teams, formulated well thought-out approaches to the project, and showed ample technical expertise from past projects. The proposals were evaluated based on the published criteria and scoring in the RFP. The table below shows the proposals and how they were evaluated.
Contractor Proposed
Cost
Project
Approach and
Understanding
(30 points)
Demonstrated
Technical
Experience
(30 points)
Experience
with Similar
Projects
(20 points)
Experience with
Managing
Similar Projects
(20 points)
Total
Score
CSW ST2 $1,170,248 25 30 20 20 95
Wong Logan
Architects
$627,638 25 25 20 15 85
Marjang
Architecture
$1,201,992 25 25 15 15 80
Gutierrez &
Associates
$712,500 20 20 15 15 70
The proposal with the top score, CSW ST2, had a proposed cost that was outside of the project budget. The proposal that scored the highest and had a proposed cost within the project budget came from Wong Logan Architects. As a result, City staff entered into negotiations with Wong Logan Architects and thereafter notified the other proposers.
Staff recommend executing a Professional Services Contract with Wong Logan Architects with a termination date of December 31, 2029, to ensure that the consultant provides full support during the design, bidding, and construction phases of the Project.
An additional contingency has been added to the City Manager’s authorization should the project encounter unforeseen circumstances during the course of design and/or construction.
FISCAL IMPACT
The Wong Logan Architects Contract is in the amount of $659,031 and funding for the project is available in Project No. 15475010 with the General Capital Fund 475 and Major Maintenance Fund 650. Staff recommends that the City Manager be authorized to increase the contract amount by an additional amount up to $98,855, or 15% of the contract amount, for as-needed contingency to cover unforeseen circumstances during the design and construction of the Project.
The City was awarded $2 million from the U.S. Department of Housing and Urban Development (HUD) Community Project Funding in Fiscal Year 2022. The Project will appropriate grant awards from Fund 254 to Project No. 15475010 for applicable costs associated with the Corporation Yard design and permitting.
STAFF COMMUNICATION WITH THE PUBLIC
There was no communication with the public about this item.
Professional Services Contract with Wong Logan Architects City Council Meeting | June 16, 2026
CONCLUSION
Staff recommends that the City Council adopt the above-entitled resolution.
PREPARED BY: Jeff Jelsma, Management Analyst, Public Works
ATTACHMENTS
▪ Attachment 1 – RFP for Professional Design Services for Horton Street Corporation Yard Project
▪ Draft Resolution
o Exhibit A – Professional Services Contract with Wong Logan Architects o Exhibit B – HUD Grant Agreement
CALIFORNIA
REV04/2025 Page 1 of 9
Request for Proposals
FOR
PROFESSIONAL DESIGN SERVICES
HORTON STREET CORPORATION YARD PROJECT
DEADLINE FOR SUBMISSION: JUNE 26, 2025 BY 5:00 PM.
PROJECT CONTACT INFORMATION:
Alice Robinson, PE
EKI Environment & Water, Inc.
2001 Junipero Serra Blvd., Suite 300
Daly City, California 94014
[email protected]
City of Emeryville | Request for Proposals / Qualifications REV04/2025
1. INTRODUCTION
The City of Emeryville (“City”) is seeking a qualified Architecture and/or Civil Engineering Design Firm (“Consultant”) to provide project management, Plans, Specifications, and Estimates (PS&E), and bidding phase and construction support services for the Horton Street Corporation Yard Project (“Project”).
The City invites proposals from qualified firms to provide services, as set forth in this Request for Proposals (“RFP”). Firms submitting proposals must be prepared to immediately enter into a Professional Services Contract (“Contract”) for the services described in this RFP and must be available to the City until project completion.
The ideal Consultant shall be a firm who is knowledgeable in design and construction of Corporation Yard Projects within an urban environment, experience with pre-fabricated buildings with sub-slab vapor control systems, and experience working on sites with contamination. The primary tasks to be completed are the scoping and design of a warehouse building with offices and elements of the outdoor corporation yard area including utility design and coordination. Experience designing external Corporation Yard use areas is also desirable. Experience with construction staging on a site with ongoing remediation activities is desirable. In addition, the Consultant must have an understanding of regulatory and environmental permitting as it relates to public building projects.
The City of Emeryville (City) is seeking proposals from qualified consultant teams to provide professional services for:
- Condition and needs assessment,
- Preliminary design, and
- Detailed design leading to a bid-ready set of plans, specifications, and estimate (PS&E) for the development and improvement of a corporation yard.
The Consultant team shall be responsible for formatting the Construction Plans and Specifications for bid and shall include licensed Architects/Civil Engineers who can provide engineering support during the design and approvals for the project.
Consultant must also have a strong project management experience and documented system for management of schedule, deliverables, reviews, reports, and QA/QC documentation.
The City requires that the Project Manager have a minimum of 10 years’ experience in similar projects.
2. BACKGROUND
The City of Emeryville is planning the development of a new Corporation Yard facility on the former Marchant/Whitney property at 5679 Horton Street. The site is currently undergoing an environmental remediation project due to legacy soil and groundwater contamination from previous industrial uses. This cleanup effort is being conducted City of Emeryville | Request for Proposals / Qualifications REV04/2025
under the oversight of the California Environmental Protection Agency’s Department of Toxic Substances Control (DTSC).
Environmental Remediation Summary
The first phase of remediation, now nearing completion, involved excavating contaminated soil across the property to depths of 5 to 10 feet and backfilling with clean, imported fill. The second phase will focus on the extraction and treatment of soil and soil vapor through Multi-Phase Extraction (MPE), as well as in-situ thermal treatment (ISTT) of volatile organic compounds in soil and groundwater.
To support the transition between these phases, site grading, paving, and installation of C3-compliant stormwater management facilities are underway. A new structure will also be constructed to house the MPE system. As part of this construction, the City is requiring that associated landscaping and site features comply with its planning and design standards.
Corporation Yard Project Timeline and Scope
Construction of the Corporation Yard is anticipated to begin once the ISTT remediation phase is completed, approximately two years from now.
The planning and design scope for the Corporation Yard will include:
Specification of a pre-fabricated building to accommodate City equipment, materials, and operations.
Office space designed to accommodate approximately five staff members. Building aesthetics (style and color) that complement the MPE system building on-site.
Design of electrical, plumbing, and HVAC systems.
Structural design of the facility.
Site layout for outdoor storage, parking, and electric vehicle (EV) charging stations.
3. PROPOSAL
The successful consultant must represent the following experience and training in the response to this RFP:
A) Extensive experience (10 + Years) with public projects.
B) Architectural/Civil Engineering design experience on Corporation Yards.
C) Past experience with Corporation Yard electrical, structural, mechanical and other utilities design to support development of biddable plans and specifications.
D) Experience with public outreach and project management overview presentations at project-specific meetings, committees, commissions, and City Council’s.
An example list of tasks to include in the proposal is described below. The City expects the Proposals to include at minimum these base tasks with subtasks expanded with City of Emeryville | Request for Proposals / Qualifications REV04/2025
much more detail. The City is open to additional tasks and re-organization of tasks for the Contract.
Task #1 – Project Management
The City seeks a Consultant with experience managing a City Capital Improvement Project from start to finish, the design of a City project, experience filing permits with appropriate agencies as needed, and strong Project Management skills. Project Manager needs to set up agendas and moderate meetings between all stakeholders and lead discussions at public meetings. Tasks shall include maintaining Microsoft Project Critical Path Method (CPM) schedule and other PM specific tasks that are necessary to coordinate tasks/deliverables assuring timely delivery of the Project on budget.
Task #2 – Preliminary Corporation Yard Building Design Phase Consultant team shall:
- Evaluate current and future space, equipment, and operational needs. - Develop conceptual layouts, preliminary designs, and alternate scenarios. - Facilitate up to three design workshops with City Staff. - Coordinate with planning department related to project approval. - Prepare a rough order of magnitude (ROM) construction cost estimate. - Propose a project implementation timeline.
- Complete a geotechnical analysis of the site to support foundation design. - Complete a topographic and boundary survey of the site.
Note that there are elements of these tasks that have been addressed through the environmental remediation process (geotechnical analysis and survey). The information and data will be made available for use in the Corporation Yard design process.
Task #3 – Preliminary Plan and CEQA Approval
Consultant team shall:
- Develop a refined site plan based upon the preferred alternative. The plan shall include floor plan of the main building, building elevations, renderings, materials board, and systems to operate the corporation yard. This work will incorporate some elements completed as part of the environmental remediation process. - Support the City’s Planning Department in preparing a project descriptions for review under the California Environmental Quality Act (CEQA).
- Support staff In securing design approval.
Task #4 – Design Phase
Consultant team shall:
City of Emeryville | Request for Proposals / Qualifications REV04/2025
- Develop the final architectural, structural, landscape, civil, mechanical, and electrical design for the facility.
- Confirm that water and electrical service at the site are acceptable for the use. - Support staff in securing a building permit for the site. - Prepare a complete set of bid-ready plans, specifications, and estimate.
Task #5 – Bidding and Construction Support
Consultant team shall provide bidding and construction support services.
4. SCHEDULE AND SUBMITTAL REQUIREMENTS
4.1 Schedule
• RFP Issued: June 4th, 2025
• Deadline for RFP Questions: June 19, 2025
• Responses Due: June 26, 2025
• Evaluation Panel Selection/Interviews: Week of July 7, 2025 • Contract Award: September 7, 2025
• Contract Execution: September 14 ,2025
• Notice to Proceed: September 15, 2025
The City reserves the right to adjust the above schedule as necessary.
4.2 Submittal Contents and Format
Proposals in response to this RFP must meet the specifications set forth herein.
Proposals must be clear and succinct. Only those Consultants providing complete information as required will be considered for evaluation. Any major deviation from these specifications will be cause for rejection of the submittal at the City’s sole discretion. Nevertheless, the City reserves the right to waive any irregularities as to any submittal. The ability to follow these instructions demonstrates attention to detail.
The content and sequence of submittals are to be as follows:
A. Cover Letter
The Cover Letter must include the following:
a. Project title
b. Name and address of the entity submitting the proposal c. Date entity was established
d. Name(s) of the person(s) authorized to represent the Consultant in any negotiations e. Name(s) of the person(s) authorized to sign any contract that may result f. Contact person’s name, mailing or street addresses, phone and email address g. Original signature of person listed in section (e) above.
City of Emeryville | Request for Proposals / Qualifications REV04/2025
Submission of the letter will constitute a representation by your team/firm that your team is willing and able to perform the commitments contained in the proposal, including the timeframes outlined.
B. Team/Firm Qualifications Summary
A brief synopsis of the team and qualifications should be presented which summarizes the key benefits of their team submittal to the City. This includes a short narrative describing the respondent’s understanding of the Project and their overall vision for the successful completion of the Project. The summary should also address the consultant’s qualifications, why the Consultant feels that their team is the most qualified for the project. and why their services are superior to the competitors.
The Consultant and/or team must have experience with projects similar to this scope of work. Provide a brief description of your firm and any identified subconsultants, as well as how any joint venture or association would be structured. Identify the Consultant’s and/or team’s experience with similar projects.
C. Project Approach
The Consultants’ understanding and approach to the Project is an important aspect of the RFP process. The Consultants should provide a clear and concise understanding of the Project based on the information given as well as Project goals and requirements.
For each work task, the Consultant shall:
a. Describe each work task or activity needed and the final products resulting from that task
b. Describe which team members will lead each work task c. Describe how input/review from the City will be incorporated into the schedule d. Describe how coordination with the stakeholder entities will be incorporated into the schedule
e. Describe the time frame estimated to complete each task, with estimated hours for each member of the team
f. Describe the team’s QA/QC plan for the Project
D. Project Team
Identify key personnel and their specific project roles.
