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2005-04-16 ARRA PacketAGENDA 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 1. ROLL CALL 2. Public Comment on Non - Agenda Items Only. Wednesday, April 6, 2005 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. Anyone wishing to address the Board on non- agenda items only, may speak for a maximum of 3 minutes per item. 3. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER : 3 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Alameda Naval Air Station Negotiating parties: ARRA, U.S. Navy, and Alameda Point Community Partners Under negotiation: Price and Terms Announcement of Action Taken in Closed Session, if any. 4. ADJOURNMENT Notes: ■ Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Frankel at 749 -5800 at least 72 hours before the meeting to request an interpreter. ■ Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. AGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * ** * * ** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Wednesday, April 6, 2005 Meeting will begin at 7:00 p.m. City Hall will open at 6:45 p.m. Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public. 2 -A. Approval of the minutes of the regular meeting of February 2, 2005. 3. PRESENTATION 3 -A. Presentation on the March 3rd and March 23rd Community Workshops regarding Transportation and the Preliminary Development Concept 4. REGULAR AGENDA ITEMS None. 5. ORAL REPORTS 5 -A. Oral report from APAC. 5 -B. Oral report from Member Matarrese, RAB representative. 6. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 7. COMMUNICATIONS FROM THE GOVERNING BODY R EC E I VE D 8. ADJOURNMENT APR 0 4 2005 DEVELOPMENT SERVICES DEPARTMENT CITY OF ALAMEDA ARRA Agenda - April 6, 2005 Page 2 This meeting will be cablecast live on channel 15. The next regular ARRA meeting is scheduled for Wednesday, May 4, 2005. Notes: ■ Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Frankel at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. UNAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, February 2, 2005 The meeting convened at 7:16 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Chair, City of Alameda Tony Daysog, Boardmember, City of Alameda Doug DeHaan, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda Absent: Marie Gilmore, Boardmember, City of Alameda 2. CONSENT CALENDAR 2 -A. Approval of the minutes of the Special meeting of November 3, 2004. 2 -B. Approval of the minutes of the Special meeting of November 18, 2004. 2 -C. Resolution Supporting a Joint Local / State Effort to Speed Up Redevelopment of California's Closed Military Bases. Chair Johnson motioned for approval of the Consent Calendar items. The motion was seconded by Member DeHaan and passed by the following voice vote: Ayes —3; Noes — 0; Abstentions —1 by Member Matarrese. 3. PRESENTATION 3 -A. Presentation /update on Alameda Point Navy Negotiations and Land Use Planning. Stephen Proud gave monthly update on Alameda Point land planning and Navy conveyance process. At the January Meeting with the Navy we developed a Master Timeline with the Navy and got an update on the status of some of the selective restoration sites. We discussed the first phase footprint and key IR sites that are contained within the footprint and the ARRA made a presentation at that meeting of our revised infrastructure costs for Alameda Point. We gave the Navy an update of the status of the Trust exchange with the State Lands Commission. We let them know that the legislation as been approved for the Trust exchange and that we had drafted a draft exchange agreement that we had shared with State Lands Commission staff. Our legal counsel had submitted it to their legal counsel and that we were currently awaiting comments. Elizabeth Johnson, one of our planners at AP made a presentation to the historic advisory board on Jan 7th where we gave them some background information on the historic district and the actions that were underway relative to the historic district. G: \Comdev \Base Reuse& Redevp \ARRA\MINUTES\2005\02 -02 -05 Regular.ARRA minutes.doc On Saturday, Jan 22" we had a tour with the Alameda Architectural Preservation. The group came out and we toured around the base, specifically focusing on historic preservation issues. We had an excellent turnout with well over 15 members attending, along with Page and Turnbull. Two upcoming community workshops: the first one is March 3rd with the planning board; at that one we will focus largely on land use options, a continuing dialogue of what's happening at our first two community workshops. The next would be on Mar 23rd with the transportation commission where we would focus more on transportation related issues obviously and specifically on some of the discussions that we had at our last workshop for estuary crossings. Our goal is take all of those transit options and try and funnel them down to a couple that we can really study in depth as we move forward thru the process. So this is the continuing dialogue on that issue with the transportation commission, again hosted with the APAC as well. Member DeHaan asked how we are planning to get feedback from the Historic Preservation Society on the tour and if they be part of the community workshop. Stephen Proud replied that they were invited to participate in those meetings as an opportunity to make sure their comments came through the workshop format and they were also invited to solicit and give us comments independent of those workshops. Member Matarrese requested minutes of that meeting to give us at least some indication