resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents, and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor.
Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders.
Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City.
Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents, and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state, or local statute, rule, or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents, and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and
costs of alternative dispute resolution. Contractor’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra- hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, and including the concurrent or successive passive negligence of the City and excepting the active negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party.
d) the review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve, or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section 15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state, and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements and shall assume sole and complete responsibility for the safety of Contractor's employees and any subcontractor’s employees. If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership, or joint venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable), or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur. Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents, and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law. This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable, and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized, and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy, and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this
Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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 deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled 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 an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
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 officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
01/21/2022A0186985Sentry Select Insurance Company
CERTIFICATE OF GARAGE INSURANCEDATE (MM/DD/YYYY)
PRODUCER
INSURED
CONTACTNAME:PHONE(A/C, No, Ext):EMAILADDRESS:INSURER(S) AFFORDING COVERAGE FAX(A/C, No):NAIC #INSURER A :INSURER B :INSURER C :INSURER D :INSURER E :
INSRLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS ACORD 30 (2016/03)© 2010-2015 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORD CERTIFICATE #:REVISION #:COVERAGESINSURER F :PROD / CUSTOMER ID:
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CERTIFICATE HOLDERCANCELLATION
AUTHORIZED REPRESENTATIVE
E.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT $
$$
PERSTATUTEOTH-ER$
OTHER
IN GARAGEAUTOS USEDBUSINESSNON-OWNED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Owen Equipment Sales4201 NE 66th Ave Ste 105Vancouver, WA 98661-3078 Refer to attached
01/21/2022
Sentry Customer Service800-473-6879800-514-7191businessproducts_direct@sentry.comSentry Select Insurance Company21180 2399683
AXX X A018698500811/09/202111/09/2022 10,000,00030,000,000PRODUCTS - COMP/OP AGG30,000,000 A A018698500711/09/202111/09/2022X 1,000,0001,000,0001,000,000 Sentry Insurance1800 North Point DriveStevens Point, WI 54481 A0186985001AX X 11/09/202111/09/2022 500,000500,0002,500,000 A X A018698500111/09/202111/09/2022X 1,000,0001X 1,000,0001 City of RichmondPO Box 4046Richmond, CA 94804-0046
00001 0000000000 22021 0 N1 9eb54a01-f5f2-47ed-939c-448755ca8b109eb54a01-f5f2-47ed-939c-448755ca8b10Page 463 of 669 AGENCY CUSTOMER ID:LOC #:ADDITIONAL REMARKS SCHEDULEPageofAGENCYPOLICY NUMBERCARRIER NAIC CODE
NAMED INSURED
EFFECTIVE DATE:ADDITIONAL REMARKS
Owen Equipment Sales
XXXXXX68532 2Cameron ScottA0186985001Sentry Select Insurance Company21180 11/09/2021 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,FORM NUMBER:FORM TITLE:ACORD 30 Certificate Of Garage InsuranceAuto DealersExcess/Umbrella liability follows form. Insurance is primary and non-contributory.Garagekeepers LiabilityStateBasisLocation #Collision LimitComp/OTC/Specified Perils Limit2 UTNatural Disasters Legal Liability$3,250,000$3,250,0003 CANatural Disasters Legal Liability$1,000,000$1,000,0004 WANatural Disasters Legal Liability$1,000,000$1,000,000 ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORD01/21/2022A0186985Sentry Select Insurance CompanyPage 464 of 669 COMMERCIAL AUTOCA 88 04 10 13THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.ADDITIONAL INSURED - DESIGNATEDPERSON OR ORGANIZATIONThis endorsement modifies insurance provided under the following:AUTO DEALERS COVERAGE FORMWith respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.SCHEDULEName of Person or Organization:City of Richmond Start Date of Show:End Date of Show:Event Name:Event Location:(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)Section II - General Liability Coverages, Paragraph D. Who Is An Insured is amended by the addition of the following:The following are "insureds" for "auto dealer operations"; The person or organization listed in the Schedule above, but only with respect to liability arising out of your "auto dealer operations" or premises owned by or rented to you.All other terms and provisions of the policy remain unchanged.