Provide the following additional information for the individuals listed above, including any identified subconsultants.
a. Experience with similar or related projects of this size and scope which have been constructed
b. Group experience and work performed on similar or related projects of this size and scope.
c. Experience working with the City of Emeryville or similar jurisdiction on similar projects.
City of Emeryville | Request for Proposals / Qualifications REV04/2025
d. Written assurance that the key individuals listed and identified will be performing the work and not be substituted with other personnel or reassigned to another project without City’s approval
E. Exhibit C Cost Proposal
Cost Proposal should be submitted in a sealed envelope. In this sealed envelope, the City will be looking for a detailed cost and price proposal.
The cost proposal summary table should include a detailed itemized cost break-down for each project task and sub-task.
Cost proposals shall, as a minimum, show all anticipated Prime and Subconsultant costs by Task and Subtask, including personnel by classification, expected hours, and hourly rates.
SUBMITTAL FORMAT
The proposer shall submit four (4) hard copies of the proposal and deliver to:
ATTN: Mike Robers (PW), 1333 Park Avenue, Emeryville, CA 94608 The proposer shall also submit a PDF sent to [email protected]. If file is too big for email (over 20MB), please upload online and provide link, or submit on USB drive along with hard copies. Digital Signatures will be accepted.
5. EVALUATION OF SUBMITTALS
5.1 Selection Process Generally
The City intends to make a selection based on the qualifications submitted, any interviews, or other information as requested. The respondent selected will be chosen based on the qualifications on similar projects and ability to meet the overall objectives and schedule of the City. The City has the right to reject any or all submittals, as well as to waive any irregularities as to any submittals to this RFP.
5.2 Evaluation Criteria and Scoring
Each team’s submittal shall be evaluated on the following evaluation criteria, weighting and maximum points, as follows:
Criteria and Maximum Scores:
1. Project Approach and Understanding – 30 pts
2. Demonstrated Technical Experience – 30 pts
3. Firm’s Experience with similar projects – 20 pts
4. Firm’s Experience with managing similar projects – 20 pts Total Points Available: 100 pts
City of Emeryville | Request for Proposals / Qualifications REV04/2025
6. GENERAL TERMS AND CONDITIONS
6.1 Errors and Omissions
Consultants are responsible for reviewing all portions of this Request. Consultants are to promptly notify the City, in writing, if the firm discovers any ambiguity, discrepancy, omission or other error in this request. Any such notification should be directed to the City staff contact person listed on the cover page promptly after discovery, but in no event, later than five (5) working days prior to the date for receipt of submittals.
6.2 Additional Questions
Any questions regarding this request must be submitted in writing to the City staff contact person listed on the cover page at least TEN (10) WORKING DAYS prior to the submittal deadline. The City may share the question(s) and its response(s) with all known consultants who are considering a response to this request.
6.3 Addendum
The City may revise this request prior to the submittal deadline. The City will communicate modifications to this request by issuing an addendum. The City may extend the submittal deadline in its sole discretion.
6.4 Additional Information
In the City’s sole discretion, it may contact any, all or no consultant to seek additional information about a submittal. Such additional information may include requesting that the consultant meet with the selection committee, financial information, clarification on the submittal, etc.
6.5 No Contract
This request and the selection process shall in no way be deemed to create a binding contract, agreement or offer of any kind between the City and submitting consultant. If the City selects a consultant(s) pursuant to this request, any legal rights and obligations between the successful firms, if any, and the City will come into existence only when a written contract is fully executed by the parties, and the legal rights and obligations of each party shall at that time be only those rights and obligations which are set forth in the contract and any other documents specifically referred to in that contract.
6.6 No Costs to City
Each consultant submitting a response to this request agrees that it shall bear all costs and expenses associated with the preparation of the submittal, and the City shall not be responsible for any costs or expenses incurred by the consultant, under any circumstances.
6.7 Public Records
All submittals become the property of the City, regardless of whether the City enters into a contract with the consultant, and no submittals will be returned to a consultant. In City of Emeryville | Request for Proposals / Qualifications REV04/2025
accordance with California law relating to access to public records, the City may be required to publicly disclose all submitted information and materials to third parties requesting such information. At the City’s sole discretion, it may delay disclosure of submittals until negotiations with the selected consultant(s) has concluded, if such disclosure would compromise the City’s negotiating position. If the submitting consultant claims that any submitted information constitutes a trade secret or is proprietary, the bidder shall identify the trade secret or proprietary information in the submittal. Pricing is not considered a trade secret or proprietary information.
6.8 Award
This request does not commit the City to award a contract. The City reserves the right to accept or reject any or all submittals, to negotiate a different proposal, to split the award, to waive irregularities, and technicalities, to alter the selection process in any way, to postpone the selection process for its own convenience at any time for any reason , to waive any defects or irregularities in any submittal, to issue a new Request at any time, or to hire any consultant it deems appropriate in its sole and absolute discretion within or outside of the evaluation process.
6.9 Federal, State and Local Laws
Any consultant executing a contract with the City will be required to comply with all applicable federal, state and local laws, including without limitation state Prevailing Wage Law (Cal. Labor Code, § 1720, et seq.) and the City of Emeryville’s Minimum Wage, Paid Sick Leave, and Other Employment Standards (Emeryville Municipal Code Chapter 37) and Living Wage Ordinance (Emeryville Municipal Code Chapter 31), as applicable.
6.10 City Contract
A sample of the standard City professional services contract is attached as Attachment 1 for reference. By submitting a response to this request, the consultant represents that it is willing and able to execute the City’s standard professional services contract, including but not limited to, the applicable insurance requirements.
7. ATTACHMENTS:
Attachment 1 - Professional Services Contract
Exhibit B – Insurance Requirements
Attachment 2 – Grading Plans 5679 Horton Street
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $659,031 WITH WONG LOGAN ARCHITECTS; AND AUTHORIZING THE CITY MANAGER TO INCREASE THE CONTRACT AMOUNT BY AN ADDITIONAL AMOUNT UP TO $98,855 FOR ASNEEDED CONTINGENCY FOR PROFESSIONAL DESIGN CONSULTANT SERVICES FOR THE HORTON STREET CORPORATION YARD PROJECT, CIP CF-05 (PROJECT NO. 15475010)
WHEREAS, on June 4, 2025, the Public Works Department issued a Request for Proposals (RFP) for Professional Design Services for the Horton Street Corporation Yard Project (Project); and
WHEREAS, on June 26, 2025, the City received proposals from four consultant teams; and
WHEREAS, City staff has determined that specialized knowledge, skills, and training are necessary to render the services necessary to do the work required; and WHEREAS, City staff determined that Wong Logan Architects is the most qualified proposer due to training and experience, in addition to the proposed project approach and understanding of the City’s needs; and
WHEREAS, City staff recommends executing a Professional Services Contract with Wong Logan Architects with a termination date of December 31, 2029, in order to ensure that the consultant provides full support during the design, bidding, and construction phases for the Project; and
WHEREAS, the Contractor desires to provide such services for an amount of $659,031; and
WHEREAS, staff further recommends that the City Manager be authorized to increase the contract amount by an additional amount up to $98,855, or 15% of the contract amount, for as-needed contingency to cover unforeseen circumstances during the design and construction of the Project; and
WHEREAS, the public interest will be served by this Professional Services Contract; and WHEREAS, adequate funds are available in General Capital Fund 475 and Major Maintenance Fund 650 for Project No. 15475010; and,
WHEREAS, funds in the amount of $2 million were awarded to the City of Emeryville for the Horton Street Corporation Yard Design from the U.S. Department of Housing and Urban Development Community Project Funding FY22 awards; now, therefore, be it Resolution No. _____
PSC with Wong Logan Architects
City Council Meeting | June 16, 2026
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a Professional Services Contract with Wong Logan Architects in the form attached hereto for an amount of $659,031; and, be it, further RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to increase the contract amount by an additional amount up to $98,855 for asneeded contingency to cover unforeseen circumstances during the design and construction of the Project; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that $2 million shall be appropriated from Fund 254 to Project No. 15475010.
ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held June 16, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
▪ Exhibit A – Professional Services Contract with Wong Logan Architects ▪ Exhibit B – HUD Grant Agreement
CALIFORNIA
PROFESSIONAL SERVICES CONTRACT
FOR CITY USE ONLY
Contract No. CIP No.
Resolution No. Project No. REV12/2025
THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WONG LOGAN ARCHITECTS (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
WITNESSETH THAT
WHEREAS, the City desires to engage Contractor for Public Works Corporation Yard at 5679 Horton Street; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.
1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern.
1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on DECEMBER 31, 2029. The Parties may, by mutual, written consent, extend the term of this Contract.
City of Emeryville | Professional Services Contract REV12/2025
2. WORK CHANGES
2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.
2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.
2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.
3. COMPENSATION AND METHOD OF PAYMENT
3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.
3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed SIX HUNDRED AND
FIFTY-NINE THOUSAND AND THIRTY-ONE DOLLARS AND NO CENTS ($659,031.00), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
City of Emeryville | Professional Services Contract REV12/2025
4. COVENANTS OF CONTRACTOR
4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.
4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of
City of Emeryville | Professional Services Contract REV12/2025
employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.
4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
4.5 Records, Reports and Audits
4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.
4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.
4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.
City of Emeryville | Professional Services Contract REV12/2025
4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.
4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.
All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
4.10 Key Personnel
All of the individuals listed in Exhibit A are necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
City of Emeryville | Professional Services Contract REV12/2025
4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.
4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.
4.13 City Labor Requirements
4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is ; required /
not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and
City of Emeryville | Professional Services Contract REV12/2025
compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $19.08 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4.14 California Labor Requirements
Contractor is aware of the requirements of California Labor Code Section 1720 et seq. and corresponding regulations, which require the payment of prevailing wage rates and the performance of other requirements on “public works” projects (“Prevailing Wage Laws”). If the Services constitute “public works” under Labor Code Section 1720 et seq. and any corresponding regulations, Contractor agrees to fully comply with all applicable Prevailing Wage Laws, including, but not limited to, the payment of prevailing wages if the Services exceed $1,000 and the requirements set forth in this Section. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all applicable California Labor Code provisions, which include, but are not limited to, prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). Contractor must post all job site notices required by laws and regulations pursuant to Labor Code Section 1771.4.
4.14.1 Registration
Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing Services subject to Prevailing Wage Laws must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain
City of Emeryville | Professional Services Contract REV12/2025
registration for the duration of the Contract and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
4.14.2 Prevailing Wages
Each worker performing Services under this Contract that is covered under Labor Code Section 1720, 1720.3, or 1720.9, must be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR.
Pursuant to Labor Code Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
4.14.3 Legal Day’s Work
Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code Section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815.
4.14.4 Certified Payroll
Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1771.4, 1776, and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811, and 1815. Unless the Contract is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, or to the Division of Apprenticeship Standards of the DIR, as further specified in Labor Code Section 1776.
4.14.5 Apprentices
If the Contract is for $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5.
City of Emeryville | Professional Services Contract REV12/2025
4.14.6 Labor Compliance Oversight
This Contract is subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
4.14.7 Workers’ Compensation
Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of compensation to his or her employees in accordance with the provisions of Section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
4.14.8 Event of Default
Failure by Contractor to comply with any provision of this Section, if applicable, shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.
5. TERMINATION
5.1 Termination for Convenience.
The City may terminate this Contract for convenience, in whole or in part, at any time, by providing at least five (5) calendar days prior written notice to Contractor. The notice of termination may include the effective date of termination and instructions for submitting all Materials (as defined in Section 4.12) to the City. If City elects to terminate the Contract for convenience, it will pay Contractor only for Services that City determines have been fully and satisfactorily provided up to the effective date of termination.
