CONTRPCTS/.AGREEMENTS/GRANTS TRPCKING FORM
CITY o; OAKLAND
Received Date: ------------
Contracts and Co111>liance
This is your VVork Order 14998 confirmation. Subnitted on 08-30-2021 You have till the end of the business day to subnit your docummts to the office of Contracts and Co111>liance at 250 FHO Building, 3rd. Floor, Suite 3341. ** Please print this copy and attach to your docummt subnittal. ** (All V\brk Order submitted after 2:00 PM of a business day will be processed on the next work day) Date Submitted
08-30-2021
Date Contract Signed -
V\Jork Order NuniJer -14998
Contact Departmmt - Public Works Agency
Resolution Nurrber -88675 & 88759
Contract Title - East 12th & 2nd Avenue
Recipient - Sustainable Urban Neighborhoods
Description - Emergency Housing
Armndrmnt - No
Pn'endrmnt No. - O
Pn'ended Contract .An'Dunt - $1,531,522.04
Total Arrount -$1,531,522.04
Start Date - 06-01-2021
End Date -06-30-2022
Due Date -08-30-2021
Wien retreiving your signed contracts, please print your narre and date at the bottom of this docurmnt and leave it with Contracts and Co111>liance.
Received By:
Received Date:
Initial Review By:
Date:
© 2021 Developed and Maintained by Information Technology Departnient City of Oakland Sep 16, 2021
Sep 20, 2021
& 88759
DB
DB
Sep 20, 2021
Sep 20, 2021
Nai Phan (Sep 20, 2021 11:31 PDT)
Nai Phan
Sep 20, 2021
SCHEDULE M, Part B
INDEPENDENT CONTRACTOR QUESTIONNAIRE
(mandatory for ALL contracts $5K and over)
PROJECT INFO:
CONTRACTOR: Sustainable Urban Neighborhoods
SSN# or Corporate Taxpayer ID#: 47-3305875 ·
This document supplements Schedule M, Part A and is to be completed by the department requesting the contract. Please answer 'Yes' or 'No' to each question. The word "contract" refers to either construction or professional services for the project listed above.
I. Briefly describe the work to be performed by the Contractor. Site prep for Community Cabin/Pallet Shelters
2. Will this contract require the Contractor to personally perform all services or will the Contractor have the option of assigning duties to his or her own employees or assistants? assign duties
3. Do you intend to give the Contractor instructions on how to do the work under the contract? no lf yes, briefly describe the extent to which you are planning to supervise or oversee the work of the Contractor.
4. Will the Contractor's work end because this is a finite project or will it end because there are not funds to support the continuation of the Contractor's work beyond a date certain? finite project
5. Describe the extent to which the Contractor will work on or at City facilities or sites (rather than in the Contractor's own offices). the construction will take place at a City controlled site, the contractor does their administrative or other work outside the city's intrest or control.
6. Are all services to be performed by the Contractor clearly distinguishable from the duties performed by any employee in any City of Oakland job classification? ru
7. If your response to No. 6 is "No", identify job classifications having material duties which are similar. (Verify with OPRM if uncertain.) __
8. Will the Contractor be paid on an hourly basis? If yes, please state the amount per hour. no
9. Will the Contractor be paid on a total project basis? And, if the Contractor will be paid on a basis other than hourly or by total project basis, please describe. ru
10. Over how long a period of time will services under this contract be performed? 6 months
11. Will the services require the Contractor's full-time attention for any given day (6 or more hours) or given week (30 or more hours) during the duration of the contract? If yes, please indicate the approximate amount of time. no
12. Describe the extent to which the City is requiring the Contractor to perform the services on fixed days of the week or at fixed hours. we are not, they will complete the project on the days they select.
