HomeMy WebLinkAbout2001-07-16 City Council (5)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL 6
CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:
SUBJECT:
JULY 16, 2001 CMR:308:01
APPROVAL OF CONTRACT WITH KEYSER MARSTON
ASSOCIATES, INC. IN THE AMOUNT OF $76,000 FOR PLAN
ADOPTION FEASIBILITY SERVICES REGARDING THE
FORMATION OF A REDEVELOPMENT AGENCY
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager to execute the
attached contract with Keyser Marston Associates, Inc. (KMA Inc.) in the amount of $76,000
for plan adoption feasibility services required in the formation of a redevelopment agency.
DISCUSSION
Project Description
On July 9, 2001, the City Council approved: the first reading of the ordinance declaring the
need for a redevelopment agency. As soon as the Agency has been officially established, the
Finance Committee has recommended that the Council begin the process of considering the
Edgewood Center a Redevelopment Project area, and direct staffto form a Neighborhood
Advisory Committee to help guide the proposed redevelopment.
To implement the next steps, staff needs to contract with a firm able to provide the necessary
expertise in the establishment of a redevelopment agency. The work to be performed under
the contract is to assist the City in its redevelopment efforts. The scope of services includes:
1. Technical Studies:
Field Surveys/Database Management - Collect and tabulate field data for the
purpose of documenting physical and economic blighting conditions, entering the
results into a database.
Physical and Economic Blight Analysis - Analyze secondary data sources,
including assessed property value data, real estate indicators, retail taxable sales,
crime rates, building permit activity, land use and environmental constraints, and
-parcelization patterns to help demonstrate that the proposed Project Area justifies
the adoption of the Redevelopment Plan.
¯Financial Feasibility Analysis - Analyze the economic feasibility of adopting the
Project Area.
2. Document Preparation:
¯Adoption Schedule- A schedule of actions identifying all legally required
activities leading to the adoption of the Redevelopment Plan.
¯Preliminary Report - Report explains the reasons for adopting the Redevelopment
Plan.
¯Report to Council - Report contains a summation of the process to be followed in
adopting the Redevelopment Plan.
3. Administration/Advisory Servicesi
¯Meeting attendance - KMA will attend meetings on an as-needed basis.
Additional Services - Additional services may include preparation of additional
document drafts, attendance at consultations with taxing agencies, coordination
with environmental consultant, and responses to written objections received at the
joint public hearings, among others.
KMA, Inc. plans to complete the scope of services within an 11-month time period with a
target Redevelopment Plan adoption date of May, 2002.
RESOURCE IMPACT
Funding was included as part of the midyear report approved by Council on April 9, 2001.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
CMR:308:01 Page 2 of 3
ENVIRONMENTAL REVIEW
These services do not constitute a project for the purposes of the California Environmental
Quality Act.
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
Senior Financial Analyst
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
CARL
Director of Administrative Services
Assistant City Manager
CMR:308:01 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
KEYSERMARSTON ASSOCIATES, INC.
FOR REDEVELOPMENT PLAN ADOPTION SERVICES
This Contract No. is entered into
, by and between the CITY OF PALO ALTO, a chartered
city and a municipal corporation of the State of Califernia
("CITY"), and KEYSER MARSTON ASSOCIATES, .INC., a California
Corporation, located at 500 S. Grand Avenue, Suite 1480, Los
Angeles, California 90071 ("CONTRACTOR").
RECITALS:
WHEREAS, CITY desires certain services relating to
adoption of a redevelopment project area ("Services"), as more
fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONTRACTOR, including
its employees, if any, in providing the Services by reason of its
qualifications and experience in performing such Services, and
CONTRACTOR has offered to provide the Services on the terms and
in the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants,
terms, conditions, and provisions of this Contract, the parties
agree:
SECTION 1 - TERM
i.i This Contract will commence on the date of its
execution by CITY. The obligation of CONTRACTOR to perform the
Services will be in accordance with the time schedule set forth
in Exhibit "A".
SECTION 2 -QUALIFICATIONS,
CONTRACTOR
STATUS,AND DUTIES OF
2.1 CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnish or cause to
be furnished the Services. CONTRACTOR further represents and
warrants that the project director and every individua! charged
with the performance of the Services under this Contract 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.