5.2 Termination for Cause.
If Contractor fails to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Contract, the City may declare that Contractor is in default and terminate the Contract for cause, in whole or in part, by providing at least five (5) calendar days prior written notice to Contractor. The City may, in its sole discretion, provide Contractor an opportunity to cure the default within a specified period of time. If
City of Emeryville | Professional Services Contract REV12/2025
Contractor fails to cure the default to City’s satisfaction within the time specified, or if the City determines the default is not curable, termination will be effective upon the date specified in the City’s written notice of termination. The notice of termination may include the reason for the termination, the effective date of termination, and instructions for submitting all Materials to the City. If City terminates the Contract for cause, it will pay Contractor only for Services that City determines have been fully and satisfactorily provided up to the effective date of termination, except that City may deduct from final payment the total amount of any costs incurred by City because of Contractor’s default and/or to correct Contractor’s default.
5.3 Termination Procedures.
Upon receipt of a notice of termination, the Contractor shall: (1) promptly discontinue all Services, unless the notice directs otherwise; (2) promptly deliver to the City all Materials generated or used by the Contractor in performing this Contract, whether completed or in progress, in the form specified by the City; and (3) provide documentation deemed adequate by City to substantiate the Services provided by Contractor prior to the effective date of termination. The City may withhold final payment, in whole or in part, pending delivery to City of all Materials.
5.4 Remedies.
The City’s rights and remedies under the Contract will be construed as cumulative, and not exclusive, and City reserves all rights to all remedies available under law, equity, or the Contract as to any dispute arising from or relating to the Contract or performance of the Services. Contractor acknowledges the City’s right to terminate this Contract for convenience or for cause and hereby waives any and all claims for damages that might arise from the City’s termination of this Contract, including, but not limited to, any claim for consequential damages or lost profit. If City terminates this Contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically convert to a termination for convenience. This Section shall survive termination of the Contract.
5.5 Insufficient Funding.
Notwithstanding anything to the contrary herein, this Contract is subject to immediate termination if the City Council does not appropriate sufficient funds for this Contract.
6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.
7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect
City of Emeryville | Professional Services Contract REV12/2025
to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.
8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.
The prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.
11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.
City of Emeryville | Professional Services Contract REV12/2025
12. NOTICES
12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Jeff Jelsma for the City and Marcy Wong for the Contractor:
CITY CONTRACTOR
Jeff Jelsma, Management Analyst
Phone No: 510-596-4334
E-Mail : [email protected]
Marcy Wong, Partner and Principal
Architect
Phone No: 510-843-0916
E-Mail : [email protected]
12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:
CITY CONTRACTOR
Mohamed Alaoui, Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:
Jeff Jelsma, Management Analyst
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4334
E-Mail : [email protected]
Marcy Wong, Partner and Principal
Architect
800 Bancroft Way, Suite 200
Berkeley, CA, 94710
Phone No: 510-843-0916
E-Mail : [email protected]
13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.
14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
City of Emeryville | Professional Services Contract REV12/2025
15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.
16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is ; required /
not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.
SIGNATURES ON FOLLOWING PAGE
City of Emeryville | Professional Services Contract REV12/2025
19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
LaTanya Bellow, City Manager
Dated: WONG LOGAN ARCHITECTS
(Signature)
Marcy Wong, Partner and Principal Architect
Attach:
W-9 Form
Attach:
Business License Certificate
Attention: Alice Robinson, PE
EKI Environment & Water, Inc.
2001 Junipero Serra Blvd., Suite 300
Daly City, California 94014
[email protected]
Contact: Marcy Wong
Wong Logan Architects
800 Bancroft Way, Suite #200
Berkeley, CA 94710
[email protected]
(510) 843-0916
Wong Logan Architects (SBE/WBE)
Cost Proposal (Revised March 25, 2026)
For
REQUEST FOR PROPOSALS ("RFP")
Horton Street Corporation Yard Project | Emeryville, CA August 20, 2025
WETA Baylink, Vallejo CA
HORTON STREET CORPORATION YARD PROJECT RFP 1
E | Cost Proposal
Exhibit C – Cost Proposal
This "Cost Proposal" for the Horton Street Corporation Yard Project represents our architectural and engineering team’s best estimate of the effort and resources required to complete the scope outlined in the RFP. While we have developed this proposal based on available information, certain aspects of XLITVSNIGXƂWYGLEWXLIǖREPGSRWXVYGXMSRHYVEXMSRERHXLIXMQIPMRIJSVTIVQMXXMRKETTVSZEPWƂGERRSX be fully determined at this stage. Accordingly, reasonable assumptions have been made to inform our estimate. Our services will be provided over the indicated duration of design and construction. If the HYVEXMSRSJXLITLEWIWI\XIRHWMKRMǖGERXP]FI]SRHSYVEWWYQTXMSRW[IQE]VIUYMVIEREHNYWXQIRXXS our fee and/or submit an Additional Service Request.
Reimbursable Expenses
The following reimbursable expenses are not included in the base professional services fee and will be billed to the client at cost:
• Reproduction, plotting of hard copies
• Postage, shipping and delivery
• Fees paid for securing approval of authorities
• Mileage and other travel expenses shall be billed at the prevailing Federal rates Excluded Subconsultants
Subconsultants included in this proposal are Architecture, Structural, Cost Estimating, Civil, Mechanical, Electrical, Plumbing, and Fire Protection, as outlined in the Fee Matrix and in the attached detailed scope of work letters from Tipping and GHD Engineers on the following pages.
Geotechnical engineering services are excluded from this proposal. Based on the RFP, we understand that geotechnical investigations and related analyses have already been performed as part of the site’s environmental remediation process. Existing reports and data will be made available for use to the design team during design, and any additional information required will be provided by the City.
If further geotechnical surveying is needed, we will coordinate with the City’s designated engineer SVMJVIUYIWXIHEWWMWXMRVIXEMRMRKEUYEPMǖIHWYFGSRWYPXERX-RWYGLGEWIWMXMWKIRIVEPP]TVIJIVEFPI to continue working with the engineer who prepared the original report, as their familiarity with XLIWMXIGSRHMXMSRWHEXEERHGSRXI\XTVSZMHIWKVIEXIVGSRXMRYMX]IǘGMIRG]ERHGSRWMWXIRG]SJ recommendations.
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A hazmat consultant is likewise excluded, as the City has already engaged one to initiate the site remediation process, who will be available to collaborate during design and construction. 4PIEWIWIIXLIETTIRHM\JSVWTIGMǖGGSRWYPXERXEWWYQTXMSRWERHI\GPYWMSRW Total Design Fee
We propose to furnish the services requested in the RFP for a fee Not to Exceed $ 659,031.
HORTON STREET CORPORATION YARD PROJECT RFP 2
E | Exhibit C – Fee Matrix based on Anticipated Team Effort Cost Proposal
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Team Rates for Prime Firm (Marcy Wong Donn Logan Architects) and Subconsultants
Attachment 1
DHS Nationwide Architect-Engineer (A/E) Indefinite Delivery/Indefinite Quantity IDIQ Multiple Award Task Order Contract (MATOC)
November 6, 2017 (Start of Ordering Period 1)
Opt. 1 Opt. 1 Opt. 1 Opt. 1 Opt. 1
6-Nov-17 6-Nov-18 6-Nov-19 6-Nov-20 6-Nov-21 6-Nov-22 6-Nov-23 6-Nov-24 6-Nov-25 6-Nov-26 to 5-Nov-18 to 5-Nov-19 to 5-Nov-20 to 5-Nov-21 to 5-Nov-22 to 5-Nov-23 to 5-Nov-24 to 5-Nov-25 to 5-Nov-26 to 5-Nov-27 Ordering Ordering Ordering Ordering Ordering Ordering Ordering Ordering Ordering Ordering Category Period 1 Period 2 Period 3 Period 4 Period 5 Period 6 Period 7 Period 8 Period 9 Period 10 Marcy Wong Donn Logan Architects- Prime
Principal Architect (MWDL) $ 236.07 229.19 $ $5 2 43.1 $5 2 50.4 $6 2 57.9 $0 2 65.7 $7 2 73.6 $8 2 81.8 $4 2 90.3 $5 299.0 Project Architect/ Task Order Manager (MWDL) $ 200.93 195.08 $ $6 2 06.9 $7 2 13.1 $6 2 19.5 $5 2 26.1 $3 2 32.9 $2 2 39.9 $2 2 47.1 $3 254.5 Architect Professional (MWDL) $ 190.89 185.33 $ $2 1 96.6 $2 2 02.5 $9 2 08.5 $5 2 14.8 $0 2 21.3 $4 2 27.9 $7 2 34.7 $2 241.8 Architect Designer/ CAD (MWDL) $ 125.58 121.93 $ $5 1 29.3 $3 1 33.2 $3 1 37.2 $5 1 41.3 $9 1 45.5 $5 1 49.9 $5 1 54.4 $9 159.0 Profit 10% (already included in above fully burdened rates) Fee on Subcontractors: 5% (Not included in above rates) Mileage cost will be charged at prevailing federal rate, currently $0.535 per mile All other travel costs will be based on actual costs using GSA Government Per Diem/Joint Travel Regulations.
No markup of any kind shall be applied to travel costs.
Escalation rates for the first five ordering periods were negotiated prior to award of the contract.
Escalation rates for the final five ordering periods will be negotiated prior to exercise of the option.
HORTON STREET CORPORATION YARD PROJECT RFP 3
E | Appendix
Exhibit C – Tipping Proposal
March 25, 2026
David Kwon
Wong Logan Architects
800 Bancroft Way Suite #200
Berkeley, CA 94710
Re: Emeryville Horton Corp Yard
5679 Horton St
Emeryville, CA 94608
Job No. 2025.144.00
Dear David,
Thank you for choosing Tipping Structural Engineers to join your team for the Emeryville Horton Corporation Yard project. We are delighted to join your team for this pursuit.
In preparing this proposal, we have reviewed the project RFP issued by the City of Emeryville on June 4, 2025, and discussed the proposed building materials and configuration with you. We understand that the project will consist of a single-story, pre-engineered metal building which will be used as a municipal maintenance facility. The program includes. Interior restrooms and other framed out spaces will be required, and these elements will be independent from the pre-engineered metal building.
We assume that the foundations will be conventional spread footings; however, we have not been provided a geotechnical report for the project at this time. If the geotechnical investigation determines that deep foundations are required, we will provide an adjustment to our proposal.
Given that the metal framed superstructure will be a design-build pre-engineered building, our scope of work for the project includes:
Design and detailing of building foundations (based on building reactions provided by the building manufacturer)
Framing and foundation design for interior framed office and support areas independent of the main building frame. Office and restroom/support pods consist of partial height walls that are not braced by the roof structure above and thus are designed as standalone light framed structures with framed ceiling diaphragms and sheathed walls for seismic resistance. If desired, we can design the ceiling framing for light storage loading as described below. Advising the design-build engineer on key interface and design details, including design modifications proposed by Wong Logan Architects.
HORTON STREET CORPORATION YARD PROJECT RFP 4
E | Appendix
Emeryville Horton Corp Yard March 25, 2026
We assume that the pre-engineered steel building designer will have completed their design and drawings prior to our efforts start for the construction document phase.
Please note that support and anchorage of site structures and corporation yard equipment is not included in this proposal as the scope and extent of these services is not yet defined, may not be required, or may be performed by others. Should such services be requested of us, we would be happy to adjust our proposal accordingly or issue an additional service request.
SCOPE OF STRUCTURAL ENGINEERING SERVICES
The Basic Services for which Tipping Structural Engineers is responsible include the analysis, design, detailing, specifications, review of structural shop drawings, and periodic observations of construction of the Primary Structural System foundations. This is defined as the completed combination of foundation elements that serve to support the self-weight of the building, the prescribed code live loads, and environmental loads such as wind and seismic loads. Specific major secondary elements as described above are also included in the basic scope of structural engineering services. The following is a summary of the services we will provide through the different phases of the project:
Planning and Programming (5 Weeks)
Visit the site to understand key features of the topography, proposed configuration and site constraints
Meet with the owner and design team as needed to integrate program elements, develop design strategies and establish key goals.