13. Will the Contractor be asked to keep hourly records and report time spent on the project by the hour or portions thereof? No
14. Will the Contractor be reimbursed or expect reimbursement for expenses incurred in the performance of this contract? no
15. ls the City expecting the Contractor to put in a minimum number of hours per week on the project? no
12th Street & 2nd Ave
OFFICE OF THEcJtv
OAKLAND
21 *23 HU 2? Is
CLERK
APPROVED AS TO FORM AND LEGALITY
m*kdl t Mdh
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
88759RESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO:
1. AMEND THE AS-NEEDED CONSTRUCTION CONTRACT WITH
SUSTAINABLE URBAN NEIGHBORHOODS AWARDED UNDER
RESOLUTION NO. 88675 C.M.S., TO INCREASE THE AMOUNT BY
$400,000, FOR A TOTAL AMOUNT OF UP TO $2,400,000 FOR SITE
PREPARATION WORK AT CITY OF OAKLAND OWNED AND/OR
LEASED PARCELS THE CITY DESIGNATES FOR HOMELESS
INTERVENTION PROGRAMS, FOR A TERM OF JUNE 1, 2021
THROUGH JUNE 30,2022; AND
2. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
HOUSING CONSORTIUM OF THE EAST BAY (HCEB), IN AN
AMOUNT UP TO $850,000 FOR THE SUPPORT AND MANAGEMENT
OF A CO-GOVERNED INTERIM INTERVENTION, AT THE
CALTRANS PROPERTY AT 3rd STREET AND PERALTA STREET
(PORTION OF APN 18-380-3-5) TO BE LEASED BY THE CITY, FOR A TERM OF JULY 15, 2021 THROUGH AUGUST 31, 2022
WHEREAS, the City of Oakland has experienced a 47 percent increase in its homeless population between 2017 and 2019, the majority of whom live in encampments, vehicles, and places not meant for human habitation; and
WHEREAS, the City recognizes the need for varied interventions to address the needs of homeless residents, including but not limited to emergency beds, co-governed sites, recreational vehicle (RV) safe parking, hotel rooms, and modular housing; and WHEREAS, the City Council has been asked to identity a site in every Council district for a homelessness intervention; and
WHEREAS, the City Administrator has identified property owned by Caltrans, located at 3rd Street and Peralta Street (portion of APN 18-380-3-5) (Caltrans Property), as a suitable site for operation of an interim homeless intervention, and will enter into a three-year lease with Caltrans for such use pursuant to the City Administrator’s delegated authority under Section 2.41.050 of the Oakland Municipal Code; and
WHEREAS, City Council Resolution No. 88675 C.M.S. authorized an as-needed construction contract with Sustainable Urban Neighborhoods in an amount up to $2 million for site preparation work at City of Oakland owned and/or leased parcels the City designates for homeless intervention programs for a term of June 1, 2021 through June 30, 2022; and WHEREAS, additional funds are needed to complete site preparation work at the Caltrans Property; and
WHEREAS, the City Administration wishes to amend the agreement with Sustainable Urban Neighborhoods to increase the amount by $400,000, for a total amount of $2,400,000 for site preparation work; and
WHEREAS, on November 1, 2018 the City issued a Request for Qualifications (RFQ) to solicit providers for homeless services and Housing Consortium of the East Bay (HCEB) responded and was selected as a qualified provider to implement an interim homelessness intervention program; and,
WHEREAS, the City Administration wishes to enter into a professional services agreement with HCEB for the support and management of a co-governed interim intervention, located at 3rd Street and Peralta Street (portion of APN 18-380-3-5), for a term of July 15, 2021 through August 31, 2022 in an amount up to $850,000; and WHEREAS, funds for these new homelessness interventions programs have been identified from the State Homeless Housing And Assistance Program (1IIIAP) in Fund (2159), Community Housing Services Org (78411), Project (1005248), Fostering Safe and Healthy Communities Program (SC22) and from Measure Q funds in Fund (2244), Community Housing Services Org (78411), Project (1005349), Fostering Safe and Healthy Communities Program (SC22); now, therefore, be it
RESOLVED: That the City Council authorizes the City Administrator to amend the as needed construction contract with Sustainable Urban Neighborhoods awarded under Resolution No. 88675 C.M.S., to increase the amount by $400,000, for a total amount of up to $2,400,000 for site preparation work at City of Oakland owned and/or leased parcels the City designates for homeless intervention programs, for a term of June 1, 2021 through June 30, 2022; and be it FURTHER RESOLVED: That the City Council authorizes the City Administrator to enter into a professional services agreement with HCEB, in an amount up to $850,000 for the support and management of a co-governed interim intervention, located at 3rd Street and Peralta Street (portion of APN 18-380-3-5) (Caltrans Property), for a term of July 15,2021 through August 31, 2022; and be it