Includes copyrighted material of Insurance Services Office, Inc.,with its permission.Page 1 of 1CA 88 04 10 13 12/09/2021A0186985Sentry Select Insurance Company00001 0000000000 21343 0 N1 d9e639bd-935f-4324-aeae-dc3a89fbaa7cd9e639bd-935f-4324-aeae-dc3a89fbaa7c0027020044363394844494804004646Page 465 of 669 After-The-Fact Purchase Authorization Form (as of June 15, 2011) Please attach this form to the requisition
If you previously initiated a transaction that created an after-the-fact supplier invoice, it must be processed via the `After-the-Fact (ATF) Purchase Authorization' Form.
An After-The-Fact purchase occurs when a department makes a purchase before a purchase order number is issued. For example, authorizing a vendor to begin work before the Purchasing Division issues a purchase order.
Similarly, obtaining goods or services on credit and subsequently submitting the invoice to accounts payable is an AFT. All ATFs, regardless of the dollar amount, present problems for the Purchasing Division, Accounts Payable, vendors, and end-users.
In many cases, these transactions:
* Place the City at financial and credit risk and result in higher than necessary cost paid for products and services. * Create unnecessary administrative efforts
* Bypass City encumbrance requirements
* Violate procurement polices and procedures
When an ATF purchase has been identified, the managing supervisor that made the unauthorized purchase shall complete this form.
Please provide detailed statement explaining the circumstances surrounding this ATF purchase.
What corrective steps have taken to avoid repetition of future ATF's? Any corrective action with the responsible managing supervisor?
Vendor Name:
Amount of Purchase: $
Purchase Date:
I understand that all City purchases require pre-approval and need to be purchased utilizing City policies and procedures.
Supervisor Name Signature Title
Department Director authorizing After-The-Fact Purchase
Name Signature Date
The Streets Department had a sweeper that had become completely non-operational and was not repairable. The City is obligated to sweep the streets on a set schedule. Owen Equipment had the only sweeper in the state that was available for rent. The Fleet Superintendent managed to procure the sweeper so the City could continue to stay on schedule.
The City is working with Owen Equipment (sole provider of sweepers) to order new sweepers to replace the old, worn-out sweepers within the next 1-3 years. In the meantime, the City will procure a lease agreement with Owen Equipment to lease the sweeper for 2 years with a one-year option to renew should the current sweepers become non-operational.
This situation could not be avoided. The sweepers are on back-order for 12 - 18 months.
Owen Equipment
$
Mary Phelps Project Manager 1
04/04/2022
Joe Leach
10,200/month
2/1/2022
+ tax/fees
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20TH ST
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S 19TH ST
S 22ND ST
HUNTINGTON AVE
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S 16TH ST
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WALLER AVE
40TH
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21ST ST
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17TH ST
42ND ST
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41ST ST
43RD ST
MARIPOSA ST
25TH ST
27TH ST
A ST
B ST
5TH ST
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W
