HomeMy WebLinkAbout0296.091,
Kay 30, 1991
THE HONORABLE CITY COUNCIL
Palo Alto, California
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PAGE ULL/UH PJlORIRfY PRIACO'D'ISI~IOll BID ANALYSIS -AlfARP or
COIIDl.CT
Members of the council:
Report. ill uiet
This report recommends that Council award an agreement to Wahler
Associates in the amount of $27,050 for geotechnical and environ
mental consulting services, including preparation of a risk
assessment, with regard to the City' 5 proposed purchase of the
county-owned land at the northwest corner of Page Kill and Ash
(Attachment A). Funding for the contract services will be taken
from community Development Block Grant (COBG) Land Bank funds.
Background
In April 1988, council adopted a resolution notityinq the county of
santa Clara of the City's in~ent to purchase the .85 acre County
owned parcel for lov-ir~ome residential purposes. council action
was in response to the county's notice of intent to sell the
property. Before the transaction could be completed, the county
tempor~rily withdrew the property from the market to analyze its
possible use as part of the County's cleanup of the groundwater
contamination at the Page Mill underpass.
CMR'296:91
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pi_qu •• iop
The qroundwater eontaJllination stems from several Stanford research
park sites which have begun, or are about to begin, cleanup opera
t.ions.. Tbe subj ect property lies downst.ream of t.he Stanf ord
research park l near and upstream at the Page Kill undercrossinq.
In early 1990, the Co~~ty notified Palo Alto that the property was
aqain available. As part of the City's acquisition process, staff
authorised. a level one hazardous vaste analysis. The analysis
included soi 1 and qroundwater samples.. Tbe report indicated that
the soil was clean., but there was contamination of groundwater
which, at the time of the report, was approximately 20 feet below
the surface of the property. The report also indicated that there
was evidence the water ta~le at ti.es was only 8 teet below the
surface. This concerned staff because it is very likely that any
development of this property 'Would require-under9round parking; if
the need arose to pump qround~ater from the underground surface,
the dev.lop~ent would be responsible for disposal of the contami
nated water and any associated contamination. staff was informed
that there is a. relatively easy and inexpensive procedure for
sealing the underqround parkinq structure to keep the qroundwater
froll entering the struc:ture~ However, there was enough concern
over the groundwater contamination as it related to any future
development of the property that staff believed further analysis
vas necessary.
A Request for Proposal {RFP) was sent to five consultinq enqineer
in9 firms. TWo of the five con:e;ultants responded to the RFP.
Wahler Associates was the lowest respondent at $27,050. Under the
attached aqreement, Wahler Associates will prepare a risk assess
aent of all issues related to the contaminated groundwater. The
risk assessment will identify and analyze the risks, and lonq-term
liabilities involved, if any, of the groundwater contamination as
it pertains to the City's purchase and development of the subject
property (includi~q vith or vithout an underground garage). The
analysis will also identify any mitiqation measures, if any exist
or are feasible, and an estimate of costs plus the consultant's
recommendation of whether the city should purchase the subject
property. In ad~itlon, under the agreement, the consultant will
prepare EIA and HUD torms, which is the basis for expenditure of
CDBG funds for the consultant.
Staft is confident that this firm will provide the inforlllation
necessary to determine whether the City should proceed with the
purchase of the subject property.
Funding for the contracted services will be taken from CDBG Land
Sank f\lnds.
CMR:296:91
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Staff recommends that Council:
1. ~ Approve and a.uth.orit.e the Mayor to exec:ute the attached
agreement with Wahler Associates in the a~ount of $27,050 in
CDBG Land Bank fundS, for qeotechnical and environmental
consulting services, including a risk analysis, of the County
owned Page Mill/A.h property.
2~ Authorize the City Manager o~ his designee to negotiate and
execute one or mora chanqe orders to the aq~eement with Wahler
Associates, the value of all of which chanqe orders shall not
exceed $4,058.
Respectfully Bubmitted,
fifli.k../tt dA~
WILLIAM w. l~
Real Property Mana,ger
ec: Ernie Figone, Santa Clara Transportation Agency
Palo Alto Housinq Corporation
Palo Alto Planning COmmission
Attachment
Related stat! Reports: CMR:252:8
CKR:296:91
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Attachment A
AGRISKER!'
