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2003-10-14 ARRA PacketAgenda Modifications: ITEMS 2 -F, 2 -G AND 7 -A HAVE BEEN WITHDRAWN FROM THE AGENDA AGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber,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 Wednesday, October 1, 2003 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. 1. ROLL CALL 2. CONSENT CALENDAR 2 -A. Approval of the minutes of the regular meeting of May 7, 2003. 2 -B. Approval of the minutes of the regular meeting of June 4, 2003. 2 -C. Approval of the minutes of the special meeting of June 17, 2003. 2 -D. Approval of the minutes of the regular meeting of July 2, 2003. 2 -E. Approval of the minutes of the special meeting and work session of July 22, 2003. 2 -F Recommendation from the Executive Director that the ARRA Governing Body authorize the Executive Director to Enter into a $150,000 contract with Holland & Knight, LLP for Federal Government Lobbying Services to Secure Federal Funding for Environmental Remediation and Redevelopment at Alameda Point. -G. Report and Recommendation from the Executive Director that the ARRA Governing Body authorize the Executive Director to Enter into a $98,620 Amended Contract with RBF Consulting for services relative to the Alameda Point Reuse Project. 3. REGULAR AGENDA ITEMS None. 4. ORAL REPORTS 4 -A. Oral report from APAC. 4 -B. Oral report from the Executive Director (non- discussion items). ARRA Agenda — October 1, 2003 Page 2 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 TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: 7 -B. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Collaborative Price and Terms Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms Note that Boardmember Matarrese will be participating in the Closed Session by teleconference, as permitted by Government Code Section 54953(b), from the following location: Hotel Villa Patrizia, Via Fiorentina 58, Siena — Toscano — Italy 53100. This meeting will be cablecast live on channel 15. The next regular ARRA meeting is scheduled for Wednesday, November 5, 2003. Notes: Please contact ARRA Secretary, Lucretia Akil at 749 -5800 or 522 -7538 at least 72 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. • Sign language interpreters will be available on request. Please contact the ARRA Secretary, Lucretia Akil 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. APPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday May 7, 2003 The meeting convened at 5:40 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Albert DeWitt, Boardmember, City of Alameda Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda Absent: Tony Daysog, Boardmember, City of Alameda 2. CONSENT CALENDAR There were no Consent Calendar items. 3. REGULAR AGENDA ITEMS 2 -A I 3 -A. Recommendation to authorize the Executive Director to approve a contract amendment with William A. Barnes for $120,000 for consulting services in the development of Alameda Point. There were no public speakers. The public hearing was closed for Authority discussion. Member Kerr moved approval of the recommendation. The motion was seconded by Member Matarrese and passed by the following voice vote: Ayes -4 Noes -0; Abstentions -0. 3 -B. Recommendation to authorize the Executive Director to approve a contract amendment with Keyser Marston for an amount of $450,000 for economic consulting services in the development of Alameda Point. There were no public speakers. The public hearing was closed for Authority discussion. Member DeWitt moved approval of the recommendation. The motion was seconded by Member Matarrese and passed by the following voice vote: Ayes -4 Noes -1 (Member Kerr); Abstentions -0. 1 G: \Comdev\Base Reuse& Redevp\ARRA\MINUTES\2003 \May 7_03.Regular.doc 3 -C. Item 3 -C was withdrawn from the agenda by Brian Schmeltz of Super -Moto. 4. ORAL REPORTS 4 -A. Oral report from APAC. Chairman Lee Perez stated APAC is currently looking at their internal functions and how they can better serve the ARRA and community and will continue to work on this for their next few meetings. Mayor Johnson thanked APAC for their work on the golf course project. Member Matarrese thanked Chairman Perez for their consistent work on the APAC. Member Mattarese stated that he would like the APAC role agendized for future ARRA discussion of what the APAC's role is in the future of Alameda Point. Mayor Johnson responded that there should be a joint meeting between the ARRA and APAC. City Manager James Flint responded that staff would meet whenever the Board is ready or within the next 60 days. Chairman Perez stated that the APAC would be prepared to meet with the ARRA within 60 days. City Manager Flint responded that staff and the APAC would have a recommendation regarding the future role of the APAC within the next 60 days, with additional historical information and previous actions. Member Kerr stated that ARRA already had a policy set on the APAC, that with conveyance they would sunset. City Manager Flint stated that Member Kerr is correct and deferred to Debbie Potter for further comment. Debbie Potter, Base Reuse and Redevelopment Manager stated that staff and APAC have been working on a recommendation and will be prepared to present this information to the Board within the next 60 days. Previous discussion of the future role of APAC was discussed in the context of sunsetting with the adoption General Plan Amendment. However, the ARRA Board amended that recommendation and agreed and concurred with APAC's role and review of the General Plan Amendment and that APAC's role would be revisited in the following 18 months. Currently it has been 36 months and that recommendation will be discussed in a joint meeting within the next 60 days. City Manager Flint responded that was his recollection also in the context of the APAC sunsetting with the adoption of the General Plan Amendment. 2 G: \Comdev\Base Rcuse& Redevp\ARRA\MINUTES\2003\May 7_03.Regular.doc 4 -B. Oral report from the Executive Director (non - discussion items). There was no report from the Executive Director. Member DeWitt asked why Item 3 -C had been withdrawn from the agenda? Mayor Johnson read a statement indicating that the applicant had requested that Item 3 -C be removed from the agenda and thanked the ARRA Board and City staff for the time spent in consideration of the proposed license agreement. 5. ORAL COMMUNICATIONS, NON- AGE3NDA (PUBLIC COMMENT) Bill Smith, Virtual Agile Manufacturing of Alameda stated that something creative should come out of the former military base. The more tools in place, the better the end result should be achieved. There are many problems with the children who have been setting fires and something should be done about it. Mr. Smith proposed to rebuild the property at Alameda Point from an historical perspective by preserving what is there so that it draws and benefits the overall community. 6. COMMUNICATIONS 1ROM THE GOVERNING BODY There was no communication from the Governing Authority. 7. ADOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms The Mayor announced that the Board obtained a briefing from its Real Property Negotiato that no action was taken. Mayor Johnson adjourned the meeting at 5:55 p.m. Respectfully, ' Lucretia Akil ARRA Secretary 3 G: \Comdev\Base Reuse& Redevp\ARRA\MINUTES\2003\May 7_03.Regular.doc APPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday June 4, 2003 The meeting convened at 5:40 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Albert DeWitt, Boardmember, City of Alameda Barbara Ken, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda Absent: Tony Daysog, Boardmember, City of Alameda 2. CONSENT CALENDAR 2 -A. Approval of the minutes of the special meeting of January 8, 2003. 