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CERRITO CREEK
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CERRITO NORTH CR EEK
CASTRO CREEK
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RHEEM CREEK
H
ERMAN SLOUGH KENNEDYCREEK
SAN PABLO CREEK
580 80
580
CASTRO
ST
SANPABLOAVE
23RD ST
TEWKSBURYAVE
M
ARINA
W
AY
S
EL PORTAL DR
APPIAN
W
AY
HILLTOP DR
FAIRMOUNT AVE
ROBERT MILLER DR
GARRARD BLVD
BARRETT AVE
BARRETT AVE
W CUTTING BLVD
CHURCHLN
CARLSON
BLVD
MCBRYDE AVE
MARKET AVE
SAN
PABLO
AVE
23RD
ST
SAN
PABLO
AVE
ARLINGTON
AVE
S 23RD ST
RUMRILLBLVD
SAN
PABLO
AVE
CUTTING BLVD
VALLEY
VIEW
RD
23RD ST
BLUME DR
POTRERO AVE
HARBOUR W
AY
MACDONALD AVE
EL PORTAL DR
REGATTA BLVD
CENTRAL AVE
CASTRORANCH RD
SAN PABLO DAMRD
CUTTING BLVD
FITZGERALDDR
RICHMONDPKWY
M
ARIN
A
BAYPKWY
MACDONALD AVE
RICHMOND PKWY
BROOKSIDE DR
SAN PABLO DAMRD
S37THST
ARLINGTONBLVD
S
51ST
ST
MOESER LN
SAN PABLODAM
RD
REGATTABLVD
CARLSON BLVD
CANAL
BLVD
BARRETTAVE
HARBOUR W
AY S
H
OFFMANBLVD
MEADEST
37TH ST
KEARNEY
ST
APPIANWAY
DIMM
ST
PINOLEVALLEYRD
22ND ST
TARA HILLS DR
13TH ST
SAN PABLO
DAM
RD
ALHAMBRA
VALLEYR D
COLUSA
AVE
PARK PL
CASTRO
RANCH
RD
SAN PABLO DAM RD
RICHMOND
EL SOBRANTE
KENSINGTON
NORTH
RICHMOND
ALBANY
BERKELEY
EL CERRITO
HERCULES
PINOLE
SAN PABLO
PARCHESTER VILLAGE
01ST MON / TUE
NORTH
RICHMOND
03RD MON / TUE
SOUTHWEST ANNEX
04TH THUR
/ FRI
PANHANDLE ANNEX
04TH THUR /
FRI
PARK VIEW
04TH THUR
/ FRI
LAUREL PARK
04TH TUES / WED
EASTSHORE
04TH THUR
/ FRI
PARK PLAZA
04TH
TUES / WED
PULLMAN
04TH TUES
/ WED
METRO RICHMORE
VILLAGE
04TH TUES / WEDCITY CENTER
03RD WED /
THUR
ATCHISON
VILLAGE
03RD WED / THUR
SANTA FE
03RD / 04TH
FRI / MON CORONADO
03RD / 04TH
FRI / MON
RICHMOND
ANNEX
04TH THUR / FRI
CORTEZ/STEGE
04TH TUES / WED
MARINA BAY
03RD / 04TH
FRI / MON
POINT RICHMOND
03RD / 04TH
FRI / MON
HASFORD HEIGHTS
01ST WED / THUR
FAIRMEDE/HILLTOP
01ST MON /
TUE
HILLTOP
VILLAGE
01ST MON / TUE
HILLTOP BAYVIEW
01ST MON / TUE
HILLTOP GREEN
01ST MON / TUE
MAY VALLEY
01ST / 02ND
FRI / MON
GREENBRIAR
01ST WED
/ THUR
EL SOBRANTE HILLS
01ST WED / THUR
CARRIAGE
HILLS NORTH
01ST WED / THUR
CARRIAGE
HILLS SOUTH
01ST WED / THUR
EAST RICHMOND
02ND THUR / FRI
SOUTH IRON TRIANGLE
03RD WED / THUR
FOREST PARK
03RD WED
/ THUR
SOUTH
BELDING WOODS
03RD WED / THUR
NORTH BELDING
WOODS
03RD MON / TUE
CLINTON HILL I
01ST / 02ND
FRI / MON
CLINTON HILL II
02ND TUE / WED
CLINTON HILL IV
02ND THUR / FRI
CLINTON HILL III
02ND TUE /
WED
VIA VERDI
01ST WED /
THUR
BRISTLECONE
01ST WED
/ THUR
MARINA
BAY NORTH
05TH ANY
NORTH IRON
TRIANGLE
03RD MON / TUE
COUNTRY CLUB
01ST / 02ND
FRI / MON
GREENRIDGE
01ST WED / THUR
LENORA
01ST WED /
THUR
CANYON OAKS
01ST WED
/ THUR
0 0.4 0.8
Miles
01ST, MON / TUE
01ST, WED / THUR
01ST / 02ND, FRI / MON
02ND, TUE / WED
02ND, THUR / FRI
03RD, MON / TUE
03RD, WED / THUR
03RD / 04TH, FRI / MON
04TH, TUES / WED
04TH, THUR / FRI
05TH, ANY
No Sweeping Signage
Commercial Street Sweeping
City and County Boundaries
Parks and Other Public Areas
1 Inch = 1,600 Feet
NEIGHBORHOOD
SWEEPING SCHEDULE
April 19, 2022
Public Works
DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, PE, Director of Public Works
Subject:
Appropriate funding from Risk Management for NCE
Contract 4200 Amendment 3
FINANCIAL IMPACT: There will be no impact on the general fund. Funding for individual work authorizations under this on-call contract includes Federal and State grants, Measure J, and Risk
Management funds.