BllftllZII !'lIB cU'r 01' PALO ALTO
lUID nm.n: asSOCIATES FOR
B5VXRORHERT1L ASSESBKKNT SERVICES
THIS AGREEMENT is made and entered into this day of
• 1991, by and between the CITY OF PALQ"ALTO, a
=mun~~i~c~i~pa~l'-~cc~rporation of california, hereinafter referred to as
·CITY,· and WAHLER ASSOCLATES (Taxpayer I~entification Number 94-
2573190), a California Corporation, with offices at 1023 corpora
tion Way, Palo ~to, california 94303, hereinafter referred to as
·CONTRACTOR· ;
• I , , Z S SIT I:
WBEREAS~ CITY desires cercain environmental assessment
services in conjunction with its proposed purchase of land owned by
Santa Clara County at the north vest corner of Page Mill Road and
Ash Street in Palo Alto; and
WHEREAS, CITY desires to engage CONTRACTOR to prov ide
these services by reason of its qualifications and experience for
perforaing such services" and CONTRACTOR has offered to provide the
required serv1ces on the teras and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual
covenanta, the parties hereto ,agree as tollows:
SECTION 1 -DEFINITIONS
'I'he teI'1ll -CITY-as used in this Agreemer.t shall mean and
include all the territory lying within the municipal boundaries of
the City of Palo Alto, California, as presently existing, plus all
territory which .ay be added thereto during the term of this
Agreement by annexat".lon or otherwise~
1. 2 city Manager
The terJI -City Manager-shall mean the duly appointed
city Manaqer of the City of Palo Alto, California, or his
designate~ representative.
1.3 City Attorney
The ter. ·City At-.torney-shall me3n the duly appointed
City Attorney of the city of Palo Alto, California, or his
designated representative.
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1 ~ 4 City el. rJc.
The tera ·City ~erk· shall mean the duly appointed City
Clerk of the-City of Palo Alto, California" or he.r desiqnated
representatIve a
laS Risk Manager
The tera -Risk Kanaqer-shall mean the duly appointed
Risk Hanaqer ot the City or Palo Alto, California, or his
designated representative.
1 .. 6 Project
The t·ller1l -Project-means the services described in
EXhibit -A-entitled ·Scope of Services· attached hereto and made
a part hereof by this ret".e.rence.
SECTIOI 2 -PROJECT cooRpn!ATION
2.1 ~
The City Manaqer shall be representative of CITY for all
purposes under this Aqreesent. Bill Fellman is designated as the
PROJECT MANAGER for the City Manaqer, and he shall supervise the
proqress and execution of this Agreement.
2.2 ContrActgr
CONTRACTOR sball assign ill single PROJECT DIRECTOR to have
overall responaibility for the progress and execution of this
Agreement for CONTRACTOR. Brian pettingill hereby is designated as
the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or
conditions subsequent to the execution of this Agreement require a
substitute PROJECT DIRECTOR for ~~y reason t the PROJECT DIRECTOR
designee shall be subject to the prior written approval of the
PROJECT MANAGER.
SEC'J'IQK ] -Q9TIES OF CONTRACTOR
3.1 services to be Furnished
C!lIlTRACTOR shall provide all specified services
under this Agree.ent as set forth in Exhibit A.
3 • 2 Lays to be Observed
CONTRACTOR shall,
3.2.1 Procure all permits and licenses, pay all
_ charqes and fees. and qive all notices which may be necessary and
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incident to the due and lawful prosecution of the services to be
pertot'lDed :by CONTRACTOR under this Agrt!:ement;
3.2.2 Jteep itself fully informed of all elCisting
and future federal, state, and local laws, ordinances, regulations,
orders, and decrees which ... y affect those engaged or employed
under this Aqreement, any .aterials used in CONTRACTOR's perform
ance under this Aqreellent .. or the code. ot the services under this
Aqreement;
3.2.3 At all times observe and comply with, and
cause all of its subcontrectors and Employees, if any" to observe
and comply with, all or said laws, ordinances, regulations, orders
end decrees mentioned above; and
3.2." :r..ediately report to the PROJECT MANAGER
In writing any discrepancy or inconsistency it discovers in said
laws, ordinances, requlations, orders, and decrees mentioned above
in relation to any envlromaental assessments, studies, plans,
drawings, or prOVisions o~ this Aqreement.
3.3 Release of Reports and Infyrmation
Any reports, infor.ation, data or other material given
to, or prepared or assembled by, CONTRACTOR or its subcontractors,
if any, under this AqreeJleIlt shall be the property of CIT'! and
sball not be made available to any individual or orqani!ation by
CONTRACTOR or its subcontractors, it any, without the prior written
approval ot the City Manaqer.
3.' Copies 9f Reports and Information
If crn requests additional copies of environmental
assessments, studies, reports, drawinqs, or any other material
which CONTRACTOR is required to turnish in limited quantities as
part of the services under this Aqreement, CONTRACTOR shall provide
such additional copies as are requested and CITY shall compensate
CONTRACTOR for the costs of duplicating of such copies at
CONTRACTOR'S cost ..
3.5 Final Products
CONTRACTOR shall provide CITY with twenty (20) copies of
the final products required under this Agreement upon completion
and acceptance of such products by CITY.