2 -B. Approval of the minutes of the regular meeting of February 5, 2003. 2 -C. Approval of the minutes of the regular meeting of March 5, 2003. 2 -D. Approval of the minutes of the regular meeting of April 2, 2003. Member Matarrese stated that at the February 5 meeting he requested to receive RAB minutes, which is recorded in the meeting of March 5, 2003. Also at that meeting he requested to discuss the future role of APAC and it was not recorded. City Manager Jim Flint stated that the corrections will be made for both February 5 and March 5 minutes. Member Kerr moved approval of the recommendation. The motion was seconded by Member Matarrese and passed by the following voice vote: Ayes -4 Noes -0; Abstentions -0. 3. REGULAR AGENDA ITEMS There were no regular agenda items. 4. ORAL REPORTS 4 -A. Oral report from APAC. Chairman Lee Perez stated APAC has been reviewing and preparing for the report that Member Matarrese referred to earlier and will be prepared to present that report within the next month. 1 G:1Conxlev\Base Reuse& Redevp\ A. RRA\ IvIINUTES1 2003Uune4_03.Regular.doc 4 -B. Oral report from the Executive Director (non- discussion items). There was no report from the Executive Director. 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) "Lil" Arnerich, 3275 Encinal Avenue advised Mayor Johnson that she could impose the Arnerich Rule at Council meetings by limiting the speakers to 30 minutes each per group, so as to not have 60 -70 speakers dominating one subject. Mr. Arnerich stated that the proposed golf course seems to be on track after the June 3 Council meeting regarding the placement of 50,000 cubic yards of fill at $3.00 per cubic yard. After discussion with Ed Levine, Golf Course Project Manager, Mr. Arnerich believes a better deal could have been in place. It is important to remember that when Pacific Bell Park was built in San Francisco, they dredged the area near the 3`d Street Bridge at Townsend for the piers and foundations. They took that construction material to San Mateo, CA and found that it was environmentally unsafe. It was then shipped from San Mateo to the Altamont Pass fill where it was cleaned, was eventually hauled to Novato, which caused a rippling lawsuit among the cities. At the recent Gailbrath Golf Course they put pumps in the San Leandro bay and by using a hydraulic tool, pumped dredge onto the golf course. As a result, the correct sand, mud, clay and proper ingredients needed for the growth of turf was not correct. In their report, the City of Oakland had to bring in dirt and fill to cover it up which cost between $1 to $2 million. The City of Oakland, the Port of Oakland and the engineers debated as to who was going to pay the excess cost. At the June 3 Council meeting there was discussion about movement of the dredging material for the Alameda Point golf course. Mr. Arnerich advised the Governing Body that the material the City obtains be as clean and environmentally safe as possible. If unsafe and /or environmentally contaminated soil is laid down, the City will be sued by any future homeowners or commercial tenants. Mr. Arnerich urged the Board to get an environmental firm that has no connections to the Port of Oakland or the City of Oakland and who are unbiased, that can provide a clear report that is not necessarily in favor of the project. This should result in the growth of turf. Mr. Arnerich further advised the Governing Body to not allow the Port of Oakland or anyone else to take advantage of the City by the amount of money that may be offered, as this process takes hard bargaining and negotiation. Mr. Arnerich proposed that if the Port of Oakland were to dredge the dirt from Oakland and haul it out to the bay, the only two places they can go is the Golden Gate Bridge and North of Alcatraz. This would have run the Port $22.50 to $28.00 per cubic yard. Today, it would cost the Port $25.00 to $31.00 per cubic yard to haul it away by barge. If the Port is offering the City $8.00 per cubic yard to take away their responsibilities, they are going to save a large amount of money and there is no reason that the Governing Authority, City Manager and staff should ask for less than $15.00 to $17.00 per cubic yard at a million and half yards, when the time comes to haul it away. These funds can be used to build the golf course, as the current estimate is $1 million to build one hole on the golf course from scratch. Santa Rosa just spent $12 million renovating an existing golf course, which proves the process is not cheap and with limited funding from the State and County, the City should take a 2 G: \Comdev\Base Reuse& Redevp\ ARRA\ MINUTES\2003Vune4_03.Regular.doc hard line approach with any negotiations regarding the golf course. Mr. Arnerich further stated that he discussed the issue with Ed Levine and believes that Mr. Levine is the person to be the lead in the golf course development. 6: COMMUNICATIONS FROM THE GOVERNING BODY Mayor Kerr stated that a recent newspaper article, which figures may not be accurate, suggested that the fire damage to Alameda Point Collaborative Building 101 was $5 million and the current insurance policy $3 million. Based on this, all leases should be looked at to ensure that adequate insurance is in place for all buildings at Alameda Point. City Manager Flint responded that he is working with the Risk Manager's office to ensure that adequate insurance is in place for all buildings at Alameda Point. 7. ADOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and U.S.S. Hornet Price and Terms The Mayor announced that direction was given to Real Property Negotiator. 7 -B. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and ANAM Price and Terms The Mayor announced that direction was given to Real Property Negotiator. 7 -C. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms The Mayor announced that direction was given to Real Property Negotiator. Mayor Johnson adjourned the meeting at 5:50 p.m. ully, cretia Akil ARRA Secretary 3 G: \Comdev\Base Reuse& Redevp\ ARRA\ MINUTES\2003Uune4_03.Regular.doc APPROVED MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Tuesday, June 17, 2003 The meeting convened at 7:53 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Tony Daysog, Boardmember, City of Alameda Albert DeWitt, Boardmember, City of Alameda Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda 1. ROLL CALL 2. REGULAR AGENDA ITEMS 2 -C 2 -A. Recommendation to approve plans and specifications and award construction contract in the amount of $522,200 to Blocka Construction, Inc. for the Alameda Naval Air Museum — renovations to Building 77. There were no public speakers. The public hearing was closed for Board discussion. Member Kerr stated the renovations are useful and necessary for occupancy of the building no matter what tenant leases it. Chair Johnson asked what happens if the amount increases above what the Board is approving? Debbie Potter, Base Reuse and Redevelopment Manager stated that they are working with the lowest bid based on a specified contract amount and any overage would have to be approved by EDA. Member DeWitt asked why is additional funding being added, if City staff selected the lowest bidder? Ms. Potter responded that the add -on includes the contingency fee, which is required for the project and will remain in the ARRA budget if it is not used. 1 G: \Comdev\Base Reuse& Redevp\ARRA\ MINUTES \2003Vun17_03.Special.doc Member Daysog asked if the 20 percent difference of approximately $97,000 is part of the AP bond funds and if so why would it be used for this contingency fee? Ms. Potter stated the money is set up such that there is $326,864 in EDA grant funds and the required match, which we are proposing to match with bond proceeds and the $195,000 in ARRA lease revenues. The reason why bond proceeds are being used first is that they are restricted to capital projects, where there is more flexibility with lease revenues. It was decided to spend the lease revenues last on this project and utilize the more flexible funds for other projects in the event that the full EDA amount is used up, in addition to the 20 percent contingency fee. Member Daysog responded that if there was any way to use the bond proceeds last, recognizing its restrictions, it should be done. James Flint, City Manager stated that the bonds were issued for capital improvement projects to optimize cash flow as directed by the ARRA. This is the first instance in which bond proceed funds are being used for building capital projects versus other street and capital projects. Mr. Flint stated that staff would take into consideration Member Daysog's suggestion. Member Kerr moved approval of the recommendation. The motion was seconded by Member DeWitt and passed by the following voice vote: Ayes -5; Noes -0; Abstentions -0. 