PREVIOUS COUNCIL
ACTION:
March 15, 2022 – City Council approved the amendment
to this contract
STATEMENT OF THE
ISSUE:
City staff is requesting the appropriation of Risk
Management funds for Via Verdi Landslide Project
RECOMMENDED ACTION:
APPROVE the appropriation of funds from Risk
Management to NCE’s on-call professional services
contract, in an amount not-to-exceed $400,000, from
50182316-400642-01D16 – Public Works (Joe Leach
620-5478),
AGENDA
REPORT
April 19, 2022
DISCUSSION:
Below is the list of on-call projects under design development previously approved by Council but did not request appropriation of funds.
DOCUMENTS ATTACHED:
Attachment 1 – Original Staff Report
Attachment 2 – Minutes_031522
March 15, 2022
Public Works
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, PE, Director of Public Works
Subject:
Contract Amendment for NCE Engineering On-call
Professional Services
FINANCIAL IMPACT: Funding sources for individual work authorizations under on-call professional services contracts include Federal and State grants and Measure J funds. Amending the
NCE on-call professional services contract will not impact the General Fund.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
Staff recommends amending NCE (formerly Richmond
Engineering Consultant Company) on-call professional
services contract to increase contract capacity for
ongoing engineering design services
RECOMMENDED ACTION:
APPROVE a resolution amending NCE (Richmond
Engineering Consultant Company) on-call professional
services contract to increase their contract funding capacity by $2,060,000, to an amount not to exceed $3,860,000 - Public Works Department (Joe Leach 620-5478).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
Utilization of on-call professional services contracts is critical to the successful completion of myriad City projects. The City issues Requests for Qualifications/Proposals for specialty services, and subsequently issues three-year on- call professional services contracts to the most qualified firms. Keeping current on-call professional services lists saves time and money when hiring qualified firms for specialty work, eliminating the need to go through a six-month procurement process each time professional services are needed. When City staff identifies a need for specialized professional services on a particular project, the City requests cost proposals for that work from the pre-qualified firms on the specialized on-call list of firms. The proposals are evaluated, and the City issues a Work Authorization to the firm that provided the best proposal for that work.
The Public Works Department, in its capacity as the steward of public facilities such as roadways, parks and other City facilities, will continue to manage the various on-call professional services contracts.
Below is the list of NCE On-Call Projects under design development:
Project Name Current Design
Scope
Future Scope Stages Additional Funding
Via Verdi Construction Rheem Creek
Mitigation Site
Construction
Documents, permitting
and Construction
Support
400,000
Staff will come before
Council later with detailed
discussion of funding for the
entire project
Central Ave at I-80 Construction and
Environmental
Documents
Investigation Phase
Final Construction and
Environmental
Documents, ROW
Phase and
Construction Support
850,000
Account String
20236031-400708-29110
13th Street
Complete Project
Construction
Documents
Construction Support 100,000
Account String
20236031-400733-29120
Dornan Dr. Sewer
Line Replacement
Construction
Document
Construction Support 100,000
Account String
40322931-400708-01Z10
Yellow Brick Road Construction Additional Construction
Support
60,000
Account String
11731331-400708-29113
Point Molate
Shoreline
Restoration
Construction and
Environmental
Documents,
Permitting
Additional Permitting 100,000
Account String
20136031-400708-01A14
March 15, 2022
Keller Beach
Sewer
Replacement
Feasibility Studies Project Development
Scope
200,000
Account String
40322931-400733-01C08
Staff
Augmentation
Not Currently
Providing
Staff Augmentation for
1 year, 3 days a week
250,000
From Engineering salary
savings
Account string TBD
Total $2,060,000
It should be noted that staff will bring a subsequent City Council item regarding the Via Verde Project, including construction status, funding sources, City obligations and additional regulatory requirements.
The proposed resolution (Attachment 1) and the contract amendment (Attachment 2) are attached. The final form of the contract amendment with each firm will be reviewed and approved by the City Attorney prior to execution.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Contract Amendment
1 Mary Phelps
From: Sabrina Lundy
Sent: Wednesday, March 16, 2022 10:30 AM
To: Sabrina Lundy
Cc: Jasuara Castaneda; Pamela Christian; Ursula Deloa
Subject: APPROVED CONSENT CALENDAR ITEMS - March 15, 2022, City Council Meeting The following Consent Calendar items were approved by the City Council at its March 15, 2022, meeting:
HOUSING AUTHORITY CONSENT CALENDAR
M.1 Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510‐620‐6513).