Review and advise on code requirements affecting structural design. Assist in establishing criteria for the Geotechnical Consultant and other consultants as may be necessary.
Schematic Design (4 Weeks + 2 Week Review)
Advise on and develop structural systems based on preliminary input. Attend coordination meetings as required.
Perform preliminary engineering analyses to develop and validate structural system. Issue schematic design drawings with sufficient detail to define a concise scope for the subsequent phases of work.
Review cost-estimate by others and provide recommendations, as necessary.
Exhibit C – Tipping Proposal
HORTON STREET CORPORATION YARD PROJECT RFP 5
E | Appendix
Emeryville Horton Corp Yard March 25, 2026
Design Development (6 Weeks)
Refine the design of the selected structural system to define the sizes of the major framing elements and key details of the primary structural system. Attend coordination meetings as required.
Consult with the Client on secondary structural components and develop key interface details. Prepare design development documents (drawings and specifications) sufficient for pricing.
Construction Documents (12 Weeks)
Revise design documents as necessary based upon design development cost estimate provided by the owner’s pre-construction consultant; incorporating major structural elements. Attend coordination meetings as required.
Complete three dimensional building information model incorporating major structural elements.
Prepare final structural calculations.
Develop complete drawings and specifications suitable for competitive bidding, obtaining permits and construction of the project.
Establish testing and inspection requirements for all structural materials and workmanship.
Approvals (Assumed to be 12 Weeks)
Respond to plan check comments and revise plans as necessary.
Bidding (Assumed to be 8 Weeks)
Assist with the bid procurement process by providing clarification and responding to questions. Review bid qualifications and provide input on scope and completeness of bid packages relating to structural work.
Review proposed construction methods and sequencing for feasibility and cost impact. Issue final construction documents and addenda for construction. 3 f8
Exhibit C – Tipping Proposal
HORTON STREET CORPORATION YARD PROJECT RFP 6
E | Appendix
Emeryville Horton Corp Yard March 25, 2026
Construction Services (Assumed to be 12 Months)
Attend a pre-construction concrete and reinforcing meeting to answer questions about design intent or interpretation of the documents, and to examine the contractor's understanding of the project and its requirements.
Review fabrication drawings and construction submittals for overall compliance with the structural portion of the contract documents. We assume a single round of review of complete, coordinated, and timely submittal packages that are reviewed and approved by the contractor prior to review by our office.
Review inspection and test reports for items detailed on the structural drawings or called out in the specifications. Take necessary action on reports indicating non-conforming items. This excludes significant design revisions that may result from non-conformance with and deviations from the contract documents.
Respond to questions from the client and/or special inspector regarding interpretation of the structural portion of the contract documents.
Respond to contractor RFIs. This excludes redesign effort or significant changes to the approved plans due to contractor’s means and methods or requests for substitution. This also excludes the design of repair or remediation measures for damaged or inadequately performed work.
Any design revisions made by MEP or other design-build subcontractors, after the permit submittal, are excluded.
Visit the construction site at appropriate times to observe the progress of construction and its general conformance to structural drawings and specifications. This proposal includes up to two (2) site visits during construction for periodic structural observation. This excludes site visits for inspection, field coordination, troubleshooting, repair or remediation of damaged or inadequately performed work, and quality control efforts. Construction services will be provided over the duration of the construction, which is assumed to be 9 months. If the construction duration extends significantly beyond this assumption we will provide a fee adjustment.
Exhibit C – Tipping Proposal
HORTON STREET CORPORATION YARD PROJECT RFP 7
E | Appendix
Emeryville Horton Corp Yard March 25, 2026
Exhibit C – Tipping Proposal
Our services will be provided over the indicated duration of design and construction. If the duration of the phases extend significantly beyond our assumptions, we may require an adjustment to our fee.
If you find this proposal acceptable, we will work with you to develop an agreement based on a standard AIA document. In the meantime, the attached General Conditions outline the assumptions under which this proposal is made, which we propose to make a part of the formal agreement.
We are delighted at the opportunity to collaborate with you to realize this important project. Again, thank you for considering Tipping as part of your design team. Please do not hesitate to contact us if you have any questions or concerns.
Sincerely,
Marc Steyer, SE, LEED AP
Principal
25144.pr2.odt
HORTON STREET CORPORATION YARD PROJECT RFP 8
E | Appendix
Exhibit C – Tipping Proposal
Emeryville Horton Corp Yard March 25, 2026
General Conditions
I. PURPOSE OF THIS DOCUMENT
This document outlines the terms that will be included in the formal work agreement between Tipping Structural Engineers (hereinafter "Tipping") and Wong Logan Architects (hereinafter the “Client”) for the referenced project.
The work will be done under the supervision of Marc Steyer, a licensed Civil Engineer (CE 70462) and Structural Engineer (SE 6022) in the State of California.
The fee quoted in the attached fee proposal is based on these conditions, and any change to these conditions may require an adjustment to the proposed fee.
II. COMPENSATION
A. Invoices, based on a percentage of completion, shall be submitted monthly. Payments shall be made by the Client within thirty days of invoice date.
B. All past due accounts are subject to a late charge of 12.00 percent annually based on the outstanding balance.
C. Following two years after the date of this agreement, the unearned portion of the fees quoted in the attached letter are subject to increases based on an annual cost-of-living
adjustment.
III. EXCLUSIONS
The services described in the attached letter will be provided for the primary structural system. This is defined as the completed combination of elements that serve to support the building's weight and the prescribed code loads.
Services that are not necessary to the primary structural system are not included in this Basic Services Agreement. Examples include but are not limited to:
A. Structural design services related to secondary structural elements and their attachments, unless specifically provided for in the attached letter. These are elements that are structurally significant for the function they serve but do not contribute to the strength or stability of the primary structural system. Examples include:
1. Stairs, handrails, and guardrails. The Basic Services Agreement includes the framing necessary to provide
floor and roof openings for stairs, but not the framing of the stairs themselves.
2. Architectural cladding system, exterior wall assemblies, curtain walls, glazing, and storefronts.
3. Skylights: the Basic Services Agreement includes framing necessary to provide roof openings for skylights, but not the design of the skylights themselves.
4. Flagpoles, antennas, and lighting poles
5. Interior ceiling systems, and other features
6. Supports and seismic bracing for mechanical, electrical, solar, or plumbing distribution systems.
7. Window washing systems, building-maintenance
equipment, and fall protection systems.
8. Mechanisms and guide systems for elevators, escalators, and other conveying systems and associated operating
equipment.
9. Underground transformer vaults.
B. Review or determination of fire-resistance requirements for building elements.
C. Review or design of waterproofing details.
D. Review or determination of issues related to compliance with the Americans with Disabilities Act (ADA).
E. Structural design of site-work elements exterior and noncontiguous to the building such as culverts and bridges, landscape furnishing such as benches, fountains, pools, signs, and so forth.
F. Review of design drawings or specifications prepared by others to determine adequacy of anchorage of nonstructural or secondary structural elements.
G. Special dynamic floor vibration response analysis for footfall or vibrating equipment.
H. Field investigation of existing buildings and structures including surveys of existing construction on or adjacent to the site.
I. Preparation of documents for bid alternates or for segregated contracts for phased or fast-track construction.
J. Continuous and/or detailed inspections of construction including Special Inspections as defined in Chapter 17 of the California Building Code.
K. Additional site visits to observe unforeseen conditions or contractor errors, or due to contractor's construction
sequencing. If requested, we can provide such site visits as an additional service.
L. Weekly or other regularly scheduled job-site meetings during construction.
M. Excavation shoring, underpinning of adjacent structures, or temporary support of building elements during construction.
N. Filing application for and/or obtaining a building permit.
O. Cost estimating and/or quantity takeoffs.
P. Preparation of "as built" or record set of drawings after completion of the project.
Q. Consultations required to answer questions from third-party engineering reviews, conducted by lenders, insurance
companies, potential buyers, etc.
R. Changes requested by the third-party consultants noted above.
S. Value engineering: revisions to structural calculations and/or drawings with the intent to reduce construction costs or to evaluate potential construction cost savings.
IV. INFORMATION TO BE FURNISHED BY OTHERS, IF NEEDED:
A. Written geotechnical report, including foundation design recommendations and earthquake design data.
B. Description of site conditions, including topographic, boundary, and utility surveys, existing structures, and so forth.
C. Special live loads in excess of building code requirements.
D. Special environmental conditions and loads.
E. Weight, type, and location of mechanical, electrical, plumbing, and fire suppression equipment and systems.
V. ADDITIONAL SERVICES
Additional services are those that arise as a result of unforeseen circumstances during the design or construction of a project and that are not included in the scope of work described in this Basic Service Agreement. 6 of 8
HORTON STREET CORPORATION YARD PROJECT RFP 9
E | Appendix
Exhibit C – Tipping Proposal
Emeryville Horton Corp Yard March 25, 2026
General Conditions
The following items are considered additional services and shall be billed on a time-and-material basis according to our standard billing rates in effect at the time of service, in addition to fees quoted for basic services. Written notification will be given before we proceed with any additional services.
Current hourly billing rates are as follows:
Principals $314.00 - $325.00
Associate Principals $252.00 - $290.00
Senior Associates $240.00 - $270.00
Associates $220.00 - $260.00
Project Managers $175.00 - $225.00
Senior Project Engineers $151.00 - $200.00
Project Engineers $132.00 - $185.00
Structural Designers $123.00 - $165.00
CAD/BIM Specialists $146.00 - $195.00
Admin. / Accounting $137.00 - $160.00
A. Services resulting from changes in scope or magnitude of the project as described and agreed to under the Basic Services Agreement.
B. Redesign to reduce construction cost where the reason for the excessive cost is outside the control of Tipping.
C. Redesign services required by major changes in architectural design after the Schematic Design phase has been completed.
D. Redesign services requested to accommodate particular construction materials, methods or sequences, or services related to contractor’s construction-related equipment such as cranes, hoists, drill rigs, etc.
E. Services resulting from corrections or revisions required because of deviations from the Contract Documents in
construction by the contractor.
F. Services related to tenant improvements, where they are not specifically listed as part of the original scope of work.
G. Services resulting from an existing building not being constructed as shown on original drawings or atypical
conditions which could not be accounted for.
H. Services in connection with any public hearing, arbitration, or legal proceedings with respect to the project, including assisting in preparation for litigation or arbitration as witnesses or consultants.
I. Services necessitated by fire or other damage to construction.
VI. REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to the fees quoted for basic services and include actual expenditures made by Tipping in the interest of the project.
They shall be billed at 1.1 times direct cost and are payable monthly as incurred.
Reimbursable costs include, but are not limited to, the following:
A. The cost of reproduction of all documents for Client’s use.
B. Travel expenses to include parking, bridge tolls, mileage at the current IRS rate, air fare, car rental, cab service, per diem, and so forth.
C. Fees and charges for services contracted on Client’s behalf.
D. Expenses for materials purchased on Client’s behalf.
E. Messenger and other special delivery services.
VII. PAYMENTS WITHHELD
No deductions shall be made from Tipping’s compensation on account of claims of penalty, liquidated damages, and negligent errors or omissions in performance of professional services by Tipping except pursuant to a mediated agreement, an award rendered in a proceeding in accordance with the Construction Industry Rules of the American Arbitration Association, or a judicial award.
VIII. OWNERSHIP AND USE OF DOCUMENTS
Documents produced by Tipping under this agreement are instruments of service and shall remain the property of Tipping. They shall not be used for any other purpose or project, without express written agreement and appropriate compensation to Tipping.
IX. EXPIRATION OF PROPOSED AGREEMENT
This proposed Agreement shall expire if not accepted within 60 days of the date of execution by Tipping.