3. Public Comment on Non - Agenda Items Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3 minutes per item. There were no speakers. 4. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:03 p Respectfully, ucretia Aki ARRA Secretary 2 G: \Conxiev\Base Reuse& Redevp\ ARRA \ MINUTES \2003Vwil7_03.Special.doc APPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday July 2, 2003 The meeting convened at 7:20 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Tony Daysog, Boardmember, City of Alameda Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda Absent: Albert DeWitt, Boardmember, City of Alameda 2. CONSENT CALENDAR 2 -D I 2 -A. Recommendation to authorize the Executive Director to amend the existing lease of Buildings 134 (the gym), 76 (the pool) and Field 422 (baseball field) to the City of Alameda by extending the term by 20 years (until 2024). 2 -B. Recommendation from the Executive Director to approve fiscal year 2003 -04 ARRA budget. 2 -C. Recommendation from the Executive Director to approve a contract with Northgate Environmental for environmental consulting services at Alameda Point for FY 2003 -04 in the amount of $206,000. Member Matarrese moved approval of the recommendation. The motion was seconded by Member Daysog and passed by the following voice vote: Ayes -4 Noes -0; Abstentions -0. 3. REGULAR AGENDA ITEMS There were no regular agenda items. 4. ORAL REPORTS 4 -A. Oral report from APAC. Lucretia Akil, Secretary to the ARRA, read the summary report prepared by Vice -Chair Diane Litchtenstein, which indicated that APAC welcomed Warmington Homes and are pleased to see progress at the FISC. APAC is also looking forward to the joint ARRA/APAC meeting on July 22 to discuss how APAC can assist in keeping the community informed as plans move forward at Alameda Point. APAC also enjoyed having their June meeting at the Alameda Point Collaborative facility, along with a tour of the property as it was an eye- opening event. The Reuse Plan vision is being achieved with the Collaborative. 1 G: \Comdev\Base Reuse& Redcvp\ ARRA\ ivIINUTES \2003Uu1y2_03.Regular.doc 4 -B. Oral report from the Executive Director (non- discussion items). There was no report from the Executive Director. 5. ORAL COMMUNICATIONS, NON- AGE3NDA (PUBLIC COMMENT) There were no public comments. 6. COMMUNICATIONS FROM THE GOVERNING BODY There were no communications from the Governing Body. 7. ADOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms The Mayor announced that direction was given to Real Property Negotiator. Mayor Johnson adjourned the meeting at 7:23 p.m. espectfully, ucretia Akil ARRA Secretary 2 G: \Conxlev\Base Reuse& Redevp\ ARRA UvIINUTES12003Vu1y2_03.Regular doc 2 -E APPROVED MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Tuesday, July 22, 2003 The meeting convened at 7:35 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Tony Daysog, Boardmember, City of Alameda Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda 2. REGULAR AGENDA ITEMS 2 -A. Alameda Point Advisory Committee (APAC) report and recommendation regarding the future role and responsibilities of APAC. Mayor Johnson noted that a special joint meeting/work session was held with the ARRA and APAC prior to this meeting. Member Matarrese summarized the outcome of the joint meeting. He has agreed to work with the APAC to re- evaluate their future role and develop an exit strategy to transition their responsibilities to the appropriate Boards and Commissions. This should facilitate a seamless integration of Alameda Point into the City as a whole. The timing of sunset for APAC will be re- evaluated when the DDA is approved. Staff was given further direction to amend their report accordingly and agendize this item for action at the next ARRA meeting. The public hearing was open for discussion. William Smith acknowledged the contribution made by the APAC over the years. He feels they should transition out of their role, but not until there is a pemuanent business and residential constituency to take over their own representation at Alameda Point and FISC. Helen Sause was not able to stay for the meeting, but submitted a written endorsement of the APAC and the necessity of a mechanism for citizen oversight of development. The public hearing was closed for Authority discussion. 3. Public Comment on Non - Agenda Items. None. G: \Comdev\Base Reuse& Rcdevp\ ARRA \ MINUTES\ 2003Uu1y22.Special.ARRA.doc 4. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 4 -A. Property: Alameda Naval Air Station Negotiating parties: ARRA, Navy and Alameda Point Community Partners Under negotiation: Price and Terms The Mayor announced that direction was given to Real Property Negotiator. 5. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:45 p.m. spec fully submitted, L cretia Akil ARRA Secretary 2 G: \Comdev\Base Rcuse& Redevp\ ARRA ' MINUTES\ 2003Uu1y22.Special.ARRA.doc APPROVED MINUTES OF THE SPECIAL JOINT MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY AND ALAMEDA POINT ADVISORY COMMITTEE Tuesday, July 22, 2003 The meeting convened at 6:55 p.m. with Mayor Beverly Johnson and APAC Chair Lee Perez presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Tony Daysog, Boardmember, City of Alameda Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda Lee Perez, APAC Chair Diane Lichtenstein, APAC Vice Chair Andrine Smith, APAC member Ardella Dailey, APAC member Joan Konrad, APAC member Alice Garvin, APAC member Nancy Heastings, APAC member Jay Ingram, APAC member Doug deHaan, APAC member Jim Flint, Executive Director /City Manager Paul Benoit, Deputy Executive Director Debbie Potter, Base Reuse and Redevelopment Manager 2. REGULAR AGENDA ITEMS — WORK SESSION 2 -A. Discussion regarding the future role and responsibilities of the APAC. Lee Perez provided a brief history of the APAC from its creation in 1993 as an entity to provide maximum input from the community in the development of the reuse plan. The APAC continues to serve the ARRA as liaison with the community, and has been actively involved in decisions concerning the General Plan Amendment, the Housing Element, golf course and resort hotel complex, and the Collaborative, among others. The APAC has sponsored several "town hall" meetings and open houses to introduce the community to Alameda Point businesses and activities. Future issues will involve the seamless integration of both the FISC and Alameda Point properties into the City of Alameda. Mr. Perez referred to the staff report recommendation of sunsetting the APAC when the DDA is approved, and requested instead that APAC's role be re- evaluated upon approval of the DDA. 1 G: \Cmndev\Base Reuse& Redevp\ARRA \MINUTES\2003UuIy22. WorkSessionARRA- APAC.doe Mayor Johnson stated that she is in agreement with the staff recommendation except for the timing issue, which may require further consideration. Member Kerr expressed concern that the APAC is not a rotating committee, that it has limited membership, and that it does not represent a complete cross - section of Alameda neighborhoods. She is also not in favor of granting another "open- ended" extension but would prefer a definite sunset date. APAC Vice Chair Lichtenstein responded that it is not possible to represent the entire City with only 11 or 12 members and perhaps more members should be added. However, she feels that the history and experience of the present members have an advantage over rotating members. Member Matarrese also voiced concern about the open -ended sunset provision. He feels it would be very beneficial for APAC to lend its expertise to the Boards and Commissions that will eventually assume the development oversight responsibilities. At the time of the DDA approval, historical guidance will not be applicable. Member Daysog inquired whether a citizens' advisory group is mandated by law as long as there is a Local Redevelopment Agency (LRA) in place. Jim Flint indicated that, while the LRA is a legal requirement, the citizen committee is not. Community involvement is necessary, but not a formal committee per se. Member Daysog emphasized the value of a central liaison between City staff and the community so that all of the development pieces fit together. Mr. Flint pointed out that, although the APAC is advisory only to the ARRA and not other Boards and Commissions, Chair Lee Perez could meet with Board or Commission chairs one -on -one to facilitate transition issues. Member Matarrese agreed to work with the APAC to re- evaluate its future role and develop an exit strategy to transition its responsibilities to the appropriate Boards and Commissions. The transition may occur at the time of DDA approval or it may have to be re- evaluated at that point. Mayor Johnson said that it is valuable to have the APAC intact at least through the master planning process. 3. PUBLIC COMMENT None. 4. ADJOURNMENT Mayor Johnson adjourned the joint meeting at 7:30 p.m. Luc etia Secretary 2 G: \Comdev\Base Reuse& Redevp\ ARRA \ MINUTES \2003Uujy22. WorkSessionARRA- APAC.doc Alameda Reuse and Redevelopment Authority Interoffice Memorandum September 23, 2003 TO: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority FROM: James M. Flint Executive Director 2 -F SUBJ: Report and Recommendation from the Executive Director that the ARRA Governing Body Authorize the Executive Director to Enter into a $150,000 Contract with Holland & Knight, LLP for Federal Government Lobbying Services to Secure Federal Funding for Environmental Remediation and Redevelopment at Alameda Point Background On February 1, 2003, Holland & Knight, LLP entered into an agreement with ARRA to lobby on behalf of ARRA with the Congress, the Executive Branch, including the Department of Defense, the Navy, the EPA, and other officials in the federal government to secure federal funding for environmental remediation and redevelopment at Alameda Point. To date, Holland & Knight has assisted in providing access to key congressional and administration officials, including Senator Dianne Feinstein, which has helped to raise the awareness of Alameda Point and its priority for remediation and conveyance. Additionally, Holland & Knight has assisted in tentatively securing $750,000 in transportation funding for feasibility studies for the aerial tram. Additionally, Holland & Knight has assisted in the insertion of language into annual appropriations bills governing the Navy and EPA, requesting their attention to Alameda Point. Discussion The contract was approved and commenced on February 1, 2003 and terminated on July 31, 2003 in the amount not to exceed $75,000. Pursuant to this contract, Holland & Knight has provided lobbying services relating to Alameda Point negotiations, which includes negotiating agreements for the disposition of approximately 1000 acres of former U.S. Navy property. The attached contract has been prepared to cover the period from August 1, 2003 through July 31, 2004. Based on the current status of project negotiations, this contract may need to be amended in the future to reflect revised predevelopment workplan and conveyance activity. The consultant agreement includes the scope of services, which is expected to be performed by the consultant, as directed by the ARRA, for the purposes of continuing their lobbying strategy to secure federal funds for the Alameda Point remediation. Dedicated to Excellence, Committed to Services Honorable Chair and Members of the September 23, 2003 Alameda Reuse and Redevelopment Authority Page 2 Fiscal Impact Pursuant to the January 2, 2002 Exclusive Negotiating Agreement (ENA) between the City and Alameda Point Community Partners (APCP), these consultant costs in the amount of $150,000 are fully reimbursable through cost recovery. Therefore, there is no fiscal impact to the ARRA or City budget. Recommendation It is recommended that the ARRA Governing Body authorize the Executive Director to enter into the attached contract with Holland & Knight, LLP in the amount not to exceed $150,000 per Exhibit `B -1" of the consultant agreement. Respectfully submitted, Doug Yount Deputy City Manager, AP Negotiations JF/DY /IF Attachments: Consultant Agreement — Holland & Knight, LLP Dedicated to Excellence, Committed to Services G: \Comdev \YountlAP Negotiations\ AP Project Management \Holland. Knight\ Holland& Knight. StaftReport.Contract.l0- 01- 03.DOC CONSULTANT AGREEMENT THIS AGREEMENT, entered into this day of , 2003, by and between ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (hereinafter referred to as "ARRA "), and HOLLAND & KNIGHT, LLP, a Washington D.C. corporation, whose address is 2099 Pennsylvania Avenue, N.W. Suite 100, Washington, D.C. 20006 -6801 (hereinafter referred to as DConsultant:), is made with reference to the following: RECITALS: A. ARRA is a Joint Powers Authority duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. - Consultant possess 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 terms 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 1St day of August 2003, and shall terminate on the 31st day of July 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit DAD which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services, on a time and materials basis, performed pursuant to this Agreement in the amount not to exceed $150,000.00 (Exhibit DB0). 4. TIME IS OF THE ESSENCE: Consultant and ARRA agree that time is of the essence regarding the performance of this Agreement. 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 ARRA nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: ARRA and Consultant intend that the relationship between them created by this Agreement is that of employer - independent Consultant. 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 its 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 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 indemnify, defend and hold harmless City, its City Council, boards, commissions, officials, employees, and volunteers ( "Indemnities ") 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. If Claims are filed against Indemnities which allege negligence on behalf of the Consultant, Consultant shall have no right of reimbursement against Indemnities for the costs of defense even if negligence is not found on the part of Consultant. However, Consultant shall not be obligated to indemnify Indemnities from Claims arising from the sole or active negligence or willful misconduct of Indemnities. As to Claims for professional liability only, Consultant's obligation to defend Indemnities (as set forth above) is limited to the extent to which its professional liability insurance policy will provide such defense costs. 