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HomeMy WebLinkAbout2002-06-17 City Council (15)TO: ATTENTION: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL I ~, III CITY MANAGER DEPARTMENT: CITY MANAGER DATE: SUBJECT: JUNE 17, 2002 CMR: 278:02 APPROVAL OF AMENDMENT IN THE AMOUNT OF $27,300 FOR A TOTAL CONTRACT AMOUNT OF $92,300 FOR CONSULTING SERVICES CONTRACT $2140446 WITH DAVID POWERS AND ASSOCIATES TO COMPLETE AN ENVIRONMENTAL IMPACT REPORT FOR THE EDGEWOOD REDEVELOPMENT PROJECT AREA RECOMMENDATION Staff recommends that the City Council approve .and authorize the City Manager to execute the attached amendment in the amount of $27,300 to a consulting services contract with David Powers and Associates, for a total contract amount of $92,300, for preparation of the Environmental Impact Report for the Edgewood Redevelopment Project Area. Based on the need to move forward in a timely manner with the EIR, staff recommends that the City Council amend the contract without requiring review by the Finance or the Policy and Services Committee. BACKGROUND On July 9, 2001, the Palo Alto City Council passed and gave first reading t° an ordinance declaring the need for a redevelopment agency in Palo Alto. The Council also declared itself to be the redevelopment agency and made the finding that the formation of a redevelopment agency "will serve the public interest and promote the public safety and welfare in an effective manner" in accordance with the Health and Safety Code Section 33200. The ordinance establishing a redevelopment agency in Palo Alto was adopted on August 6, 2001. Subsequently, the Edgewood Plaza was designated as a Survey Area and the procedures for adoption of the Redevelopment Plan were initiated. As a part of the redevelopment plan adoption process, the Draft Environmental Impact Report (DEIR) and Redevelopment Plan were referred to the Planning and Transportation Committee for comment and review. CMR ~-7t~’:O~-Page 1 of 3 The DEIR describes the existing environmental conditions in the project area and assesses the environmental impacts of the Redevelopment Plan. The DEIR recommends mitigating measures for construction activities, flood control, visual impacts, cultural resources impacts and transportation impacts. As a part of the Environmental Review Process, two significant impacts were identified. These were: Identification of the Edgewood Center as a cultural resource Identification of significant unmitigated traffic impacts At the March 4, 2002 Palo Alto Redevelopment Agency Meeting, the Agency reviewed the DEIR. Several changes were made which were incorporated into the DEIR and the Agency approved circulation and review of the document. Following this meeting, the DEIR was circulated for the 45-day mandatory review period required by CEQA guidelines. ~ DISCUSSION Over 103 pages of comments were received on the DEIR, many of which address issues such as traffic impacts and density, thus exceeding the City’s expectations of the number of comments that needed to be addressed by the consultant. In addition, to ensure an adequate review of cultural resource impacts, it was determined by the EIR consultant that additional historic analysis would be required. Edgewood is the only known Eichler- developed shopping center constructed. Additional funds are required to deal with the volume of responses and additional changes to the original scope of work as described. The consultant, David J. Powers Associates.was chosen because it had demonstrated the necessary expertise to complete the Edgewood Project Environmental Impact Report within the designated time frame and could provide adequate information and responses regarding the project’s historical, and community significance. NEXT STEPS In the coming months, other actions may be taken by the City Council/Redevelopment Agency in the adoption of a Redevelopment Plan for Edgewood Plaza, which include: Approval of Report to City Council on the Redevelopment Plan Adoption of Redevelopment Plan Certification Final Environmental Impact Report Adoption of Rules for Owner Participation RESOURCE IMPACT CMR Page 2 of 3 The 2001-02 David J. Powers Associates contract is for $65,000 and must be increased :by $27,300 as follows: $2,300 for historical analysis of Edgewo0d Project Area $25,000 for additional services necessary to respond to comments and integrate changes into the Final Environmental