3~6 Qualifications of Contractor
CONTRACTOR represents that it is qualified to furnish the
services descrIbed under this Agreement. As evid.ence thereof,
CONTRACTOR warrants that one or more meabers of employees of the
fira are licensed by the state of California and that the services
to be provided under this Aqreement will be performed by them or
under tbei~ supervision~
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~ECTXQN 4 -COMPENSATION
Foy the full pe.rformanc.e ot the services de-scribed herein
by CONTliACTOR, CITY shall pay CONTRACTOR a total sum not to exceed
TWenty-aeven Thousand Fifty Dollars ($21,050), payable as provided
in this Section and within thirty (30) days of sullmission by
CONTRACTOR of its itemized billings in triplicate, in accordance
with the attached Fee Schedule marked Exhibit -8-and incorporated
berein by this reference. Notwithstandinq tbe foreqoinq, CITY
shall pay CONTRACTOR Nine Tbousand seventeen Dollars ($9,017) of
the total COIIIP"nsation under this Agree.ment thirty (30) days
following the commencement of the term and after CONTRACTOR I S
proqress meetinq vith the PROJECT KANAGER as require<! under Exhibit
A~ Tbe balance ot CONTRACTOR's compensation shall be payable at
the oospletioD of all services under this Agreement.
SECTION 5 -QUTIES OF CITY
CITY sball provide t.o CONTRACTOR one (l.) copy of the
neinfelder, lnc. Pre.linnary Geotechnical Investigation, dated
July 13, 1990.
of this
Project
SECTION 6 -TERX
The term of this Agreement shall colDlrlence upon execution
Aqreeeent and sball be complet~ in accordance with the
time schedule set forth in Exhibit A.
SECTION 7 -TEKPORARX SUSPENSION
The city Manaqer shall have the authority to suspend this
Aqreement, wholly or in part, tor such period as he deems necessary
due to unfavorable condition$ or due to the failure on the part of
the CONTRACTOR to pertor. any provision of this Agreement.
SECTION B -EXTENSION OF T£RH
In 1:he event that the services called for under this
Agreement are not completed wlthin the ti=e $pecifled above, the
city Manaqer shall have the option to extend the time for comple
tion. This paraqrapb Ooes not preclude the recovery of da-mages for
delay by either party.
SECTION 9 -TtRKIHATIQN OR SUSPENSION Qr AGREEMENT
9.1 Right to SUSMDd or Terpinru.
Tbe city Manager may suspend. or terminate. this Agreement
vithout cause by qivinq thirty PO) days' written notice to
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CONTRACTOR.. Upon rece.ipt of such notice, CONTRACTOR shall
immediately discontinue his performance under this Aqreement~
CONTRACTOR aay terminate this Aqreement or suspend 'Work
on the Project upon thirty (30J days' written notice to CITY~ but
only in the event ot substantial failure ot performance by CITY or
1n the event CITY abandons or indefinitely postpones the Project~
9 • 2 Payment
Upon sucb suspension or termination by CITY, CONTRACTOR
shall be paid for all services actually rendered to CITY to the
date of such suspension or termination; provided, however, if this
Agreement is suspended or terminated for fault of CONTRACTOR, CITY
shall be obliqated to compensate CONTRACTOR only for that portion
of CONTRACTOR's services which are of benefit to CITY.
9~3 Return of Materials
Upon such suspension or termination, CONTRACTOR shall
turn over to the City Manaqer i~ediately any ~nd all copies of
studies, sketches, drawings, co~utations, and other data~ whether
or not cOlDpleted~ prepared by CONTRACTOR or its subcontractors, if
any, or qiven to CONTRACTOR or its subcontractors, if any, in
connection with this Agreement. Such materials shall become the
perlilacent property ot CITY.
SECTION 10 -INPEPENDEIiT .JV[)GMEHT
Failure of CITY to agree with CONTRACTOR's independent
findings, conclusions, or racommendations, if the same are called
for under this Aqreeaent, on the basis of differences in matters of
judqment shall not be construed as failure on the part of CONTRAC
TOR to lIeet the requirements of this Agreement.
SECTION 11 -ASSIGNMEN"l'; SUBCONTRbCTOBS; EMPLOYEES
11. 1 Msiqrment
Both parties shall give their personal attention to the
faithful perforaance of this Agreement and shall not assiqn~
transfer ~ convey, or otherwise dispose of this Agree.aent or any
riqht~ title or interest in or to the same or any part ther-eot
without the prior written consent of the other party, and then only
subject to such teras and conditions as the other party may
require~ A consent to one assiqnment shall not be deemed to be a
consent to any subsequent assiqnaents. Arly assiglllllent without such
approval shall be void and, at the option of the other party, shall
terainate this Aqreeaent and any license or pr-ivilege qranted
herein. This AqreeJlent and any interest herein shall not be
assignable by operation of law without the prior wri tten consent of
the otber party.
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11.2 Subcontractors
It-is agreed that this Agreement is tor the peraonal
services of CONTRACTOR and cannot be performed by any other person
or orqanization.