2 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, the City of Alameda, City Council, its boards and commissions, officers, 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: $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. B. SUBROGATION WAIVER: 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 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. 3 C. FAILURE TO SECURE: If Consultant at any time during the term 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, the City of Alameda, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except workerOs compensation insurance. 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 consult 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. 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. 4 13. SUBCONSULTANT APPROVAL: Unless prior written consent from ARRA is obtained, only those people and subconsultants whose names are listed in Consultant's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subconsultant. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subconsultant's services. Approval of the subconsultant may, at the option of ARRA, be issued in the form of a Work Order. In the event that Consultant employs subconsultants, such subconsultants shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile 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 its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City of Alameda Business License, that may be required in connection with the perfouiiance 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. All such work prepared by consultant will be provided to ARRA in electronic format as well. 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 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 ARRA's supplemental examination or 5 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: Alameda Reuse and Redevelopment Authority Alameda Point 950 West Mall Square, 2nd Floor Alameda, CA 94501 ATTN: Doug Yount All notices, demands, requests, or approvals from ARRA to Consultant shall be addressed to Consultant at: Holland & Knight LLP 2099 Pennsylvania Avenue, N.W. Suite 100 Washington, D.C. 20006 -6801 ATTN: Richard M. Gold 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. COST OF LITIGATION: If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the Court may adjudge to be reasonable, including attorneys❑ fees. 6 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 rules 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 filed 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 term, 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. Any modification 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. 7 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. HOLLAND & KNIGHT, LLP ALAMEDA REUSE & REDEVELOPMENT AUTHORITY By: Title: c- -7 OcomdelAcontract\arra\holland&knight03-04contractdoc James M. Flint City Manager RECO PROVAL: Doug Y unt Deputy City Manager, AP Negotiations APPROVED AS TO FORM: 4 4111 Teresa Highsmith th Assistant City Attorney 8 EXHIBIT A SCOPE OF SERVICES 1 In coordination with appropriate outside counsel for the City of Alameda/ARRA, lobby on behalf of the City of Alameda/ARRA with the Congress, the Executive Branch, including the Department of Defense, the Navy, the EPA, and other officials in the federal government as required and directed by the designated representative of the City of Alameda/ARRA to secure, and if necessary, increase federal funding for (1) environmental remediation and redevelopment at Alameda Point, which includes, but is not limited to, the privatization of such environmental remediation, and (2) transportation, infrastructure and other development requirements at or adjacent to Alameda Point to ensure its successful redevelopment. Lobbying services for the purposes as described in this section should also be provided on behalf of the City/ARRA in coordination with appropriate outside counsel with all appropriate agencies, offices, and legislative •representatives of the .State of California as necessary to accomplish the objectives stated. 2. Prepare a written report which sets forth, in reasonable detail, the comprehensive lobbying strategy necessary to achieve the funding goals set forth in Section 1 above. Such written report shall, among other provisions, identify any unique issues/attributes that relate to Alameda Point that could affect the likelihood/success of achieving the funding goals set forth in Section 1 above. Such report shall be updated each sixty (60) days during the relationship. In addition, such report shall be delivered in draft form within two weeks of execution of this agreement, and shall address any additional funding issues requested by the City of Alameda/ARRA. The process for developing the strategies and arguments set forth in such written report, to the extent necessary, shall include the input from designated personnel for the ARRA/City of Alameda. 3. Obtain information and data from the state and federal government on matters of interest to the City of Alameda/ARRA that relate to the goals set forth in Section 1 above. 4. Present and disseminate pertinent information and data on matters before Congress, the Executive Branch, particularly the Department of Defense, appropriate state agencies and legislative representatives relating to the goals set forth in Section 1 above. 5. Advise the City of Alameda/ARRA concerning any matters that may be of interest to the City of Alameda with respect to the goals set forth in Section 1 above. 6. Assist and educate City of Alameda/ARRA's federal and state legislative delegation with respect to the goals set forth in Section 1 above. 9 7. Secure and furnish such detailed information as may be available that relates to the goals set forth in Section 1 above. 8. Review and comment on proposals prepared by the City of Alameda/ARRA for submission to federal and state agencies relating to the goals set forth in Section 1 above. 9. Provide advice to the City of Alameda/ARRA regarding appearances by City of Alameda/ARRA officials and staff before federal and state agencies relating to the goals set forth in Section 1 above. 10. Arrange appointments as necessary with state and federal legislative or administrative representatives and City of Alameda/ARRA representatives as requested relating to the goals set forth in Section 1 above. 