzes, and prepares comments on Navy environmental
documents for the clean up of the Alameda Naval Air Station (Alameda Point) on behalf of the
ARRA. In addition, Russell Resources attends and represents the ARRA at meetings with State and
Federal environmental regulators and the Navy and provides professional expertise to ARRA staff to
allow full participation in the cleanup decisions made by the Navy. Most recently, Russell Resources
provided support to certify the golf course EIR, assisted with negotiations with the Navy on the draft
conveyance term sheet and supported staff in the Alameda Point Master Developer RFQ process.
Russell Resources has two agreements with the ARRA: 1) "Master Developer" Agreement to
provide environmental consulting as part of negotiations with the Navy regarding property transfer
and clean -up activities within the master developer footprint; and 2) "Alameda Point" Agreement for
consulting in support of the proposed golf course development in the Northwest Territories and other
environmental issues at Alameda Point outside of the master developer footprint.
Discussion
In 2004, a limited Request for Proposals (RF'P) was issued for environmental consulting services at
Alameda Point to determine if an additional environmental firm should be retained to augment
Russell Resources, or if a new fiiiu should be retained to replace Russell Resources. Three firms
were interviewed as part of that process. An evaluation team met with Levine Fricke, Environmental
Resources Management West, and CH2M Hill. Following those interviews and a review of the
proposals received, the evaluation team determined that no additional services were necessary and
that the ARRA should continue to engage Russell. Resources.
Russell Resources' existing contracts expired on December 31, 2006. As part of evaluating
environmental services for the upcoming year, staff conducted an informal solicitation from two
environmental consulting firms, Erler & Kalinowski and GeoMatrix, to determine if Russell
Resources' expertise and cost were comparable to other firms. Both firms interviewed have
Honorable Members of the
Alameda Reuse and Redevelopment Authority
January 16, 2007
Page 2
experience working on closed military bases in the Bay Area (Treasure Island, Oakland Army Base,
Presidio, etc.) and reviewing and commenting on environmental documents prepared by the military.
Both firms work with the local environmental regulators involved with closed bases and have
experience advising their clients on environmental insurance. Billing rates for the firms' principals
range from $200 -$300 an hour, with the higher hourly rates for activities such as expert witness
testimony. Dr. Russell's hourly billing rate is $225. Given Russell Resources' familiarity with
Alameda Point, long- standing relationships with the Navy personnel and environmental regulators
assigned to Alameda Point and his competitive billing rate, it is recommended that the ARRA Board
continue to retain Russell Resources to provide environmental consulting services at Alameda Point.
It is proposed that the attached contract combine the two previous agreements, described above, for a
12 -month term, January 1, 2007 - December 31, 2007, in an amount not to exceed $119,000. During
this term, Russell Resources will support the discussions with the Navy related to the conveyance of
Alameda Point and will provide technical support to the staff on current and future environmental
remediation. In addition, Russell Resources will continue to attend all Base Closure Team (BCT)
and Restoration Advisory Board (RAB) meetings, attend meetings in furtherance of conveyance
between and among ARRA, Navy, and Master Developer if selected; and attend other technical
meetings that may be necessary to support conveyance of Alameda Point. Russell Resources will
assist staff in the review and evaluation of the five Alameda Point Master Developer proposals.
Russell Resources will also review and prepare draft comments on technical environmental
documents published by the Navy, along with reports and work plans, in support of the successful
transfer and redevelopment of the Alameda Point.
Fiscal Impact
As of January 1, 2007, the $3.5 million predevelopment budget had a balance of $289,000. It is
proposed that the Russell Resources Contract be funded from a portion of the remaining balance.
Recommendation
Authorize the Executive Director to execute an agreement with Russell Resources for Environmental
Consulting Services for Alameda Point for a 12 -month term in an amount not to exceed $119,000.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
Respectfully sfprnitted,
Leslie Little
Development Services Director
January 16, 2007
Page 3
By: D bie PolLer
Acting Alameda Point. Project Manager
Attachments: Consultant Agreement
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this day of January 2007, by and between the
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, a Joint Powers Authority,
(hereinafter referred to as "ARRA "), and Russell Resources, Inc., a California corporation,
whose address is 440 Nova Albion Way, Suite 1, San Rafael, CA 94903 (hereinafter referred to
as "Consultant "), is made with reference to the following:
RECITALS:
A. ARRA is a Joint Powers Authority established by the City of Alameda and the
Community Improvement Commission under the California Joint Exercise of Powers Act and a
public entity lawfully created and existing under the State of California with the power to carry
on its business as it is now being conducted.
B. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
D. ARRA and Consultant desire to enter into an agreement for services upon the
terns and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM:
The term of this Agreement shall commence on the day of January 2007, and shall
terminate on the 31St day of December 2007, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this Agreement in
the amount not to exceed $1 19,000.00 as set forth in Exhibit "A" which is attached hereto and
incorporated herein by this reference.
4. TIME IS OF THE ESSENCE:
Consultant and ARRA agree that time is of the essence regarding the performance of this
Agreement.
Russel! Resources, Inc.
.kuuuu ' 2007 Page l of 8
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all
services shall be performed by qualified and experienced personnel who are not employed by the
ARRA nor have any contractual relationship with ARRA.
6. INDEPENDENT PARTIES:
ARRA and Consultant intend that the relationship between them created by this
Agreement is that of employer- independent contractor. The manner and means of conducting the
work are under the control of Consultant, except to the extent they are limited by statute, rule or
regulation and the express terms of this Agreement. No civil service status or other right of
employment will be acquired by virtue of Consultant's services. None of the benefits provided by
ARRA to its employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from ARRA to Consultant, its
employees or agents. Deductions shall not be made for any state or federal taxes, FICA
payments, PERS payments, or other purposes normally associated with an employer- employee
relationship from any fees due Consultant. Payments of the above items, if required, are the
responsibility of Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and employment
authorization of all of his /her employees performing work hereunder, pursuant to all applicable
IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold ARRA
harmless from and against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
8. NON - DISCRIMINATION:
Consistent with ARRA's policy that harassment and discrimination are unacceptable
employer /employee conduct, Consultant agrees that harassment or discrimination directed
toward a job applicant, a ARRA employee, or a citizen by Consultant or Consultant's employee
or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap,
disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a material breach
of this Agreement.
9. HOLD HARMLESS:
Consultant shall indenmify, defend, and hold harmless ARRA, its Board, officials,
employees, and volunteers ( "Indemnitees ") from and against any and all loss, damages, liability,
claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees ( "Claims "),
arising from or in any manner connected to Consultant's negligent act or omission, whether
alleged or actual, regarding performance of services or work conducted or performed pursuant to
this Agreement, to the extent Consultant's negligent act or omission, whether alleged or actual,
contributes to such claims. If Claims are filed against Indemnitees which allege negligence on
behalf of the Consultant, Consultant shall have no right of reimbursement against Indemnitees
Russel/ Resources. Inc.
.January 2007 Page 2 of 8
for the costs of defense even if negligence is not found on the part of Consultant. However,
Consultant shall not be obligated to indemnify Indemnitees from Claims arising from the sole or
active negligence or willful misconduct of Indemnitees.
As to Claims for professional liability only, Consultant's obligation to defend
Indemnitees (as set forth above) is limited to the extent to which its professional Liability
insurance policy will provide such defense costs.
10. INSURANCE:
On or before the commencement of the term 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, D and
E. 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 the ARRA 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:
Russell Resources, Inc.
January 2007
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 -i-n- -the
amounts of $1,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum
Limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $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.
Page 3 of 8
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which he /she has
agreed to provide comprehensive general and automotive liability insurance, Consultant shall
look solely to his /her insurance for recovery. Consultant hereby grants to ARRA, on behalf of
any insurer providing comprehensive general and automotive liability 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.
C. FAILURE TO SECURE:
If Consultant at any time during the tern hereof should fail to secure or maintain the
foregoing insurance, ARRA shall be permitted to obtain such insurance in the Consultant's name
or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the
insurance premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
ARRA, its Board, officials, employees and volunteers shall be named as an additional
insured under all insurance coverages, except any professional liability insurance, required by
this Agreement. The naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such additional insured.