010328 cl 0032433 1
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to
be furnished, the Services.
2.3 CONTRACTOR will assign Paul Anderson as the
project director to have supervisory responsibility for the
performance, progress, and ex-ecution of the Services.If
circumstances or conditions subsequent to the execution o2 this
Contract cause the substitution of the project director for any
reason, the appointment of a substitute project director wi~l be
subject to the prior written approval of the project manager.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Services;
2.4.2 Keep itself fully informed of Federal, State
of California, and local laws, ordinances, regulations, orders,
and decrees which may affect those engaged or employed under this
Contract, any materials used in CONTRACTOR’s performance under
this Contract, or the performance of the Services;
2.4.3 At all times observe and comply with, and
cause its employees and contractors, 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
2.4.4 Report immediately to the project manager, in
writing, any discrepancy or incons&stency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned
above in relation to any plans, drawings, specifications or
provisions of this Contract.
2.5 Any reports, information, data or other material
given to, or. prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and will not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without
the prior written approval of the city manager.
2.6 CONTRACTOR will be responsible for employing or
engaging al! persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly
controlled and supervised by CONTRACTOR, which will be
responsible for their performance. If any employee or contractor
of CONTRACTOR fails or refuses to carry out the provisions of
this Contract or appears to be incompetent or to act in a
disorderly or improper manner, the employee or contractor will be
010328 c10032433 2
discharged immediately from further performance
Contract on demand of the project manager.
under this~
SECTION 3 - DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit "A" and such other
information regarding its requirements as may be reasonably
requested by CONTRACTOR.
3.2 The city manager will represent CITY for.. all
purposes under this Contract. Susan Arpan is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the
Services.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use
reasonable efforts to give written notice thereof to~ CONTRACTOR
in a timely manner.
SECTION 4 -COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR a total sum not
to exceed Seventy-six Thousand dollars ($76,000), payable in
accordance with the Budget Summary set forth in Exhibit
Payments shall be made within thirty (30) days of submission by
CONTRACTOR of its itemized billings, in triplicate, no more often
than monthly.
SECTION 5 - AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three
(3) years thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. CONTRACTOR further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6 -INDEMNITY
6.1 CONTRACTOR agrees to protect, indemnify, defend
and 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 damage
or any other loss, caused by or arising out of CONTRACTOR’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 CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
010328 el 0032433 3
SECTION 7 -WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision o~ this
Contract, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by ~ither
party of any fee or other money which may become due hereunder
will not be deemed to be a waiver of any preceding brea~h or
violation by the other party of any term, covenant, condition or
provision of this Contract or of any applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or
partia! acceptance by CITY will operate as a waiver on the part
of CITY of any of its rights under this Contract.
~SECTION 8 - INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONTRACTOR and its contractors, if any, but
also, with the exception of workers’ compensation, employer’s
liability, and professiona! liability insurance, naming CITY as
an additional insured concerning CONTRACTOR’s performance under
this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:VII or higher which are admitted to transact insurance business
in the State of California. Any and all contractors of
CONTRACTOR 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
additiona! insured under such policies as required above.
8.3 .Certificates of such insurance, preferably on the
forms provided by 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
filing with CITY’s ~city clerk thirty (30) days’ prior written
notice of such cancellation or alteration, and that the City of
Palo Alto is named as an additiona! 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.
010328 cl 0032433 4
8.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONTRACTOR’sliability hereunder nor to fulfill the indemnification provisions
of this Contract. Notwithstanding the policy or policies of
insurance, CONTRACTOR will be obligated for the full and total
amount of any damage, injury, or loss 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 9 -WORKERS’ COMPENSATION
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for 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 Services.
SECTION i0 -TERMINATION OR SUSPENSION OF CONTRACT OR
SERVICES
i0.! The city manager may suspend the performance of
the Services, in whole or in part, or terminate this Contract,
with or without cause, by giving thirty (30) days’ prior written
notice thereof to CONTRACTOR. Upon receipt of such notice,
CONTRACTOR will immediately discontinue its performance of the
Services.