10 Compensation 1. It is anticipated the total monthly costs for these services on a time & material basis will be $12,500.00, with a total contract cost of $150,000.00. Consultant shall provide ARRA with monthly invoice illustrating work completed on project tasks with corresponding costs for consultant staff and expenses. Such information should also indicate percentage of total contract to date expended and remaining balance. Invoices to be provided to ARRA within 10 days of start of month for previous month's work. 11 Alameda Reuse and Redevelopment Authority Interoffice Memorandum September 23, 2003 TO: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority FROM: James M. Flint Executive Director 2 -G SUBJ: Report and Recommendation from the Executive Director that the ARRA Governing Body Authorize the Executive Director to Enter into a $98,620 Amended Contract with RBF Consulting for Services Relative to the Alameda Point Reuse Project Background On July 1, 2002, RBF Consulting entered into an agreement with ARRA to assist City staff in formalizing the conceptual plan and infrastructure requirements pursuant to the reuse plan. Discussion The contract was approved and commenced on July 1, 2002 and terminated on June 30, 2003 in the amount not to exceed $75,000. Pursuant to this contract, RBF Consulting has provided services including, but not limited to, reviewing infrastructure /development schemes, analyzing infrastructure and related cost estimates, providing cost estimates as requested, attending meetings and providing technical advice regarding planning and infrastructure issues related to Alameda Point. The attached contract amendment has been prepared to extend the previous contract through September of this year. A new contract is currently being negotiated based on the current status of project negotiations. The consultant agreement includes the scope of services, which is expected to be performed by the consultant, as directed by the ARRA. Fiscal Impact Pursuant to the January 2, 2002 Exclusive Negotiating Agreement (ENA) between the City and Alameda Point Community Partners (APCP), these consultant costs in the amount of $98,620 are fully reimbursable through cost recovery. Therefore, there is no fiscal impact to the ARRA or City budget. Dedicated to Excellence, Committed to Services Honorable Chair and Members of the September 23, 2003 Alameda Reuse and Redevelopment Authority Page 2 Recommendation It is recommended that the ARRA Governing Body authorize the Executive Director to enter into the attached amended contract with RBF Consulting in the amount not to exceed $98,620 per Exhibit `B -1" of the consultant agreement. Doug Yount Deputy City Manager, AP Negotiations JF/DY /IF Attachments: Consultant Agreement and Contract Amendment — RBF Consulting Dedicated to Excellence, Committed to Services C:\EMAII.\RBF. St aftReport.Contract l O- O1- 03.DOC AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this 1st day of October 2003, by and between ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (hereinafter referred to as "ARRA ") and RBF Consulting, a California corporation, whose address is 14725 Alton Parkway, Irvine, CA 92618 -2027, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On July 1, 2002, 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 commence on the 1St day of July 2002, and shall terminate on the 30th day of September 2003, unless terminated earlier as set forth herein." 2. 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 $98,620.00, as set forth in Exhibit "B -1" which is attached hereto and incorporated herein by this reference." 3. Paragraph 9 ( "Hold Harmless ") of the Agreement is modified to read as follows: "Consultant shall indemnify, defend and hold harmless ARRA, the City, its City Council, boards, commissions, officers, employees and volunteers (0 Indemnities 0) 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. If Claims are filed against Indemnities which allege negligence on behalf of the Consultant, Consultant shall have no right of reimbursement against Indemnities for the costs of defense even if negligence is not found on the part of Consultant. However, Consultant shall not be obligated to indemnify Indemnities from Claims arising from the sole or active negligence or willful misconduct of Indemnities. As to Claims for professional liability only, Consultant's obligation to defend Indemnities (as set forth above) is limited to the extent to which its professional liability insurance policy will provide such defense costs." 4. Except as expressly modi tied herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in Cull force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification 01' Agreement to he Executed on the day and year first above written. RBF Co By: By: tc Tine: " C+c S>ic .s• �.....�k- By: `r Title: U t►a► • g•w)n utQa etwnuvbAU2.03mnrn4Qxn ALAMEDA REUSE & REDEVELOPMENT AUTHORITY lames M. Flint City Manager R.ECOMM'NDED FOR ROVAL: Doug ount Deputy City Manager, AP Negotiations APPROVED AS TO FORM: Teresa ig smith t Assistant City Attorney Exhibit `B -1" COMPENSATION TO CONSULTANT Services shall be charged on a time and materials basis, according to the attached hourly rate schedule. Invoices will be submitted on a monthly basis to the ARRA describing the services and costs provided during the previous month. In addition to charges for services, costs and expenses incurred in connection with the provision of services may be submitted for reimbursement of actual cost. Based upon the Services to be Performed, Exhibit "A ", the maximum compensation for the performance of the scope of work, during the period of July 1, 2002 through September 30, 2003, including reimbursement of direct expenses, will not exceed $98,620.00. ■ • ■ CONSULTING HOURLY RATE SCHEDULE Effective January, 2002 OFFICE PERSONNEL Principal (Ken Bell; Gary Miller) $170.00 Project Director 150.00 Structural Engineer 135.00 Project Manager 128.00 Senior Engineer /Planner (Margit Allen; Elizabeth Cobb) 120.00 Corrosion Engineer 100.00 Project Engineer /Project Planner (Josh Stone; Jennifer Heaviside) 100.00 Environmental Specialist 95.00 Design Engineer /Designer /Mapper (CADD) 92.00 Designer /Planner 80.00 Drafter /Graphic Artist 72.00 Environmental Analyst/Staff Planner 70.00 Assistant Engineer /Planner 62.00 FIELD PERSONNEL 2- Person Survey Crew $184.00 1- Person Survey Crew 128.00 Field Supervisor 116.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager $135.00 Field Superintendent . 110.00 Resident Engineer /Project Manager ._:........._.........:_....... 110.00 Senior Construction Inspector 90.00 Assistant Field Superintendent 87.00 Construction Inspector 85.00 Field Office Engineer 80.00 Construction Technician 66.00 COMPUTER & OTHER SERVICE FEES ClericalNVord Processing $45.00 Consultation Relative to Legal Actions 270.00 Vehicle Mileage 0.40 /mile Note' Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. A Subconsultant Management Fee of fifteen- percent (15 %) will be added to the direct cost of all subconsultant services to provide for the cost of administration, subconsultant consultation and insurance. PLANNING • DESIGN • CONSTRUCTION 14725 Alton Parkway, Irvine; CA 92618 -2027 • P.O. Box 57057, Irvine, CA 92619 4057 • 949.472.3505 • Fax 949.472.8373 Offices located throughout California, Arizona & Nevada • www.RBF.com CONSULTANT AGREEMENT THIS AGREEMENT, entered into this Prday of ,Lat. , 2002, by and between .ALAMEDA REUSE AND REDEVELOPMENT AUTHOR' Y (hereinafter referred to as "ARRA "), and RBF CONSULTING, a California corporation, whose address is 14725 Alton Parkway, Irvine, CA 92618 -2027, (hereinafter referred to as "Consultant "), is made with reference to the'following: RECITALS: A. ARRA is a Joint Powers Authority duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Consultant is specially trained, experienced and competent to perform the special - services which will be required by this Agreement; and C. Consultant possess 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 terms 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 J 'G 2002, and shall terminate on the 30th day of June, 2003, unless terminated earlier as set ford rein. 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 $75,000.00, as set forth in Exhibit `B" 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. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the preyailing 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 ARRA nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: ARRA and Consultant intend that the relationship between them created by this Agreement is that of employer- independent Consultant. 