CMG Landscape Architecture 1 Service Provider Agreement Version 04-19-23
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ____ day of _________ 2023 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and CMG LANDSCAPE ARCHITECTURE, a California corporation, whose address is 444 Bryant Street, San Francisco, CA 94404 (“ Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: Technical Consultants for the following three adaptation projects: Long-term Adaptation Plan, Oakland- Alameda Estuary Adaptation Project and Bay Farm Island Adaptation Project . On behalf of the San Leandro Bay/Oakland-Alameda Estuary Adaptation Working Group (Working Group), City staff issued an Adaptation Technical Consultants Request for Proposals (RFP) on May 2, 2023. After a submittal period of 49 days, the City received eight timely submitted proposals on June 20, 2023. The Selection Committee reviewed the proposals and selected the Provider after interviews with the top three teams . The Selection Committee consisted of representatives from the City of Alameda (two), City of Oakland, East Bay Regional Park District, Caltrans, Port of Oakland and Community Action for a Sustainable Alameda.
C. Provider is specially trained, experienced and competent to perform the special services that will be required by this Agreement.
D. Whereas, the City Council authorized the City Manager to execute this agreement on ____________________.
E. The City and Provider desire to enter into an agreement for Adaptation Project Technical Consultant, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM
:
The term of this Agreement shall commence on the _____ day of _______ 2023, and shall terminate on the 30th day of June 2027, unless terminated earlier as set forth herein.
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2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
Provider may rely on the data and information provided by the City wi thout independent verification.
3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference. b. The total compensation for this A greement shall not exceed $2,767,000 including contingencies. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider ’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associ ated with an employer-employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
:
Provider assumes any and all responsibility for ver ifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS
:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney ’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under this A greement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees alleg e negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the typ e, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California , as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit declarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3)
Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
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or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider ’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology- based, in the following minimum limits:
$2,000,000 each claim
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought . Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER
:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE
:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS
:
The City, its City Council, boards, commissions, officials, employees , agents , and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this pol icy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured covera ge under Provider’s policy shall be primary and non- contributory and will not seek contribut ion from the City’s insurance or self -insurance. Any available insurance DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider ’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimu m coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.
11. CONFLICT OF INTEREST
:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. Provider will disclose in writing any potential conflict of interest to the awarding agency and the City.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
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13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub- providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub -provider shall be required to furnish proof of workers ’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub- providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not
apply to persons who are merely
providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS
:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement , as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”).
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b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City, the Comptroller General of the United States, Federal Office of Inspector General 2 CFR 200.336, Caltrans , and the California State Auditor , through any authorized representative, has the right to examine and audit the Records , and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the R ecords is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’ s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
d. Notwithstanding subsections 16.a. through c. above, Provider shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP) to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
17. NOTICES
:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of : (x) actual delivery or the date on which delivery is re fused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Planning, Building and Transportation Department
City Hall
2263 Santa Clara Avenue, Room 120
Alameda, CA 94501
ATTENTION: Gail Payne, Project Manager
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Email: [email protected]
Ph: (510) 747-6892
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
CMG Landscape Architecture
444 Bryant Street
San Francisco, CA 94404
ATTENTION: Chris Guillard, Partner + Principal
Email: [email protected]
Ph: (415) 757-2050
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Planning, Building and Transportation Department
City Hall
2263 Santa Clara Avenue, Room 120
Alameda, CA 94501
ATTENTION: Gail Payne, Project Manager
Email: [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider , including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all s afety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirement s will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
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19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement . If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impose , at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Ag reement, Provider shall keep fully informed of all existing and future state and federal laws, Executive Orders, regulations, and policies, and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable requirements of all laws, state and federal, Executive Orders, regulations, and policies, and all ordinances, rules and regulations enacted or issued by the City. b. Provider acknowledges that the sea level rise adaptation project(s) are funded in whole or in part by various funding sources, including federal and state grant restricted funds. All services performed by Provider pursuant to this Agreement shall be performed in conformance with all applicable federal, state and local laws, regulations, ordinance, all applicable Caltrans DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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policies and procedures, and all applicable Caltrans published manuals. In case of conflict between any applicable federal, state and local laws, regulations, and ordinances, and/or any applicable policies, procedures, or published manuals of the federal government, Caltra ns or City, the order of precedence of the applicability of same to this Agreement shall be in the following order: ( 1) federal law and regulations; (2) California laws and regulations; (3) Caltrans policies, procedures and published manuals; (4) local or dinances; and (5) City policies, procedures and published manuals.
c. 2 CFR Appendix II to Part 200(G). Provider agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
d. 2 CFR Appendix II to Part 200(H). Provider agrees that it is not a party listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be found at https://sam.gov/content/entity-information .
e. 2 CFR Appendix II to Part 200(I). If Provider applies for or bids for an award exceeding $100,000, Provider agrees to file t he required certification under the Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
f. Lead-Based Paint Poisoning Prevention Act. Provider will comply with the Lead- Based Paint Poisoning Prevention Act (42 USC 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of residence structures.
g. Provider will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91- 646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases.
h. Provider will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disa ster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more.
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i. Provider will c omply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.O. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.O. 93-205).
j. Provider will comply with t he Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
k. Provider will assist the awarding agency in assuring compliance with Section 106 of t he National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
l. Provider will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
m. Provider must disclose, in a timely manner, in writing to the federal awarding agency or the City all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award § 200.113. Failure to make required disclosures can result in any of the remedies described in § 200.338 Remedies for noncompliance, including suspension or debarment.
n. Consultant Fee Cap. For individual consultant fees as set forth in in 2 CFR 1500.10, EPA participation in the salary rate (excluding overhead) paid to Provider shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, available at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/ , to be adjusted
annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices).
o. Provider agrees that pursuant to Public Resources Code §§ 42649.8 et seq., if Provider generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Provider shall arrange for organic waste or commercial waste recycling services that separate/source organic w aste for organic waste recycling. Provider shall provide proof of DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from the City.
23. CONFLICT OF LAW:
This Agr eement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein . This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF , DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
29. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
30. NONDISCRIMINATION – FEDERAL REQUIREMENTS:
a. Provider shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683 and 1685- 1686) which prohibits discrimination on the basis of sex; (3) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on t he basis of handicaps; (4) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (5) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93- 255) as amended, relating to nondiscrimination on the basis of drug abuse; (6) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 93- 255) as amended, relating to nondiscrimination on the basis of drug abuse; (7) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (10) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (11) the requirements on any other nondiscrimination statute(s) which may apply to the application. b. Provider certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60- 741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
(1) Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation.
(2) Selection for training, including interns and apprentices.
A. Provider agrees to post in conspicuous places in each of Provider ’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
B. Provider shall, in all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law.
C. Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers ’ representative of Provider’s commitments under this paragraph.
D. Provider certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law.
E. In accordance with applicable state and federal law, Provider shall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti -discrimination provisions of this paragraph. Provider shall provide such other information and records as such representatives may require in order to verify compliance with the anti -discrimination provisions of this paragraph.
c. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which the City may determine to cancel, terminate, or suspend this Agreement. The City reserves the right to determine independently that the ant i-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that Provider has violated state and federal anti - discrimination laws shall constitute a finding by the City that Provider has violated the anti - discrimination provisions of Agreement.
d. The parties agree that in the event Provider violates any of the anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.
e. Provider hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Provider receiving Federal Financial Assistance. In addition, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards.