M.2 Contract with Automatic Door Systems, Inc.
ADOPT a resolution approving a contract with Automatic Door Systems, Inc. to complete the Nevin Plaza front door repair project, for an amount not to exceed $24,591 including a ten (10) percent contingency ($2,229) – Richmond Housing Authority (Nannette Beacham 510‐621‐1300).
M.3 Emergency Contract with JT Plumbing
ADOPT a resolution approving an emergency contract with JT Plumbing to complete plumbing repairs at Nevin Plaza for an amount not to exceed $11,485 – Richmond Housing Authority (Nannette Beacham 510‐621‐1300).
M.4 Contract Amendment with CD & Power DBA Got Power ADOPT a resolution approving an emergency contract amendment with CD & Power DBA Got Power to continue to provide load testing, and emergency or urgent repairs to generators at Nevin Plaza in the amount of $8,457.66, for a not to exceed total contract amount of $11,457.66, and extending the term to June 30, 2022 – Richmond Housing Authority (Nannette Beacham 510‐621‐1300).
M.5 Housing Authority Minutes
APPROVE the minutes of the January 25, 2022, special Richmond Housing Authority meeting ‐ City Clerk's Office (Pamela Christian 510‐620‐6513).
CITY COUNCIL CONSENT CALENDAR
W.1 City Clerk's Office
W.1.a Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510‐620‐ 6513).
W.1.b City Council Minutes
2 APPROVE the minutes of the January 25 and February 1, 2022, regular City Council meetings ‐ City Clerk's Office (Pamela Christian 510‐620‐6513).
W.2 Community Development
W.2.a Contract with Action Data Systems, LLC
APPROVE a contract with Action Data Systems, LLC to design and develop a mobile and web application for a geolocated, historical walking tour of certain historical sites within the City of Richmond, for an amount not to exceed $15,000, from March 15, 2022, to December 31, 2025 – Community Development Department (Lina Velasco 510‐620‐6706).
W.2.b Housing Element Annual Progress Report 2021
ADOPT a resolution accepting the 2021 Annual Progress Report for the City’s Housing Element (2015‐ 2023) – Community Development Department (Lina Velasco 510‐620‐6706).
W.3 Finance Department
W.3.a Contract with Debtbook for Debt and Lease Management Software APPROVE the purchase of DebtBook software using the National Cooperative Purchasing Alliance (NCPA) contract, to aid the City in meeting Governmental Accounting Standard GASB 87 – Accounting for Leases, in an amount not to exceed $13,500, for a term of one year beginning March 16, 2022, through March 15, 2023, with a possible two year extension, for a total contract amount not to exceed $40,500 – Finance Department (Belinda Brown 510‐620‐6740/Delmy Cuellar 510‐620‐6790).
W.4 Fire Department
W.4.a Resolution and Interagency Agreement to Support Hazardous Materials Program NOT APPROVED ‐‐ Continued to the April 5, 2022, City Council meeting by staff.
W.5 Human Resources
W.5.a Contract with Matrix Consulting Group for Emergency Services Data Analysis and Report APPROVE a contract with Matrix Consulting Group in an amount not to exceed $124,000 to conduct an emergency services data analysis – Human Resources Department (Anil Comelo 510‐620‐6609).
W.5.b Resolution Amending the Salary Schedule for Neighborhood Change Agent, Resident Housing Manager, Senior Resident Housing Manager
ADOPT a resolution amending the salary schedule for Neighborhood Change Agent, Resident Housing Manager, Senior Resident Housing Manager Classifications – Human Resources Department (Anil Comelo/ Sharrone Taylor 510‐620‐6600).
W.6 Library and Community Services
W.6.a Graphic Art Services and Promotional Products for Richmondworks and the RichmondBUILD Academy.