of what they might have said. Stephen Proud began discussions on the ARRA led predevelopment budget: The ARRA has $3.5 million that is available to lead the predevelopment planning period. There was a slight increase on Navy conveyance and on the land use planning side. At this point through the process we've spent @ 45% of what we had budgeted and we're about 12 mo. into an 18 mo. process. Councilmember DeHaan asked if we were anticipating any contract amendments. Stephen Proud replied that at this point, we don't expect there would be any contract amendments. We do have a couple of contracts that have expirations date that were set for Mar 31st but we don't see anything on the horizon that looks like it would result in one of our consultant contracts going up in any extraordinary way in the near future. Member DeHaan asked what the completion date is on the project. Stephen replied that this budget was programmed to take us thru June 30th of 2005 -- an 18 month ARRA led pre development period, from the beginning of 04 to the middle of 05. 4. REGULAR AGENDA ITEMS None. 5. ORAL REPORTS 5 -A. Oral report from APAC There were no representatives from APAC. Chair Johnson stated there were no representatives from APAC. Chair Johnson stated there was an APAC sub - committee meeting this evening therefore there were no members available for an oral report. 2 G: \Conxlev \Base Reuse& Redevp\ARRA\MINUTES\2005\02 -02 -05 Regular.ARRA minutes.doc 5 -B. Oral report from Member Matarrese, RAB representative. RAB met on January 6, 2005. Key topics were the Seaplane Lagoon; site 17.The draft feasibility study was presented. A timeline for implementing remediation for that site in 2006 was discussed. This would be the actual remediation of contaminants in the Seaplane Lagoon. An update of action on the Miller School and Woodstock Child Care Center, site 30 and the remediation activities that went on there. New RAB member, Joan Conrad, voted in. Next meeting is February 3, 2005 at 6:30 pm. 6. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) None. 7. COMMUNICATIONS FROM THE GOVERNING BODY Member Mataresse thanked staff for all the work done, particularly with getting community workshops together and stated that he's very interested in the Transportation workshop on March 23rd, acknowledging that having a transportation infrastructure in place before a development increases the value of the land because it's there and not an encumbrance. A meeting on February 18, 2005 is schedule to reactivate our liaison committee with AC Transit Propose to discuss transportation with a BART liaison committee. Chair Johnson suggests our liaison committee should schedule a meeting with BART, which may need council approval. States BART is a big issue for Alameda. Stephen Proud stated that the logistics had not been worked out yet, but mentioned that it would be hosted as a joint workshop with either one of the boards or commissions and the APAC but that the 4th workshop would be a more general public forum. There was nothing formal discussed for a 5th workshop. Member DeHaan would like to see the Economic Development Commission host the 5th meeting. Chair Johnson stated that discussions regarding EDC hosting had already been done. Chair Johnson asked if there was a public outreach planned. Prior ones very well attended. Great benefit that these workshops are broadcasted live. 9. ADJOURNMENT Mayor Johnson adjourned the open session meeting at 7:51 p.m. Respectfully submitted, Irma Frankel ARRA Secretary 3 G: \Comdev\Base Reuse& Redevp \ARRA\MINUTGS12005t02 -02 -05 Regular.ARRA minutes.doc • City of Alameda Alameda Reuse and Redevelopment Authority March 24, 2005 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: William C. Norton Acting Executive Director 3 -A Re: Presentation on the March 3rd and March 23rd Community Workshops regarding Transportation and the Preliminary Development Concept. Background Since the last ARRA Board Meeting on March 2 "d, the staff /consultant team conducted two community workshops with the assistance of the Alameda Point Advisory Committee (APAC), Planning Board, and Transportation Commission. The purpose of the April 6th ARRA presentation is to brief the Board on the material presented, community comments received, and next steps in the planning process. The March 3rd Workshop was co- hosted by the Planning Board and APAC and focused on the preliminary development concepts for Alameda Point. The meeting was well attended (standing room only in the Council Chambers) and televised, and the attendees provided excellent suggestions for the next drafts of the land use concept. Many attendees also made a point of expressing their gratitude for the amount of information provided and the format of the workshop. The March 231"d Workshop was co- hosted by the Transportation Commission and the APAC and focused on a preliminary transportation plan for Alameda Point. The meeting was also well attended (near capacity for the Council Chambers) and televised. Attendees provided valuable feedback and ideas about how to improve the land use plan to encourage non- automobile use, improve the transportation plan to increase transit use and minimize traffic congestion, and how to focus and refine the evaluation of estuary crossings. Representatives from AC Transit, BART, and the Water Transit Authority also attended the meeting which helped to ensure a well - informed community discussion of the issues. Discussion The attached presentation provides an overview of the information presented at the two workshops. At the April 