Impact Report Funding for this increase is included within the 2001-02 Adjusted City Manager’ s Department budget. It should be noted that these expenses will be included within a loan agreement between the City and the Palo Alto Redevelopment Agency. The loan will eventually be repaid with in~ terest as detailed in the Cooperation Agreement between the organizations. " POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONMENTAL ASSESSMENT This is not a project under the California Environmental Quality Act and therefore environmental review is not required. ATTACHMENTS Amendment No. i to Consulting Services Contract $2140446 with David J. Powers Associates PREPARED BY: Manager, Economic Resources Planning CITY MANAGER APPROVAL: FRANK BENEST City Manager CMR Page 3 of 3 CONTRACT NO~ BETWEEN THE CITY OF PALO ALTO AND DAVID J. POWERS & ASSOCIATES FOR CONSULTING SERVICES (Environmental) This Contract No.is entered into , 20021 by ind between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and DAVID J~ POWERS & ASSOCIATES, a California Corporation~ (~CONSULTANT"), located at.1885 The Alameda, suite 204, san Jose, CA 95126 (Taxpayer ID No. 77-0219577). RECITALS: WHEREAS, CITY desires certain professional.consulting services "Services"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to. engage CONSULTANT, in providing the Services by reason of its qualifications and experience in performing the Services, including CONSULTANT’s previous work for CITY, and CONSULTANT has offered to complete the environmental document on ~he terms and in. the manner setforth herein; NOW, THEREFORE, in consideration of t~e covenants, terms, conditions, and p~ovisions of this Contract, the parties agree: SECTION I. TERM I.i This Contract will commenceon the date"of its execution by CITY, and will continue in full force~and effect until terminated as provided in this Contract Time is of the essence of this Contract. It is understood and agreed that the Services will be provided as set forth in Exhibit ~A". 1.2 This Contract is for an initial period ending June 30, 2003, and may be extended by mutual written agreement of CITY and CONSULTANT ’ SECTION 2... RETENTION OF CONSULTANT TO PERFORM SERVICES 2.1 In reliance upon the .representations and warranties set forth herein, CITY hires CONSULTANT toperform, and CONSULTANT covenants and agrees that it will perform, the Services.. SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF CONTRACTOR 3.1 CONTRACTOR represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONSULTANT further represents and warrants that the project director and e+eroy individual charged with the performance ~fthe Services. are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them. or under their supervision.~ CONSULTANT itself shall perform all Services under this Contract except as otherwise permitted in Exhibit. "A". 3,2. CONTRACTOR will assignMichelle Yesney to act as the project director and project coordinator with responsibilityfor the performance, progress,’ and.provision of the Services. If circumstances or conditions subsequent to the execution of this Contract causethe substitution, of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute, project coordinator will be subject to the prior written approval of the project manager. 3.3- CONSULTANT represents and warrants that it will: 3.3..1 Procure all permits and l.icenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful.prosecution of the Services; 3.3.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.3.3 At all times observe and complywith, and cause its employees and consultants, if any, who are assigned to the. performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.3.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decreesmentioned above in relation to the Services. 3.4 Any reports, information, data or other material (~the Deliverables") given to, or prepared or assembled by or on behalf of CONSULTANT under this Contract will become the property of CITY and will not be made available to any individual or organizatio~ by CONSULTANT or its consultants, if any, without the prior written approval of the City Manager. 