X. SUSPENSION AND TERMINATION OF AGREEMENT
If the Client fails to make payment when due Tipping for services and expenses, Tipping may, upon seven days written notice to the Client, suspend performance of services under this Agreement. Unless payment in full is received by Tipping within seven days of the date of the notice, the suspension shall take effect without further notice. Tipping shall have no liability to the Client for delay or damage caused the Client because of such suspension of services.
The Client may suspend this agreement upon written notice to Tipping if the project is temporarily postponed.
This agreement may be terminated by either party upon written notice to the other party in the event of a substantial failure of performance of such other party, or if the project should be abandoned.
In the event of such termination or suspension, Tipping shall be compensated for all services performed plus any sums due for Additional Services and Reimbursable Expenses incurred prior to such termination or suspension. If compensation in this agreement is based on a fixed fee, the amount due for services performed will be based on percentage of completion, or on hourly rates and actual time spent, whichever is greater.
XI. INSURANCE
All parties to this Agreement and, to the extent permitted by law, all professional consultants involved with this project shall maintain worker's compensation insurance coverage and comprehensive general liability insurance coverage with bodily injury and property damage. In addition, all professional consultants shall maintain professional liability insurance. The minimum limits shall be as follows:
Coverage Limits
Professional Liability 2,000,000 per claim
2,000,000 annual aggregate
Commercial General Liability 1,000,000 per claim
2,000,000 general aggregate
Workers Compensation 1,000,000 per claim
Automobile Insurance 1,000,000 combined
7 of 8
HORTON STREET CORPORATION YARD PROJECT RFP 10
E | Appendix
Exhibit C – Tipping Proposal
Emeryville Horton Corp Yard March 25, 2026
General Conditions
XII. VERIFICATION OF EXISTING CONDITIONS
Inasmuch as the construction in or adjacent to existing buildings requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the building, the Client agrees that except for negligence on the part of Tipping the Client will hold harmless, indemnify, and defend Tipping from and against any and all claims arising out of the assumptions made regarding existing conditions.
XIII. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Tipping’s liability to the Client for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorneys’ fees) arising out of this agreement, is limited to the total fee paid to Tipping by the Client for this project. This limitation applies to liability from any cause, including but not limited to Tipping’s negligence, errors, omissions, strict liability, or breach of contract, and it shall apply regardless of the legal theory pled or asserted.
In no event shall Tipping be liable for any incidental or consequential damages such as, but not limited to, delay, disruption, loss of product, loss of anticipated profits or revenue, or cost of capital.
XIV. PROFESSIONAL STANDARD OF CARE
Tipping’s services shall be performed with that degree of skill and care ordinarily used in like cases by reputable members of the same profession practicing in the same or a similar locality under similar circumstances, and using reasonable diligence and judgment in the exercise of professional skill and care. No warranty or guarantee is expressed or implied, and no other provision of this agreement shall impose any liability on Tipping in excess of the requirements of said standard of care.
XV. MEDIATION AND ARBITRATION
Claims, disputes, or other matters in question between the parties to this Agreement arising out of or relating to all work/responsibilities under this Agreement shall be subject to mediation exclusive of legal counsel under the auspices of a recognized neutral third-party professional mediation service or other mediation method mutually acceptable to the parties prior to undertaking any other dispute resolution action. The cost of the mediation service shall be equally borne by the parties. A demand for mediation shall be made within thirty days after the claim, dispute, or matter in question has arisen.
In the event that the claim, dispute, or matter in question is not resolved to the satisfaction of both parties by the nonbinding mediation process described above, it shall be subject to and decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, provided the amount of the claim is less than $100,000.00. 8 of 8
HORTON STREET CORPORATION YARD PROJECT RFP 11
E | Appendix
The Power of Commitment
GHD Inc.
2235 Mercury Way Suite 150
Santa Rosa CA 95407
USA
www.ghd.com
Wong Logan Architects Project No.: TBD
GHD Project No.: 12673642
23 March 2026
David Kwon
Wong Logan Architects
800 Bancroft Way, Suite #200
Berkeley, CA 94710
Re: Proposal for Engineering Services for Project Initiation, Schematic Design, Working Drawings & Construction Administration of Horton Street Corporation Yard Project at 5679 Horton St, Emeryville, CA
Dear Mr. Kwon,
GHD is pleased to provide this proposal for Civil, Mechanical, Electrical, and Plumbing Engineering services for the Project Initiation, Schematic Design, Working Drawings & Construction Administration of Horton Street Corporation Yard Project at 5679 Horton St, Emeryville, CA.
Project Understanding
The Horton Street Corporation Yard project involves development of a new municipal operations facility for the City of Emeryville, including a Pre-Engineered Metal Building (PEMB), utility infrastructure, fleet and staff parking, and stormwater systems. The site is subject to environmental remediation constraints, including active Multi-Phase Extraction (MPE) wells and vapor mitigation, and requires coordination with the Department of Toxic Substances Control (DTSC) and City agencies.
The Fire Protection/Life Safety, Civil, Mechanical, Electrical, Plumbing Engineering team will provide services from project initiation through construction support, and will assist in CEQA documentation, utility service confirmation, and Electric Vehicle Service Equipment (EVSE) infrastructure design.
1. Scope of Work
1.1 Phase 1: Project Initiation
1. Participate in a kick-off meeting with the City, environmental consultant (EKI), and design team.
2. Review all existing reports and base documents, including environmental reports, known utility data, site surveys, and PEMB parameters.
3. Identify regulatory considerations, utility coordination requirements, and potential design constraints.
Exhibit C – GHD Proposal
HORTON STREET CORPORATION YARD PROJECT RFP 12
E | Appendix
The Power of Commitment
12673642 | Re: Proposal for Engineering Services for Project Initiation, Schematic Design, Working Drawings & Construction Administration of Horton Street Corporation Yard Project at 5679 Horton St, Emeryville, CA 2
1.2 Phase 2: Schematic Design
1. Develop schematic-level design concepts for:
a. Civil: Site grading, drainage, site layout for outdoor storage & parking, and utility points of connection
b. Mechanical: HVAC zoning and system approach
c. Electrical: Preliminary load calculations, power distribution strategy, interior and exterior lighting fixture concepts, EVSE layout concept plan, initial PV and battery storage sizing calculations. d. Plumbing: Fixture groups and routing assumptions
e. Fire Protection
2. Confirm adequacy of domestic water and fire water service by coordinating with local agencies and utility providers. The electrical utility service will be assumed to have capacity for new loads. After the Design develop phase GHD will engage local utility power company and initiate a new power service application.
3. Coordinate utility approach with remediation infrastructure to avoid conflict with vapor mitigation and MPE wells.
4. Participate in Design Workshop #1 with City and stakeholders.
Deliverables:
1. Schematic design narrative (Civil/MEP/FP)
2. Schematic level plans and figures
3. EVSE readiness concept
4. ROM-level input for cost estimator
5. Technical input for CEQA project description
Phase 3: Design Development
1. Advance design for all Fire Protection, Civil and MEP systems:
a. Site grading, drainage, site layout for outdoor storage & parking, EVSE and utility points of connection
b. HVAC system sizing and layout
c. Electrical power system plans including single line diagram, site electrical distribution, building electrical power plans, EVSE design, photovoltaic (PV) system, and battery storage system. 1RWH
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WREHSUHSDUHGE\WKHUHVSHFWLYHVXEFRQWUDFWRUV*+'ZLOOSURGXFHFRQFHSWXDO GUDZLQJVRIWKH39DQGEDWWHU\V\VWHPVWRHVWDEOLVKRYHUDOOSHUIRUPDQFHUHTXLUHPHQWVVSDFH DOORFDWLRQDQGWREHXVHGE\WKHFRQWUDFWRULQSUHSDULQJSHUPLWGUDZLQJVIRUWKHVHV\VWHPV d. Interior and exterior lighting and lighting control plans, light fixture and lighting controls selection
e. Telecommunications site and building plans
f. Engage utility power company and submit new service application g. Plumbing routing, fixture selection, and connection coordination Exhibit C – GHD Proposal
HORTON STREET CORPORATION YARD PROJECT RFP 13
E | Appendix
The Power of Commitment
12673642 | Re: Proposal for Engineering Services for Project Initiation, Schematic Design, Working Drawings & Construction Administration of Horton Street Corporation Yard Project at 5679 Horton St, Emeryville, CA 3 h. Performance level design drawings and outline specifications for automatic fire sprinkler system and fire alarm system
2. Coordinate penetrations and trenching with vapor mitigation design
3. Update utility and energy demand documentation for CEQA
4. Participate in Design Workshop #2 with City, Planning, and DTSC Deliverables:
1. DD-level plans and system narratives
2. Utility demand summary for CEQA consultant
3. Outline specifications
Phase 4: Construction Documents
1. Produce stamped, permit-ready construction documents for:
a. Civil: Site grading, drainage, site layout for outdoor storage & parking, and utility b. MEP: HVAC, power, lighting, telecommunications, plumbing, EVSE design
2. Performance level design drawings and performance specifications for automatic fire sprinkler system, fire alarm system, and PV and battery storage systems.
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3. Finalize Title 24 energy documentation
4. Ensure final coordination of below-slab routing, panel placements, and utility service confirmation
5. Participate in Design Workshop #3 prior to permit submittal Deliverables:
1. 100% construction drawings and technical specifications
2. Title 24 energy compliance forms
3. Construction-phase cost estimating input
Phase 5 & 6: Bidding & Construction Support
1. Respond to RFIs and contractor questions related to FP, Civil and MEP systems
2. Review shop drawings and product submittals
3. Attend up to two site visits during construction to confirm utility installation and system layout
4. Assist in review of red lines and as-builts
5. GHD will not participate in any virtual construction meetings for the Construction Phase.
Deliverables:
1. RFI, submittal responses and addenda
2. Field visit reports
3. Closeout support and punch list review
Exhibit C – GHD Proposal
HORTON STREET CORPORATION YARD PROJECT RFP 14
E | Appendix
The Power of Commitment
12673642 | Re: Proposal for Engineering Services for Project Initiation, Schematic Design, Working Drawings & Construction Administration of Horton Street Corporation Yard Project at 5679 Horton St, Emeryville, CA 4
3. CEQA Support Responsibilities
1. Provide documentation for utility demands and energy assumptions
2. Coordinate with CEQA consultant and City Planning staff to confirm:
a. System scope
b. Environmental constraints
c. Mitigation compatibility
4. Special Coordination Requirements
1. Maintain coordination with:
a. DTSC and environmental consultant (EKI)
b. Structural engineer and vapor mitigation team
c. Utility agencies for water and power verification
2. Ensure that EVSE infrastructure aligns with CALGreen requirements and is scalable for future fleet needs
Assumptions and Exclusions:
In addition to other assumptions stated in this proposal, GHD’s proposal is based on the following additional assumptions:
x The following services are not included in GHD scope:
R Topographic and boundary survey
R Detailed design (including system permit drawings and details calculations such as hydraulic calculations, voltage drop and battery sizing calculations) for the fire alarm and automatic fire sprinkler systems
R Fire hydrant flow tests
R AV or security systems
R Environmental remediation design
x GHD will not participate in any virtual construction meetings for the Construction Phase. x Stormwater design related to hydromodification is not included, as it is currently being designed and constructed.
x GHD will receive written comments on all deliverables. x GHD is not responsible for any work related to Hazardous Materials. x Scope of services for this project does not include any services related in any way to asbestos and/or toxic materials
x Fundamental electrical calculations for new and replaced equipment of anticipated electrical load, equipment short circuit ratings, and feeder voltage drop are included. x Additional analysis, including but not limited to Hazard analysis, failure analysis, short circuit, arc flash, and coordination studies, and similar is not included
x Phasing and sequencing of construction is not included Exhibit C – GHD Proposal
HORTON STREET CORPORATION YARD PROJECT RFP 15
E | Appendix
The Power of Commitment
12673642 | Re: Proposal for Engineering Services for Project Initiation, Schematic Design, Working Drawings & Construction Administration of Horton Street Corporation Yard Project at 5679 Horton St, Emeryville, CA 5 x Final “As-Built” documentation is not included
x Additive or deductive alternate schemes are not included x PG&E fees are not included
x Resubmittal of PG&E application due to cancelation resulting from delayed payments, failure to submit non-electrical documentation or cancelation due to changes related to revised design is not included. x All utility service points of connection are immediately adjacent to the site and have sufficient capacity to serve the planned scope of improvements.
x Scope of work does not include EVCS software programming or accounting systems. x LEED certification is not included.
x Back up generator or UPS system design is not included x Photometric plans are not included
x Total parking spaces is assumed to be under 50 stalls. x Architect will provide AutoCAD/Revit background files.