An additional insured named herein shall not be held liable for any premium, deductible portion
of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance
held by an additional insured shall not be required to contribute anything toward any loss or
expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by ARRA are not represented as being sufficient to protect
Consultant. Consultant is advised to confer with Consultant's insurance broker to determine
adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform the
services required by this Agreement. Consultant may be required to fill out a conflict of interest
form if the services provided under this Agreement require Consultant to make certain
governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section
18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of ARRA. Any attempt to do so without said consent shall be null and void, and any
assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer. However, claims for money by Consultant from
ARRA under this Agreement may be assigned to a bank, trust company or other financial
institution without prior written consent. Written notice of such assignment shall be promptly
furnished to ARRA by Consultant.
Russell Resources, Inc.
January 2007 Page 4 01'8
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate
member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy,
which shall result in changing the control of Consultant, shall be construed as an assignment of
this Agreement. Control means fifty percent (50 %) or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from ARRA is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to carry
general, automobile and professional liability insurance in reasonable conformity to the
insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall
be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City
Business License, that may be required in connection with the performance of services
hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced,
prepared or caused to be prepared by Consultant pursuant to or in connection with this
Agreement shall be the exclusive property of ARRA.
No report, information nor other data given to or prepared or assembled by Consultant
pursuant to this Agreement shall be made available to any individual or organization by
Consultant without prior approval by ARRA.
Consultant shall, at such time and in such form as ARRA may require, furnish reports
concerning the status of services required under this Agreement.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by ARRA that relate to the performance
of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to such books and records to the representatives of ARRA or
its designees at all proper times, and gives ARRA the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
Russell Resources. Inc.
January 2007 Page 5 ofb'
documents, shall be kept separate from other documents and records and shall be maintained for
a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by
ARRA's preliminary examination or audit of records, and the ARRA's supplemental examination
or audit of the records discloses a failure to adhere to appropriate internal financial controls, or
other breach of contract or failure to act in good faith, then Consultant shall reimburse ARRA for
all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Consultant to ARRA shall be
addressed to ARRA at:
Development Services Department
950 W. Mall Square, 2nd Floor
Alameda CA 94501
Attention: Debbie Potter
All notices, demands, requests, or approvals from ARRA to Consultant shall be
addressed to Consultant at:
Russell Resources, Inc.
440 Nova Albion Way, Suite 1
San Rafael, CA 94903
Attention: Peter Russell
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at the time
and in the manner required hereunder, Consultant shall be deemed in default in the performance
of this Agreement. If such default is not cured within a period of two (2) days after receipt by
Consultant from ARRA of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, ARRA may terminate the Agreement forthwith by giving to
the Consultant written notice thereof.
ARRA shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon
termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective date of
termination.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by ARRA.
Russell Resources, Inc.
January 2007 Page 6 of 8
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law riles which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.)
Any suits brought pursuant to this Agreement shall be fled with the courts of the County
of Alameda, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any
signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services
performed under this Agreement unless prior written approval has been secured from ARRA to
do otherwise.
22. WAIVER:
A waiver by ARRA of any breach of any term, covenant, or condition contained herein
shall not be deemed to be a waiver of any. subsequent breach of the same or any other tern,
covenant, or condition contained herein, whether of the same or a different character.
23. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations. and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. AnyFmodification of this Agreement will be effective only by
written execution signed by both ARRA and Consultant.
24. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement shall be read and enforced as though each were
included herein. If through mistake or otherwise, any such provision is not inserted or is not
correctly inserted, the Agreement shall be amended to make such insertion on application by
either party.
25. CAPTIONS:
The captions in this Agreement are for. convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement.
Russell Resources, Inc.
January 2007 Page 7ofS
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
Russell Resources, Inc.
Alameda Reuse & Redevelopment
Authority
y: 7j)‘"(67f ide,sce Debra Kurita
Title:
Executive Director
RECOMMENDED FOR APPROVAL:
f2
Leslie A. Little
Development Services Director
bbie Potter, Manager
Base Reuse & Community Development
APPROVED AS TO FORM:
Byron Toma
Assistant City Attorney
Russell Resources, Inc.
January 2007 Page 8 of 8
bxnion H
2007 Scope of Work for Russell Resources, Inc.
Task 1: Attend Regularly Scheculed BRAC Meetings: Base Closure Team
(BCT), Remedial Advisory Board (RAB), and Proposed Plan Public Meetings
(preparation, meeting attendance, and documentation of meeting). Estimate 11.
BCT meetings, 11 RAB meetings, and 4 Proposed Plan public meetings.