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f. Provider’s attention is directed to laws, including but not limited to:
(1) CIVIL RIGHTS/EQUAL OPPORTUNITY
A. Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
B. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
C. Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
(2) PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in, and benefit from federally assisted programs and activities, including but not limited to:
A. Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 5). Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.
B. Nondiscrimination on the Basis of Handicap (24 C .F.R. 8). These regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8.
C. Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F
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constructed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
D. In resolving any conflict between the accessibility standards cited in paragraphs (A), (B) and (C) above, the more stringent standard shall apply.
31. RESTRICTIONS ON LOBBYING – FEDERAL REQUIREMENT:
This Agreement is subject to 24 C.F.R. 87 which prohi bits the payment of Federal funds to any person for influencing or attempting to influence, any public officer or employee in connection with the award, making, entering into, extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or agreement.
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IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
CMG LANDSCAPE ARCHITECTURE CITY OF ALAMEDA
a California corporation a municipal corporation
Kevin Conger Jennifer Ott
President City Manager
RECOMMENDED FOR APPROVAL
Chris Guillard
Chief Financial Officer
Allen Tai
Acting Planning, Building and
Transportation Director
APPROVED AS TO FORM:
City Attorney
Celena H. Chen
Chief Planning Counsel
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Working Group. These tasks will be completed
incrementally throughout the process.
• Interviews with each Working Group member,
including framing questions for the Working
Group regarding subregional governance
expectations and goals.
• Hold a kickoff workshop focused on:
• Co-creation process for subregional
organizational structure(s).
• Models for regional and state support.
• Establishing guiding principles for the
project.
• Developing overarching equity goals and an
equity statement.
• Research on the relevant organizational
structure options and matrix development
showing the pros and cons of different options,
ranked according to the ability to meet the needs
and goals of the Working Group; build off lessons
learned from Santa Clara County, San Mateo,
Marin, Sonoma, and other national models.
• Identify potential conflicts between Working
Group member cities or agencies, if required,
to support Working Group transformation
into a governance structure.
• Evaluate the nexus between different
jurisdictions and entities and their joint
vulnerabilities and provide preliminary
guidance on the type and scale of potential
subregional organizational structure(s)/
governance entities.
• Develop an outline for recommended
governance structure(s). This outline will be
clear on whether the governance structure
can be implemented within the existing
statutory authority of members or if special
state legislation is required.
• Assumption: Implementation of the
organizational structure is beyond the scope of
Part A. If the Working Group agrees to pursue a
specific organization structure, the CMG team
can assist through a contract modification.
However, additional resources will be required.
PART A: Long Term Adaptation Plan
Objectives:
Our objectives for Part A are to design planning
and decision-making processes that allow for
representation across the OLU, including feedback
from community members and stakeholders.
Communities within the OLU have varied backgrounds,
with many communities facing systemic inequalities
due to histories of red lining and disinvestment. With
this in mind, the processes must:
• Embed equity goals throughout the process.
• Build community trust.
• Build off existing efforts.
• Lead a process that aspires to transformational
change and provides benefits today and in the
future.
Task A.1 - Project Coordination, Governance +
Regional Agency Liaising
a. Project Management: Participate in project kick
off and facilitate monthly project management
meetings with the Project Partners to guide the
development of the project.
• Prepare and update project schedule.
• Prepare and update RACI (Responsibility
Assignment Matrix) to ensure consistent
coordination and appropriate engagement of
Working Group members, Project Partners, and
the Consultant Team.
• Prepare monthly project summary update
across tasks with % completion and critical path
tasks; communicate with Project Partners about
potential delays, concerns, successes.
• Prepare Project Charter outlining team goals,
values, and communication protocols.
• Facilitate team building workshop with select
Working Group members and Community
Partners to foster strong collaborative
relationships from the outset.
b. Sub-Regional Organizational Structure:
Collaborate with the Working Group to co-
create a sub-regional organizational structure
to accelerate and streamline implementation of
adaptation projects. We propose the following
process as a starting point for discussion with the
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c. Regional, State, Federal Agency Coordination:
Coordinate with regional agencies to identify
needs and opportunities for regional support
and engagement, and to share information,
lessons learned and best practices for adaptation
planning processes in other OLUs, which includes
the upcoming BCDC regional shoreline adaptation
guidelines. This effort will focus on the link between local, community driven planning and regional
support and regulatory requirements.
• Coordinate with Working Group and Community
Partners to identify key local organizations and
stakeholders and conduct interviews to establish
key concerns and goals for the planning process.
• Meet with BCDC on progress towards regional
shoreline adaptation guidance.
• Conduct interviews with regional, state, and
federal agencies.
• Develop a list of interviewees and topics and
vet with Project Partners.
• Prepare a memo summarizing interview findings
and presenting recommended approach for
locally driven planning process and agency
coordination and
• Consider developing a Regulatory Working
Group to establish a mechanism for regional
and other agencies to contribute to the
project.
• Invite regional agencies to provide updates
to the Working Group, if applicable.
• Complete a best practice review and series of
presentations for the Working Group
• Summarize best practices and
recommendations in a short memo and
series of presentations.
• Educate the Working Group through a
collaborative learning process; discuss
topics as they emerge.
•
Task A.1 Deliverables
• Project Charter + Team Building Workshop
• Project Management: Monthly meeting
leadership including agendas, notes and
schedule and progress updates..
• Subregional Organization Schedule: White Paper
and supporting documentation summarizing
the findings and recommendations for the
organizational structure(s).
• Regional Support + Engagement: Memo
summarizing the findings and recommended
approach for agency coordination and support.
• Best Practices: Memo and supporting
presentations summarizing best practices for
regional and state support for locally driven,
regionally supported OLU-based adaptation
planning.
Task A.2 - Public + Stakeholder Outreach (in
coordination with projects in Parts B +C): Community
Engagement will occur throughout the entire project,
concurrent with Tasks 3 and 4. Therefore we suggest
moving this task up to support developing the
community engagement plan shortly after the project
kickoff.
a. Plan: Co-develop with Community Partners
and Working Group members a public and
stakeholder outreach and engagement plan and
a communications strategy to build Community
Partner capacity to lead outreach within the San
Leandro OLU, to communicate the impacts of sea
level and groundwater rise, and to gather input
on adaptation needs, priorities, and solutions.
The community engagement plan will be built
with equity in mind and will seek to advance
diverse strategies to reach vulnerable, traditionally
underserved communities and California Tribes.
• The CMG team will support the Working Group
and Community Partners in the co-development
of stakeholder outreach materials, engagement
plan and communications strategy. We envision
a community driven approach that addresses
the following critical questions:
• How can resilience planning efforts advance
a culture of democratic engagement within
existing governmental systems, as well as
form new ones?
• In what areas of planning can community
members have a real impact?
• How do we open the full range of solutions
available to impacted communities,
including solutions that are restorative and
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regenerative?
• How do we ensure that planning processes
lead to meaningful outcomes that build on
community assets and meet real needs?