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 its 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 ARRAemployee, or a citizen by Consultant or Consultant's employee 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: Except for loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, caused solely by the negligence of ARRA, the City, its City Council, boards and commissions, officers and employees, Consultant shall indemnify, defend and hold harmless ARRA, the City of Alameda, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merits or outcome of any such claim or suit arising from or in any manner connected to Consultant's negligent act or omission regarding performance of services or work conducted or performed pursuant to this Agreement. Except for loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, caused solely by the negligence of ARRA, the City, its City Council, boards and commissions, officers and employees, Consultant shall indemnify, defend and hold harmless ARRA, the City of Alameda, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent act or omission regarding performance of services or, work conducted or performed pursuant to this Agreement. 2 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, the City of Alameda, City Council, its boards and commissions, officers, 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: $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 forthe professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: 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 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. 3 C. FAILURE TO SECURE: If Consultant at any time during the term 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, the City of Alameda, its City Council, boards and commissions, officers,_ and employees shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. 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 consult 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. • 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. SUBCONSULTANT APPROVAL: Unless prior written consent from ARRA is obtained, only those people and subconsultants whose names are listed in Consultant's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subconsultant. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subconsultant's services. Approval of the subconsultant may, at the option of ARRA, be issued in the form of a Work Order. In the event that Consultant employs subconsultants, such subconsultants shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile 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 its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City of Alameda 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 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 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. 5 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: Alameda Reuse and Redevelopment Authority Alameda Point 950 West Mall Square, 2nd Floor Alameda, CA 94501 ATTN: Doug Yount All notices, demands, requests, or approvals from ARRA to Consultant shall be addressed to Consultant at: RBF Consulting P.O. Box 57057 Irvine, CA 92619 -7057 ATTN: Ken Bell 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. COMPLIANCE WITH MARSH CRUST ORDINANCE: Contractor shall perform all excavation work in compliance with the City's Marsh Crust Ordinance as set forth at Section 13 -56 of the Municipal Code. Prior to performing any excavation work; Contractor shall verify with the Building Official whether the excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance. 20. COST OF LITIGATION: If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the Court may adjudge to be reasonable, including attorneys' fees. 21. COMPLIANCES: Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by ARRA. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules 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 filed with the courts of the County of Alameda, State of California. 23. 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. 24. 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 term, covenant, or condition contained herein, whether of the same or a different character. 25. 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. Any modification of this Agreement will be effective only by written execution signed by both ARRA and Consultant. 26. 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. 27. 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. 7 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. RBF CONSULTING By: K If >) i Title: \ c Pre.,. 4._ By: '1",f,--7 Title:.s'� -- ALAMEDA REUS •,‘ REDEVELOP ' T AUTHORITY Jam m s M. Flint Cit Manager \\ALAME OA_POINT\DATAIG ROUP S1COM DE V1C ONTRACT\ARRA \RB FICONTRACT.DOC 8 RECOM t NDE R 0 ► /APPROVAL: Doug Yount Acting Development Services Director Deputy City Manager, AP Negotiations APPROVED AS TO FORM: ,21(--LTL Teresa Highsmith Assistant City Attorney Exhibit "A" SERVICES TO BE PERFORMED Consultant will provide professional consulting services relative to the Alameda Point Reuse Project. Consultant will assist City staff in formalizing the conceptual plan and infrastructure requirements pursuant to that plan. Basic tasks will include, but are not limited to, reviewing infrastructure /development schemes, analyzing infrastructure and related cost estimates, providing cost estimates as requested, attending meetings and providing technical advice regarding planning and infrastructure issues related to Alameda Point and the submittals received from APCP. Consultant will also serve as a member of the Entitlements Working Group. Exhibit `B" COMPENSATION TO CONSULTANT Services shall be charged on a time and materials basis, according to the attached hourly rate schedule. Invoices will be submitted on a monthly basis to the ARRA describing the services and costs provided during the previous month. • In addition to charges for services, costs and expenses incurred in connection with the provision of services may be submitted for reimbursement of actual cost. Based upon the Services to be Performed, Exhibit "A ", the maximum compensation for the performance of the scope of work, including reimbursement of direct expenses, will not exceed $75,000.00. Any compensation exceeding $75,000.00 requires amendment of this Contract. ■ OFFICE PERSONNEL ■ is ■ • CONSULTING HOURLY RATE SCHEDULE Effective January, 2002 Principal (Ken Bell; Gary Miller) $170.00 Project Director 150.00 Structural Engineer 135.00 Project Manager 128.00 Senior Engineer /Planner (Margit Allen; Elizabeth Cobb) 120.00 Corrosion Engineer 100.00 Project Engineer /Project Planner (Josh Stone; Jennifer Heaviside) 100.00 Environmental Specialist 95.00 Design Engineer /Designer /Mapper (CADD) 92.00 Designer /Planner 80.00 Drafter /Graphic Artist 72.00 Environmental Analyst/Staff Planner 70.00 Assistant Engineer /Planner 62.00 FIELD PERSONNEL 2- Person Survey Crew $184.00 1- Person Survey Crew 128.00 Field Supervisor 116.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager $135.00 Field Superintendent 110.00 Resident Engineer /Project Manager 110.00 Senior Construction Inspector 90.00 Assistant Field Superintendent 87.00 Construction Inspector 85.00 Field Office Engineer 80.00 Construction Technician 66.00 COMPUTER & OTHER SERVICE FEES Clerical/Word Processing $45.00 Consultation Relative to Legal Actions 270.00 Vehicle Mileage 0.40 /mile Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. A Subconsultant Management Fee of fifteen- percent (15 %) will be added to the direct cost of all subconsultant services to provide for the cost of administration, subconsultant consultation and insurance. PLANNING • DESIGN • CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618 -2027 • P.O. Box 57057, Irvine, CA 92619 -7057 • 949.472.3505 • Fax 949.472.8373 Offices located throughout Califomia, Arizona & Nevada • www.RBF.com Client#: 6255 RBFCONSUL 5r ACORDT, CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YY) ' 11/26/02 PRODUCER Dealey, Renton & Associates P. O. Box 10550 anta Ana, CA 92711 -0550 (14 427 -6810 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 RBF Consulting PO Box 57057 ..." Irvine,.CA 92619 -7057 INSURER a Travelers Indemnity Co. of Illinois.. INSURER B: Fireman's Fund insurance :Co. ivsuReR c: Underwriters at Lloyd's; London INSURER D: INSURER E: 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 CERTIFICATE.MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) UMITS A GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY P630500D409202 INDP. CONTRACTORS INCLUDED. 