10.2 CONTRACTOR may terminate this Contract or suspend
its performance of the Services by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request -forthe
initiation or continuation of the Services to be performed.
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid for the Services actually rendered to
CITY on or before the effective date of suspension or
termination; provided, however, if this Contract is suspended or
terminated on account of a default by CONTRACTOR, CITY will be
obligated to compensate CONTRACTOR only for 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 of his discretion.
10.4 Upon such suspension or termination, CONTRACTOR
will deliver to the city manager immediately any and all copies
of studies,sketches, drawings, computations, and other data,
whether or not completed, prepared by CONTRACTOR or its
contractors,if any, or given to CONTRACTOR or its contractors,
010328 cl 0032433 5
if any, in connection with this Contract.
become the property of CITY.
Such materials will
10.5 The failure of CITY to agree with CONTRaCTOR’s
independent 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 a~ a
failure on the part of CONTRACTOR to fulfill its obligations
under this Contract.
SECTION ii - ASSIGNMENT
II.i This Contract is for the personal services of
CONTRACTOR, therefore, CONTRACTOR 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. A consent to one assignment will
not be deemed to be a consent to any subsequent assignment. Any
assignment made without the approva! of the city manager will be
void and, at the option of the city manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12 - NOTICES
12.1 All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as fol!ows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONTRACTOR: Attention of the project director
at the address of CONTRACTOR recited
above
SECTION 13 - CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR 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 performance of the
Services.
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor
or person having such an interest. CONTRACTOR certifies that no
person 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
the Pa!o Alto Municipal Code and the Government Code of the State
of California.
010328 c! 0032433 6
SECTION 14 - NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code., no
discrimination will be made in the employment of any perso~ under
this Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender .of
that person. If the value of this Contract is, or may be, five
thousand dollars ($5,000) or more, CONTRACTOR agrees to.meet. ~ all
requirements of the Palo Alto Municipa! Code pertaln!ng to
nondiscrimination in employment, including completing the
requisite form furnished by CITY and set forth in Exhibit "D’,’."
14.2 CONTRACTOR 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 all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
14.3 If CONTRACTOR 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 power
to cancel or suspend this Contract, in whole or in part, or to
deduct the sum of 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 the equivalent federal agency or officer
will constitute evidence of a breach of this Contract.
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the 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. CONTRACTOR will comply with
or ensure by its advice that compliance with such provisions will
be effected in the performance of this Contract.
010328 el 0032433 7
15.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
15.3 In the event that an action is brough{, the
parties agree that trial of such action will be vested
exclusively in the state courts of California or in the United
States District Court for the Northern District of California in
the County of Santa Clara, State of California. ~
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover, its
reasonable costs and attorneys’ fees expended in connection with
that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which
is signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and
conditions.
15.7 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.
15.8 If a court of competent jurisdiction finds or
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.
15.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from 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 be a part of this Contract.
15.10 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.
15.11 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 fisca! year in the event that funds are not
appropriated for the following fisca! year, or (b) at any 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 15.11 shall take
010328 cl 0032433 8
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 Clerk
APPROVED AS TO FORM:
Senior Asst. city Attorney
APPROVED:
Mayor
KEYSER MARSTON ASSOCIATES, INC.
Name:
Title:
Assistant City Manager
Director of Administrative
Services
Risk Manager
By:
Name :
Title:
Taxpayer Identl~lcatlo No.
(Compliance wi£h 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 the individuals signing in
their respective capacities is acceptable)
Attachments :
EXHIBIT "A": SCOPE OF PROJECT
EXHIBIT "B": TIME SCHEDULE & RATE SCHEDULE
EXHIBIT "C": INSURANCE
EXHIBIT "D": NONDISCRIMINATION COMPLIANCE FORM
010328 el 0032433 9
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
COUNTY OF )
On /~ , 2001, before me,
a Notary Publfc in and for said County and-State, per~onally
appeared ~b~~ ~ , personally known to me
or proved t~me on the basis of satisfactory evidence to be the
person(s) whose- name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
ignarure of Notary ~uD ’
010328 c10032433 1 0
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
STATE OF )
)SS.