3.5 CONSULTANT will provide CITY with the required number of originals and copies of the reports, letters, memos, schedules, drawings,, documentation and other writings, if any, which may be required .under Exhibit ~A" to this Contract, upon completion and acceptance of’the same by CITY. 0206! I ¯ 0053056 2 3.6 If CITY requests additional copies of reports, drawings, specifications or any other material which coNSULTANT is required to furnish in limited quantities in the performance of the Services, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplication costs. 3.7 CONSULTANT will be responsible for employing or engaging all Persons necessary to perform the Services. All consultants of. CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for %heir performance. If any employee or consultant of CONSULTANT"fails or refuses to carry out the provisions.of this Contract or appears to be incompetent or to act in a disorderlyor improper manner, the employee or consultant will be discharged immediately from further performance Under this Contract ondemand of the project manager. 3.8 In the provision of the Services, CONSULTANT and its consultants, if any, will at all times be considered independent consultants and not agents or employees of CITY. SECTION 4. DuTIES oF CITY 4.1 CITY will furnish or cause ~to be furnished the specified Services listed in Exhibit ~A" and such other information regarding its requirements applicable tothe Project"as may be reasonably requested by.CONSULTANT. 4.2 The City Manager will represent CITY for all purposes under this contract. The Manager of Economic Resources Planning is designated as the project manager for the City Manager and may in turn name in a writing delivered to CONSULTANT, a designate as project manager or assistant.project manager. The project manager will supervise the performance, progress, .and execution of the Contract. 4.3 If CITY observes or otherwise becomes aware of any default in the performance of.CONSULTANT, CITY will use reasonable .efforts to give written notice thereof to CONSULTANT in a timely manner. SECTION 5. COMPENSATION 5.1 In consideration of the full performance of the Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT the sum not to exceed a total of. Ninety Two Thousand Three Hundred Dollars ($92,300). The amount of compensation will.be calculated in accordance with .the ChargeRate Schedule on a time and materials basis as set forth in Exhibit ~B" up to a maximum amount set forthin this Section. The fees of any consultants, who .have direct contractual relationships with CONSULTANT,. will.be approved, in advance, by CITY. CITY reserves 0~06! ~ lh 0053056 3 the right to refuse payment of such fees, if such prior written approval is. not obtained by CONSULTANT. .5.1.2 Payment will be made within thirty (30)~days of submission by CONSULTANT of a statement, in triplicate,, of itemized costs. ’ SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OR RECORDS 6.1 CONSULTANT will permit CITY .to audit, at any reasonable time during the term ofthis Contract and for three (3). years thereafter, CONSULTANT’s records pertaining to matters covered by this Contract.~ CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the term of this Contract.. 6.2 .The originals of the Deliverables prepared by Or under the direction of CONSULTANT in the performance of this Contract will become the property~of CITY irrespective of whether the Contract is completed upon CITY’s payment of the amounts required .to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY.will have the right to utilize any final and incomplete drawings,: estimates, specifications, and any other- documents- prepared hereunder by specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibilitY or liability for any. alterations or modifications 0f such documents. SECTION 7.INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defendand hold harmless.CITY, its Council members, officers, employees and agents from any and all demands, claims, or liability of any nature, including death or injury to any person, property damageor any other loss, caused by or arising out of .CONSULTANT’s, its officers’, agents’~ subcontractors’ or employees’ negligent acts~ errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict-liability on CONSULTANT in .the performance of or failure to perform its obligations under this Contract. 