• How do we create the conditions necessary
for successful implementation?
• Co-design the stakeholder and community
engagement process to maximize inclusivity and
participation with available resources.
• Update the plan as the project evolves. The plan
needs to respond to what we learn through each
step of the process, and should be considered a
living document.
• Assumption: The Working Group and
Community Partners will take the lead on
developing the outreach and engagement plan
and communications strategy.
b. Toolkit: Fact sheets, press releases, articles, social media posts, presentations and talking points for
Working Group members including multilingual
versions.
• The consultant team will support the Working
Group by providing content for the above
communications.
• Assumptions: Consultant Team will provide
content, messaging and talking points to the
Working Group and Community Partners and
they will finalize and disseminate the materials.
The Community Partners will provide multilingual
translations of the materials.
c. Engagement: Conduct community engagement
in two rounds of outreach. The first round will focus
on draft vision, goals, vulnerabilities, preliminary
concepts, and governance options. The second
round will focus on the Draft Long-term Adaptation
Plan. The Working Group will provide a forum for
input and the Consultant will refine the products
and plans based on community input.
• We expect that the Engagement Plan will include
a combination of:
• Creative/Multigenerational Town Hall
Meetings that incorporate art and culture
along with technical information and
interactive planning games to educate,
inform, explore, and evaluate solutions.
• Pop Up Events (within communities)
• Multilingual Surveys
• Engagement with Youth and Youth Leaders
• Consider creating Adaptation Hubs within
different communities.
• As a baseline for planning purposes, we assume
the following for each round of engagement.
• (2) Townhall Style Meetings including online
and in-person events.
• (4) Pop Up Events (within communities)
• (2) Youth Events
• Online and Hard-copy Survey Coordination
• In each case we will co-develop or support the
following elements:
• Agenda and program including creative and
interactive methods of participation and
communication.
• Relevant messages and narrative
• Questions for the community
• Technical materials and interactive tools
• Compilation of key findings and input from
the community, clearly communicating how
input is used to inform the process and plan.
• CMG team members can support meeting
and activity facilitation and provide subject
matter experts.
Task A.2 Deliverables
• Community Outreach and Engagement Plan
(supporting role).
• Communications Toolkit Materials.
• Community Outreach and Engagement
Summary and Results.
Task A.3 - OLU Planning + Implementation
a. Vulnerability + Needs Assessment Survey: Review
existing vulnerability and needs assessment
reports, and supplement where needed, to
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determine existing conditions and the hazards
associated with sea level and groundwater
rise such as erosion, flooding, habitat loss,
contamination, and liquefaction. The needs
assessment will include gaps in data and will
prioritize next steps and projects or studies to
achieve the vision. Coordinate reviews with Parts B
and C to support efficient use of resources.
• Review and build off available studies and
documents from prior activities including the
2015 Baylands Ecosystem Habitat Goals Science
Update, Estuary Blueprint, the Port of Oakland’s
Sea Level Rise Assessment (2019), the City of
Alameda’s Climate Action and Resiliency Plan
(2019), Response of the Shallow Groundwater
Layer and Contaminants to Sea Level Rise (2020),
and additional studies.
• Data Gathering and Document Review (including
but not limited to):
• Equity data gaps / equity considerations
• Sea level rise (coastal), groundwater,
stormwater (precipitation) flooding hazard
layers and vulnerability assessments
• Precipitation changes with climate change
• Sensitive habitats and habitat restoration
efforts
• Sediment flows, erosion, and habitat loss
• Contaminated sites (include engagement
with DTSC and Water Board on changing
regulations for remediation, including re-
evaluation of closed sites)
• Liquefaction (coordinate with USGS on
latest findings and strategies related to
groundwater rise and liquefaction risk)
• Built infrastructure (condition, infrastructure
type, review SFEI’s shoreline typology data)
• Current plans and visions from the Working
Group, partner cities and Port of Oakland/
Oakland Airport.
• Current and planned development projects
and other projects that may impact or
intersect with shoreline adaptation plans
(e.g., City projects, developer interest,
Caltrans plans).
• BAAQMD data on air quality monitoring
• Access including MTC's Bay Trail assessment
data
• Compile GIS base files based on existing data
sets, including assets and vulnerabilities.
• Identify information gaps and finalize GIS base
file and inventory of assets and vulnerabilities.
b. Co-Create Adaptation Vision, Goals + Planning
Principles: Co-create a shared long-term
adaptation vision, including goals and planning
principles for the San Leandro OLU that align with
other local and regional plans.
• Facilitate (2) World Café Style workshops with
Working Group members, Technical Advisors,
Community Partners, including equity leaders
and CBO representatives.
• Review existing conditions data,
opportunities, and constraints
• Establish SLR planning criteria and
adaptation parameters (flood thresholds by
shoreline zone)
• Start to build out a shared vision of the
future (build on what the working group has
developed)
• Co-create adaptation vision, goals, and
planning principles.
• To maximize Working Group participation and
expertise while recognizing time constraints,
consider creating subgroups to move forward
specific goals, such as governance/financing,
regulatory/permitting, nature-based solutions,
equity, etc.
• Finalize SLR adaptation planning criteria,
thresholds and trigger points based on SLR
projections aligned with State and Regional
policy (recognizing that the State is in the
process up updating their SLR policy to align
with the 2022 Federal Interagency SLR Task Force
report.
c. Preliminary Adaptation Pathways + Feasibility
Assessment: Synthesize lessons learned from
case studies around the world, with a focus on
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innovative long-term adaptation plans and
solutions to facilitate necessary transformations
in the San Leandro OLU. Develop preliminary
adaptation pathways and alternatives. Complete
a high-level feasibility assessment of preliminary
adaptation pathways including short and long-
term measures and nature-based solutions in
highly urbanized shorelines.
• Synthesize lessons learned from around the
world. Note that CMG, Pathways, and Moffatt
& Nichol have assembled a wide range of
adaptation strategies and plans from around
the world from our work on the San Francisco
Waterfront Resilience Program and many other
projects.
• Build on existing resources and studies,
identify subzones for adaptive watersheds,
existing shoreline conditions, sea level rise
and groundwater flood risks, watersheds and
stormwater flood risk, surrounding land uses,
potential for nature-based solutions, etc.
• Develop preliminary adaptation pathways and
alternatives for each zone/watershed.
• Develop strategies for inland flood mitigation
and green infrastructure sites.
• Complete a high-level feasibility assessment
of adaptation strategies by subzone to guide
development of the long-term adaptation
plan. The feasibility assessment will include the
following factors:
• Engineering feasibility
• Environmental and regulatory feasibility
• Community and co-benefits
• Ecological and regenerative potential
• Relative cost
• Assumptions: The level of granularity and
number of adaptation alternatives and the
feasibility assessment will be calibrated to
available funding resources.
Task A.3 Deliverables
• Vulnerability and Needs Assessment Summary
Report
• Compiled GIS geodatabase and base maps
using existing data sets including assets and
vulnerabilities
• Adaptation planning subzone designations
• Summary presentation of best practices for long-
term adaptation planning
• Summary of SLR adaptation planning criteria,
thresholds, and trigger points.
• Summary presentation of alternatives and
preliminary adaptation pathways
• Feasibility assessment summary memo.