COUNTY OF )
On , 2001, before me, , ,
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 the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary Public
010328 cl 0032433 1 !
SCOPE OF SERVICES
FOR
EDGEWOOD PLAZA PROJECT AREA ADOPTION
I.STATEMENT OF UNDERSTANDING AND METHODOLOGY
A.Background
The proposed Edgewood Plaza Project Area (Project Area) is anchored by Albertson’s
market. Other uses in the shopping center include; a cleaners, liquor store, hair arid nail
salons, shoe repair, 99 cent store and deli. The shopping center was built in the 1950’s
and is now obsolete to most contemporary retail users. Retail sales have been declining
and the shopping center has been impacted by crime. Private sector revitalization of the
center has been hinder by the small size of the site and multiple ownership.
The general goals and objectives for the Project Area are to maintain and rehabilitate
the center as viable neighborhood shopping center. The Agency anticipates
implementing a program, which includes both rehabilitation new development. Some of
the issues that the City hopes to address are the expansion rehabilitation of Albertson’s
improved visibility and access, and correction of storm drain deficiencies.
B.Approach
KMA will be responsible for the preparation of the blight and financial feasibility analysis
and related major documents including the Preliminary Report and the Report to
Council. KMA will also prepare an adoption schedule. A budget has been provided for
services such as reviewing documents prepared by staff and the EIR consultant and
attend meetings. It is assumed that the City will contract separate for EIR services and
legal counsel will prepare the minor documents including the Preliminary Plan and
Redevelopment Plan as well as all resolutions and notices.
KMA will survey the Project Area and document the existing conditions. City staff will
provide to KMA secondary data (or City contacts) as necessary to document blight
including crime, retail sales data, and information on infrastructure deficiencies.
The target adoption date is March 2002.
Redevelopment Services Proposal
Edgewood Shopping Center
City of Palo Alto
0012017.KMA:PA:gbd
99900.000.002/12/06/00
Keyser Marston Associates, Inc.
Page 1
I1.SCOPE OFWORK
The proposed Scope of Work is divided into three service areas: 1) Techn.lcai Studies; 2)
Document Preparation; and 3) AdmtnistrationtAdvisory Services, All documents will be
prepared and formatted in accordance with Agency guidelines. The tasks within each o~
the service areas are outlined below. All services are proposed to be completed within
an 11-month period.
TECHNICAL STUDIES
DOCUMENT
PREPARATION
ADMINISTRATION/
ADVISORY SERVICES
Field SurveyslDatabase v’Schedule of Actions ,," Meeting attendance
Physical & Economic v"Preliminary Repor~,," Additional Services
Blight Analysis
¯ ,’ Financial Feasibility ~"Report to Council
Analysis ’
A.Technical Studies
Task 1 - Field Survey and Database Management
KMA will conduct a parcel survey within the proposed Project Area. KMA wilt be
responsible for collecting and tabulating field datafor the purpose.of documenting
certain physical and economic blighting conditions. The results of the survey will be
entered into a compt~ter database from which tables wtl! be generated for the Preliminary
Report and Report to Council. Using the City’s GIS files provided by staff, KMA will
download the field survey data and secondary data to create maps depicting key
blighting conditions.
Product: .........Field Survey and Maps
depicting findings.
Estimate: .......$5,000
Task 2 - Blight Analysis
KMA will analyze secondary data souroes as identified in the methodology to help
demonstrate that the proposed Proje~ Area is blighted in order to justify the adoption of
the Redevelopment Plan. Data will include, but will not be limited to, the assessed
property value data, real estate indicators, retail taxable sales, crime rates, building
permit activity, land use and environmental constraints, parcelization patterns, publlc _
~edevelopment Services Proposal Keyser Marston Associates, lnc.
Pa~e 2
Edgewood Shopping Center
City of Palo Alto
00~017.!<M~PA:gb~
improvement deficiencies, and building code violations as this data is provided by City
and City staff:
Product: .........Blight Analysis for Project Area. Analysis to be included in the
Preliminary Report and Report to Council.