APPROVE an amendment to the contract with Alliance Graphics, Inc. to provide additional graphic art services and promotional products for RichmondWORKS and the RichmondBUILD Academy. The contract term will be extended through June 30, 2023, and the contract amount will be increased by $11,000, for a total contract amount not to exceed $51,000 – Library and Community Services Department (Tamara Walker/Fred Lucero 510‐621‐1562)
W.7 Mayor's Office
3 W.7.a Appointment(s) to the Zhousan Sister City Commission APPROVE appointment(s) to the Richmond‐Zhoushan Sister City Commission; APPOINT Ed Medina, new appointment, seat #7, term expiration date December 31, 2024; Jason Tran, new appointment, seat #9, term expiration date December 31, 2024 – Office of the Mayor (Mayor Tom Butt 510‐620‐6503).
W.7.b Appointment(s) to the Personnel Board
APPROVE appointment(s) to the Personnel Board; APPOINT Larry Wirsig, new appointment, seat #3, Council appointed, term expiration December 31, 2027; APPOINT Vernetta Buckner, new appointment, seat #5, Council appointed, term expiration December 31, 2027 ‐ Office of the Mayor (Mayor Tom Butt 510‐620‐6503).
W.7.c Appointment(s) to the Community Police Review Commission APPROVE appointment(s) to the Community Police Review Commission; APPOINT Steven Lacy, re‐ appointment, seat #7, term expiration date November 1, 2024 ‐ Office of the Mayor (Mayor Tom Butt 510‐620‐6503).
W.7.d Appointment(s) to Update the Design Review Board APPROVE an appointment to the Design Review Board; APPOINT Marcus Christeson, new appointment, seat #6, term expiration date of March 17, 2024 ‐ Office of the Mayor (Mayor Tom Butt 510‐620‐6503).
W.7.e Appointment(s) to the Library Commission
APPROVE appointment(s) to update the Library Commission; APPOINT Thomas Kaun new appointment, seat #3, term expiration date July 1, 2025 ‐ Office of the Mayor (Mayor Tom Butt 510‐620‐6503).
W.7.f Appointment(s) to the Urban Forest Advisory Committee APPROVE appointment(s) to the Urban Forest Advisory Committee; APPOINT Robert Stanley, new appointment, seat #4, term expiration date November 17, 2024; Stewart Winchester, new appointment, seat #8, term expiration date November 17, 2024 ‐ Office of the Mayor (Mayor Tom Butt 510‐620‐6503) W.8 Public Works
W.8.a Appropriate Revenues and Expenditures Related to Plan Review and Inspection Services for Development Project
ADOPT a resolution for authorization to appropriate $175,000 in revenues and $175,000 in expenditures related to plan review and inspection services for development projects into the Public Works Department Fiscal Year 2021‐2022 budget – Public Works Department (Joe Leach 510‐620‐5478).
W.8.b Contract Amendment for NCE Engineering On‐call Professional Services APPROVE a resolution amending NCE (Richmond Engineering Consultant Company) on‐call professional services contract to increase their contract funding capacity by $2,060,000, to an amount not to exceed $3,860,000 ‐ Public Works Department (Joe Leach 510‐620‐5478).
W.8.c Harbour‐8 Park Expansion – Land Donation for Subject ADOPT a resolution authorizing the city manager or their designee to execute all required documents to facilitate the acceptance of the 6,800‐sf land donation by POGO Park ‐ Public Works Department (Joe Leach 510‐620‐5478/Greg Hardesty 510‐620‐6920).
Resolutions and Ordinances adopted at this meeting and the official minutes will be posted on the City Clerk’s webpage within 14 business days following the City Council meeting.
4 The Purchasing Division will accept a printout of this email as proof of contract approval by the City Council. Please include a copy of this email with contracts delivered to the City Clerk’s Office for signature routing.
Sabrina Lundy
Richmond City Clerk’s Office
(510) 231-3048
Please Note: This message is being sent on a public e‐mail system and may be subject to disclosure pursuant to the California Public Records Act. The City Clerk’s Department is prohibited from giving legal advice (per California Business and Professions Code 6125).
April 19, 2022
Public Works
DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, Director of Public Works
Subject: Contract with COWI North America regarding the Terminal Four Wharf Removal Project
FINANCIAL IMPACT: There will be no impact to the General Fund to this contract. The cost of this contract will be funded using grant funds awarded for the Terminal Four Wharf
Removal project by the State Coastal Conservancy
account #15436431-400652-23021.