7.2 CITY .agrees to indemnify, defend and hold harmless CONSULTANT against claims of third parties determined by the City Manager to arise out of CONSULTANT’s exercise of professional judgement in provision of Services under this Contract. Provided, no such indemnification shall be provided for claims aris.ing out Of negligent acts, errors, omissions, conduct or misconduct described in Section 7.1 above as obligating CONSULTANT to indemnify CITY. 020611 lh 0053056 4 SECTION 8. .WAIVERS 8.1 The waiver by either party, of any breach or violation of any covenant, term,, condition or provision of this Contract, or of the provisions of any ordinance or law, Will not be deemed to be a waiver of any such. covenant, te~m, condition,~ provision, ordinance or law or of any subsequent breach or violation of the same or.of any other covenant, term, condition, provision, ordinance or law. The. subsequent acceptance by either party of any fee or other money which may become due hereunder will not be. deemed to be a waiver of any preceding breach or Violation by the other party of any covenant, term, condition orprovision of this Contract or. of any applicable law or ordinance. 8.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION. 9. INSURANCE.. 9.1 CONSULTANT, at its sole cost. and expense, will obtain andmaintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C" insuring not only CONSULTANT and it~ .consultants, if any, but also, with the excepbion of workers’ compensation, employer’s liability, and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under thfs contract. 9.2 All insurance .coverage required hereunder will be provided through carriers with Best~s Key Ratinq Guide ratings of A:VII or higher which are admitted to transact insurance business in the’State of California. Any.and all consultants ofCONSULTANT retained tO perform services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming CITY as an. additional insured under such policies as required above. 9.3 Certificates of such insurance, .preferably on the. formsprovidedby CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to .the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filfng with CITY’s city clerk thirty (30) days’ prior written notice, of such cancellation or alteration, and that theCity of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer!s liability, and professional liabilitY insurance. Current certificates of such insurance will be kept on. file at all times during the term of this Contract with the .city clerk. 020611 lh 00.~3056 5 9.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’,s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstandingl the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, orloss caused by or .directly arising as a result of the Services performed under this Contract, including such damage, injury, Or loss arising after the Contract is terminated or the term has expired. SECTION I0. WORKERS’ COMPENSATION I0.I CONSULTANT, by executing this Contract, certifies thati~ is aware.of the provisions of-the.Labor Code of the State of California which require every employer to be insured against liabilityfor workers’ compensation or to undertake self-insurance in accordance with the provisions, of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the project. SECTION Ii~ SERVICES’TERMINATION OR SUSPENSION OF CONTRACT OR Ii.i The CityManager may suspend the performance of the Services, in whole or in part, orterminate this Contract,. with or without, cause, bygiving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately, for cause. ~Upon receipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 11.2 CONSULTANT may terminate .this Contract or suspend its performance of the Services by giving thirty (30).days’ prior written not±ce thereof to CITY, but only in the event of a substantial failure of performance by CITY. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for ,Services actually rendered to CITY on or before the effective date of suspension or termination; provides, however, if this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT onlyfor that portion of the Services which are of direct and immediate benefit to CITY, as such determination may.be made by the City Manager acting in the reasonable exercise ofher discretion. 