6th ARRA Board meeting, the staff /consultant team will be prepared to further brief the ARRA Board on the specific work tasks, analyses, and modifications to the draft Preliminary Development Concept and draft Transportation Plan that will be needed to respond to community comments and prepare for the upcoming public meetings, which include: Dedicated to Excellence, Committed to Service Honorable Chair and Members of Alameda Reuse and Redevelopment Authority March 24, 2005 Page 2 Workshop #4 — Late April/Early May `05 • Present Refined Preliminary Development Concept • Present Refined Preliminary Transportation Plan • Present Alternatives Workshop #5 - June '05 • Present recommended Preliminary Development Concept and recommended Transportation Plan • Present Alternatives ARRA Board — July `05 • Present recommended Preliminary Development Concept and Transportation Plan Fiscal Impact No action or additional funds are being requested. Recommendation No action is being requested. This report is for information only. Attachments: 1. Land Use Presentation 2. Transportation Presentation Leslie Little De elopment S es Director Steph-n Proud Alameda Point Project Manager By: Andrew Thomas Supervising Planner Dedicated to Excellence, Committed to Service 2. Overview of the Preliminary Transportation Strategy 1. Overview of Preliminary Development Concept APRIL 6, 2005 ARRA BOARD PRESENTATION -Next steps in the Land Use Planning effort NAS ALAMEDA COMMUNITY REUSE PLAN ROMA DESIGN GROUP ROMA DESIGN GROUP ALAMEDA POINT ALAMEDA POINT GENERAL PLAN AMENDMENT ROMA DESIGN GROUP ALAMEDA POINT Cr) COMPARABLE DENSITY — Gibbons Drive �} r ,- • r. . ' • 4 w,1 • ' 3y t _ yi k / i - - .'S, ' •,:. r v�•a ,•• -w , • � es, ey 19 rif'� , • - t:' •✓� , � • ,�'l� . 1. "i • \C) Ve!..tt.ftt, i.iiLi 77aOat..=.17MOV.1 ,141WHI41H-1.111 .:;h1411 !!!111!1! I! 0 z O 0 la O 0 • ac DUPLEX SHOPHOUSES (2,000 SF lot/unit) ROMA DESIGN GROUP TOWN CENTER — Park Street TOWN CENTER — New Retail ROMA DESIGN GROUP ROMA DESIGN GROUP HISTORIC DISTRICT • Adopted � — mrrrt R„ — .-- .. ...... i AI ! mn 111 11 111 , ki,,,,,:07,61, , a M Contributing Structure to Remain ALAMEDA POINT ROMA DESIGN GROUP Existing Historic District - ROMA DESIGN GROUP Alternatives w L. = c Li! 4/3 0 cri O 2 45 0) C 0. c.) ...F. X 0() w 0) -.--• 0. CD 2, o c a) 0 D 0) C .c) 7i5 0 u, 2). F E Q 'in" E m c > 0 • o a) u) g .> 5 ai (I) = .0 0 0 E '5 6 a) 0- = 0. 0 e) "8" 1. • I- 0 u) 0 0. 0 ca .0 •- o -a Q. ;...• 0 ert m E " -0 ,- 0.. ..... 03 0 00 " 0 0 C c il,-) >41 •C — in .x > a) a) 5 > c c — ... u) 0) a F E a) PI TN .... • . CD ...c. :5 -aca as) c a) • 5k- 0 t..- o ,„ 2 2 "5 .x E w .4 cc a) >0 I It ca 0. co a) 0 0 . . . . s• h' E c o • a. ▪ v E > v_ o c .0 o a c v o • 0 0 cc o .c • Historic Preservation, and • Measure A, • Historic Preservation, and ALAMEDA POINT ROMA DESIGN GROUP C 0 TRANSITION BETWEEN EXISTING AND NEW BUILDINGS — Options ROMA DESIGN GROUP TOWN CENTER — Retail and Mixed -Use ROMA DESIGN GROUP UNIT MIX, TRAFFIC, AND FINANCIAL FEASIBILITY TRADE -OFFS ALAMEDA POINT ROMA DESIGN GROUP 90 o o 0_ o N co c., vo• 9 9 . 9 o o o ci 09 v7 fl, AI C 00 00 C■1 N 0 0 N 1". CO 47 00) 00) N (,) >, .- E as ...-.:' = 2 >, ._ E as .4.-- c 2 ALAMEDA POINT ROMA DESIGN GROUP Alameda Point Transportation Strategy Components of Sustainable Transportation Provide Transportation Alternatives Discourage Automobile Use Land Use Strategies Good pedestrian environment... • Grid street system • Quality streetscape design • Animated public space A mix of land uses... • Housing • Offices • Retail Alameda Point Trip Generation Additional trips through Tubes • 22% of total tube traffic AM Peak Phase 1/Full Buildout • 296/498 trips to Oakland • 116/572 trips from Oakland PM Peak Phase I/Full. Buildout • 227/694 trips to Oakland • 377/658 trips from Oakland Greatest growth seen in future trips coming to jobs in Alameda, entering the city in the morning and leaving in the evening. 2 Initial Phase Transportation Plan EcoPass Shuttle to BART Enhanced Ferry service Car Share program Bike Station Shared parking Parking requirements Bike parking and support Promote car /vanpools Transportation coordinator 3 Bus / Shuttle to BART - Existing Service 5 Bus / Shuttle to BART - Dedicated Service 6 CarShare Pods 7 Long Term Options Busway / Rapid Bus Streetcar / Light Rail Aerial Tramway Grade - Separated Rail Amphibious Vehicles Highway Crossing 8 New Roadway Connection 9 Alignments Alignment West Downtown Fruitvale Oakland Oakland BART Auto Crossing Aerial Tram Shuttle -BRT Streetcar -LRT BART -PRT 10 11 Fruity ale Alignment 12 13 14 15 Fruity ale Station Rail corridor from Alameda Views from top of BART parking garage 16 17 18 Shuttle to Estuary Station West Oakland & San Francisco Esrat:la:,; Alameda Point Transit Feasibility Study fAVZZ:ZM ASZPV" ilkaM1101: WZIP 7=11=5WPM Engineering Feasibility Evaluation Results stat=m=sta tor====ss ma=====se * , usta== PAU 19 West Oakland Alignment Downtown Fruitvale Oakland BART Auto Crossing Aerial Tram Shuttle -BRT Streetcar -LRT BART -PRT ■ 20 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 1. ROLL CALL 2. Public Comment on Non - Agenda Items Only. Tuesday, April 19, 2005 Meeting will begin at 6:00 p.m. City Hall will open at 5:45 p.m. Anyone wishing to address the Board on non - agenda items only, may speak for a maximum of 3 minutes per item. 3. REGULAR AGENDA ITEMS 3 -A. Study Session of the FY 2005 -06 ARRA Budget 3 -B. Recommendation to Authorize the Executive Director to Direct P.M. Realty, Acting as Property Manager, to Enter Into a Contract with Courtney