Task A.4 - Long-term Adaptation Plan
a. Adaptation Prioritization Framework: Facilitate
a process with the Working Group to develop a
prioritization framework with criteria that value the
benefits to fish and wildlife, community, and the
economy. Leverage existing tools and frameworks,
including the San Francisco Bay Shoreline
Adaptation Atlas (Atlas), and the SLR CHARG and
ART frameworks to develop multi-benefit criteria
and identify priority assets and solutions.
• Establish strawman multi-benefit prioritization
framework based on a review of Atlas and ART
Frameworks, and the San Francisco Waterfront
Resilience Program/USACE approach developed
to maximize comprehensive benefits while
meeting community goals.
• Hold Working Group workshop to refine criteria
and establish assessment and prioritization
tool. The prioritization tool, whether an excel
workbook or dashboard, should allow Working
Group members and stakeholders to evaluate
competing priorities, such as an emphasis
on habitat benefits vs. public recreation vs.
economic growth to support transparent
decision making and community messaging.
Pathways collaborated with the City and County
of San Francisco to develop a multi-benefit
criteria framework across 8 overarching goals,
and an associated dashboard to support
decision making.
• Finalize framework and assessment tool based
on workshop outcomes. Beta testing with select
Working Group members and/or Community
Partners may be required depending on the
complexity of the selected tool.
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• Evaluate preliminary adaptation pathways and
alternatives using the prioritization tool.
• Assumption: Evaluation and prioritization of
adaptation pathways and alternatives will be
completed at a high-level with an emphasis on
identification of next steps for further analysis
and evaluation.
b. Implementation Plan: Develop an implementation
plan including critical implementation tasks.
• The implementation plan will include a summary
of next steps for:
• Development of a subregional
organizational/governance structure(s)
• Short-term projects, with a focus on the East
Oakland/Colliseum area.
• Long-term adaption planning
• Scope of Work and Budget for the next
phases of planning and design.
• Provide a high-level overview of major federal,
state, and regional grant funding sources and
matrix them with potential short and long-term
adaptation projects. Summarize the local share
funding mechanisms legally available to each
public entity member of the Working Group
with vulnerable facilities, and matrix those
funding mechanisms to each potential project
component.
c. Long-Term Adaptation Plan: The Long-term
Adaption Plan will detail key steps and actions to
take as the shoreline changes, identifying trigger
points and costs for each of the outlined pathways.
The plan will identify innovative strategies that
enable the San Leandro OLU’s adaptation to rising
seas and provide collective benefits to coastal
communities and wildlife, protect groundwater and
ecosystems, restore marsh, upland, and transitional
habitat, and enable effective shoreline and
wastewater management. Following community
consultations, the CMG team will prepare a final
version of the Long-term Adaptation Plan for
adoption across the San Leandro OLU.
• Compile draft long-term adaptation plan
summarizing and compiling outcomes from tasks
A.1 - 3.
• Compile Draft Review comments and revise plan.
• Issue Draft for Administrative Review
• Revise and Prepare Final Plan for review and
approval.
Task A.4 Deliverables
• Draft Adaption Plan (Working Group Review)
• Administrative Draft
• Final Adaption Plan
• Preparation for and attendance at Council
Hearings
PART B: Oakland-Alameda Estuary
Adaptation Project
Task B.1 Existing Conditions
a. Project Management and Coordination (for the
duration of the project).
• Prepare and update project schedule.
• Prepare and update RACI (Responsibility
Assignment Matrix) to ensure consistent
coordination and appropriate engagement of
Working Group members, Project Partners, and
the Consultant Team.
• Prepare monthly project summary update across
tasks with % completion, identify critical path
tasks, communicate with Project Partners about
potential delays/concerns/successes.
• Manage and coordinate the CMG team and
project delivery.
• Project Management including facilitation of
meetings with Working Group, Technical Advisors
and permitting agencies.
b. Data Collection and Review: Compile and review
all relevant data including.
• Prepare Information Needs Request for Working
Group
• GIS data and files, including topographic
surveys.
• Existing survey information and base files
• Geotechnical investigation data and reports
• Previous studies
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• Environmental reports
• Alameda CARP
• Downtown Oakland Specific Plan
c. Site Visits: Conduct site visits of the project
areas to understand the project approach, and
opportunities and constraints to be considered in
the design. Identify potential locations within the
watershed for green infrastructure, nature-based
solutions, storm water retention/detention, public
access and open space. Identify opportunities for
multi-benefit solutions.
d. Base Maps: Prepare and refine base maps/plans
to fully capture the extent of the project area and
to include any additional information useful to the
project.
e. Existing Conditions Memorandum: The Consultant
Team shall prepare an existing conditions
memorandum documenting site conditions
and identifying additional information needs
including the need for any additional topographic,
bathymetric surveys, or geotechnical field
investigations or borings.
Task B.1 Deliverables
• Project Management: Monthly meeting
leadership including agendas, notes and
schedule and progress updates.
• Base Maps and Plans
• Draft and Final Existing Conditions Memorandum
• Assumptions: Survey and/or geotechnical
borings and reports are excluded from the base
scope. If required, we will work with the City/
Working group during the final project scoping
process to determine the best approach for
provision of these services.
Task B.2 Analysis
a. Develop and Analyze Alternatives: Identify the
types of shoreline protection appropriate for
each project area based on feasibility, project
goals and sea level rise adaptability. This analysis
includes “living levees, ” vegetated berms, sheet
pile walls, concrete walls, or hybrid combinations,
and specifies which options are feasible in
specific locations along the project alignment.
The feasibility analysis will include engineering
and construction feasibility and the ability to
incorporate nature-based solutions. Facilitate
meetings for Community Partners, Working Group
members and other stakeholders to provide input
on and review the alternatives analysis.
• Develop and confirm SLR adaptation planning
criteria, thresholds, and trigger points based
on levels of SLR aligned with state and regional
policy.
• Compile and map assets and vulnerabilities
building on work completed to date.
• Complete high-level review of existing
environmental conditions, habitats, and
biological resources.
• Identify opportunities for nature-based solutions.
• Analysis of public access, Bay Trail configuration,
pedestrian and bicycle circulation, and
open space/recreational opportunities and
constraints.
• Develop adaptation pathways and alternatives
for each shoreline zone and type based on SLR
planning criteria.
• Develop structural/nature-based alternatives
for berm and floodwall types, alignments, and
methods of adaptability.
• Co-develop evaluation criteria based on project
goals and develop multi-benefit prioritization
framework (coordinated with Part A to maximize
consistency across the projects)
• Co-develop a process and methodology to
evaluate alternatives.
• Facilitate evaluation of alternatives and compile
results
• Identify preferred adaptation strategies and
alternative.
• Prepare Order of Magnitude Cost Estimate for
selected for alternatives.
b. Green Infrastructure Alternatives: Develop
green infrastructure alternatives for the project
watershed drainage area and promote multi-
benefit designs to increase community resiliency.
This analysis will develop alternatives within the
watershed to reduce peak discharge rates, reduce
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required storm drain system capital improvements,
and improve water quality.
• Identify and confirm extent of watersheds to
include in study. This proposal assumes that the
study area will be limited to watersheds directly
adjacent to the study area.