Design Schedule:
The start date shall be identified in the Notice to Proceed (NTP) and Contractor shall complete the Scope of Services as follows:
x 1A - Kick off and Site Visit – 2 weeks
x 1B - Program Confirmation and Field Investigations – 3 weeks x 2 - Concept / Schematic Design - 4 weeks design plus 2 weeks review x 3 - Design Development - 6 weeks
x 4 - Construction Documentation - 12 weeks
x 5 - Bidding & Contractor Selection - TBD
x 6 - CA - Assumed 12 months
Fee for Services
GHD’s lump sum fee to provide the services outlined in this letter is $267,799.
Services not included in this proposal will be provided on a time-and-materials basis per GHD’s Fee Schedule or by a negotiated fee.
We welcome the opportunity to work with you on this project and are excited about the prospect. Should you have any questions, please do not hesitate to contact me at 707-696-2114.
Regards,
Exhibit C – GHD Proposal
Daneil B. Reiter Jessica Napier, PE, SE
Senior Project Director Business Group Leader
707-696-2114 805-540-0761
[email protected] [email protected]
Contact: Marcy Wong
Wong Logan Architects
800 Bancroft Way, Suite #200
Berkeley, CA 94710
[email protected]
(510) 843-0916
WETA Seaplane Lagoon Ferry Terminal, Alameda CA
CALIFORNIA
REV 08/2020 Page 1 of 5
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to WONG LOGAN ARCHITECTS.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
; General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
; Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy. ; Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
; Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall
City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
; General Liability
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
; Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage. ; Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
; Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
; General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
; Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
; Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
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; Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
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5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements
E X H I B I T C
Federal Contract Provisions
The Contract is funded in whole or in part with federal funds. During the performance of this Contract, WONG LOGAN ARCHITECTS (the “Contractor”) shall comply with all applicable federal laws and regulations, including, but not limited to, 2 C.F.R. Part 200 (“Uniform Rules”), the federal contract provisions in this Exhibit, and the applicable terms of the federal funding agreement(s) between Agency and the federal agency or agencies providing federal funds. Copies of any funding agreement between Agency and a funding agency will be made available upon request. In this Exhibit, the term “Agency” shall mean the CITY OF EMERYVILLE.
1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISES, VETERAN-OWNED BUSINESSES, AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
A. Contractor is subject to 2 C.F.R. § 200.321 and, when procuring subcontractors, will consider small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms, when possible and subject to the limitations of law, and will ensure that these business types are not discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
B. Consideration means:
1) These business types are included on solicitation lists; 2) These business types are solicited whenever they are deemed eligible as potential sources;
3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;
4) Establishing delivery schedules that encourage participation by these business types;
5) Utilizing organizations such as the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce; and
6) Requiring subcontractors to apply this Section to lower-tier subcontracts, if any.
CALIFORNIA
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2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
If any indirect costs will be charged to the Agency under this Contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. ( S e e 2 C.F.R. § 200.403.) Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Contractor.
3. ACCESS TO RECORDS (2 C.F.R. § 200.337)
A. Contractor shall comply with 2 C.F.R. § 200.337 and provide the Federal Agency or pass-through entity, Inspectors General, the Comptroller General of the United States, Agency, the State of California, or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this Contract for the purposes of performing audits, executing site visits, or for any other official use. The right also includes timely and reasonable access to the Contractor's personnel for the purpose of interview and discussion related to such documents.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions of records as reasonably needed.
C. The Contractor agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work or services performed under the Contract.
4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
4.1 Appendix II to Part 200 (C) – Equal Employment Opportunity Except as otherwise provided under 41 C.F.R. Part 60, Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
During the performance of this Contract, the Contractor agrees as follows:
A. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the
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following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
C. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor's legal duty to furnish information.
D. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
F. Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
G. In the event of Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
H. Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every
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subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Contractor may request the United States to enter into such litigation to protect the interests of the United States.
4.2 Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland “Anti-Kickback” Act Not applicable to this Contract.
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4.3 Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act If this Contract exceeds $100,000 and involves the employment of mechanics or laborers, Contractor and each subcontractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5), including 29 C.F.R. § 5.5(b), which are fully incorporated herein by reference. Under 40 U.S.C. 3702, Contractor and each subcontractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic will be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
A. Overtime Requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in (A), above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in (A) of this Section, in the sum of $32 (or as otherwise set forth in 29 C.F.R. § 5.5(b)) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in (A) of this Section.
C. Withholding for Unpaid Wages and Liquidated Damages. (1) Withhold Process. The Agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the Contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this Section, any other Federal contract with the same Contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same Contractor (as defined in 29 C.F.R. § 5.2). The necessary funds may be withheld from the Contractor under this Contract, any other
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Federal contract with the same Contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same Contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
(2) Priority to Withheld Funds. The Department of Labor has priority to funds withheld or to be withheld in accordance with 29 C.F.R. § 5.5(a)(2)(i) or 29 C.F.R. § 5.5(b)(3)(i), or both, over claims to those funds by: (a) a contractor's sureties, including without limitation performance bond sureties and payment bond sureties; (b) a contracting agency for its reprocurement costs; (c) a trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (d) a contractor's assignee(s); (e) a contractor's successor(s); or (f) a claim asserted under the Prompt Payment Act (31 U.S.C. §§ 3901–3907).
D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this Section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section. In the event of any violations of these clauses, the Contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
E. Anti-Retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
(1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 C.F.R.
Part 5;
(2) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 C.F.R.
Part 5;
(3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 C.F.R. Part 5; or (4) Informing any other person about their rights under CWHSSA or 29 C.F.R. Part 5.
F. CWHSSA Required Records. To the extent that the Contract is subject only to the CWHSSA and not to any of the other laws referenced in 29 C.F.R. § 5.1, Contractor and its subcontractors must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of
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three years after all the work on the Contract is completed for all laborers and mechanics, including guards and watchpersons, working on the Contract (unless a longer period is set forth elsewhere in the Contract). Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. The records must be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Agency and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
4.4 Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement
A. If the Federal funding for this Contract meets the definition of “funding agreement” under 37 C.F.R.§ 401.2(a) and constitutes an agreement between the Agency and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency, apply to the Contract and are fully incorporated into the Contract by this reference.
B. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
4.5 Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act
If the Contract exceeds $150,000, Contractor and each subcontractor shall comply with the Clean Air Act, as amended (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387), and all applicable standards, orders, and regulations issued pursuant thereto, which are fully incorporated into the Contract by this reference, including requirements for reporting violations to the Agency, federal awarding agency, and the applicable Regional Office for the Environmental Protection Agency. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
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4.6 Appendix II to Part 200 (H) – Debarment and Suspension A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. 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.
A. This Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and the supplemental regulations for HUD set forth in 2 C.F.R. Part 2424. Contractor is required to verify that none of its principals (as defined at 2 C.F.R. § 180.995), or its affiliates (as defined at 2 C.F.R. § 180.905) are excluded or disqualified (as defined at 2 C.F.R. §§ 180.935 and 180.940).
B. Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 2424, subpart C and must include a requirement to comply with these regulations in any subcontract of any tier.
C. This certification is a material representation of fact relied upon by Agency. If it is later determined that Contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 2424, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment.
D. Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the Agency in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Contract.
4.7 Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act If the Contract exceeds $100,000, Contractor must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the required certification pursuant to 24 C.F.R.
Part 87, Appendix A (attached as Exhibit C-1) and any disclosures pursuant thereto with the Agency. 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 recipient who in turn will forward the disclosure(s) to the federal awarding agency.
4.8 Appendix II to Part 200 (J) – Procurement of Recovered Materials A. Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as
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amended by the Resource Conservation and Recovery Act of 1976 at 42 U.S.C. § 6962, which is fully incorporated into the Contract by this reference. The requirements of section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
B. In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the Contract performance schedule; Meeting Contract performance requirements; or At a reasonable price.
C. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines website, www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
4.9 Appendix II to Part 200 (K) – Prohibition on Covered Telecommunications A. Federal loan or grant funds must not be obligated or expended to procure or obtain covered telecommunications equipment or services, extend or renew a contract to procure or obtain covered telecommunications equipment or services, or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services, as further specified in 2 C.F.R. § 200.216, which is fully incorporated into the Contract by this reference.
B. “Covered telecommunications equipment or services” means any of the following: telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; or telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The term “covered telecommunications equipment or services” also includes systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
C. Contractor will include this Section in all subcontracts or purchase orders in connection with the work.
4.10 Appendix II to Part 200 (L) – Domestic Preferences for Procurements
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A. Agency should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 C.F.R. § 200.322, which is fully incorporated into the Contract by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 C.F.R. § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.
5. HUD-SPECIFIC PROVISIONS
The Contract is funded, in whole or in part, with FY 2022 Community Project Funding (“CPF”) from the U.S. Department of Housing and Urban Development (“HUD”) and it is subject to the funding conditions set forth in the FY 2022 Community Project Funding Grant Agreement between HUD and the Agency (Grant Agreement No. B-22-CP-CA0085; the “Grant Agreement”) and any other HUD conditions or requirements applicable to the Agency’s grant. Contractor and its subcontractors must comply with all funding conditions, including, but not limited to, the following (as applicable):
A. The generally applicable HUD requirements set forth in 24 C.F.R. Part 5, Subpart A, including all applicable fair housing, nondiscrimination, and civil rights requirements and the regulations concerning equal participation of faith-based organizations in HUD programs and activities;
B. Conflict-of-interest rules and requirements, including 2 C.F.R. §§ 200.317- 200.318 and the requirements set forth in Appendix 6 to the Grant Agreement, as applicable;
C. The Drug-Free Workplace Act of 1988 and implementing regulations set forth in 2 C.F.R. Part 2429, Subpart B, as applicable;
D. The Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 C.F.R. Part 24), as applicable;
E. Section 3 of the Housing and Urban Development Act of 1968 (“Section 3”), 12 U.S.C. § 1701u, and HUD’s regulations at 24 C.F.R. Part 75, as applicable, which ensure that, to the greatest extent feasible, and consistent with existing federal, state, and local laws and regulations, contracts, including subcontracts, for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan areas in which the project is located, and where feasible, priority for these contracting opportunities are given to (a) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or neighborhood of the project, and (b) YouthBuild programs;
F. HUD environmental and historic preservation requirements, including, but not limited to the National Environmental Policy Act (NEPA) and HUD’s NEPAimplementing regulations at 24 C.F.R. Part 50 and/or 24 C.F.R. Part 58, the National Historic Preservation Act of 1966, as amended, Executive Order 11593, and the Archeological and Historic Preservation Act of 1974 (16 USC § 469a-1 et seq.), as applicable;
City of Emeryville | Federal Contract Provisions REV 11/2025
G. Lead-based paint evaluation and hazard reduction requirements of HUD’s lead-based paint rules and EPA’s lead-based paint rules (Lead Disclosure and Lead Safe Housing (24 C.F.R. Part 35)), as applicable;
H. The requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended, and 2 C.F.R. Part 175, if applicable; and I. In addition to the requirements set forth above, Contractor will provide all records, reports, and certifications necessary for Agency to comply with HUD reporting requirements, as set forth in the Grant Agreement.