Giampolini to Waterproof City Hall West (Building One) in an Amount not to Exceed $966,650 5. ADJOURNMENT Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Frankel at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. Alameda Reuse. and Redevelopment Authority Interoffice Memorandum April 14, 2005 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: William C. Norton Acting Executive Director Re: Fiscal Year 2005 -06 and Fiscal Year 2006 -07 Budget Workshop Background For several months I have been indicating that significant challenges lie ahead for the ARRA budget and also for the General Fund. For the ARRA budget, those challenges are specifically related to transition planning reflecting two alternative events: 1. The election of the option to proceed with development of Alameda Point in June 2005 by Alameda Point Community Partners (APCP), or 2. The decision of APCP not to proceed in June 2005, and the alternative activity that must take place in preparation for moving forward to develop an alternative development path for Alameda Point. Discussion In the first event, APCP elects to proceed and the ARRA begins to transition activities based upon concurrently processing development entitlements and negotiating a disposition and development agreement with APCP. This is expected to take all of fiscal year 2005 -06 and six months of 2006 -07, completing June 2007. As of January 2007, consistent with the terms of the negotiations, the ARRA would begin conveyance of land at Alameda Point, and APCP would assume most, if not all of the activities currently performed by ARRA/City Staff at Alameda Point. This includes property management, leasing, grounds care, planning, etc. This budget reflects the effect of these changes on the ARRA budget as well as the General Fund. In the second event, ARRA staff begins to develop an alternative development path that seeks out another developer and anticipates a request for proposal process, review, selection and the beginning of a new negotiation process. Fiscal Impact Transition planning for both alternatives has some significant impacts upon both the ARRA as well as the General Fund. The study session is intended to inform the ARRA Board members about the existing ARRA budget and the functions currently being performed by that budget, the transition planning, and impacts on the ARRA staff and General Fund of the proposed APCP development plan. Dedicated to Excellence, Committed to Service G: \Comdev\Banks\ARRA Staff Reports\Budget Workshop.doc Report #3 -A - ARRA 4 -19 -05 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority April 14, 2005 Page 2 Recommendation The Executive Director recommends no action at this time. This is an informational workshop. LAL:dc Respect I. i y submitted, 400, Pi es ie e Development Services Director Attachments: ARRA Projected Revenue/Expense Summary Budget 2004 -2007 PowerPoint Presentation G: /Banks /ARRA Staff Reports/Budget Workshop.doc Dedicated to Excellence, Committed to Service 40 0. 17 ou) (.0 (0 0 0. (0 4. co 0 4' 432 cc co csi 03 $1,811,352 Fund balance from previous year PROJECTED FUND BALANCE -o 0 co c >„ co c a) -a- u) . 0 a) 8 a. .0 0 0 E = 2 .2 o 0_ . E co a 0 0 ...., 0 a) u) >, 0 5 cm c o) (0 c ..S 8 I) -c) 43 c To' a 0. a ..., c (0 (0 .>. _ co c a c co a '6- c ...... co a) a • a ca 8 0 0 0 0 :=1 E E 8 a 0 ..., (To -o M . 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CV 0 CV to to (.-. 1-- 49 c5 c5 6 04- te 609 64 69 69 49 1.6' co- 69' (9 49 69. 69 69 0 0 0 01 (0 0 0 0 ol 0 o CVC)CDCDCDOOOCV CD 0 0 o- C) 0 CV 64 69. -4,1 N te E9 49 -WI 49 N 0) 0 c) CO 0 te 0 0 0) 00 000 0 o r- r- ,,-,. o o o o o o ,-- 00 o In co 4 o o -: r: 0 u555 5,-5 0 C4 d v- d ,6 8o ,- o o o cy O 0 O CO CV 8 0) (‚4 (000 00 0 (0) O CV 40 (0 c5 ci O CV - ft> (9 C9. 69 EA ,3:' (.4 E9. fa ic3 .1... 64 64 EI, 64 E >, CO 0_ 8 a) .E)..- >, > > 03 (0 (0 E c >, co as E E ° ° o .-, - )I 00.0 = > .o_ X c c a) 0 0 0 X a_ 0 t5 c0 co Lt fl) o a) El 2 c c *o - o- o) cu .- 11- (r) a) a) al 12- CY a) 0. IS &) 76 3 X f2C t-ii = a.) 0 2 0 4 z .0 , 0 - a3 a) .... ui 8 co '8' > 0 ■._ JP_ CD 0 . a) EL a) a) = w a ....1 a. u. 0 V) 2 0 < M 0 a. Total Revenues --,.. 0 a) .... ...„ lc tn .- 0 00 00) 10 E in c co c ty a, 0 a) a) a) a> 00 .,.., 0 • X 4., E co tu a.) C a) cll 6-- a) 0 2 • ca 0) 73 CD C Cal3 0) c . w 5 0 0 E as w as a) ,„ ,.... 0 •-- ...... LL1 ca 2 75 Li- tI5 TU E ,... ci) c a) Ix c >, - o a) a) 2 = la = Da C in Q. = , • , a) e- -5 it 0. 025 :7._-. 8 8 n, a) M a co 0 0 2 0 W co u- --... _ c LL.1 "411 0 c"--cvi(O=1.75 Q-C•tt c ,.„. *- •••=. LI a) u.j 2 o o '5 0 .0-, (I) *5 q U) - . i0** 5 (0 5 2 « ODCD(..)COCL-gc CL-03000-q.-0-q.< 11.1 0. C/)0 0 0 ti O 03 O O N 0 O O co } 11. R E E (1) a) coN d Q R d d d mg co 1— d a) o o as o V c U .0 > ooa 'O OON fdiW� M t7 co• 0 N c0 tV N ch Cf t�D O ^ 9 co ▪ r.- co , N OC. efJ ff) H9' iNR^ iR O'O 0OM - ���� 0 CI CO N 0 M O w 1nv'0 7 00 r C 0 03 0 r et 00 N a 64 b9 ER w 0 co 0 ERER691609 CO M r- O.; 00 co ct r.. 01 O a) ( .t' CV _ N et O> 0"a 6OcO 4 r co • ti3 N CO m fs • ER ER fl,, Total Expenditures Net Impact (Rev. Tess Exp.) Ending Fund Balance czt s � .a o � a o � °,4744 n4-) W) o 77.,) AC) r.c: N � U 0 � a O .� cit � v cip O O t--- :1.4(L) c.„ — ci.) — 0 E co (.1., ;._, ,L, 7,E, ir4 ct ci.) O CD N � N �, (4--•1 1 ct O N ct A-) C:14 r .5 E Lease revenues U 725 $:14 b.Q 7:1 U ,•■ ct 1.) bQ .,- o� ct 1 w Proj ect- related tax increment '-C: 4a) 4-4 CA C: 0 '" " -+—) a) 0 -F-43 sat a) U 0 -.0 O 0 ct 41.4 Pam4 rla Ci) at '2 R C14 v-C$ fl-4 at CID Cid ruZi -4-4 -.4 M CI) (1.) . 