11.4 Upon such suspension or termination, CONSULTANT will deliver to the City. Manager immediately any and all copies of the Deliverables,~ whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its contractors, if any, in connection with this Contract~ Such. materials will ¯ become the property of CITY. 020611 |b 0053056 6 11.5 The failure of CITY tO agree with CONSULTANT’s ±ndependent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in .matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12.ASSIGNMENT 12..1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or-any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. Aconsent to one assignment Willnot be deemed to be a consent to any subsequent assignment. Any assignment madewithout the approval of CITY will be void and, at the option of the City Manager, this Contract may be terminated. This Contract ~ill not.be assignable by operation of law. SECTION 13. NOTICES 13.1 All notices hereunder will be given in writing and mailed, postage .prepaid, by certified mail, addressed as follows: To CITY:Office of the CityClerk’ City of Palo Alto Post Office Box 10250 Palo Alto, CA’ 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14. CONFLICT.OF. INTEREST . 14.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict, in any manner or degree with the performanceof the Services. 14.2 CONSULTANT fugther covenants that, in the performance of this Contract, it will not employ consultants or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of thePalo Alto Municipal Code and the Government Code of the State of California. II II II 020611 lh 0053056 7 SECTION 15. NONDISCRIMINATION. 15.1 As set forth .in the Palo Alto Municipal Coder no discrimination will be made in the employment of personsunderthis ~Contract bec’ause of the agei .race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, Five Thousand Dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code ’ pertaining to nondiscrimination in ~mployment, .including completing the requisite form fur.nished by CITY and set forth in Exhibit "D"~ 15~2 CONSULTANT agrees that each contract for services with’ an independent provider will contain a provision substantially as follows: "[Name of Provider] will provide CONTRACTOR with a certificate stating that [Name of Provider] .is currently in compliance with aIl Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the emp!oyment of any person under this contract because of the age, race, color, national origin, ancestry, ..religion, disability, sexual preference or gender of such person." 15.3.If CONSULTANT is found, in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the powerto cancel or suspend this Contract, in. whole or in part, or to deduct the sumof Twenty-Five Dollars ($25) for each person for each calendar day during which such person was subjected to acts of discrimination, as.damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or ~he equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 16. MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and.Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected in theperformance of this Contract. 020611 lh 0053056 8 16.2 Uponthe agreement of the parties, any controversy or claim arising out of.or relating to this Contract may be. settled by arbitration in accordance with the Rules of the American Arbitration As~ociation, and judgmenh upon the award rendered by the Arbitrators~may be entered in any court haging jurisdiction thereof. 16.3 This Contract will be governed bythe laws of the State of California, excluding its conflicts of law.. 16.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the UnitedStates District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contractor arising out of this Contract may recover its reasonable costs and attorneys’ ¯fees expended in connection with.that action. 16.6 This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended onlyby a written instrument, which is signed by the parties. 16.7 All provisions, of this Contract, whether covenants or conditions, will .be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, -of the parties. ~ ~6.9 If a court of competent jurisdiction finds o~ rules that any provision of .this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 16.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, .fr0m time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will.be deemed to b~ a part of this Contract. 16.11 This Contract may be executed in any number of counterparts,, each of which will be an original,.but all of which together will constitute one and the same instrument. 16.