6. MISCELLANEOUS PROVISIONS
A. Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions (including certifications and disclosures) pertaining to this Contract.
B. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the Agency, Contractor, any subcontractors or any other party pertaining to any matter resulting from the Contract.
C. General and Administrative Expenses and Profit for Time and Materials Contracts/Amendments.
1) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
2) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
3) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Contractor exceeds at its own risk.
D. The federal provisions shall survive termination or expiration of the Contract as needed for audit, monitoring, or enforcement.
City of Emeryville | Federal Contract Provisions REV 11/2025
Exhibit C-1
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 FY 2022 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-22-CP-CA-0085
D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a).
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement.
HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with Grant Funds.
E. No later than 120 calendar days after the Period of Performance, Grantee shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds.
DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 Nadab Bynum,
Acting Deputy Assistant Secretary for Economic Development DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 DocuSign Envelope ID: 1DD6DBE5-623A-4966-9B3B-01FA9653DB93 [THIS PAGE INTENTIONALLY LEFT BLANK]
City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: June 16, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING THE PROPOSED SB 1 PROJECT LIST AND
APPROPRIATION FOR FISCAL YEAR 2026/2027
RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution.
BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act (RRAA) of 2017 (Chapter 5, Statutes of 2017), was passed by the State Legislature and signed into law by the Governor in April of 2017 to address significant statewide multi-modal transportation funding shortfalls. SB 1 increases several taxes and fees to raise over $5 billion annually so that the purchasing power of these revenues does not diminish as it has historically.
SB 1 includes accountability and transparency provisions that will ensure the residents of Emeryville are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year.
To be eligible for the Road Maintenance and Rehabilitation Account (RMRA) funding created by SB 1, cities and counties are required to provide annual RMRA project reporting to the California Transportation Commission (CTC). The City must prepare a list of all projects proposed to receive funding from the RMRA in the City budget, including a project description, location, proposed schedule, and the estimated useful life of the improvement.
SB 1 prioritizes funding for maintenance, rehabilitation, and safety improvements on state highways, local roads, bridges, and active transportation facilities. As codified in the Streets and Highways Code (SHC), RMRA local streets and road allocations must be used for projects that include, but are not limited to, the following:
1. Road maintenance and rehabilitation
2. Safety projects
3. Railroad grade separations
4. Traffic control devices
5. Complete streets
SB1 Project List For Fiscal Year 2026/2027
City Council Meeting | June 16, 2026
DISCUSSION
This is the ninth year in which the City is receiving SB 1 funding, and this funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1. While funding from SB 1 helps the City maintain and rehabilitate streets, roads and pedestrian infrastructure, it will also add active transportation infrastructure throughout the City this year and many similar projects into the future.
MTC’s Pavement Condition of Bay Area Jurisdictions 2024 showed Emeryville’s overall network Pavement Condition Index (PCI) of the City’s street network is 78 over a 3-year moving average, tying it for 1st place in Alameda County. The PCI is a measurement of pavement condition that ranges from 0 to 100. A newly constructed or overlaid street would have a PCI of 100, while a failed street (requiring complete reconstruction) would have a PCI under 25. This SB 1 funding will help the City to increase the overall quality of our road system over the next decade into an “excellent” condition.
Emeryville will receive an estimated $379,024 in RMRA funding for Fiscal Year 2026/2027. The City received $354,688 for the 2025/2026 fiscal year. The reasons for this increase are complex, and involve both annual cost of living adjustments, and changes in the relative population of the jurisdiction in comparison to the remainder of the state.
Staff anticipates directing this funding to the “2026 Sustainable Streetscapes Paving Projects.” Exhibit A (SB 1 Project List) shows the specific streets that are proposed to be rehabilitated.
The SB 1 Project List includes an overall investment in local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices.
STRATEGIC PLAN CONNECTION
Approving the SB 1 Project List furthers the City Council Strategic Plan goal of “Quality Infrastructure and Environmental Stewardship: maintenance and improvement of infrastructure, facilities, fleet, climate policies.”
FISCAL IMPACT
In addition to submitting an SB 1 Project List to the CTC, the SB 1 guidelines require that all proposed projects be included within an agency’s budget. The Capital Improvement Program budget includes this funding within the Sustainable Streetscapes Project (CIP No. 24221005).
Currently we anticipate $379,024 in RMRA funding for the fiscal year 2026/2027. New RMRA funding projections are expected in Summer 2026.
ENVIRONMENTAL REVIEW
SB1 Project List For Fiscal Year 2026/2027
City Council Meeting | June 16, 2026
The SB 1 Project List is not a project within the meaning of California Environmental Quality Act (”CEQA”) Guidelines section 15378 because it is an administrative and fiscal activity that does not involve a commitment to a specific project which may result in a potentially significant physical impact on the environment and merely authorizes a list of projects to receive funding. If such funding is approved, the City may then potentially use such funds for projects to be reviewed under CEQA and approved at a later time.
STAFF COMMUNICATION WITH THE PUBLIC
The SB 1 Project List was discussed at the May 12, 2026 ,Transportation and Sustainability Committee. The Committee made a motion to approve the list and forward it to City Council for approval.
CONFLICT OF INTEREST
None.
CONCLUSION
Staff recommends that the City Council adopt the above-entitled resolution.
PREPARED BY: Ryan O’Connell, Senior Civil Engineer
ATTACHMENTS
▪ Draft Resolution
o Exhibit A – FY2026/2027 SB 1 Project List
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING THE PROPOSED SB 1 PROJECT LIST AND APPROPRIATION FOR FISCAL YEAR 2026/2027
WHEREAS, Senate Bill 1 (SB 1), Road Repair and Accountability Act (RRAA) of 2017 (Chapter 5, Statutes of 2017) was passed by the State Legislature and signed into law by the Governor in April of 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Emeryville are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $379,024 in RMRA funding for Fiscal Year 2026/2027; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding, and this funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and project list; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, roads and pedestrian infrastructure, and it will also add active transportation infrastructure throughout the City this year and many similar projects into the future; and WHEREAS, MTC’s Pavement Condition of Bay Area Jurisdictions 2024 showed Emeryville’s overall network Pavement Condition Index (PCI) of the City’s street network is 78 over a 3-year moving average, which indicates that the street network is in ‘Good’ condition, and this SB 1 funding will help the City to increase the overall quality of our road system over the next decade into an “excellent” condition; and WHEREAS, the SB 1 Project List and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide; and
Resolution No. _____
SB1 Project List For Fiscal Year 2026/2027
City Council Meeting | June 16, 2026
WHEREAS, the City of Emeryville is committed to ensuring that the RMRA funds received will be used and reported on as required by statute and the California Transportation Commission’s (CTC) adopted program guidelines; and
WHEREAS, in addition to submitting an SB 1 Project List to the CTC, the SB 1 guidelines require that all proposed projects be included within an agency’s budget, and the Capital Improvement Program budget includes this funding within the Sustainable Streetscapes Project (CIP No. 24221005); now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that it hereby approves the following list of proposed projects (the “SB 1 Project List”, attached hereto as Exhibit A) to be funded in Fiscal Year 2026/2027 with Road Maintenance and Rehabilitation account revenues:
a. “2026 Sustainable Streetscapes Paving Projects”; Various Locations; 10-year estimated useful life; Anticipated to be constructed in FY2026/2027; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that approval of the SB 1 Project List is not a project within the meaning of California Environmental Quality Act (”CEQA”) Guidelines section 15378 because it is an administrative and fiscal activity that does not involve commitment to a specific project which may result in a potentially significant physical impact on the environment and merely authorizes a list of projects to receive funding. If such funding is approved, the City may then potentially use such funds for projects to be reviewed under CEQA and approved at a later time.
Resolution No. _____
SB1 Project List For Fiscal Year 2026/2027
City Council Meeting | June 16, 2026
Resolution No. _____
SB1 Project List For Fiscal Year 2026/2027
City Council Meeting | June 16, 2026
ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held June 16, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
▪ Exhibit A – FY2026/2027 SB 1 Project List
Exhibit A – City of Emeryville FY2026/2027 SB 1 Project List
1. 2026/2027 Sustainable Streetscapes Projects
a. Project Descriptions
i. This project generally includes, but is not limited to, the reconstruction and preservation of asphalt pavement (primarily via slurry seal); replacement of traffic striping markings; and installation of signs. b. Project Locations
Street Name From To
ADELINE STREET 41ST STREET 36TH STREET
45TH STREET ADELINE STREET CITY LIMITS
44TH STREET ADELINE STREET CITY LIMITS
43RD STREET ADELINE STREET CITY LIMITS
FRONTAGE ROAD ACCESS ROAD POWELL STREET
EMERY STREET 40TH STREET MACARTHUR BOULEVARD
PERALTA STREET MACARTHUR BOULEVARD 36TH STREET
WATTS STREET MACARTHUR BOULEVARD 36TH STREET
53RD STREET HOLLIS STREET SAN PABLO AVENUE
54TH STREET WESTERLY END BOYER STREET
67TH STREET SHELLMOUND STREET CITY LIMITS
CHRISTIE AVENUE 65TH STREET SHELLMOUND WAY
65TH STREET CHRISTIE AVENUE SHELLMOUND STREET
c. Proposed Schedule for Completion
i. June 30, 2027
d. Estimated Useful Life
i. 10 Years
e. Technology, Climate Change, and Complete Streets Considerations i. The City will add in project elements that follow SHC Section 2030(c)-(f) to the extent possible (where cost effective and feasible). f. Other Statutory Considerations for Project Lists
i. Where applicable, the Project will follow SHC Sections 2034(a)(1), 2030(b), and 2037.
City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: June 16, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
GRANTING A WAIVER FROM THE NOISE ORDINANCE TO RIVIAN ON JUNE 22, 2026 TO JUNE 24, 2026 BETWEEN THE HOURS OF 7:00 P.M.
AND 12:00 A.M. FOR MURAL PREPARATION WORK AT 1483 67TH
STREET AND SHELLMOUND STREET (APN: 049-1511-015-04) (CEQA STATUS: EXEMPT PURSUANT TO STATE CEQA GUIDELINES
SECTION 15061(B)(3))
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution granting a waiver from the Noise Ordinance to allow evening work on June 22, 2026 to June 24, 2026 between the hours of 7:00 p.m. to 12:00 a.m. for mural preparation work at 1483 67th Street and Shellmound Street.
BACKGROUND
On May 22, 2025, the Planning Commission approved a Conditional Use Permit for a Rivian service center at 1483-1499 67th Street (UP25-001). The service center will occupy an existing row of warehouses along 67th Street. As a condition of approval, the Planning Commission required that Rivian provide a mural on the west building face, facing the railroad and Shellmound Street.
On March 25, 2026, the City issued a Building Permit for Rivian’s tenant improvements, including the exterior changes conditioned by UP25-001. As part of the building permit review process, Rivian identified Schuyler Beecroft as their selected muralist. On May 14, 2026, Rivian requested a noise waiver for the mural’s preparation as described below.
DISCUSSION
Noise Ordinance Waiver Procedures
Chapter 13 of Title 5 of the Emeryville Municipal Code limits construction noise to 7:00 a.m. to 6:00 p.m. weekdays but allows a developer or contractor to ask the City Council for a waiver of the construction noise restrictions. Section 5-13.06 sets forth the procedures for a waiver. The applicant must submit a request, accompanied by the required fee, to the Community Development Director, stating the hours and days of work requested, type of work to be conducted, type of equipment to be used, location 1483 67th Street Noise Waiver
City Council Meeting | June 16, 2026
on the property where work will take place, and reason(s) why a waiver is needed. The City Council then holds a noticed public hearing on the request and may grant the request by resolution and designate such conditions as it deems necessary. After granting the request, the City Council may revoke or modify the waiver if the applicant fails to comply with any of the conditions upon which the waiver was granted, or if complaints are received and not satisfactorily resolved.