2 . y..4 C•i-, -4• -▪ 4 ,---.4 4::) • v--1 E +,.) N c) cL-iezt ct -F—IcA c:2) .02.4 cS 1m tr, CCU 0 4.) d) .'—� '� O • -48 i) 43 c� O cc3 p �' T--4 1 ;.-ii O `� U 4-i O co T-c) cip 0 ;._4 t-i'D ....I 7:, •vE c„ 0 c) c) _06 r____+-' ,---. 4-4 1.) e+it 0 c) cf) cli c.) c) czt c) a) t---. 0 0,..4 c) r-c c) o o ,..., c)`' 0 "--1 (2)EN r.c: .r:) ,r) c.) O �., r� 0 O C-li (:) L.) cl 0 • • • — Lease Revenues Cip U 1) • r-, • r-, CC3 N .1-4 • r-4 bA U a) cip O .0 o r 1 1 — Municipal Services 5 '2 c't 0. g x e = E '5 ..g.ci 0_ E 0 o E 0E 0 N 1 N 1 6F} * See Table 1 7:) rT1 v c17'1 u a) C.,7 r-ci-E't Contribution 2006/07 $4.6mi] C) C) N• •a d' kr) C) •O ~ Iniq 'd' Eel O OII N• [Al 1101 Tice PO .O • 7: O 44" 7:3 U •O ram, revenues to increase GF revenue 0 -4.ae • /.ii • • o L2 ^^ Fi Cl 4D q) O E ..,-- O 00 (-2) .< 4. w o o v4 U U 4) ct O E -'4"7-) ;..., ct to • ,-. .c;) c) 4.J 1.) c) ;..., con ---, ct kr) . 1.) ,4 c) a." E c14 rz:c1: a.) . O .4.� a) rti (1.) r7:: 7; o .1t-4 o • \ k („) U t1.) �J 0 (1) �, Q Alameda Point Proforma City Revenue Assumptions 0 a) a) a) L) a) 4 0 • N O Cip P. 0 c-g .5_, :., o - E PG a) .� E o eN Up 7t. v 4) o r 1 ct E R o o a)� = . �� N C1) aj Cs N al tll © r� o w o • :-.8 C O °� j o (t) 0 I I I Q 1 1 0 ct $2)-1 0 a C/] cp a) Clq in FY 2005/06. CC3 1) a) 0 • a) a) rsz a� N and a half to cover future shortfalls. 00 O 00 N 00 N GIS .41 o 49 a.) 'Tit 4.4 !DJ) 41) p4 N 61g Alameda Reuse and Redevelopment Authority Interoffice Memorandum April 13, 2005 TO: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority FROM: William C. Norton Acting Executive Director 3 -B SUBJ: Report Authorizing the Executive Director to Direct P.M. Realty, Acting as Property Manager, to Enter Into a Contract with Courtney Giampolini to Waterproof City Hall West (Building One) in an Amount not to Exceed $966,650. Background Several capital projects were completed on City Hall west in FY 2003 -04; installation of an elevator and a complete re- roofing. The roofing project was the first phase of preventing water intrusion into the building. The second phase involves water sealing the exterior and re- caulking of the windows. City Hall West (Building One) is a 37,084 square foot building constructed by the Navy in 1939. There is approximately 36,000 square feet of concrete on the structure with approximately 350 windows. City staff began occupying the building in August 1997. Since the negotiation of the ARRA Property Management Agreement, building maintenance for the exterior of "City - controlled" buildings has been managed by the contract property management company P.M. Realty Realty Group (PMRG). This project was originally brought to the ARRA Governing Body for approval in September 2004, but was pulled from the agenda. The project was pulled from the agenda because during the preparation walk - through of the project, the contractors noticed that the condition of the building was far worse than originally expected. The existing paint was beginning to buckle and pull off of the bldg. If a sealant were applied on top of the paint, there would be no guarantee the sealant would adhere and that the product warranty would be valid. PMRG needed to determine if the building needed to be stripped or if there was another alternative. PMRG knew that if the entire building needed to be stripped and prepped for the watersealing project, the project cost would increase significantly. PMRG with Wiss Janney, Elster Associates, Inc (WJE), tested several new sealant products on Building 1 but concluded the best long term solution for the building, while offering the City a warranty, would be entirely stripping the paint and sealing the building. Discussion In December 2004, PMRG engaged WJE to provide a scope of work for the sealing project. Levine, Fricke (LFR) provided the scope of work for asbestos abatement and paint preparation for lead - contaminating paint. After a thorough examination of the structure, the detailed scope of work, which included: • Abatement: Removal of existing asbestos coating putty and sealant from concrete walls and windows; Dedicated to Excellence, Committed to Service G: \Comdev\Base Reuse& Redevp\ARRA \STANFREP\2005 \4 April\April 19 Special Meeting \4 -B. Bldg. One Se Report #3 -B - ARRA 4 -19 -05 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority April 7, 2005 Page 2 • Installation of scaffolding to access building to perform repairs; • Concrete patching — both repair and spall repair; • New sealant installation; • New elastometric coating installation; • Waterproofing at canopies • Wood window replacement; and • Replacement of 10 existing downspouts. With the initial project, bids were solicited from the following contractors: Western Waterproofing (San Rafael), Giampolini Courtney (San Francisco), Rainbow Waterproofing & Restoration (San Francisco), Urban Waterproofing (San Rafael), Alpha Restoration & Waterproofing (South San Francisco). Bids for Environmental Contractors were solicited from: Bluewater Services, Inc. (San Leandro), Complete Decon, Inc. (Benecia), F. Scott Industries (Richmond), and LVI Environmental Services, Inc. (San Leandro). The bid walk - through took place with all of the waterproofing and environmental contractors on August 4, 2004. Bids for the original project were received from five contractors on August 16, 2004. In order to contain costs and to better coordinate schedules, it was decided that the environmental contractor would be a sub - contractor to the waterproof contractor. As mentioned previously, during the preparation walkthrough in September, it was determined that the project should not move