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate Without any penalty (a)at the end Of any fiscal year in the event that funds are not appropriated for the following, fiscal, year,, or (b) atany time within a fiscal year in the event that funds are .only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16.12 shall take precedence in the event of a conflict, with any other .covenant, term, condition, or provision of this Contract. IN-WITNESS WHEREOF, the parties hereto.have by their duly. authorized representatives executed this Contract on the date .first. ¯ above written. ATTEST:CITY OF PALO ALTO City Cle~k APPROVED AS TO FORM: City Attorney APPROVED: Mayor DAVID J. POWERS & ASSOCIATES, INC. Assistant City Manager ¯ Director of Administrative Services Insurance Review Name: Title.: Title: Taxpayer Identification No. 77-0219577 Attachments.: EXHIBIT "A": EXHIBIT ,B": EXHIBIT "C" : " EXHIBIT "D": (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the. signatory authority of th~ individuals signing in their respective capacities is acceptable) SCOPE OF WORK CHARGE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 020611 lh 0053056 "l 1"] ’ CERTIFICATE OF ACKNOWLEDGMENT " (Civil Code ~ 1189) COUNTY OF ~O~T~ ~:~e.~ On G [/I ., 2002, before me,’ ~o~%9 ~Lo~,TL~ a Notary Public in and for said County and State, personally appeared ~ ~. ~4£6 , Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me £hat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public DONALD CALONJE COMM. NO. 1199467 CALIFORNIA SANTA CLAPA COUNTY COMM: EXPIRES NOV, 20, 2002 CERTI F I CATE OF. ACKNOWLEDGMENT (Civil Code ~ 1189) co TY 0F On G/~ , 2002, before me, ~m~% ~hqo~4 ,. a Notary Public in and for. said County and State, personally appeared ~ ~. ~[~ , personally known to me or proved to me on the basis of satisfactory.evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on-the instrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ~umumuumu~fu~m’mlmmuunnn~ =_DONA~ CALONJE M. NO. 1199467.CALIFORNIACOUN~ COMM. EXPIRES NOV. 20, 2002 Exhibit A Scope ~.of Work Octob= 15, .2001’ Ci~ ofP~o Ak0 2S0 Hamilton Av%mie Palo Alto, CA 94301 RE: EDGEWOOD CEN~ER REDEVELOPNIENT. PROJECT. .... Dear Ms., Arpan: : David I Powers andAssociates (DYP&A) is pleased to"pre,sent to you this scope of Work for the. pr~p~ration ofmi Environmental Impa~t R~port (BIt) for the Bdgewood Center RedWelopm~nt Proj’ect, BACKGROUND The follo .wing scope Of.work is based upon. technicalr~.orts, a site visit, and DJP~’s past experience with s~hr redwdlopment projects. . .SCOPEOFWORK David i Powers and Associates Will pr~are au EIK, address.ing the environmental issues required by the State CEQA G.ui~el~nes and the City of Palo Alto’s requirements.. We will first prep.are a Notice of P~arafi .on (NOP) for tke proposed pr.ojecti as descffbed below. We will then prepare au A~trat~e.. Dra~ EIK that includes a project description and a discussion of the project’s cohsistency With local and fegional.plaus ~d poolMes, as w~ll as the en~dromnental se.tting, proj.¢ct impacts, mitigation measles, aud alternat~es.. Ten copiesl of the Adm~t~ative DraR EIR.Will be .submitted ~o the City Hauning D~p~ent for imhouse review and comment. Tlie Administrative Dra~ EI~ wi.’ll be re~ised’b~ed upon t City. Of Palo Alto (page 3 October 15, 2001 .~e number of b~ildings mid ~r square .footage, build~g heights, proposed land., usest.and ex~. t~g .features to remain on-site. The Big will also include a listing of d~cretionary actions, which will rely on the Big, and a statement of the projec.t obje~tiv.es, based on information provided by the Cit3t, Consistency with Plans and Policies ’’... The Big will include a section, des~n’h.ing the eonsist~mcy of the l~roject .with relercant regional’rod to~al .: ¯ plato.., including relevant land use and design policies of the Cit~ ofPalo ~t~.lto. . . Environmental Setting hnd ’Diseus~iot~ of Potential F_,n~ironmental. Effects .’ . ¯ Th~ :~ig w~ aescn~e the exJstin~ ~vi~onrnen~al se .tf!ng and .@on ex~t~ng infonnatio~- T~e Big will o1~rly id~m~y allpotential environmental impacts from ~ project. The Eig v~1. id~nthaj and desqn~be mitigation meas~.~s for ~. sign~cant impacts~ and ¯ evaluat~bl~eflythe exp~cted’effec~wness/feasfo~ty of these measure, wher~ ne.~essary. The propos.ed .scope of work for all key is’sues ~s described below: Cultural Resourc’es .. : Holman & Associates w.ill c~nductan arckival search for the project site: This report will be u~ed to analyze the potentialimpacts to h£stofi~ resources..Ward Hill will conduc~ an historical evalu.