1143 $"Jx:;pptractorB; Employees
CONTRACTOR shall be responsible for employing or enqaging
all persons necessary to per fer. the services of CONTRACTOR
hereunder. No subcontractor of CONTRACTOR will be recognized by
CITY a.s. such: rather. all liubcontractors are deemed to be em.ployees
of CONTRAC'rOR, and it agrees to be responsible for their perforJlt
&nee. CONTRACTOR shall qive its personal attention to the
fulfillment of the provisions of this Agreement by all of its
employees and subcontractors., if any, and shall keep the 'Work under
its control. It any employee or sul::>contractor of CONTRACTOR fails
or refuses to carry out the provisions of this Agreement or appears
to be incOJq>etent Dr to act in a disorderly or improper manner, he
shall be discharged immediately trOll the work under this. Aqreement
on deaand ot the PROJECT MANAGER~
SECTION 12 -)JO'fIClS
All notice.s hereunder shall be given in writing and
mailed, postage prepaid~ by certified mail~ addressed as follows:
To CITY: Office of the City Clerk
250 Raaiiton Avenue
Palo Alto, CA 94303
1'0 CONTRACTOR: Attention of the PROJECT DIRECTOR
at the address of CONTRACTOR recited. aboVe
SECTION 13 -INTEREST OF CONTRACTOR
:In accepting this Agreement, CONTRACTOR covenants that it
presently has no interest, and shall not acquire Any interest,
direct or indirect, financial or otherwise, which 'Would conflict in
any manner or degree with the performance of the services bere
under~ CONTRACTOR further covenants that, in the performance of
this AgreeJieIlt .. no subcontractor or person havinq such an interest
shall be eaployed.. CONTRACTOR certifies that no one who has or
'Will have any financial interest under this Ag:r"eement is an officer
or e.ployee of CITY. It is expressly agreed that in the perform
ance of the professional services required under this Agreement
CONTRACTOR, and ~y ot its suboonaultants or employees, shall at
all tiaes be considered independent contractors and not aqents or
e>lployees of CITY.
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SECTION 14 -INPEKHlD:
CONTRACTOR agrees to protect, indemnify, defend and bold
harmless CITY, its officers, agents and ezployees fro~ any and all
demands, claims, or liability of any na.ture, including death or
injury to any persOD .. property damac;e or any other loss, caused by
or arising out of CONTRACTOR's, its officers', agents', subcon
tractors' or employees' negligent acts, errors, or omissions, or
willful misconduct, or conduct for which the law imposes strict
liability on CONTRACTOR in the performance or failure to perform
this Aqr-eement.
§ECTIOH 15 -W0BXER$' COMPENSATION
CONTRACTOR, by executing this Aqreement, certifies that
it is aware of the provi$ions of the Labor Code of the State of
california which require l!Very 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 before commencing the perform
ance of the work of this Agree.ent.
SEGTlQJl 16 -IHSURARCE
OONTRACTOR, at its sole cost and expense, shall obtain
and maintain, in full force and effect throughout the entire term
of this Aqreement, the insurance coverage described in Exhibit ·c·,
attached hereto, and incorporated herein by this reference,
insuring not only CONTRACTOR and its subcontractors, if any, but
also, with the exception of workers' compensation and employer's
liability insurance, CITY, its officers, agents and amployees, and
each of thelll, with respect to activities and services performed by
OONTRACTOR for or on behalf of CITY under the provision3 of this
Agreement.
certificates of such insurance, preferably on the forms
provided by CrTY, shall be tiled with CITY concurrently with the
execution of this Aqreement. Said certificates shall be subject to
the approval of the CITY Risk M05nager and. shall contain an
endorsement stating that said insurance is primary coverage and
will not be cancelled or altered by the insur-er except after filinq
with the city Clerk thirty (30) dayst prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured (except in policies of professional
liu,ility insurance]. current certificates of such insurance shall
be kept on file at all times durill9' the term of this Agreement with
the city Cleric.
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SECtION 11 -AUpITS
CON'T1l.ACTOR. aqrees to p6no.it CITY to audit I a.t any
reasonable time during the tera of this Aqreement and for three (3}
years thereafter., CONTRACTOR's reC()rds pertainif19 to matters
covered by this Agreement. CONTRACTOR further agrees to maintain
such records tor at least three (3) years after the term of this
Aqreement.
SECTION 18 -AGREKMENT BINpING
The ter.s, covenants, and conditions of this Agreement
sha~l apply to~ and shall bind, the heirs, successors, executors,
administrators, assigns, and GUbcontractors of both parties.