Budget: $28,500 (assumes average cost is $1,500 per BCT meeting, and $800
for each RAB meeting and Proposed Plan public meeting)
Task 2: Attend Meetings in Furtherance of Conveyance between and
among ARRA, Navy, and Master Developer to Be Selected. Estimate 20
meetings.
Budget: $20,000 (assumes average cost is $1,000 per meeting)
Task 3: Attend Meetings with Environmental Regulators and Technical
Supplemental Meetings (preparation, meeting attendance, and documentation of
meeting). Estimate 15 meetings.
Budget: $15,000 (assumes average cost is $1,000 per meeting)
Task 4: Review of Technical Documents, Including Reports, Workplans, and
Environmental Regulators' Comments on Same, and Preparation of Draft ARRA
Comments on Selected of These Documents. Estimate 47 documents.
Budget: $36,500 (assumes 30 documents perused at $200 each, 12
documents reviewed at $1,500 each, and 5 documents reviewed and commented
upon at $2,500 each)
Task 5: Additional Consultation (at the request of ARRA) and Contingency. The
ARRA must preauthorize these tasks.
Budget: $10,000 (approximately 10% of the budget for Tasks 1 -4)
Task 6: Project Management, Including Email, Phone, Other Correspondence,
Cost Accounting, Invoicing, Coordination, etc.
Budget: $9,000 (assume $750 per month)
Total 2007 Budget: $119,000
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
January 16, 2007
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita, Executive Director
SUBJ: Authorize PM Realty Group to Enter into a Contract with Belden
Consulting Engineers for Design of Pier 2 Electrical Upgrades at Alameda
Point in an amount not to exceed $109,500
Background
At its April 2006 ARRA meeting, the ARRA approved a 20 -year sublease with the
Maritime Administration (MARAD). In considering the lease, the ARRA reviewed a
cash flow for the project, which included electrical upgrades for Pier 2. In order to
absorb the cost for this project, the upgrade project was budgeted over two fiscal years.
Discussion
Under the design contract, the engineers will prepare electrical and structural construction
documents for Pier 2. The scope of the documents will include the following:
• New electrical substructures (conduits, pullboxes and transformer pads on Pier 2);
• New service cable and equipment to create a maximum of four service points;
• Design plans to accommodate the phased construction so that ships can continue
to receive electric services at the pier;
• The removal of all auxiliary equipment from existing transformer vaults and
associated electrical services being replaced;
• Maintain (reconnect) electrical services to existing lights and sump pumps being
fed from vaults;
• Document the existing service conductors serving the pier and provide the
necessary research to obtain existing systems information;
• Design enclosures for new pad - mounted transformers including covers and
secondary oil containment areas to prevent accidental oil spillage into the bay;
• Evaluation of petro barrier in lieu of equipment enclosures;
■ Design new outlet of connections for the various ship connections to shore power
per MARAD's requirement;
• Structural calculations, plans and details for new equipment pads and enclosures;
and
• Structural observation and evaluation of existing pier for adequacy for new
transformer load (weight).
Acting as the ARRA property manager, PM Realty Group solicited bids for the required
engineering work. Two bids were received, from Belden ($109,500) and from YEI
Engineers Inc. ($70,100). While Belden is not the low bidder, YEI did not address the
Honorable Chair and Members of the January 16, 2007
Alameda Reuse and Redevelopment Authority Page 2
entire scope of work required for the project. Because YEI was the firm that performed
the design work for the Pier 3 electrical project funded by EDA in 2002, PM Realty
Group performed further investigation into the proposal received by YEI to determine if
its bid was viable. After checking references and follow -up investigation, it was
determined that Belden could provide more comprehensive services and the bid
submitted by YEI was deemed insufficient.
PM Realty Group, on behalf of the ARRA, will execute a contract with Belden and
manage the project.
Fiscal Impact
The proposed contract for design of the electrical upgrades is $109,500. The approved
MARAD budget includes $500,000 for the first half of the pier electrical upgrade project.
Therefore, funds are budgeted for this project.
Recommendation
Authorize PM Realty Group to Enter into a Contract with Belden Consulting Engineers
for Design of Pier 2 Electrical Upgrades at Alameda Point in an amount not to exceed
$109,500.
Respe ully submitte
Leslie Little
Development Services Director
By: Nanette Banks
Finance & Administration Manager