Estlmate: .......$1(~,000
Task 3. Financial Feasibility Analysis
KMA will conduct a preliminary assessment of the proposed method of financing ,
redevelopment of the Project Area pursuan~ to Section 33344.5(c) of the CRL. The "
assessment will include an analysis of the economic feasib!lity of adopting the Project
Area and the reasons for use of taxincrement pursuant to Section 333670 of the CRL,
Economic feasibility for purposes of this analysis is defined to be a comparative analysis
of anticipated costs for implementation of the Project over the effective term of the
Project to resulting revenues expected to be generated by the Project Area ove~" the
same period of time, "rhe analysis will also incorporate programsand projects, and their
associated costs, an evalu~ion of the general financing methods that could be available
to the C~ty and a determination of the proposed tax increment revenue for the expanded
Project Area. KMA will prepare a projection of future tax increment revenues
incorporating future year valuation increases dueto new development and/or changes In
ownership, as well as limitations set forth under law. Assumptions regarding new
development will be prepared based on information to be provided by C!ty staff. If
limited or no development information Is available, KMA will incorporate trended growth
assumptions. KMA will provide one set of projections to Agency staff for review and,
based upon one round of review comments, provide a final set of projections for
inclusion in the Preliminary Report. Projections and analysis will be subject to one
additional round of revisions for inclusion in the Report to Council. KMA will review the
City’s ,work program of redevelopment activities with staff and help the City identify
general sources of financing in addition to tax increment financing.
Product: .........Financial Feasibility Analysis to be included inthe Prelimin~r:y Report and
Repor~ to council.
Estimate: .......$8,000
"R~developrsent Services ProPOsal
Edgewood Sl~opping Center
City of Palo Alto
Keyser Marston Associates, In,
Page
Document Preparation
Task I - Adoption Schedule
KMA will prepare a schedule of actions identifying.all legally required activities leading to
the adoption of the Redevelopment Plan. The schedule lists actions, responsible
parties, scheduled dates and documents to be prepared. The schedule will be updated
up to three (2) times during the Plan adoption process.
Product: .........Detailed Schedule of Adoption Actions
Estimate: .......$3,000
Task 2, Preliminary Report
KMA will prepare one draft and one final ~ersion of the Preliminary Report. The Repon~
will explain Me reasons foradopting the Redevelopment Plan; describe the ph~,stc~t and
economic conditions of the proposed Project Area (to include the evidence that the
proposed Project Area is urbanized and blighted), describe the projects and programs
proposed to remove the blight, and include a financial feasibility analysis of the proposed
Project.
Product: .........One Draft and One Final Version of the Preliminary Report
Estimate: .......$15,000
Task 3 - Report to Council
KMA will prepare one draft and one final version of the Report to City Council.
The Report to Council will contain a summation of the process followed in adopting the
Redevelopment Plan as required in the CRL. The Report to Council will include all the
information contained in the Preliminary Report and the following:
The five year implementation plan;
An explanation of why redevelopment cannot be accomplished by the
govemrnentactivities or the private sector acting alone;
The plan or method of relocation for families or persons temporarily or perrnar~ently
displaced;
¯An analysis of the Preliminary Plan;
~ment Services Proposal
Edgewood Shopping Center
City of Palo Alto
Keyser Ma~ston Associates, inc.
Page ~
,The E[R (by reference);
¯The report and recommendations of the Planning Commission;
¯A summary record of consultations with residents, community organizations, and
others;
=The report of the county fiscal officer (base year report) and an analysis thereof;~
The neighborhood impact report, and;
¯The summary of consultations with affected taxing entities,
Product: .........One drafts and one final version off.he Report to Council.
Estimate: .......$10,000 -
Administrative And Coordination Services
Task 1 - Meetings
KMA will attend meetings with staff, the community and make presentations to public
bodies on an as needed basis as provided by the budget.
Product: ...............Five Meetings (estimate)
Estimate: .............$5,000
Task 2 - Additional Services
KM~ will provide additional services to staff not specified In the scope of work on a time
¯ and materials basis. The services may include:
¯Preparing additional document drafts.
Attendance at consultations with taxing agencies.
¯Other meetings as necessary.