SECTION 19 -WAryEBS
The waiver by either party of any breach or violation of
any teI'll, covenant, or condition of this Agre8lDent or of any
provision, ordinance, Dr law shall not be deemed to be ill ~aiver of
any other term, covenant, condition, ordinance, or law or of any
s\ll>sequent breach or violation o-t the sa1De or of any other term,
covenant., condition .. ordinance, or law. 'l'be suJ)sequent acceptance
by eitber party ot any fee or other money which may become due
hereunder shall not be deemed to be a wa 1 ver 0 t any preced inq
breach or violation by the other party of any tera.. covenant, or
condition o~ this Agreement or of any applicable law or ordinance.
SECTION 2Q -CQS1'S ANP ATTORNE¥S f FEES
The pr-evailing party in any action brQught to enforce the
terms of this Aqreement or arising out of this Agreement ~.ay
recover its reasonable costs and attorneys' fees expended in
connection with such an action from the other party.
SECTION 21 -NO IMPLIEp WATVER
No payaent# partial payment, accep't"~_nce, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Aqreement.
SECTION 22 -NQNDISCRIMINATION ; PENALTY
22.1 Duty of Contractor
Xo discrimination shall be made in the employment of
persons under this Agreement because of the race, color, national
origin, ancestry, reliqion or sex of such person. If the value of
this Agreement is, or may be, Five Thousand Dollars ($5 .. 000) or
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more, CONTRACTOR agrees to meet all requirements of the Palo Alto
Municipal code pertaining to nondiscrimination in employment and to
coaplete and submit the -Compliance Report--Nondiscriminat1on
Provisions of City of Pa.lo Al-to Contracts" on the form furnished by
CITY.
22.2 Penalty for Discrimination
It CONTRACTOR is found in violation of the nondiscrimina
tion provisions of the state of California Fair E=ploy=ent
Practices Act or sisilar proVisions of federal law or executive
order in the performance of this Agreement, it shall tl1ereby be
found in material bre.ach of this Agreement. Thereupon. CITY shall
have the power to cancel or suspend this Aqreement.. in whole or in
part, or to deduct from the amount payable to CONTRACTOR the SWI: at
Twenty-Five Dollars ($25) for each person for each calendar day
during Which such person was discri.inated against, as damaqes for
said breach of contract .. or ~th. Only a finding of the S'tate of
California Fair Eaploy&ent Practices Commission or the equivalen~
federal agency or officer shall constitute evidence of a violation
of contract under this sectio~.
If COll'l'RACTOR is found in violation of the nondis
crl.ination provisions of this Aqreement or the applicable
a~firmative action guidelines pertaining to this Aqreement,
CONTRACTOR shall be found in material breach of this AcJreement ..
Thereupon, CI'l'Y sball have the power to cancel or suspend this
Aqre~t, in whole or in part, or to deduct froD the amount
payable to CONTRACTOR the SUli of TWo Hundred Fifty Dollars ($250)
Cor each calendar day during: which CONTRACTOR is found. to have been
in such nOhCoapliance as damaqes for said breach of contract, or
both.
SECTION 23 -AGREE><ENT CONTAINS ALL UNDI:RSTANDINGS;
N\E!!O!!ENT
This document represents the entire ~~d integrated
agreement between CITY' and CONTRACTOR and supersedes .all prior
negotiations, representations, and agreements.. either written or
oral. This docu.ent ~ay be amended on1y by written instrument~
siqned by both CITY and COIl'1'RACTOR.
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SEC'l'ION 24 -GOVEMING tAW
'1'1:11. Aqree.ent shall be qoverne4 by the laws ot the State
ot Calitornia.
IN WITNESS WHEREOF, the partie.s bereto have executed this
Agreement the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
AssIstant City Attorney
APPROVED:
Assistant City Kanaqer
Director of Finance
Risk Manager
APPROVED AS TO CONTENT:
Dir. of Planning and
Community Environ:aent
CITY OF PALO ALTO
Kayor
WAHLER ASSOCIATES
By :~c:::,~,",,,,'==:::b===-",,,,-.o..J-N.L!.N~;f<,,-__
Its: _-,0.",'1.' "s""4 ....... &:u .. L£C.'I..<P!jO!(..."wc;z:==L-__ _
Taxpayer Identification No.
'1'"1 -l<;}3/90
Kanaqer of Real Property
Attacluaents :
EXHIBIT -i\
EXHIBIT -8·
EXHIBIT ·C·
SCOPE OF SERVICES
FEE 5 CHEOOLE
INSURANCE
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Scope ot Services
Project Description
The city of Palo Alto is planning to purchase a O.85-4cre vacant
parcel of land at the corner of Page Mill Road and Ash street in
Palo Alto, California, fro. the County ot Santa Clara. The City
will use Federal funds froa the united states Housing and Urban
Develop.ent (BUD) to purcha.se the land from the county. The city
will then oonvey the property to a non-profit organiz.ation for
development ot low income or belo~ market housing, consisting of a
mUlti-unit apartaent coaplex, a sinqle-roam-occupancy (SRO) botel
development, or a project vith fewer but larger family units. A
one level underqround parking garaqe is also planned for the
developaent.