PREVIOUS COUNCIL
ACTION:
March 16, 2021, and November 16, 2021
STATEMENT OF THE
ISSUE:
In March 2021, the City Council adopted a Final Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program and accepted and appropriated two
State Coastal Conservancy (SCC) grants totaling
$4,150,000 to fund the Terminal Four Wharf Removal
Project. In addition, in November 2021, the City Council further accepted funds from permittees required to pay
mitigation funds related to their approved permits from the Bay Conservation and Development Commission
(BCDC).
RECOMMENDED ACTION:
APPROVE a sole-source contract with COWI North
America, in an amount not to exceed $279,140, to
prepare the final construction and technical specifications for bid documents for the Terminal 4 Wharf Removal
Project, to be funded by various grants awarded to the
City for this project – Public Works (Joe Leach 620-
5478).
AGENDA
REPORT
April 19, 2022
DISCUSSION:
The City has been planning the removal of the creosote-treated piles and deteriorated wharf decking and structures at the Terminal Four site for a number of years. The State Coastal Conservancy (SCC) has been supporting this project since 2017, primarily through facilitating funding and taking the lead on early design and environmental review. In June 2019, COWI North American (COWI) completed the 60% design and specifications for the project under contract with the SCC. The City will be carrying out the final project as the property owners and is seeking City Council approval to execute a sole source contract with COWI to complete the final construction and technical specifications for the bid documents for this project, with the goal of starting demolition work this Summer.
Terminal Four Wharf Removal Project
The Terminal Four Wharf Removal project consists of completing construction documents, demolishing derelict pilings, decking, and two buildings, and constructing enhanced rock slope protection, and monitoring at Terminal Four located at Point San Pablo, north of Point Molate.
The project is needed because the deteriorating warehouse, piles, decking, and debris of the Terminal Four Wharf currently pose a marine debris problem and a navigation hazard, and also continue to degrade and impair water and habitat quality. The existing debris and pile field inhibit the expansion of nearby eelgrass beds. When Pacific herring and other fish and marine invertebrates spawn on creosote-treated piles, exposure to polyaromatic hydrocarbons (PAHs), which are part of the creosote compound, results in adverse effects. In Pacific herring, these effects include developmental delays, degeneration, changes in movement, alterations to cardiac function in embryos, lower rate of hatching success, and skeletal defects in larvae.
This project will remove toxic creosote pilings from San Francisco Bay. The Terminal Four site is owned by the City of Richmond and is managed by the City’s Port. The site is located on the western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo.
Public Works is seeking City Council approval to execute a sole source contract with COWI North America to c omplete the final construction and bid specification s for this project (Attachment 1). While a sole source was completed (Attachment 2), it should be noted that a Request for Services was issued by the State Coastal Conservancy in August 2017 in which COWI was retained as the engineer of record for the project, as part of the ESA team. Five proposals (Ducks Unlimited, Dudek, Terraphase, TRC, and ESA) were received, reviewed, and ranked based on their experience and skills related to the project.
SCC staff interviewed the three top ranked proposal teams- Ducks Unlimited, Terraphase, and ESA.
The ESA team was ranked as the top candidate for selection after the interviews. ESA and their subconsultant COWI had all the required experience, including past similar work
April 19, 2022
on creating design plans and specs for creosote wharf demolition, developing habitat protection and enhancement plans for intertidal and subtidal habitats, and preparing California Environmental Quality Act (CEQA) and permit application materials. The required CEQA document for the project was adopted by the SCC in November 2020 and by the City in March 2021. Under ESA’s contract, COWI completed the 60 percent design and specs in June 2019, and City staff is seeking to execute a contract with COWI to complete the final construction and bid specification s for this project, with the goal of starting demolition work this Summer.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Sole Source Justification
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date
Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
COWI Vice President West Region
COWI Secretary
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
ADDRESS COWI North America, Inc.
555 12th Street
Suite 1700
Oakland, CA 94607
USA
TEL +1 510 839 8972
FAX +1 510 839 9715
WWW cowi.com
DATE 07 Apr 2022
PAGE 1/14
REF JNOT
PROJECT NO A242331
Dear Mr. Leach
Cost Proposal Terminal 4 Final Design
Per your request, COWI North America, Inc (COWI) is pleased to propose the following scope of work and budget in support of the Terminal 4 Piling and Warehouse Removal and Shoreline Stabilization Project ("the project") at Port Point San Pablo, Richmond, CA ("the project location"). This proposal was prepared in response to discussions with you and COWI staff during a series of meetings with the City and the California Coastal Conservancy and a site visit held in March of 2022.