Reason for Noise Waiver Request
Rivian requested this noise waiver because the mural’s preparation requires a light projector and must therefore be completed in dim light or at nighttime. The light projector will be used to project the mural design onto the wall at the correct scale. The muralist’s team can then transfer the design directly onto the wall by tracing the projection.
Due to the large size of the west building face, the projector will be set up on the Shellmound Street sidewalk and project across the railroad tracks. The proposed work will take place between 7:00 p.m. to 12:00 a.m. on June 22, 23, and 24.
At 7:00 p.m., a team of three people will set up a projector and an electric generator on the east side of Shellmound Street. The projector and the generator will occupy less than 2 feet of the sidewalk width and maintain at least 4 feet of pedestrian clearance.
The projector that will be used will have a light output of 4,000 lumens as compared to a standard street light which has an output between 5,000 and 7,000 lumens. The projector will be oriented east away from Bayview apartments, the closest residential development. The proposed generator will generate up to 30 decibels(dB) of noise, comparable to a whisper or a library environment. The projector and the generator will be monitored at all times.
At approximately 8:00 p.m., or when the sun sets, the other two team members will use a scissor lift and ladders to trace the mural at 1483 67th Street. All work will cease at 12:00 a.m. The projector and the generator will be removed, and the scissor lift and ladders will be secured at the project site. The mural itself will be painted during regular construction hours from 7:00 a.m. to 6:00 p.m.
Staff believes that the request for evening work is reasonable because the proposed work will not generate excessive noise and the mural work cannot be done in daylight hours.
FISCAL IMPACT
None.
STAFF COMMUNICATION WITH THE PUBLIC
As required by the Noise Ordinance, staff mailed notices to property owners and site addresses within 300 feet of 1483 67th Street and the projector location that includes 1483 67th Street Noise Waiver
City Council Meeting | June 16, 2026
Bayview Apartments and a portion of Artistry apartments and published a legal advertisement in the Oakland Tribune.
CONCLUSION
Staff recommends approval of the noise waiver request subject to the conditions of approval outlined in the draft resolution.
PREPARED BY: Alyssa Chung, Assistant Planner
ATTACHMENTS
▪ Draft Resolution
o Exhibit A – Applicant Request Letter
o Exhibit B – Applicant Site Plan
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE GRANTING A WAIVER FROM THE NOISE ORDINANCE TO RIVIAN ON JUNE 22, 2026 TO JUNE 24, 2026 BETWEEN THE HOURS OF 7:00 P.M. AND 12:00 A.M. FOR MURAL PREPARATION WORK AT 1483 67TH STREET AND SHELLMOUND STREET (APN:
049-1511-015-04) (CEQA STATUS: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3))
WHEREAS, on May 22, 2025 Planning Commission approved a Conditional Use Permit for a Rivian service center at 1483-1499 67th Street (UP25-001) and required that Rivian provide a mural on the west building face of 1483 67th Street, facing the railroad and Shellmound Street; and
WHEREAS, on May 14, 2026 Rivian requested a noise waiver to allow work from 7:00 p.m. to 12:00 a.m. on June 22, 2026 to June 24, 2026 (three days) to prepare the mural by tracing the design using a projector, electric generator, and scissor lift; and WHEREAS, the mural will be traced on the west building face of 1483 67th Street, and the projector and generator will be placed on Shellmound Street; and WHEREAS, the request is being made because the projector can only be used in dim light or at nighttime; and
WHEREAS, Chapter 13 of Title 5 of the Emeryville Municipal Code limits construction noise to 7:00 a.m. to 6:00 p.m. weekdays, but allows a developer or contractor to ask the City Council for a waiver of the construction noise restrictions; and WHEREAS, on June 16, 2026 the City Council held a duly and properly noticed public hearing to consider the application, the staff recommendation, and all public comments received; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby finds that the noise waiver for evening work from June 22, 2026 to June 24, 2026 between the hours of 7:00 p.m. and 12:00 a.m. is exempt from the California Environmental Quality Act (CEQA) under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as stated in Section 15061(b)(3) of the State CEQA Guidelines, and in this instance it can be seen with certainty that there is no possibility that the noise waiver will cause a significant effect on the environment; and be it further
RESOLVED, that the City Council of the City of Emeryville finds that the conditions set forth below provide adequate protection for nearby residents and businesses; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby approves the request for a waiver of construction noise hours for evening work at 1483 67th Street and Shellmound Street with the following conditions:
Resolution No. _____
1483 67th Street Noise Waiver
City Council Meeting | June 16, 2026
1. Work shall be allowed on June 22, 2026, June 23, 2026 and June 24, 2026 from 7:00 p.m. to 12:00 a.m. All work shall be limited to that described in the letter from Rivian received and stamped May 18, 2026, attached hereto as Exhibit A.
2. Two signs shall be posted indicating the name and telephone number of a person to contact for concerns or complaints. This telephone must be answered by a live person during construction hours (not by voice mail or answering machine). This person must have the authority to stop work. The signs shall be located at Shellmound Street, alongside the projector and generator, and at 1483 67th Street, near the west building elevation.
3. If residents or local businesses complain, all work on the site and in the vicinity shall cease until the issue is resolved.
4. The City Council may revoke or modify this approval if the applicant fails to comply with any of these conditions of approval, or if any complaints are received and not satisfactorily resolved.
ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held June 16, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
▪ Exhibit A – Applicant Request Letter
▪ Exhibit B – Applicant Site Plan
Emeryville Local Service Center
1483-1499 67th Street
Emeryville, CA 94608
Dear Chadrick Smalley, Community Development Director,
Rivian is seeking a Noise Waiver at the address listed above in order to support our mural wall preparation.
The mural prep work requires a projector and small generator to be placed on the east side of the sidewalk along Shellmound Street in order to project an image onto the west facade of 1499 67th Street. This work is proposed to be performed on the evenings of June 22nd, June 23rd, and June 24th from 7:00pm until 12:00pm. At 7:00pm the team, consisting of 3 people, will begin setting up the projector and monitor and cordoning off the area. At approximately 8pm (sunset), the projector, manned by one person, will be powered on and projected onto the facade. Two people, using a scissor lift and ladders, will trace the image onto the wall. Each evening the team will remove the projector, generator, and any barricades located on the sidewalk along Shellmound Street. The ladders and lift will be secured and remain in the area adjacent to the west facade of 1499 67th street. All activities will cease at 12:00am each evening.
The projector has a brightness of 4000 lumens, and will be powered by a small 2000w (30db) electric generator. See attached specs for reference.
This noise waiver is being requested because the work must be performed in the evening due to the use of a projector and requires a small generator and lift. See attached site plan for location of mural, projector, and generator.
The painting of the mural in the days following the prep work noted above will be during regular construction hours and will not require a projector or generator.
The muralist and on site contact is:
Schuyler Beecroft
(757) 630-0073
[email protected]
Kindest Regards,
Jamie Vassallo
Senior Lead, Design, Commercial Facilities
14600 Myford Rd, Irvine, CA 92606
14600 Myford Rd, Irvine, CA 92606
SD
SD SD
SD
SD SD
SD
SD
SD SD
1X
1X
2X
1X
1X
1X
1X
2X
1X
67TH STREET
NOTE: 0'-0" BUILDING SET BACK
(E) ADJACENT TENANT
(E) POWER POLE, TYP. OF 5
TRASH ENCLOSURE
(E) ADJACENT TENANT
(E) FIRE HYDRANT
(E) INDUSTRIAL USE BUILDING (E) INDUSTRIAL USE BUILDING (E) INDUSTRIAL USE BUILDING (E) INDUSTRIAL USE BUILDING 2 A-202
4 A-202
1 A-202
3 A-202
EXISTING 1 STORY
BUILDING
61, 775 SQUARE FEET
6 4 3 3 2 3 2 1
3 4
5 7
8 9 9 9 9 9
AVONDALE CHINESE
REDBUD OR SIM
SHOESTRING ACACIA OR SIM
LEMON SCENTED
TEA TREE OR SIM
(4) NEW SHORT TERM BIKE SPACES
WITH (2) STAPLE BIKE RACK
AVONDALE CHINESE
REDBUD OR SIM
CARMEL SUR OR SIM
DEER GRASS OR SIM
CARMEL SUR OR SIM
COORDINATE PLANT PLACEMENT
W/UNDERGROUND UTILITIES
VAULTS THIS AREA
PASSENGER LOADING ACCESS AISLE
HARDSCAPE OR LANDSCAPE PAVERS
EGRESS EXTENSION TO
PUBLIC RIGHT OF WAY BY
LANDLORD UNDER
SEPERATE PERMIT. NOT IN
SCOPE.
REFER TO LANDSCAPE
DRAWINGS FOR MORE
INFORMATION
5' - 0"
ALL ARROWS TO BE PAINTED
WITHIN 5' OF THE BUILDING FACE
X-01
5 7
4 6
3 X-01
DRAWING NO.:
TITLE:
ISSUANCE:
30x42
PROJECT NAME:
SIGNATURE & SEAL:
Owner
FOS CODE:
Keep the world adventurous forever.
STANDARDS VERSION:
3/19/2026 11:30:50 AM Autodesk Docs://SER_USA_CA_Emeryville_Local_S912661/SER_USA_CA_Emeryville_S912661_Schematic.rvt A-042
SITE PLAN
Architect
ARCADIS ARCHITECTS PC INC.
2101 L STREET NW, SUITE 200
WASHINGTON, DC 20037
CONTACT - MATTHEW USBECK
PHONE - 947-777-4574
Structural Engineer
ARMOUR UNSDERFER ENGINEERING
13228 NE 20TH STREET, SUITE 100
BELLEVUE, WA. 98005
CONTACT - ALEX HABILSTON
PHONE - 425-502-5078
MEP Engineer
SUTTON ENGINEERING, LLC
2805 DALLAS PARKWAY, SUITE 460
CONTACT - CHRIS SUTTON
PHONE - 972-918-3270
Permitting Coordination
KRAVLAND PERMITTING
CONTACT - OREST KRAVETS
PHONE - 916-402-1833
Rivian Automotive LLC
13250 N Haggerty Road, Plymouth, MI 48170
EMERYVILLE
SERVICE CENTER
1483 - 1499 67TH ST.
EMERYVILLE CA. 94608
33333333
R3.03.02
TRUE NORTH NORTH
SCALE
SITE PLAN 1/16" = 1'-0" 1
Note # Description
1 EXISTING GATE AND FENCE TO REMAIN
2 EXISTING FIRE DEPARTMENT CONNECTION
3 EXISTING FIRE DEPARTMENT KNOX BOX. KEYS SHALL BE PLACED ON ONE KEY RING AND IN BOX AT ALL TIMES TO GAIN ACCESS TO BUILDING. GC TO ENSURE BOX IS MOUNTED NO HIGHER THAN 6' AFF. 4 EXISTING FIRE SPRINKLER RISER
5 NEW EGRESS RAMP AND HANDRAILS BY BUILDING OWNER UNDER SEPERATE PERMIT 6 PROPERTY LINE
7 (4) NEW SHORT TERM BIKE SPACES WITH (2) STAPLE BIKE RACK 8 NEW RAMP AND STAIR BY BUILDING OWNER UNDER SEPARATE PERMIT 9 NEW DRIVEWAY BY BUILDING OWNER UNDER SEPERATE PERMIT, TYP.
REV. DATE DESCRIPTION
03/31/2025 75% CONSTRUCTION
DOCUMENTS
05/05/2025 90% CONSTRUCTION
DOCUMENTS
06/20/2025 PERMIT DOCUMENTS
1 11/21/2025 CITY COMMENTS
3 01/28/2026 2ND RD CITY COMMENTS
LEGEND
PROPERTY LINE
KEYNOTES