¯Coordination with environmental consultant.
, Response to written objections received at the Joint public hearing.
Estimated: ...........$20,000
Redevelopment Services’ Prop’osal
Edgewood Shopping Center
Cily of Palo Alto
Keyser Marston Associates, Inc.
Page
II1.SCHEDULE AND BUDGET
A. Schedule
B=
KMA proposes to complete the scope of services within an 11-month time period with a
target adoption date of March 2002.
Budget Summary
The following table summarizes the estimated costs presented in the Scope.
Technical Studies
Task I - Field Survey and Database Management $5,000.00
Task 2- Blight Analysis $10,000.00
Task 3 - Financial Feasibility Analysis $8,000.00
Subtotal Technical Studies $23,000.00
Document Preparation
Task 1 -Adoption Schedule $3,000.00
Task 2 - Preliminary Report $15,000.00
Task 3 - Report to Council $10,000.00
Subtotal Document Preparation ~28,000.00
Administrative and Coordination Services
Task 1 - Meetings (assumes 5 person meetings)$5,000.00
Task 2 - Additional Services $15,000.00
Subtotal Administrative and Coordination Services $20,000.0Q
Expenses $ 5,000.00
TOTAL ALL $76,000.00 Estimate
Redevelopment Services Proposal
Edgewood Shopping Center
City of Palo Alto
0012017. KMA:PA:gbd
99900.000.002/12/06/00
Keyser Marston Associates, Inc.
Page 6
KEYSER MARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
A. JERRY KEYSER"$1£5.00
MANAGING PRINCIPALS"$190,00
PRINCIPALS*
MANAGERS*
$175.00
$150.00
SENIOR ASSOCIATES $135.00
ASSOCIATES $115.00
SENIOR ANALYSTS $100.00
ANALYSTS $ 85.00
TECHNICAL STAFF $ 70.00
ADMINISTP-JkTiVE STAFF $ 55.00
Directly related job expenses not incliaded In the above rates are: auto mileage, air fares, hotels
and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing,
graphics and printing. Directly related job expenses w~l be billed at 110% of cost,
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date. A charge of 1% per month will be added to all past due
accounts.
Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
CERTIFICATION OF NONDISCRIMINATION SECTION 410
PROJECT TITLE: Redevelopment Plan Feasibility Services
Certification of Nondiscrimination..:.. As suppliers of goods or services to the City of Palo Alto, .the
firm and individuals listed .below certify that they do not discriminate in employment with 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 re~arding
¯ nondiscrimination in employment.
Title of Officer Signing:
Signature #~d...z]
DATE:
CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION
~,xh.i.b±~: "D"
PART II - INSURANCE REQUIREMENTS FORM 650
I.CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A:X, OR HIGHER, LICENSED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA:
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED
YES
YES
YES
YES
TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
WORKER’S COMPENSATION
AUTOMOBILE LIABILITY
$1,000,000
STATUTORY
STATUTORY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
BODILY INJURY.
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL,
AND FIRE LEGAL LIABILITY
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
ALL DAMAGES
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PFRFd)RMANCE
$1,000,000
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: BIDDER, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY BIDDER AND ITS
SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I1.
INSURANCE COVERAGE MUST INCLUDE:
A.A PROVISION FOR A WRITEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY- SEE PART II, SECTION 500, FORMAL CONTRACT (SAMPLE).
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND
IV THROUGH VI, BELOW.
A.NAME AND ADDRESS OFCOMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
C.POLICY NUMBER(S):
CITY OF PALO ALTO PAGE 1 OF 2
PART II- INSURANCE REQUIREMENTS
D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE
APPROVAL):
AMOUNTS IN EXCESS OF $5,000
FORM 650
REQUIRE CITY’S PRIOr<
II1.
IV.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, ,AND BIDDER’S SUBMITTAL
OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
Ao PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND !S NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS L ABILITy.
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UDNER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME
SIGNATURE(S) AS APPEAR(S) ON SECTION 300A.