forward as it was originally designed, due to the condition of the building. PMRG re -bid the project in October 2004 and received new bids from everyone except Western Waterproofing. After reviewing and clarifying bid information, PM is recommending Courtney Giampolini, as the lowest bidder most responsive bidder. The total estimated cost includes a 3 percent construction management fee for PM and 5 percent project contingency. The cost of the project is being driven by the environmental work associated with removing the lead -based paint from the building, as well as the asbestos contained in the caulkladhesive around the windows. As you can see from the project cost summary (Attachment 1), more than half of the cost is attributable to lead and asbestos removal. The project needs to move forward as cracks in the concrete of the building compromise the condition of the roofing project and the health and safety of City Hall West personnel. Over the winter, roofers did several inspections of reported roof leaks. It was discovered that the roof was not leaking, however water was intruding into the building through cracks in the surface of the building and through the wood frame windows. In fiscal year 2003 -2004, building one underwent mold abatement in several areas of the building, which tested high for mold spore concentration. The building needs to be made water -tight to avoid further mold contamination and to begin addressing some of the deferred maintenance issues. Fiscal Impact Waiting for the end of the rainy season allows us to fund the project over two fiscal years ($466,650 in FY 2004 -05 and $500,000 in FY 2005 -06). ARRA lease revenue will be used to fund this project. PM Realty has already identified $233,000 of new income (not included in the 2004 -05 revenue projection) projected Dedicated to Excellence, Committed to Service Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority April 7, 2005 Page 3 for this fiscal year. In addition, funds from the roof contingency and property management cost savings may be reprogrammed. No General Funds will be used for this project. Recommendation The Executive Director recommends that the Alameda Reuse and Redevelopment Authority authorize the Executive Director to direct P.M. Realty, acting as property manager, to enter into a contract with Courtney Giampolini to Waterproof City Hall West (Building. One) in an Amount not to Exceed $966,650, recommended in a form substantially in the form a . ched (Attac ent 2). LL/NB:dc Leslie Little Development Services Director By: Nanette Banks Finance & Administration Manager Attachment 1: PM Realty Group Revised Project Cost Summary Attachment 2: Draft Agreement Dedicated to Excellence, Committed to Service Attachment 1 ■M Realty Group REAL ESTATE SERVICES Revised Project Cost Summary Project: Alameda Point Building 1 Exterior Facade Repair / Repaint Date: Prepared by: Based on: Wiss Janney Elstner (WJE) Distribution: and Lavine Fricke (LF) Specifications Environmental Consultant - Levine Fricke nalysis, evaluation, specification and air monitoring Waterproofing Consultant - Wiss Janney Elstner Inspection evaluation, specifications, and construction observation Reimbursable Allowance Abatement, Waterproofing, Repainting - Courtney Giampolini. Based on low net bid, reference attached bid analysis Landscape Trimming for Access - Allowance Electrical Removal / Replacement - Allowance Subtotal PMRG Const.Mgmt. Fee (so- $10o,000 ©5 %, $100,001- $500,000 ©4%, > $500,000 ©3 %) Contingency @ 5% Total Estimated Cost October 20, 2004 Rick Jones, PMRG VP - Construction Nanette Banks (w/ attach for approval) Pete Carrai (w/ attach) David Jaber (w/ attach) Shayna Eskew (w/ attach) Manny Moreno (w /attach) Temporary Sealant Work Oct. -Nov. 2004 N/A Lead & Asbestos Removal 2005 $ 28,000.00 Paint, Reseal & Partial Window Replacement 2005 5,000.00 $ 34,000.00 500.00 $ 1,000.00 $ 2,000.00 $ 21,879.00 $ 27,379.00 $ 1,368.95 $ 1,368.95 $ 30,116.90 $ 463,870.00 $ 351,130.00 $ 1,000.00 $ 4,000.00 $ 492,870.00 $ 20,714.80 $ 24,643.50 $ 538,228.30 Approved by Nanette Banks for Alameda Partners Date $ 392,130.00 $ 16,685.20 $ 19,606.50 $ 428,421.70 Notes: 1. Abatement costs are taken from the Courtney Bid Breakdown line item #1 on the attached Bid Summary. 2. Paint/reseal costs are calculated by subtracting abatement costs ($463,870) from Courtney's adjusted base bid ($815,000) '`"ternates: Payment and performance bond $12,120 Approval 2. Replace all downspouts $21,879 Approval ATTACHMENT 2 CONTRACTOR AGREEMENT No. THIS AGREEMENT, entered into this XXth day of August, 2004, by and between PM REALTY GROUP, L.P. ( "Manager "), as agent for the Alameda Reuse and Redevelopment Authority, a Joint Powers Authority Established by the City of Alameda and the County of Alameda Under the California Joint Exercise of Powers Act (hereinafter referred to as "ARRA "), whose address is 2175 Monarch St, Alameda, CA 94501, and , a whose address is (hereinafter called "Contractor "), in reference to the following: RECITALS: A. ARRA has an interest in certain real property and improvements known as Alameda Point located in Alameda, California, on behalf of the ARRA (the "Project "). B. PM Realty Group, L. P., a Delaware limited partnership, has been appointed as the manager of the Project and is authorized to enter into this Agreement as "Agent" for the APCP. C. Manager and Contractor desire to enter into an agreement for sealing/waterproofing repairs and environmental remediation in accordance with Specifications, Special Provisions and Plans as attached in `Exhibit A." NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within five (5) working days after receiving notice from the Manager to commence the work, and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as "Exhibit B" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the Manager, with checks drawn on the treasury of the ARRA, to be taken from the operating fund. Payment will be made within thirty (30) days by the Manager in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made for 90% of the value of the work. The Manager shall retain 10% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within 15 days of acceptance by the Owner of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. 