FURTHER RESOLVED: That funds for these new homelessness interventions programs will come from the State Homeless Housing And Assistance Program (HHAP) in Fund (2159), Community Housing Services Org (78411), Project (1005248), Fostering Safe and Healthy Communities Program (SC22) and from Measure Q funds in Fund (2244), Community Housing Services Org (78411), Project (1005349), Fostering Safe and Healthy Communities Program (SC22); and be it
2 FURTHER RESOLVED: That the City Administrator is authorized to conduct all negotiations; execute and submit all documents, including but not limited to applications, agreements, amendments, modifications, payment requests; and to take any other related actions consistent with this Resolution and its basic purpose; and be it FURTHER RESOLVED: That the aforementioned amendment and agreement shall be approved as to form and legality by the Office of the City Attorney and fully executed copies of same shall be placed on file with the Office of the City Clerk. [3083740.6]
IN COUNCIL, OAKLAND, CALIFORNIA,
JUL 20 m
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES -
ABSENT-
ABSTENTION -
y
ATTEST:
City Clerk and Clerk <pf the Council of the
City of Oakland, California
3 Ally party to this Agreement wishing to make changes to this Notice section shall do so in writing ten (10) busin� days before the change is effective.
14. Certification
The individuals who have affixed their signatures below certify and attest each is empowered to execute this Agreement and act on behalf of and bind the party in whose name this Agreement is executed.
IN WITNESS WHEREOF:
Contractor has hereto set his hand. and the City Administrator of the City of OaldandJ by Resolution of the City Council of said City, thereunto duly authorized, has caused· the name of the CITY OF OAKLAND to be affixed hereto. all in triplicate the day and year first above written.
Approved as to form and legality::
Office of the City Attorney
Aug 31, 2021
Date
City Council Resolution No. � & 88759
Oakland Business Tax Certificate No. 00174S14
Contract Purchase Order No. _ . _
DIR Project ID No. 385996
Pagc4 ..
DEPARTMENT DIRECTOR
Office of the City Administrator
Aug 31, 2021
Date
Date
rffl>42<rl0
PP
PP
DB
DB
Sep 20, 2021
Schedule Q
CONSTRUCTION CONTRACTOR INSURANCE REQUIREMENTS
(Revised 12/21/16)
Insurance Requirements
Section 1 Insurance Coverage Required of Contractors
Contractor shall procure, prior to commencement of service, and keep in force for the term of this contract, at Contractor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to The City. If requested, Contractor shall provide the City with copies of insurance policies evidencing coverage shown below. The insurance listed hereunder shall be considered minimum requirements and any and all insurance proceeds in excess of the requirements shall be made available to the City.
A. Commercial General Liability insurance shall cover Bodily Injury, Property Damage and Personal Injury for Premises Operations, Products and Completed Operations, Independent Contractors and Contractual Liability. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
I. Coverage afforded on behalf of the City of Oakland, Councilmembers, directors, officers, agents, employees and volunteer shall be primary insurance. Any other insurance available to the City, Councilmembers, directors, officers, agents, employees and volunteers under any other policies shall be excess insurance (over the insurance required by this Contract.
II. Limits of liability:
Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products/completed operations aggregate. The general aggregate limit shall apply separately to this location/project or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability Insurance. Contractor shall maintain automobile liability insurance for bodily injury and property damage liability with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos). Coverage shall be at least as broad as Insurance Services Office Form Number CA 00 01.
C. Worker's Compensation insurance as required by the laws of the State of California.
Coverage shall include Employers Liability coverage with limits not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease. . The Contractor certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. The Contractor shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Contract and thereafter as required by that code.