Signature:
Name:(Print or type name)
Signature:
Name:(Pdnt or type name)
NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
PAGE 2 OF 2
CITY OF PALO ALTO
’i CERTIF ATE OF LIABILITY INSURANCE
FAX (415)g57-0577
I 06/20/2001
THI6 CERTIFICATE IS 18SUED AS A MAI I =R OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS OERTIFICATE DOES NOT AMEND~ EXTEND OR
ALTER THE ¢OVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING cOVERAgE
IH~URER D:
Royal Insurance Company of A~er~ca
Republic Zndem~ty Co, of California
Philadelphia zndemnity Znsurance Company
COVERAG~
!==’~E-POLiCI~E~-0F iNSUFL~NCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY P~RIOD INDICATED, NOT~/~H=~[_A=NDINGi A~ REQU~R~ENT, ~RM OR CONDFIOH OF ANY CON~CT O~ OTHER DOCUMENT ~H REspeCTTO ~ICH THIS ¢ER~FICA~ MAY
~ ~Y PERTAIN, THE INSU~CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TQ ~L ~E ~, ~CLUSIONS ~D COND~IONS O SUCHpO~CIES. AGGRE~ LIM~ ~HOWN ~Y ~ ~EEN REDUCED BY PAIP
~L~?I "P/rE OF IN~URANCB ¯POLICY NUMBER
PSP0~ST2~
PST244650
PLAZ4465O
}3954605
11/11/2000
11/11/2000
].z/z~/2o’o’o
1~/11/2000
11/11/Z001
11/II/2001
11/11/2001
City of Paid Alto, its ~ogncil Me~ers, orT1¢ers, Agents ang~mp!oyees
~nsu~eds as Pespec~s General L~abi~ity pep the aCt~ched fom.
~h~}insurance is prima~y and non-contributory.
G~NE~L AG~GATE
PRODU~S ¯ COMP~P
OMPlNaP S N~ ~IT(Ea ~l~nl)
BODILY INJU~
BODILY INJURY
~pROPER~ DAMAGE
EACH OCGURR~NC~
AG~R~TE
~eta~ned L~m~
X WC ~ ~TU~
~, DIS~E- po~cy
..... l,O00,O0~
~O090D~i0~00~
1,ooo,oo0
2,000,000
z ,ooo,o0,
1~000~000
4,000,000
4,000,000
None
1,ooo,o0~
1,000.,00c
$1,ooo,ooo Each Wrongful Act /
$1,000,O00 Aggregate Limit;
$25,000 Ded.ctible
are named as Additional
C~RTIFIOATE H~’~J~ER I__ I.~r~IONAL mSUR~HNSUR~ L~rl~: ~
~City of Pala Alto
-~P~rdl~sing and Contra~t- Admin~stration
]P,0, Box 10250
~P~Io Al~o, CA 94303
,~CORm ~e.s (7m7)
CANCELLATION ¯
BHOU~,D ANY OF THE A|~V~ DE~¢PJBFJ~ POLI~EB BE ¢~6LE0 BEFOR~ ~E
~pI~ON DA~ ~E~F, THE ~6UIN¢ ~MP~L END~VOR TO ~
30 DA~ ~1~ ~E TO THE CE~a~ HOLDER ~M~ ~ ~E L~,
AUTMOR~ REP~S~A~
Sharon Voth/svo
@AGORD CO~O~ON ~
Number PSP04$725
ADDITIONAL INSUREDS
BY CONTRACT, AGREEIVIEINT OR PER3gT
The foLlm~ing is added o Commercial ~enera! Liabili~ Section H - Who is
h~.red:
,Any person or orgsniz~on you are req~i~e~.by
agreement or permit to name ~s sn addkional insured
~=d is a~ ~cd bu~ o~ly with ~cct to liability a~sLug out of: ’
"Your work" ~formed for that insured s~ the-Iocztion designated
Premises owned or used by you.
This insm’~ce does not ap~ly unless th~ contract, agreement or p~rmk is
executed prior to the "bodily injur~" or "prol~erty damage".
~ insurmace does no~,,al~ly to ~ r~ndering of or feiIu~ ~ render
professional s~rvices.
This insurance is primer)’ i£ that is required by the ¢orrtra~ agreemenZ or
permit.
~C 0330 1097