The site lies above a known ~in91ed groundwater contamination
plume. This contamination could affect the development of the
project through risk ot exposure in the underground parkinq
structure or the residential units to workers and/or inhabitants of
the completed project and throuqh general contamination of the
site. The groundwater beneath the. site is currently believed to be
approximately 20 feet below ground surface (bgs); although data
from nearby sites indicates that qroundwater previously has been as
high as 5 to 8 feet bqs. Contaminants in the groundwater beneath
the site are reported to include volatile organic compouncls and
heavy aetals. Due to the site's proximity to a known fuel leak
easel petroleum hydrocarbons :aay also be present in the qroundwater
beneath the site.
Under this Agreement, Wahler Associates vill prepare an Environ
aental Impact AssesS1Iellt (EIAJ for the proposed housing project to
satisfy the requirements of the california Environmental Quality
Act (CEQA), the. National Environmental Protection Act (NEPA)
Requlation 24 eFR, part 58, and all BUD requirements for funding
the project, including completing the Format III Document.
Under this Aqree.ent, Wahler Associates viII also prepare a risk
assesSJllent of the grOWldwater contamination problem at the site
with regard to the proposed developlle.nt. Registered environmental
assessors and geotechnical professionals will analyze various
mitigation aeasurea to exaaine the feasib.ility of alternative
project plans, especially regarding the proposed underground
garage. Mitigation .easure.s will also be suqgested to limit
pot~~tial exposure to soil and groundwater contaminants.
B. SCoPe of services -Pr=oi act Approach
InitiallYI Wahler Associates vilI consult with the affected local l
state, and. federal qovernmental agencies to incorporate their input
regardinq potential iapacts of the proposed project l as well as
attend a scopinq aeeting with the City staff, arranged by the City,
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to identify pertinent ar ..... of ooncern under this Agreement.
As its suboonsultants, Wahler Associates yill utilize the
protes.ionaI consultinq services ot Baseline Environmental
ConBIultants ot Eaeryville, california, a fiZ1l experienced. with
CEOA/NEPA issues, to aid in the preparation and review ot the.
Environmental llIpact AssessJlent, and Lee R. Shull, PH~D~, a
tosicoloqist with rift analYlJi. experience, to aid in the
preparation of the risk aseesament.
1.. Enyironme.n1:Al laact Assesuent (ErA)
Follcwinq id.entification of tha major project issues, Wahler
Associates will prep6re an EIA which analyzes all potential
individual and CWIIllaUve ilopacta of the alt"rnativ.a for the
proposed project, in CODPliance with the proviaions ot CEQA,
liEPA, and HOD.
a.. Initia) study -An Initial Study will be conducted
as the "",in _nent Df the EIA to det ..... ine if the
alternatives tor the project ]lay have adverse significant
i~cts on the l!DV'ironment. All phases ot the project's
plo:mninq, iJtpl_ntation, and operation will be
considered in the Initial Study ..
i. Purposes oC the Initial study
The purpo""" of this Initial Study W>cIer thio
Agr ........ t sball include, but are not limitecl to the
followinq:
o Provide the City with information to use
as a basis for deciding: Whether to
prepare an Environmental Impact Report
[EIR) or a Negative Declaration for the
project and its alternatives.
an ~ uy be pr"pared if the City of
Palo Alto decides that the Initial study
indicates that the proposed project aay
caus.e-significant environmental i.pacts.
A Ilegatiye Deplaration Zl!4Y be prepared if
t:I>e City Df Palo Alto decides that the
l.D.itia1 st\1<ly &hows the.ra are no
signiiicaI.Lt envirormental upac"t-s caused
by the proposed proj eet, or-that the
lDitial study identifies aitigl:tion
.easures that would offset the i~acts.
o EDable the project applicant (non-profit
~inq orqanization) to »Ddify the
propoaed project, .itiqatinq potentially
adverse siqnificant impacts before an EIR
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i. pre-pared, thereby enablinq the project
to qualify for a Neqative Declaration~
o Facilitate environ.ental assess.ent early
in the design of the project, to a •• iGt
the City in d.e.terain inq whether to
purchase the site and to allow for
quicker and acre efficient alterations of
tho project to offset significant
iJopacts.
c Provide documentation as the factual
basis for the determination in a Neqative
Declaration that the project. will not
have a significant effect on the
environment ..
o Eltainate. an unnecessary EIR~
o If an EIR 1s required. the Ell. will
assist in future preparation o~ the
cIocIDent by focusing the EIR on the
efZects deterained to be significant,
identi'fying the effects determined not to
be signif icant. and explaining the
reasons for deteraining that potentially
significant effects would not be
siqnifica.nt.