11/30/02 11/30/03 EACH OCCURRENCE $1,000,000 $1,000,000 $5,000 X FIRE DAMAGE (Any one (ire) CLAIMS MADE X OCCUR MED EXP (Any one person) X CONTRACTUAL PERSONAL & ADV INJURY $1,000,000 $2,000,000 $2,000,000 X BFPD, XCU, OCP AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE GEN'L PRODUCTS -COMP/OP AGG . POLICY X jECOT- X LOC A AUTOMOBILE LIABILITY ANY AUTO "' ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS_ _.. "-" NON -OWNED AUTOS P810500D409202 ° � • 11/30/02 11/30/03 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSUABILITY XEK00085413029 11/30/02 11/30/03 EACH OCCURRENCE $10,000,000 $10,000,000 $ OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C OTHER Professional Liability P00433000 11/30/02 11/30/03 $1,000,000 Per Claim $2,000,000 Ann( Aggr. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS General Liability policy claims excludes claims arising out of the performance of professional services. Re: 10- 101347, Alameda Reuse and Redevelopment Agency is Additional Insured as respects (See Attached Descriptions) Approved as to Form CITY ATTO ► EY By: ..441 `AF %4 Assistant y Attorney CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LE R. Alameda Reuse & Redevelopment Authority Alameda Point 950 West Mali Square, Blvd., 1, Ste 1.10 Alameda, CA 94501 CANCELLATION Ten Day Notice for Non - Payment of Premium SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXRIM10 C10MAIL30 DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, BKX7ZfIRJI7@Rxtudsx: INCCOXIMOCOOff008000410,800tRKADOOXIMMXIKEMMIRRKIMPACXXSCAR1 P313041001XXXX ACORD 25-S (7/97)1 of 2 #M81822 AUTHORIZED EN (--* MK O ACORD CORPORATION 198 POLICY NUMBER: P630500D409202 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: , Alameda Reuse & Redevelopment , • Authority Alameda Point 950 West Mall Square, Blvd., 1, Ste 110 Alameda, CA 94501 , • (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ' • , ' , ; • . , • ' ; - • , , • „ . , , , PRIMARY INSURANCE IT IS UNDERSTOOD AND AGREED 'THAT THIS 'INSURANCE IS PRIMARY: AND ANY OTHER INSORANCE MAINTAINED BY ',THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS '5. , • , , { ' • , , ' , ' . . ' r , . ' . . , ,,,, , " ' r i , , . .. 4' . ■ . , . . . ., . , 4 , . . , . l,.. , . „ ... , ,... ■ • I . ■ , , ■■ . , . . ' `.. . ,.. ' , ., ■ k , , , % ', ' ■ ,' ', .., . ,,, ,. ■ ., , . , , ., . ■ , , .. ,,, , , , . . , WAIVER OF SUBROGATION: 1:,: ',--. ,...,,,''',-....";,,...'-,-..:.-:,-;I:Y..,;-....-',•::2*,'.f.-:-:':, -...,..-,'-':.'-', ",--:, .': . '', , ..' - , :;.''',;''''-'•,:':::" ,,'-',:,,•::',,-',',.',1:',::::::. ,, -- ..., , •? • -..... : , •, • ,- - .:,..... ,.. , -. . - ,-,,, . - - . . ,. IT IS UNDERSTOOD AND AGREED ' riHAT ' f THE, C)MPANY '.WAIVES , THE ',:RIGHT . , OFJ:-, SUBROGATION AGAINST. THE :ABOVE ,,'ADDITIONAL -. INSURED (S) ,; BUT ONLY AS "-RESPECTS THE JOB OR PREMISES ,DEscriTBED','IN,THE CERTI F I CATE .A.t'TAICIIED HERETO'. ,::,":': -.,' • • • , , • Apipic T oyvAe d.rra;4eotRo NF 0.011;y1709„ Assistani 411 t '1,7041A— Aftorney .4 4 4 O1 Correspondence / Miscellaneous ALAMEDA POINT ADVISORY COMMITTEE July 2, 2003 Honorable Beverly Johnson, Mayor Reuse and Redevelopment Agency Alameda City Hall 2263 Santa Clara Avenue Alameda, CA 94501 Dear Beverly, One of the most difficult and controversial issues in developing the Community Reuse Plan for Alameda Point was the "homeless issue." Under the direction of Alice Garvin of APAC, the guidelines adopted to establish space for the homeless went even further than the Federal mandate required. APAC's vision in this regard was to develop the means to support non-transient homeless and their families, as well as others such as The United Indian Nation, abused women and children, disabled and veterans. The 2-3 year plan is to offer these groups vocational training, schooling for the children and self-sufficiency so that they can eventually contribute to our community. APAC recently toured the Alameda Point Collaborative. Jack Shepherd, Executive Director, and his staff deserve many kudos for instituting the steps to make this dream a reality. We also feel proud to see the beginnings of the results of our vision. The loss of Building 101 presents a challenge but doesn't impede the good works of the Collaborative. The APAC would like to invite the ARRA on a tour to see this tangible result of the Reuse Plan. The ARRA might also wish to hold its meeting at the Collaborative's building, which in itself will give you and the public a great sense of satisfaction, and another instance of the City's achievement. There is a terrific conference room, and Jack has indicated that he would be very pleased for the community to take advantage of this space for meetings. While there continue to be challenges at Alameda Point, and the necessity for close cooperation between APC and The Alameda Point Community Partners in planning the development, all of Alameda should take a look at what has been accomplished there to date. As a sign of the future, we should be proud. I will call you in the next few days to see when a tour could fit into your schedule. APAC thanks you for your ongoing support. Sincerely, Diane Lichtenstein, Vice Chair / Alameda Point Advisory Committee cc ARRA Board, APAC Board Joon Konrad 42 Invincible Court Alameda, California 94501 510 -522 -3789 FAX: 510- 522 -3789 E -mail: jpkonrad @ix.netcom.com June 24, 2003 Mr. John Shepherd, Executive Director Alameda Point Collaborative 677 W. Ranger Avenue Alameda, California 94501 Dear Jack, I'd like to thank you and Jeffrey Thomas for taking the time to show members of the Alameda Point Advisory Committee (APAC) through the impressive APC facilities. What APC has accomplished in establishing a neighborhood where residents can become involved is the essence of a major goal of the NAS Alameda Community Reuse Plan. I'm sure I speak for all the APAC members when I say I hope we can be of some use to you in this endeavor. If you have any thoughts on what we might be able to do, please get in touch with us. Sincerely, Joan Konrad Copy: Diane Lichtenstein AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority Alameda City Hall Council Chamber, Room 391 2263 Santa Clara Avenue Alameda, CA 94501 2. Tuesday, October 14, 2003 Meeting will begin at 6:20 p.m. City Hall will open at 6:05 p.m. ROLL CALL Public Comment on Agenda Items Only. Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3 minutes per item 3. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 3 -A. Property: Negotiating parties: Under negotiation: 3 -B. Property: Negotiating parties: Under negotiation: 3 -C. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA and Navy and Alameda Point Collaborative Price and Terms Alameda Naval Air Station ARRA and Navy and Alameda Point Collaborative Price and Terms Alameda Naval Air Station ARRA and Navy Price and Terms 4. ANNOUNCEMENT of ACTION TAKEN in CLOSED SESSION, if any. 5. ADJOURNMENT Notes: Sign language interpreters will be available on request. Please contact Lucretia Akil, 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.