D. Pollution Liability:
I. For Contractors engaged in: environmental remediation, emergency response, hazmat cleanup or pickup, liquid waste remediation, tank and pump cleaning, repair or installation, fire or water restoration or fuel storage dispensing, the Contractor must maintain Contractor's Pollution Liability Insurance of at least $1,000,000 for each occurrence and $2,000,000 in the aggregate.
IL For Contractors engaged in transporting waste, then transportation (1st and 3rd Party) must be included with the pollution liability.
III. Regardless of the coverage limits in I. through II. above, contractor’s coverage must be compliant with the Motor Carrier Act of 1980, California Vehicle Code Sections 34630-34634 and California Health and Safety Code Section 25169 E. Professional Liability/Errors and Omissions insurance as appropriate for design/build operations with limits not less than $2,000,000 each claim and $2,000,000 aggregate. If the professional liability/errors and omissions insurance is written on a claims made form:
I. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
II. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work.
III. If coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the contract effective date, the contractor must purchase extended period coverage for a minimum of three (3) years after completion of work.
F. Builders' Risk/Course of Construction Insurance (CP 10 30) covering all risks of loss in an amount equal to the completed value form with no coinsurance penalty provisions and in an amount equal to the initial contract sum, subject to subsequent modification of the contract sum. The insurance shall apply on a replacement cost basis. The insurance shall name as insured the City of Oakland, the Contractor and all subcontractors in the work. The insurance shall cover the entire work at the site identified in the Scope of Work, including reasonable compensation for architects' services and expenses made necessary by an insured loss. Insured property shall include portions of the work located away from the site but intended for use at the site and shall also cover portions of the work in transit. The policy shall cover the cost of removing debris, including demolition
as may be made legally necessary by the operation of any law, ordinance or regulation. The insurance shall be maintained in effect until the project has been accepted as substantially complete. The insurer shall waive all rights of subrogation against the City.
Section 2 Terms Conditions and Endorsements
The aforementioned insurance shall be endorsed and have all the following conditions:
Insured Status (Additional Insured): Contractor shall provide insured status using ISO endorsement CG 20 10 or its equivalent naming the City of Oakland, its Councilmembers, directors, officers, agents employees and volunteers as insureds in the Commercial General Liability policy for both ongoing and completed operations. If Contractor submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on a CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORD
INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and
A. Cancellation Notice: Contractor shall immediately provide written notice to the City of any notice of cancellation, notice of non-renewal, or any other material modification of the insurance coverages required to be provided under this Contract.
B. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the contractor, its employees, agents and subcontractors.
C. Certificate holder is to be the same person and address as indicated in the "Notices" section of this Contract; and
D. Insurer shall carry insurance from an admitted company with a Best Rating of A VII or better.
Section 3 Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City . At the option of the City, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the City of Oakland, its Councilmembers, directors, officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Section 4 Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Contract, the City may, at the City's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor as is required pursuant to this Contract, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Contractor under this Contract.
Section 5 Insurance Interpretation
All endorsements, certificates, forms, coverage and limits. of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Contract.
Section 6 Proof of Insurance
Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of Contractor's insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for rescission of the contract award.
Section 7 Subcontractors
Should the Contractor subcontract out the work required under this agreement, they shall include all subcontractors as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, the Contractor may require all subcontractors to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City of Oakland and the Contractor shall be named as additional insured under the subcontractor's General Liability policy. All coverages for subcontractors shall be subject to all the requirements stated herein. The City reserves the right to perform an insurance audit during the course of the project to verify compliance with requirements.
Section 8 Waiver of Subrogation
Contractor waives all rights against the City of Oakland and its Councilmembers, officers, directors, and employees for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above.
Section 9 Evaluation of Adequacy of Coverage
The City of Oakland maintains the rights to modify, delete, alter or change these requirements with not less than ninety (90) days prior written notice.