ii. ~Mts of the Initial study
The Initial study sball contain the followinq
iteas:
o A project description and its
alternatives, includinq the location of
the site. Figure(s) and photograph(s)
will be included to locate and identify
the project. site with greater clarity.
o An identification of the environaenul
setting at the project site and
surrounding vicinity to aid in
establishing potential environmental
t.pacts ot the proposed project.
o An identification ot individual
eJlvironmental effects and cumulative
e.nvirorraental impacts caused by the
project and its alternatives, and. their
like lihood ot occurrence, by use of the
cbecltlist provided by the City,
Individual environmental effects would :be
those e~fects caused exclusively by L~e
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project, While the project's cWllulatlv8
environaental effects would be those
Yhleb combine with other existing
environmental problems to create
.iqniticant adverse environmental
~ct8.
o A discussion of ways to a1tig-ate the
significant effects identified during
preparation of the checklist, if any" and
proposed .i tiqation .onitoring proqra.s
to illple..ent recommended .itigation
-..easures.
o An examination of 'Whether tbe project
would be consistent with e~iating zoning
and other applicable land use controls.
iii. lew Its of the In it ia 1 Study
once the Initial study 1s completed, the City vill
prepare a Notice of Det:"!I"aination. At this time,
it the city determines that any aspect ot the
project, either individually or cumulatively, may
cause .. siqnificant effect on the environment,
req&rd.leas ot whether the project is adverse or
benefiCial, the City sball prepare an EIR or use a
previously prepared EIR which the City feels would
acSequately analyze the project. The City shall
prepare a Negative Declaration if it perceives DO
substantial evidence that the project or any aspect
of it. viII cause a significant effect on the
eJ"Ivironaent •
b. 5UD ror.a-t III pggyment -In order to lDeet the
requireaents ot the NEPA Guidelines for purchase of the
subject property for development ot low income or below
-.arket rate bousinq, Wahler Associates \iill complete and
process the HOD Foraat III Documentation.
Should there be a conflict in the requirements of CEQA
and NEPA with regard to the preparation of the EIA and
the Format III OOcuaent, Wahler will contact the
correspondinq aqency requesting the into~tion.
Questions related to NEPA will be directed to BUD, and
questions related to CEQA will be directed to the city
and/or the califDrnia office of Planninq and Research.
Wah1er will C01Iply with .all requirements of both CEQA and
JfEPA re<J&rdinq the initial study. EIA and BOD Format III
doc\l1Dent •
2. RiO MUSpent
As there 1. known qroundVate.r conta.ination beneath tile site,
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there aay be risk involved in purchasing and developinq the
project site. Wahler Associates will p~form the followinq
services for the risk as5eSsile.nt: analyze all accumulated
data for the project aite provided by the City, includin9
soils analysis reports and qround\later contamination
intoraatlon for the project site and the commingled plume in
the a-ite vicinity; perfor. an Environmer:tal site survey for
the project site. inclucling aclclitional soil samplinq and
monitorinq vell installation and chemical analysis of soil and
vater si!lIplu; and analyze the data and prepare a risk.
assesmaent docUaent re-latinq to t he purchase and potentia 1
clevelopment of the property.
a~ SCOP' of Risk Assessment Investigation -Wahler
Associates lIo~ill perfor. the following tasks in order to
coaplete the preparation of the risk assessment document
and aasur_ that the standard of the industry tor due
cliliqence [joB defined by Association of soil , Foundation
Enqineer (ASFEJ contract reference quideline.!l is met in
conducting the Envl.rolUlllenta 1 site Survey:
o compile and review available pertinent soil
an~ groundwater data for the project site and
the COJIaingled qroundwater contamination plume
in the site vicinity accuaulated by the city
and available at the Reqional Water QUality
Control Board {RWQCB) in Oakland~ California,
the Santa clara Valley Water District (SCVWD)
in San Jose, california, and the california
Depart.ent of Health Services (DOHS) in
Eaeryville, california.
o Perfor. an Environmental Site SurvQy for the
project site, including a site history review,
that includes identifying previous ownership
and uses of tbe property that reflect
potential for current contamination, a chain
of title review for past fifty (50) years,
review of deeds, leases, covenants,
conditions, and restrictions, exaaination of
aerial photos, e.nd search for cleanup liens; a
requl&tory and government &gency review; a
site inspection of subject site and adjacent
properties that identifies uses anci activities
that could iapact environmental condition and.
value of property; soil samplin<j at three
locations, compl-etinq one of the three soil
J>orlnqs as a 9roundwater monitoring well,
Cleveloping and samplinq both the new veIl and
the existing well, cheaically analyzing soil
and groundwater samples for known contaminants
identified in the groundwater. and J1akinq
re~ations reqarding any necessary
follow-up work to further characterize the
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riaka involved in purchasing the property.