~tion of the existing buildings to determiaeif, th.ey are historically significant ata local, state, or federal level. Impabts ~’be ~deatified and mitigation measures providdd.to .reduce significant impacts to a.less: than significant BiologicaI Resource~". . . David J. Powers & Associates vcfll ~onduct a t~ee..survey to determine the presen.ce of trees p~otected (md~ the City of Palo. Alto:s Tr~e Preservation.Or.dinance. ,Impacts will be identified add mitigation measures provided~.base,don the City’~ Tree Te~huical Manual, to reduce Significant impacts to a less th.~ signffieant level, ffpossible. The ~tig will also describe th~ current biological settifig ofthe site based on site recomaa~s~ance. .. Tran~ortation .The gig will descn."oe th6 transportation and. circulatio.n.’ .n’gpacts of the project, based upon a traffic analysisto be provided to DJP&A by the City. Impacts will.be det ..e~ah. ’ ..ed based on the City’s LOS ’standard. Mitigation measures will be provided to reduc(signff!cant impacts to a less than significant "S. Arpaa C~ty Of Palo Alto APPROVED AND AUT’HOR~BD BY:. (Date) Pag~ 5 OCtober 1~, 2001 Exhibit A- Schedule SCHEDULE D~vid L PowerS& Associates (DYP&A) proposes the following optimum Schedule for .preparation of.the ]~dge.w0od Center Redevelopment Project BIR, DJP&A can commi.~ to ~. aj~t.a.ir~, g the sch’edulein ~e areas which ~re witkin our control, " Tack/Product Receiv~ autho~ation to proceed and project kfformatiou Prepare 1’t Administrative Draft EIR iupon receip~ of all ect i~’o~mation and technical repot[s) .ew 6f 1~ Administrative Draft EIR ’ are 2~a Administrative Draft BI~ per City comment~ review.of 2na Ad~mmstrau;~e Draft ~.are Screencheck review of Screencheck Draft BIR Completed 7 we~s 2 weeks 1 week 1 week 0,5 weeks 0.5 weeks I~raft Circ~flate Draft EIR (45-days) ~are Administrative’Final 0.5 weeks 7 we~s "~2we~s " 1 we~r remew.of Draft Administrative FNal.EIK Revise Final BIK per City’s comments Pt~blic review of Final EIK (10-days) .Pubhc hearings 1 week 2 weeks .......¯:: 2 weeks 28 weeks Susan Arpan .City of Palo Alto¯250 Hamilton Avenue Palo Alto, CA94301 Exhibit A and B January 15, 2002 PALO ALTO EDGEWOOD C~NTER RE. DEVELOPMENT PROJECT Dear Susan:. During the environmental review process for the Edgewood Center Redevelopment Pr.~jeeti it Was determined that the Edge~vood Center may qualify as a historic structure. Based on this information, the City requested a definitive determination on the property by a qualified architectural historian regarding the level of impact caused by .implementation of the proposed project. This determination willrequire David J. Powers & Associates to £u-ther analyze the potential historic resources on the project site beyond the original Scope of work. !n order for DJP&A to complete the.additional work, g"ard Hill (Consulting Architectural Historihn) wit[be revising his original report to include his professional determination of the significance of the property based on addbional research and feasible mitigation measures. " The scope Of work described above will be completed on a time .and materials basis, not to exceed $2,300. This additional scope of work will bring the total contractual amount of this project to $67,300. If additional work is required beyond this revided scope, we will complete that on a time and materials basis, upon. written’ appro,val by .the City of Palo Alto. If this proposal is acceptable to you, a dated countersigned copy of this letter proposal, returned to me, will serve as. our binding legal agreement for the services herein described. We look forward to worldng with you to complete the environmental review for this project. Sincerely, Shannon Gebrge Project Manager . " APPRO~D A~ AUTHORIZED.BY: ~’ ,. Auth~ for: The City of Palo AI~o ...F .RANK..BENEST, City. Manager (Typed name) ¯ APRIL 9, 2002 (Date) ............. Exhibit. B CHARGE RATE’SCHEDULE PRINCIPAL ..... SENIOR ENVIRONMENT, AL SPECIALIST¯ SOLID WASTE SPECIALIST ENVIRONMENTAL SPECIALIST PROJECT MANAGER $190..00 PER Hour $165.00 PER HOUR ,". $160.00 PER HOUR $140,00, PER HOUR¯ . $125.00.PER HOUR BIbL.OGIST/SOIL SCIENTIST ASSISTANT PROJ ECT’MANAGER RESF_AR~HER " ADMtNISTRATIVE MANAGER DRAFTSPERSON/GRAPHIC A[RTIST TECHNIGAL TYPIST./OFFICE SUPPORT’ .. $ 70.O0PER.’HOUR $ 55:0.0PER HOUR. $110.00 PER HOUR $90.06 PER HOUR. $ 75,00 PER HOUR $ 70.00 PER.HOUR" MATERIALS AT COSTPLUS 15% ’ OUTSIDE.SERVICES./~ND