• Complete high-level storm drain system and
flood risk analysis and identify opportunities
for green infrastructure alternatives within
designated project area.
c. Conduct 1st Round of Outreach: Refer to Task B.3
d. Structural/nature-based alternatives: This task is
included as part of Task B.2.A
e. Conduct 2nd Round of Outreach: Refer to Task B.3
Task B.2 Deliverables
• Compiled Assets and Vulnerabilities Map
• Biological Resources Summary
• Open Space and Public Access Analysis –
Summary Report
• Storm Drain System/Green Infrastructure
Analysis
• Adaptation Pathways and Alternatives including
nature-based, structural, and hybrid solutions.
• Evaluation Criteria and Alternative Selection
– Matrix
• Order of Magnitude Cost Estimate for Selected
Alternatives.
Task B.2 Public Outreach
a. Develop a community engagement strategy
with Community Partners and Working Group
using a variety of formal and informal community
engagement methods to facilitate grassroots
community input and to build awareness of the
project.
• Engagement Plan and Communications
Strategy: Refer to Task A.2.A
b. Sub Tasks b, c, and d are included below
• Engagement: We expect that the Engagement
Plan will include a combination of:
• Creative/Multigenerational Town Hall
Meetings that incorporate art and culture
along with technical information and
interactive planning games to educate,
inform, explore, and evaluate solutions.
• Pop Up Events (within communities)
• Multilingual Surveys
• As a baseline for planning purposes, we are
assuming the following for each round of
engagement.
• (2) Townhall Style Meetings including online
and in-person events.
• (4) Pop Up Events (within communities)
• Online and Hard-copy Survey Coordination
• In each case we will co-develop the following:
• Agenda and program including creative and
interactive methods of participation and
communication.
• Development of key messages and narrative.
• Identify key questions for the community.
• Technical materials and interactive tools.
• Facilitation of meetings and activities.
• Compilation of key findings and input from
the community.
• Clearly communicate how input is being
used.
• Develop an alternatives selection matrix that
includes public input, and refines the alternatives
based on comments received from the outreach
effort to provide guidance on a draft and final
concept.
Task B.3 Deliverables
• Co-development of Engagement Strategy and
Plan
• Preparation and Coordination of Outreach
Materials
• Co-facilitation of engagement events.
• Alternatives Matrix
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Task B.4 Advisory Committee Meetings
a. Advisory Committee members to represent the
Oakland-Alameda estuary focus area within the
San Leandro OLU will be selected with Consultant
input to ensure a comprehensive approach that
considers a broad perspective and that engages a
variety of stakeholders, including CBOs, agencies
such as Caltrans, utilities, transportation
providers, adjacent property owners, and others.
b. Facilitate up to five Advisory Committee meetings
to ensure transparency and communication at
the following project stages: 1) kick-off, 2) existing
conditions/preliminary alternative options, 3)
preliminary concept, 4) draft concept, and 5) final
concept.
c. Investigate and identify regulatory compliance
requirements and strategies.
Task B.4 Deliverables
• (5) Advisory Committee meeting agendas
• Meeting Minutes, Action Items and Supporting
Documents
• Summary of regulatory compliance requirements
and strategies
Task B.5 Draft and Final Concept
a. Develop a Basis of Design/Next Steps Report
to document necessary information and
specifications required for design including a
shoreline concept, the use of inland detention
facilities, green infrastructure, and nature-based
solutions.
b. Develop 10 percent design drawings, planning
level cost estimates and project schedule. These
documents will be made available for the Advisory
Committee, agency and public review for further
comments and input. Input will be incorporated
into the final concept.
• Prepare Draft 10% design documentation for
review.
• Compile document review comments from
Stakeholders and Technical Advisors.
• Respond to comments and finalize 10% design
documents and Basis of Design Report.
• Prepare Planning Level Cost Estimate
Task B.5 Deliverables
• Draft and Final Basis of Design Report
• Draft and Final 10% Design Documents
• Draft and Final Planning Level Cost Estimate
Task B.6 City Council - Cities of Alameda and Oakland
a. Present the recommended concept to the City
Councils of Oakland and Alameda. Along with
the recommended concept, the City Councils
also will review the other completed deliverables
from this grant effort such as the finalized existing
conditions memo, the alternatives analysis,
the Basis of Design/Next Steps memo and a
summary of community member and stakeholder
involvement and comments. The City Councils will
be asked to weigh in on next steps such as grant
writing, environmental clearance and permitting,
the plans, specifications, and cost estimate and
then construction.
Task B.6 Deliverables
• City Council Agendas, presentations, meeting
minutes with City Council direction. Final
Concept Design Documents (10% design).
PART C: Bay Farm Island Adaptation Project
Task C.2 Existing Conditions
a. Project Management and Coordination
• Prepare and update project schedule.
• Prepare and update RACI (Responsibility
Assignment Matrix) to ensure consistent
coordination and appropriate engagement of
Working Group members, Project Partners, and
the Consultant Team.
• Prepare monthly project summary update across
tasks with % completion, identify critical path
tasks, communicate with Project Partners about
potential delays/concerns/successes.
• Use of SharePoint for collaborative file sharing
between the team and with the Project Partners.
• Prepare Project Charter outlining team goals,
values, and communications.
• Manage and Coordinate the Consultant Team
and project delivery.
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b. Data Collection and Review: Compile and review
all relevant data including.
• Prepare Information Needs Request for Working
Group
• GIS Data and Files
• Existing Survey Information and Base Files
• Geotechnical Investigation Data and Reports
• Groundwater Data
• Previous Studies of Near-Term Improvements
• Environmental Reports
• Alameda CARP
c. Site Visits: Conduct site visits of the project
areas to understand the project approach, and
constraints to be considered in the design. Identify
potential locations within the watershed for green
infrastructure, nature-based solutions, and storm
water retention/detention will be identified and
reviewed. Identify public access and open space
opportunities and constraints and opportunities for
multi-benefit solutions.
d. Base Maps: Prepare and refine Base Maps/Plans
for both the Near-term Northshore Improvements
and the Long-term Adaptation Planning Concepts.
e. Existing Conditions Memorandum: The Consultant
Team shall prepare an existing conditions
memorandum documenting site conditions
and identifying additional information needs
including the need for any additional topographic,
bathymetric surveys, or geotechnical field
investigations or borings.
f. Geotechnical Investigation: The geotechnical
investigation will include file review, review of
historic aerial photography, review of relevant
geotechnical reports and boring data from existing
sources including the EBMUD geotechnical report.
g. Archaeological Investigation for Northern
Waterfront Design: Provide archaeological
monitoring during geotechnical investigations that
extend below Bay Mud to report on existing site
conditions and determine the presence or absence
of buried archaeological resources. Based on
ESA’s knowledge of the area, the project vicinity
is sensitive for buried archaeological resources,
buried below the Bay Mud layer.
h. Cultural Resource Report for Northern Waterfront
Design: Complete a cultural resources assessment
to support compliance with Section 106 of the
National Historic Preservation Act. The assessment
will include a records search at the Northwest
Information Center of the California Historical
Resources Information System to identify previously
recorded cultural resources in the vicinity, a review
of geologic and historic maps, and a request to
the Native American Heritage Commission for
information on known sacred sites in the project
vicinity. ESA will prepare a technical report that
identifies historic properties and meets the
requirements of Section 106 of the National Historic
Preservation Act. Recommendations for additional
work will be provided and could include monitoring
during project implementation and/or actions to
follow in the event of an inadvertent discovery of
cultural materials or human remains.