Identify tbo .ite and vicinity bistorical land
oaea, •• veil... hazardous materials usaqe
arvl/or spill incidents, both necessary to
accurately survey the risk involved to the
City in purchasing the project site. The soil
and qroundVater eaapling and testing will aid
iD dete.ralning the extent and concentration.
of conu.inants beneath the site, further
identity in<] potential bea 1 tb and liabll i ty
risJts, and identifying possible aitigation
aeasures, it any .. to otfsat the identified
risks. The results froa this survey will be
included In the rl~t assessment docuaent.
o W&bler Associates will use the info:raation
fro.. the above inveatlqation and analyses to
prepare tbe risk assess.ent doc:wIent. Tbe
docuaent "ill <:ontain the following
intoraation tor the project, and ita
alternatives, analyzed both with and. without
the u.nd&rqround park ing strtleture:
A brief description of the proposed
project and it.. alternatives and the
qroundVater contaaination prebl ... beneath
the project sito.
Results fro. the Envlron.ental Site
SUrvey, includir19 the additional Boll and.
water saapling and te"ting.
Ident if ieat! on and ana 1 Y. is of the
potential dab (including health riab)
of the groundwater contaalnation beneath
the project .ite 'With reqard to the
City's purchase and develop-.aent of the
land. The analyaia vi 11 take into
consideration all the abort-tara
(construction) and long-tora (after
construction) e:tecta.
Explanation of potential aitigatlon
:aa.asure.s, if any, to aft.et the rlaJt
associated with the purch •• e and
develop..."t of the property and their
feasibility and eati .. ted co.t •.
Baaed upon environaantal conaideretion &
re<"oaaendation regarding vbether tho City
should purchase the property based on the
inforaation contained vithin tho risk
assessaent analy.i •.
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If purchflse is recommended, Wahler
Aaaoei.tes shall certify that the inquiry
conducted i. sufficient to support an
-innocent landowner-defe.nse and that all
epproprl~ta inquiry consistent with
cuatoaary cOlmlerclal practice has been -.
Wahler Assoclatu .. 111 coorc1inat .. with the city and other
affected agenci.. .....1)' in the preparation of the three
do<::1menta (ErA. BUD I" ...... t III Document, and Risk Assess.ant)
in orcSer to alnial&. the ti.e required for the review and
revision perlod~ Following any necessary revisions to the
draft docuaent., Wahler Associates will provide the city of
Palo Alto with tventy (20) copies of each of the final
do<::1menta •
3~ Project TiM Sdw'ull
The project will be CCOIpleted according to the following
schedule:
o On or about. 30 day. fro. execution ot this
agreement, -.bler AIIsocrate.s will .eet with the
Cit)' Project II&naqar (Bill Fellman) to review
progress. &II part of the review Wahler Associates
will qive • qeneral description of the work
cotIpleted OIl each of the documents (EIA, HUn and
Risk Assess.ent). Wahler will also qive a qeneral
descrlptlOb of what work remains to be done and the
eatt.ated tt.. of completion.
o On or about 55 dsya froD. execution of this
agreeaent, &abler Associates will furnish a rough
draft of the work completed to-date for review and
co~t b)' city Staff.
o Two (2) weeks atter draft work product has been
returned with City COlDlents, Wahler Associates will
furnish :2 0 copies ot the completed dOCUlJents ,Ell,
BOD and RiSk Assessment), with all of City staffs
COlIDIlents incorporated into the documents.
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E.XHIIIIT "B"
FEE. SCHEDULE
EIA/RISX ASSESSMENT
PAGE HILL/ ASH PROJECT
PALO ALTO, CALIFORNIA
I~ EnVironmental Assessmen~ ~and BUD For~at III
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Initial Study
RUn Foraat III Dc>cUllentation
Meetings /Report:l.n.g
Item I Total
$ 4~395
2,164
$~
$ 7,348
Item I Person Days ]3.0
II. Risk Assessment
0 Document Review/Regulatory Review $ 1,668
0 Environmental Site Survey
Site Bi&tory 596
Soil SsamUy -3 Bori.n.gs :
Drillerfr 1~20Q
-Wabler Labor M6
Equipce.nt .300
Well Installation:
Driller/Materials 960
W'ahler Labor 508
Well ~velop.erl"t/Sempling 388
~ Wohler Associatrzs CPL-I17
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Chemical Analysis*
FEE SClILD\JLE
{Continued)
o
(Based on 9 80il sample. and 2 WB~er aamples~
analys~ for volati16 organics. metals and
petroleum bydroearbons~ standard analysis turnaround
time)
Data Analysis • Mitigation Measures Assessment
Document Preparation
Itea II Totd
Item II Person Days
Ieems I and II Total
Total Person Cays
Project Contingency (151)
Project Total
Say
• Denot~ driller/laboratory subcontractor services
CPL-ll'
4 J S'O
2.262
$19.700
18.00
$27.046
31.00
$ 4,OD
$31,105
$31.100
•