SUBCONSULTAN.IS AT COST PLUS, 15% MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATEAT THE TIME.COSTS OCCUR:, SUBJECT TO REVISION DECEMBER, 200t DAVID J, POWERS Susan ~arl City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Ap~lll, 2002 RE: PALO ALTO EDGEWOOD CENTER REDEVELOP1VIENT PROJECT Dear Susan: The purpose of this letter is to document our agreement that the City of Palo Alto will pay for additional services and work connected to the Edgewood Center Redevelopment Project E/R. Various changes to the project and other unanticipated issues and circumstances have necessitated additional work as we have discussed and documented previously in our March 28 letter to you. We received approximately 80 pages of comments on the draft EIR, whereas we had originally budgeted for approximately 20 pages. It is our understanding that we are hereby authorized to proceed with additional services to be charged on a time and materials basis in accordance with the fee schedule attached to ouragreement, not to exceed a total of $92;300. A dated countersigned copy of this letter agreement, returned to me, will serve as. our bhading legal agreement for the services herein described. We look forward to working with you to complete the environmental review for this p~;ojeet. This letter is expanded and revised May 1, 2002 per your request and our. discussion. APPROVED AND AUTHORIZED BY: David J. Powers . Principal Authorized to execute agreements for: The-City of Palo Alto (Typed name) (Date) ACORD,. PRODUCER Lawson-Hawks Ins-Mountain Vie~ Lic. #0401806 883 N.Shoreline~Blvd,PO Box 39 Mountain View CA 940~2 Phone:650-964-8000¯ Fax:650-964-0816 ~. INSURED CERTIFICATE OF LIABILITY INSURANCi Av _, DATE,M ,OD ,,12/12/o1. THIS CERTIFICATE IS ISSUED AS A MA’I-FER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE David J Powers &Ass-ociates. Inc. "~NSURER C: 1885 The Alameda #204¯ San Jose CA 95126 INSURERD:,. I INSURER E:. COVERAGES ]’HE 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. X~_.~MMERCIAL GENERAL LIABILITY ~.t_._.J CLAIMS MADE ~--1 OCCUR GEN’L AGGREGATE LIMIT APPLIES PER: X----] POLI(~Y I~ PRO-JECT ~’~ LOC AUTOMOBILE LIABILITY . ANY AUTO X ALL OWNEDAUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ~ANY AUTO EXCESS L,ABILITY "--"~ OCCUR ~’] CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY OTHER POLICY NUMBER 57 SBANR62’43 EXCLUDING PROFESSIONAL ¯ ’LIABILITY 57UECUP0881 INSURERA:The Hartford INSURER.B: POLICY EFFECTIVEDATE {MM/DD/YY} 12/o3/01 POLICY EXPIRATIONDATE (MM/DDHY) 12103102 12/03/o2 LIMITS FACH OCC~JRRENCE $ 1 ~, 000 ~, 000 FIRE DAMAGE (Any one fire)$ 300 ¯ 000 MED EXP (Any one person)$ 10,000 PERSONAL & ADV INJURY $ 1 ¯ 000,000 GENERAL AGGREGATE $ 2 ¯ 000 ¯ 0 0 0 PRODUCTS- COMPIOP AGG $ ’2 ¯ 000 ¯ 000 COMBINED SINGLE LIMIT(Ea accident) BODILYINJURY(Per person)$ BODILY INJURY(Per accident)$ $PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT’ OTHER THAN EA ACC AUTO ONLY:AGG F.ACH ocCURRENCE AGGREGATE W(3 S I~ATU-OTH-TORY L MITS ER E.L. EACH ACCIDENT E,L. DISEASE - EA EMPLOYEE E.L. DISEASE -.POLICY LIMIT INSRLTR A A !2/o3/oz $i,000,000 $ $ $ $ $ $ $ $ $ $ $ DESCR~PT~N~F~PERAT~N~L~CAT~NsNEH~CLES~LUS~NSADDEDBYEND~RSEMENT~SPEC~ALPR~V~S~NS *10 Days¯ Notice for Non-Payment of Premium. Certificate Holder is named as Additional Insured with respects to insured’s operation. Additional Insured is: City of Palo Alto. RE: 00-109 Palo Alto Community Center. Purchase Order No. SI136624. CERTIFICATE HOLDER ADDITIONAL’INSURED; INSURER LETTER: CITY PA City of Palo Alto Purchasing Dept. P.O. Box 1025.0 Palo Alto CA 94303 ACORD 25.S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DAT~/~’HEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITT NO~’IC~ TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DUT FAILURE TODO SO SH IMPOSE//NO OBliGATION OR LIABILITY OF>d~"~UPON THE INSURER, ITS AGENTS OR ~\J ’/ ~ ~ " ~©.,,~e’(~l~ CORPORAT ON 198 EXHIBIT D Certifica}ion of Nond.iscri~nination As suppliers of goods or services to.the .City of Palo Alto, the firm and individuals listed.below certify that they do riot discriminate in employmentWith regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that .they are in compliance with all. Federal, State and. local directives and executive orders regarding nondiscrimination in employment. Firm: Title of Officer Signing: DAVID 2. POWEKS & ASSOCIATES INC. CHIEF FINANCIAL OFFICER Si Date:ii ,’ 1999