Task C.2 Deliverables
• Project Charter
• Project Management: Monthly meeting
leadership including agendas, notes and
schedule and progress updates.
• Existing Conditions Memorandum
• Base Maps and Plans
• Geotechnical Report
• Archaeological Investigation Summary
Memorandum
• Cultural Resource Assessment Report
Assumptions:
• Additional surveys and/or geotechnical borings
and reports are excluded from the base scope.
If required, we will work with the City/Working
group during the final project scoping process
to determine the best approach for provision of
these services.
• We assume that no archaeological resources
such as midden soils or artifacts will be identified.
We assume that no built historic resources will
be identified. This assumption is consistent
DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F Alameda Sea Level Rise Adaptation Projects 65
with our understanding of the site’s history
and conditions, and our prior recent cultural
resources records searches that include the
entire project area.
• Archaeological monitoring of geotechnical
investigations (borings) that extend below Bay
Mud will be completed in a one-day effort.
Additional days of monitoring can be provided
for additional scope and fee.
Task C.3 Feasibility Alternatives and Design
a. Feasibility Analysis: Develop project goals,
purpose and needs using a pathways and phased
approach to sea level rise adaptation and assess
options for addressing the needs and potential
costs. Consider groundwater and liquefaction
impacts and options for habitat enhancement
and nature-based solutions such as submerged
aquatic vegetation (eel grass) for wave attenuation
and erosion control as well as other nature- based
solutions. The analysis also includes developing
green infrastructure alternatives for the project
watershed, and options for raising/re-locating a
bike/pedestrian bridge that lands on Veterans
Court.
• Develop and confirm SLR adaptation planning
criteria and trigger points based on levels of SLR
aligned with State and Regional policy.
• Compile and map assets and vulnerabilities
building on work completed to date.
• Complete storm drain system and flood risk
analysis and identify opportunities for green
infrastructure alternatives.
• Refine and develop groundwater flood risk
analysis based on geotechnical considerations
and work completed to date.
• Complete high-level review of existing
environmental conditions, habitat, biological
resources.
• Identify opportunities for nature-based solutions.
• Analysis of public access, Bay Trail configuration,
pedestrian and bicycle circulation, and
open space/recreational opportunities and
constraints.
• Develop adaptation pathways and alternatives
for each shoreline zone and type based on SLR
planning criteria.
b. Analyze Alternatives: to identify the types of
shoreline protection appropriate for each Bay Farm
Island project area based on feasibility, project
goals and sea level rise adaptability. This analysis
includes “living levees, ” green infrastructure,
vegetated berms, sheet pile walls, concrete walls,
or hybrid combinations, and specifies which
options are feasible in specific locations along the
project alignment.
• Co-Develop evaluation criteria based on project
goals and develop multi-benefit prioritization
framework.
• Co-develop a process and methodology to
evaluate alternatives.
• Facilitate evaluation of alternatives.
• Compile results of evaluation.
• Identify preferred adaptation strategies and
alternatives.
c. Community Engagement: Co-develop the
community engagement plan and strategies
with Community Partners, Scientific Advisors
and Working Group. As a first round of outreach,
present existing conditions, and preliminary
alternative options under consideration. As a
second round of outreach, present the preliminary
concepts including both short- and long-
term concepts. Coordinate the two rounds of
community engagement with Parts A and B of this
RFP .
• Engagement Plan and Communications
Strategy: Refer to Task A.2.A
• Engagement: We expect that the Engagement
Plan will include a combination of:
• Creative/Multigenerational Town Hall
Meetings that incorporate art and culture
along with technical information and
interactive planning games to educate,
inform, explore, and evaluate solutions.
• Pop Up Events (within communities)
• Multilingual Surveys
• As a baseline for planning purposes, we are
assuming the following for each round of
engagement.
DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F 66 CMG Landscape Architecture
• (2) Townhall Style Meetings including online
and in-person events.
• (4) Pop Up Events (within communities)
• Online and Hard-copy Survey Coordination
• In each case we will co-develop the following:
• Agenda and program including creative and
interactive methods of participation and
communication.
• Development of key messages and narrative.
• Identify key questions for the community.
• Technical materials and interactive tools.
• Facilitation of meetings and activities.
• Compilation of key findings and input from
the community.
• Clearly communicate how input is being
used.
d. Northern Waterfront Design: Develop basis of
design report, 30 percent design drawings, cost
estimate and project schedule for a short-term
project in the northern waterfront area - including
the shoreline park, the lagoon outfall, and Veterans
Court - that would transition well into a long-term
project. Evaluate structure types and alignments
for the bicycle/pedestrian paths, tie-ins to existing
waterfront path and upgrades of the fishing pier.
Coordinate with permitting agencies, and then
refine plans to include additional details up to 100
percent design drawings in compliance with all
applicable federal, state, and local requirements.
Develop draft and final Benefit Cost Analysis.
Conduct peer review.
• Confirm scope of short-term improvements for
the Northern Waterfront, based on outcomes
from Tasks C.2, C.3 and C.4.
• Prepare a habitat assessment and aquatic
resources delineation to support the project
environmental analysis and regulatory permits.
• Assess the feasibility for nature-based solutions
along the northern shoreline, such as: gravel
beach options to rip rap, vegetated berms,
marsh creation, oyster reef placement and oyster
tiles, enhanced rip rap planting (vegetated
"crown"), and eelgrass enhancement through
planting.
• Develop Basis of Design Report and submit for
review and comment.
• Prepare Draft 30% design documentation for
review.
• Prepare Draft Benefit Cost Analysis
• Compile document review comments from
Stakeholders and Technical Advisors.
• Respond to comments and finalize 30% design
documents and Basis of Design Report
• Prepare Final Benefit Cost Analysis
• Develop an approach to project environmental
review to evaluate compliance with the
California Environmental Quality Act.
• Attend 2 joint agency meetings and 2 meetings
with the City on CEQA approach with two staff.
• Submit 30% design documents to permitting
agencies for review and coordination.
• Prepare draft applications and supporting
documentation for permits and authorizations,
expected to be required from the U.S. Army
Corps of Engineers (USACE), San Francisco
Bay Regional Water Quality Control Board
(RWQCB), San Francisco Bay Conservation and
Development Commission (BCDC), U.S. Fish and
Wildlife Service (USFWS), and National Oceanic
and Atmospheric Administration (NOAA)
Fisheries, commensurate with 30% design.
• Project Management including facilitation of
meetings with Working Group, Technical Advisors
and permitting agencies.
Task C.3 Deliverables
• Feasibility Analysis and Alternatives Report
• Alternatives Analysis Report and Matrix
• Community Engagement Materials
• Concept design for Northern Waterfront (10%
design)
• Draft and Final Basis of Design Report for
Northern Waterfront
DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F Alameda Sea Level Rise Adaptation Projects 67
• Draft and Final 30% Design Documentation for
Northern Waterfront
• Draft and Final Benefit Cost Analysis for Northern
Waterfront
• Permitting Agency Coordination and Draft
Permit Applications (as defined above).