4. TIME IS OF THE ESSENCE: Contractor and Manager agree that time is of the essence regarding the performance of this Agreement. It is agreed by the parties to the Agreement that in case all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in paragraph 1 above, damage will be sustained by the Manager, and that it is and will be impracticable to determine the actual damage which the Manager will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the Manager the sum of $500.00 (five hundred dollars) per day for each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the Manager may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the Manager shall have the right to extend the time for completion or not, as may seem best to serve the interest of the Manager; and if it decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the Manager, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, within one (1) day from the beginning of such delay, notify the Manager in writing of the causes of delay. The Manager shall ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be final and conclusive. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the Manager, or ARRA, nor have any contractual relationship with Manager or ARRA. 6. INDEPENDENT PARTIES: Manager and Contractor intend that the relationship between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of Contractor, 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 Contractor's services. None of the benefits provided by Manager to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from Manager to Contractor, 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 Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor 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. Contractor shall indemnify and hold Manager, and ARRA harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON- DISCRIMINATION: Consistent with the Manager's policy that harassment and discrimination are unacceptable employer /employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a Manager or City of Alameda employee, or a citizen by Contractor or Contractor'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. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall indemnify, defend, and hold harmless Manager, Alameda Point Community Partners, ARRA, the City of Alameda, its City Council, boards, commissions, officials, employees, and volunteers ( "Indemnitees ") from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees ( "Claims "), arising from or in any manner connected to Contractor'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 Indemnitees which allege negligence on behalf of the Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence is not found on the part of Contractor. However, Contractor shall not be obligated to indemnify Indemnitees from Claims arising from the sole or active negligence or willful misconduct of Indemnitees. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish Manager 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 Contractor'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 ARRA by certified mail, "Attention: Risk Manager." It is agreed that Contractor 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 Manager and licensed to do insurance business in the State of California. Endorsements naming the United States Department of the Navy, Alameda Reuse and Redevelopment Authority, City of Alameda, Alameda City Council, their respective Boards, Commissions, Officers, Employees and Agents, Alameda Point Community Partners, LLC, PM Realty Group, their Officers and Employees as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor 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: Personal Injury or Death: $3,000,000 each occurrence Property Damage: $1,000,000 each occurrence If submitted, combined single limit policy with aggregate limits in the amounts of $3,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limit: Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor 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, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to the ARRA, APCP, Manager, or the City of Alameda on behalf of any insurer providing comprehensive general liability, and automotive liability insurance to either Contractor or ARRA, APCP, Manager, or the City of Alameda with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against ARRA, APCP Manager, or the City of Alameda by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, Manager shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor 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: The United States Department of the Navy, Alameda Reuse and Redevelopment Authority, City of Alameda, Alameda City Council, their respective Boards, Commissions, Officers, Employees and Agents, Alameda Point Community Partners, LLC, PM Realty Group, their 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 Manager are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor shall furnish the following bonds from a bonding company acceptable to the ARRA's Risk Manager: A. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials: A bond for labor and materials in the amount of 100% of the total contract price. 12. PROHIBITION AGAINST TRANSFERS: Contractor 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 Manager. 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 Contractor from Manager 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 Manager by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from Manager or ARRA is obtained, only those people and subcontractors whose names are listed in Contractor'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 subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of Manager, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors 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 Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, 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 Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the ARRA. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the ARRA, or Manager. Contractor shall, at such time and in such form as the ARRA, or Manager may require, furn ish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Manager that relate to the performance of services under this Agreement. Contractor 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. Contractor shall provide free access to such books and records to Manager or ARRA at all proper times, and gives Manager or ARRA the right to examine and audit same, and to make transcripts there from 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 the ARRA, or Manager's preliminary examination or audit of records, and the ARRA, or Manager'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 Contractor shall reimburse The ARRA for all reasonable costs and expenses associated with the supplemental examination or audit. This section limits the records available to payroll, invoices, contracts, or manufacture correspondences to the project covered under this Agreement. 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 Contractor to Manager shall be addressed to Manager at: Alameda Reuse and Redevelopment Authority c/o PM Realty Group L.P. 2175 Monarch St. Alameda CA 94501 Attention: Property Manager All notices, demands, requests, or approvals from Manager to Contractor shall be addressed to Contractor at: 18. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. Manager reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or hannful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to Manager. 19. REQUIREMENT TO PAY PREVAILING WAGE Contractor shall comply with the City of Alameda Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The Manager shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit monthly certified payroll records to the Manager or all employees and subcontractors in a pre- approved format or a City of Alameda provided form. Any delay in remitting certified payroll reports to the Manager upon request from the Manager will result in either delay and/or forfeit of outstanding payment to Contractor. 20. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de- watering activities and saw - cutting activities; shovel or vacuum saw -cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Alameda County -Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up- graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the State' s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385. 21. COMPLIANCE WITH MARSH CRUST ORDINANCE: Contractor shall perform all excavation work in compliance with the City of Alameda'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. 22. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor 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 Contractor from Manager of written notice of default, specifying the nature of such default and the steps necessary to cure such default, Manager may terminate the Agreement forthwith by giving to the Contractor written notice thereof. Manager shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor 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. 23. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by The ARRA, City of Alameda, or Manager. 24. 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. 25. ADVERTISEMENT: Contractor 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 The ARRA or Manager to do otherwise. 26. WAIVER: A waiver by the ARRA or Manager 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. 27. 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 Manager and Contractor. 28. 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. 29. CAPTIONS: The captions in this Agreement are for convenience only, are not apart of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 30 SEVERABILITY If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remaining terms and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR MANAGER: PM REALTY GROUP, L.P., as agent for the Alameda Reuse and Redevelopment Authority. By By: Title Title: Exhibit "C" Utilities Contractor shall pay all charges for fuel, gas, water, electricity, telephone services and any other utilities necessary to carry on the operations of Contractor. Exhibit "D" Nuisance Contractor shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. Exhibit "E" Safety Requirement All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to City.