Section 10 Higher Limits of insurance
If the contractor maintains higher limits than the minimums shown above, the City shall be entitled to coverage for the higher limits maintained by the contractor. << END OF INSURANCE REQUIREMENTS >>
CITY OF OAKLAND
BUSINESS LOCATION
EXPIRATION DATE
BUSINESS TAX CERTIFICATE
The issuing of a Business Tax Certificate is for revenue purposes only. It does not relieve the taxpayer from the responsibility of complying with the requirements of any other agency of the City of Oakland and /or any other ordinance, law or regulation of the State of California, or any other governmental agency. The Business Tax Certificate expires on December 31st of each year. Per Section 5.04.190(A), of the O.M.C. you are allowed a renewal grace period until March 1st the following year.
BUSINESS TYPE
SUSTAINABLE URBAN NEIGHBORHOODS
SUSTAINABLE URBAN NEIGHBORHOODS
JIM MOORE
5340 LAWTON AVE
OAKLAND, CA 94618-1108
12/31/2021
5340 LAWTON AVE
OAKLAND, CA 94618-1108
ACCOUNT
NUMBER
00174514
H
A BUSINESS TAX CERTIFICATE
IS REQUIRED FOR EACH
BUSINESS LOCATION AND IS
NOT VALID FOR ANY OTHER
ADDRESS.
PUBLIC INFORMATION ABOVE
THIS LINE TO BE
CONSPICUOUSLY POSTED!
ALL OAKLAND BUSINESSES
MUST OBTAIN A VALID
ZONING CLEARANCE TO
OPERATE YOUR BUSINESS
LEGALLY. RENTAL OF REAL
PROPERTY IS EXCLUDED
FROM ZONING.
DBA
Starting January 1, 2021, Assembly
Bill 1607 requires the prevention of
gender-based discrimination of
business establishments. A full notice
is available in English or other
languages by going to:
https://www.dca.ca.gov/publications
Contract 12th St & 2nd Ave SUN
Final Audit Report 2021-09-20
Created: 2021-09-16
By: Albert Lujan ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAg6f7JGPVty8WC1ZL1SuMIeRLdsnqTyHb "Contract 12th St & 2nd Ave SUN" History
Document created by Albert Lujan ([email protected]) 2021-09-16 - 7:14:15 PM GMT- IP address: 209.232.103.90 Document emailed to Paula Peav ([email protected]) for signature 2021-09-16 - 7:16:33 PM GMT
Email viewed by Paula Peav ([email protected])
2021-09-16 - 9:04:29 PM GMT- IP address: 73.241.92.10
Document e-signed by Paula Peav ([email protected])
Signature Date: 2021-09-16 - 11:02:02 PM GMT - Time Source: server- IP address: 73.241.92.10 Document emailed to Deborah Barnes ([email protected]) for signature 2021-09-16 - 11:02:06 PM GMT
Email viewed by Deborah Barnes ([email protected])
2021-09-20 - 6:22:01 PM GMT- IP address: 98.45.145.240
Document e-signed by Deborah Barnes ([email protected]) Signature Date: 2021-09-20 - 6:22:41 PM GMT - Time Source: server- IP address: 98.45.145.240 Document emailed to Ed Reiskin ([email protected]) for signature 2021-09-20 - 6:22:44 PM GMT
Email viewed by Ed Reiskin ([email protected])
2021-09-20 - 6:29:57 PM GMT- IP address: 107.127.14.99
Document e-signed by Ed Reiskin ([email protected]) Signature Date: 2021-09-20 - 6:30:27 PM GMT - Time Source: server- IP address: 107.127.14.99 Document emailed to Nai Phan ([email protected]) for signature 2021-09-20 - 6:30:30 PM GMT
Email viewed by Nai Phan ([email protected])
2021-09-20 - 6:30:57 PM GMT- IP address: 209.232.103.114 Document e-signed by Nai Phan ([email protected])
Signature Date: 2021-09-20 - 6:31:14 PM GMT - Time Source: server- IP address: 209.232.103.114 Agreement completed.
2021-09-20 - 6:31:14 PM GMT