Assumptions:
• The team will advance one or more short-term
projects in the northern waterfront area to
30% design. Depending on the complexity and
scope of the projects the team will coordinate
with the City to determine whether the design
can be advanced beyond the 30% design and
the number and type of early actions selected
for 30% design will be confirmed and may be
adjusted to be achievable within the allocated
budget.
• The project will qualify for a USACE Nationwide
Permit; an Individual Permit will not be required.
An Alternatives Analysis for the RWQCB 401
certification will not be required. The project
will not require formal consultation with USFWS
or NOAA-Fisheries or a 2081(b) Incidental Take
Permit from California Department of Fish and
Wildlife.
• Note: Refined plans to include additional details
up to 100 percent design drawings in compliance
with all applicable federal, state, and local
requirements is not included in the current scope
of work or budget but can be negotiated with the
WG after a preferred option has been identified.
Task C.4 Long-term Concept Development – Bay Farm
Island
a. In conjunction with Part A of this RFP “Long-
term Adaptation Plan, ” Consultant will: (1)
develop long-term adaptation concepts for Bay
Farm Island to address rising bay waters and
groundwater, inclusive of nature- based solutions,
managed retreat, living levees, submerged
aquatic vegetation, and green infrastructure;
(2) identify structure types and alignments for
the bicycle/pedestrian trail system; (3) prepare
concept design drawings and cost estimates; and
(4) prepare Benefit Cost Analysis.
• Refer to Tasks A.1, A.3, and A.4 for a detailed
description of the Long-Range Planning process
and deliverables.
• Based on results of Task A, prepare Draft concept
design drawings
• Prepare Draft Cost Estimate
• Compile document review comments from
Stakeholders and Technical Advisors.
• Respond to comments and finalize concept
design documents.
• Prepare Final Cost Estimate
• Project Management including facilitation of
meetings with Working Group, Technical Advisors
and permitting agencies.
b. EHP and Permitting: Coordinate with permitting
agencies to understand requirements; develop
documentation needed to obtain permits;
perform additional data collection and studies.
Assumptions:
• Based on our review of the scope and grant
schedule we do not believe that it is feasible to
complete EHP Documentation for the entire Bay
Farm Island Project Area. We are proposing to
complete EHP Documentation for the Northern
Waterfront Design scope as identified above and
as required to initiate the permitting process.
• The environmental and cultural resources
assessments and permitting in the prior tasks
will largely address the FEMA EHP requirements.
This scope includes preparation of initial FEMA
consultations and approach.
Task C.4 Deliverables
• Draft and Final Concept Design Documents
• Draft and Final Planning Level Cost Estimate
Assumptions:
• We anticipate that the scope of the Concept
Design Documents will need to be developed
based on the Results of Part A Long-Term
Planning, as there will likely be multiple
pathways/projects based on different SLR
scenarios and advancing multiple adaptation
projects based on different scenarios is not likely
to be feasible with available funding.
DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F Alameda Sea Level Rise Adaptation Projects 6968 CMG Landscape Architecture Proposed Project Schedule
Sep
2023
Dec
2023
Mar
2024
June
2024
Sep
2024
Dec
2024
Mar
2025
June
2025
Sep
2025
Project A: Long-Term Adaptation Plan
Project Initiation: Existing Conditions Analysis
Vulnerability + Needs Assessment
Vision, Goals + Planning Principles
Sub Regional Organizational Structure
Adaptation Pathways + Feasibility Assessment
Long-term Adaptation Plan
Public Outreach + Council Hearings
jh
Project B: Oakland-Alameda Estuary Adaptation
Existing Conditions
Analysis
Draft + Final Concept
Public Outreach
Advisory Committee Meetings
City Council - Cities of Alameda + Oakland
jh
Project C: Bay Farm Island Adaptation
Existing Conditions
Feasibility Alternatives + Design
Analyze Alternatives
Long-term Concept Development
Public Outreach
Northern Waterfront Design
Permitting Agency Review + Coordination
jh
Org. Structure - Research - Interviews Draft Org. Structure Org. Structure Update Final Recommendations Project Initiation
Vulnerability + Needs Assessment
Goals + Planning Principles
Adaptation Pathways + Feasibility Assessment
Draft Long-Term Adaptation Plan Final Long-Term Adaptation Plan Engagement Strategy Engagement Round 1 Engagement Round 2 Council Hearings Existing Conditions
Analysis - Alternatives Development
Strategy Round 1 Round 2
Draft Concept Final Concept
Council
Existing Conditions
Feasibility Alternatives + Design
Analyze Alternatives
Draft Long-term Concept Development Final Long-term Concept Development Engagement Round 2Engagement Round 1Strategy
Initiate Review
Draft 30% Design Final 30% Design
Permitting Coordination
Grant Deadline
2.28.2025
Grant Deadline
9.29.2025
Grant Deadline
10.31.2025
DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F Exhibit B: Compensation Schedule
CMG Pathways ESA M&N S&W NHA EM Expenses
Prime Consultant
Adaptation Planning
Lead
Ecology - Permitting
& Regulatory Lead
SLR Adaptation-
Coastal Engineering Civil Engineer
Governance &
Funding
Geotechnical
Engineering
Project A - Long-term Adaptation Plan Scope of Work (EPA federal funding) Fee Total % A1 Project Coordination, Governance and Regional Agency Liaising $169,083 28% $50,000 $79,105 $9,478 $5,500 $20,000 $5,000 A2 Public and Stakeholder Outreach (in coordination with projects in Parts B and C) $87,520 15% $45,000 $18,120 $4,400 $10,000 $5,000 $ 5,000 A3 OLU Planning and Implementation $222,259 37% $45,000 $70,000 $32,784 $53,500 $2,500 $5,000 $8,475 $5,000 A4 Long-term Adaptation Plan $116,138 20% $35,000 $40,000 $14,238 $4,400 $12,500 $5,000 $5,000 Part A Fees $595,000 $175,000 $207,225 $56,500 $67,800 $25,000 $35,000 $8,475 $20,000 Project B - Oakland-Alameda Estuary Adaptation Project (Caltrans Funding) Fee Total % B1 Existing Conditions $55,354 14% $12,500 $1,960 $4,794 $28,600 $5,000 $2,500 B2 Analysis $121,060 31% $20,000 $22,870 $15,690 $35,000 $20,000 $5,000 $2,500 B3 Public Outreach $26,600 7% $15,000 $5,100 $4,000 $2,500 B4 Advisory Committee Meetings $36,830 9% $7,500 $7,900 $10,230 $2,200 $4,000 $2,500 $2,500 B5 Draft and Final Concept $125,384 32% $56,972 $4,100 $2,912 $20,900 $8,000 $5,000 $25,000 $2,500 B6 City Council - Cities of Alameda and Oakland $25,772 7% $7,500 $1,960 $2,212 $6,600 $5,000 $0 $2,500 Part B Fees $391,000 $119,472 $43,890 $35,838 $93,300 $46,000 $12,500 $25,000 $15,000 Project C - Bay Farm Island Adaptation Project Scope of Work (FEMA federal funding) Fee Total % C2 Existing Conditions $401,626 24% $130,960 $9,490 $33,876 $91,300 $75,000 $56,000 $5,000 C3 Feasibility Alternatives and Design $770,644 46% $223,600 $33,395 $65,649 $308,000 $100,000 $10,000 $20,000 $10,000 C4 Long-term Concept Development – Bay Farm Island $503,730 30% $145,639 $68,425 $24,866 $104,500 $140,000 $7,500 $7,800 $5,000 Part C Fees $1,676,000 $500,199 $111,310 $124,391 $503,800 $315,000 $17,500 $83,800 $20,000 Total Fees $2,662,000 $794,671 $362,425 $216,729 $664,900 $386,000 $65,000 $117,275 $55,000 Expense Budget Allocations include:
General reimbursable expenses including local travel, printing and reprographics, etc.
Alt. Tagging Services for ADA accessible Online Deliverables A baseline allocaiton for Translation Services
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INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
7/28/2023
Risk Strategies Company
2040 Main Street, Suite 450
Irvine, CA 92614
949-242-9240
www.risk-strategies.com CA DOI License No. 0F06675 The Hanover American Insurance Company 36064 Berkley Insurance Company 32603
A 2,000,000OZ3D617755 6/26/2023 6/26/2024
1,000,000
✓
10,000
✓
2,000,000
4,000,000
4,000,000✓
A OZ3D617755 6/26/2023 6/26/2024 2,000,000
✓ ✓
A OZ3D617755 6/26/2023 6/26/2024 5,000,000✓✓
5,000,000
✓ 0
A WZ3H661249 7/1/2023 7/1/2024 ✓
1,000,000
1,000,000
1,000,000
B Professional Liability AEC906787601 6/26/2023 6/26/2024 Per Claim: $2,000,000 Aggregate: $4,000,000
RSC Insurance Brokerage
Risk Strategies Company
[email protected]
Conger Moss Guillard, Inc.
dba CMG Landscape Architecture
444 Bryant St.
San Francisco CA 94107
75515148
✓ ✓
✓
City of Alameda, its City Council, boards & commissions, officials, employees, agents & volunteers are named as additional insured and work comp policies-see attached endorsements.
City of Alameda
2263 Santa Clara Ave.
Alameda CA 94501
Projects as on file with the insured.
and primary/non-contributory clause applies to the general liability policy and a waiver of subrogation applies to the general liability 30-day notice for non-renewal and cancellation, 10-day notice for non-payment of premium applies. 75515148 | 23-24 GL-HNOA-UL-WC-PL | Sherry Young | 7/28/2023 11:27:29 AM (PST) | Page 1 of 4 DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail.
Architects and Engineers
The following policy language is from Businessowners General Liability Coverage Part N
AMED INSURED: POLICY NUMBER:
The following are mandatory forms on the policy identified on the Certificate of Insurance:
391-1586 (08-16) BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT Additional Insured by Contract, Agreement or Permit
A. Section II – Liabil
ity, C – Who is an insured is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit but only respect to liability for “bodily injury”, “property damage” or “pe
rsonal and advertising injury” caused, in whole or in part, by your acts or omissions; or the acts or omissions of those acting on your be
half, but only with respect to:
(i) “Your w
ork” for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "prope
rty damage" included in the "products - completed operations hazard" only if this Coverage Part provides su
ch coverage;
(ii)
Premises you own, rent, lease, or occupy; or
(iii) Your maintenance, operation or use of equipment leased to you. *Definition: “Your w ork” a. Means: (1) Work or operations performed by you or on behalf; and (2) materials, parts or equipment furnished in
connection with such work or operations; b. Includes (1) warranties or representations made at any time with respe
ct to the fitness, quality, durability, performance or use of “your work”; and (2) the providing of or failure to provide warnings or instructions.
This p
rovision does not apply:
(1) Unle
ss the written contract or written agreement has been executed or permit has been issued prio r to the "bodily Injury
”, “property damage”, “personal injury” or “advertising injury". (2) T
o any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part.
(3) T
o any lessor of equipment (a) A fter the equipment lease expires; or (b) If the "bodily Injury", "property damag e", "person
al injury" or "advertising Injury'' arises out of sole negligence of the lessor. (4) To any: (a
) Owners or other Interests from whom land has been leased which takes place after the lease for the land expire
s; or (b) Managers or lessors of premises if: (i) The occurrence take s place after you cease to be a tenant in that premi
ses; or (ii) The “bodily injury”, “property damage”, “personal injury” or "advertising injury” arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) T
o “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any professional services.
This
exclusion applies even if the claims against any insured a llege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "o ccurrence" which caused the " bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved t he rendering of or failure to render any professional services by or for you.
Other Insurance Primary & Non-Contributory
The following paragraph is added to SECTION III – COMMON POLICY CONDITIONS, H – Other Insurance: Additional Insured – Primar
y and Non-Contributory. If you agree in a written contract, written agreement or permit that the insurance provided to any person o
r organization included as an Additional Insured under SECTION II – Liability, C. Who is an Insured is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered un
der SECTION II – LIABILITY of this Coverage Part, our obligations are limited as follows:
(1) Primar
y Insurance: This insurance is primary to other insurance that is available to the Additional Insured whic h covers the Additiona
l Insured as a Named Insured. We will not s eek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primar y, our obligation
s are not affected unless any of the other insurance is also primary. (2) Excess Insu
rance:
(a) T
his insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is Fire, Extended Co
verage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire in
surance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner;
Conger Moss Guillard, Inc. OZ3D617755
75515148 | 23-24 GL-HNOA-UL-WC-PL | Sherry Young | 7/28/2023 11:27:29 AM (PST) | Page 2 of 4 DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail. (iii) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or
(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II - LIABILITY. B. Exclusions, 1. Applicable to Business Liability Coverage. (v) That is insurance available to you for your participation in any past or present "unnamed joint venture". (vi) That is any insurance you may have that provides coverage for your professional services. (b) When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (c) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(i) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (ii) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part.
(3) Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
Per Project Aggregate
The following changes are made to SECTION II - LIABILITY:
1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4:
The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations.
2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions:
1. "Your project" means:
a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations.
2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the fir st Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or “suit” is brought.
Waiver Of Subrogation
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard”. This waiver applies only to the person or organization where required by written contract.
Notice Of Cancellation
For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 30 Days.
AUTHORIZED REPRESENTATIVE
*From Hanover Forms: 391-1003 (08/16); 391-1445 (08/16); 391-1586 (08/16), 391-1003 (08/16) 75515148 | 23-24 GL-HNOA-UL-WC-PL | Sherry Young | 7/28/2023 11:27:29 AM (PST) | Page 3 of 4 DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F WORK
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Conger Moss Guillard, Inc.
WZ3H661249
7/1/2023
dba CMG Landscape Architecture
The Hanover American Insurance Company
75515148 | 23-24 GL-HNOA-UL-WC-PL | Sherry Young | 7/28/2023 11:27:29 AM (PST) | Page 4 of 4 DocuSign Envelope ID: EF74E053-A516-48A9-B94E-38238A60B78F