Project Understanding
With this project, COWI understands the main goal is to update the existing 60% plans to reflect the present conditions and prepare final plans, and technical specifications for the proposed removal and shoreline improvements.
The Port of Richmond via the City of Richmond, as owner and project implementer, will manage construction bidding and implementation. The design document under this scope will be prepared to meet the Port's standards and in direct cooperation with the Port and its designated representative. COWI will interface with City staff on this project. Herein, the Port of Richmond and City of Richmond are referred to as the City.
COWI understands that the City is looking for a revised "cost estimate" (herein referred to as an Opinion of Probable Construction Costs, OPCC) on this project.
Rather, COWI should focus their efforts on using the proposed surveys to update the quantities shown on the plans and in the Construction Documents. The focus of the work is on de-risking these Construction Documents.
We understand that the ecological enhancement elements of the projects have been designed and could be part of a different contract but will be part of the final Joe Leach, Public Works Director
CITY OF RICHMOND ENGINEERING & CAPITAL IMPROVEMENTS
510-620-5478
[email protected]
PAGE 2/14
plan set as a separate sheet and corresponding specifications sections. For the purpose of the project ecological enhancements will include the following:
Seaweed, Planted berm, and Toe treatment (inclusive of oyster reefs).
COWI also understands that the City will perform Construction Management. The City anticipates having a designated Construction Manager who will have experience in marine demolition and restoration. The Construction Manager for this project will be hired by mid-April 2022 and is an integral component to review and provide contracting requirements for a successful project.
COWI will work toward a target delivery date of July 01 2022.
Team Organization and Roles
The roles anticipated for this project are as follows and as illustrated in the org chart below.
COWI will be the prime contractor, and other firms listed will be subcontractors.
Senior COWI staff will provide senior technical review and will lead all aspects of the final design. COWI will take a leading role in project management and is the Engineer of Record (EOR). The project's Professional Land Surveyor (PLS) is Erik Mueller, PLS, of eTrac.
Only key staff is included in this org chart. For a more detailed outline of staff anticipated to participate in the project, please see our detailed budget estimate with staff names, individual rates, and roles for the project.
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Figure 1 Team organizational chart.
Scope of Work
The scope of work is summarized in the bullets below and described in more detail in the following pages. The budget associated with each task is based on the current understanding of the project, its goals and objectives, project schedule, and other information gathered during proposal preparation.
Task 1 Field Works
Description
Per discussion with the City and the Conservancy, COWI reached out to eTrac to perform the following field works.
› Bathymetric survey at the project, per project limits shown on the existing 60% plans. Survey will be performed using a variety of techniques including single-beam and multi-beam survey, as practicable. COWI asked eTrac to provide pricing information for optional items relevant to this project. Our budget estimate is based on the "base" items outlined in eTrac's proposal.
See the detailed proposal submitted by eTrac as an attachment to this proposal. Scope will also include pile identification based on visual evidence captured by eTrac.
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› Topographic survey of the site using drone-based LiDAR point acquisition method; drone-based ortho-photo image acquisition and fly-over and "fly-in" video footage of interior of existing structures. The goal is to update visual information (photos, ortho-photo, etc.) in the Construction Documents. › Delineation of project limits using high-visibility paint to guide site visit during the pre-bid phase.
Deliverables
Key deliverables include new aerial, topographic, and bathymetric surveys to be used to update the plans and material quantities for the 90% Submittal.
Task 2 90% Plans, Specifications, and OPCC
Description
This task involves the preparation of 90% plans, specifications (technical sections listed in our assumptions), and OPCC, appropriate for the 90% level. COWI will review the existing 60% documents, revise for present conditions, and incorporate revisions necessary to bring these to 90%.
The level of work anticipated for this task is commensurate with the perceived level of risk surrounding this complex shoreline restoration and construction project.
› Hours have been allocated to review existing documents, and coordinate with the City of Richmond staff (including Construction Manager) as needed. › Apply changes and modifications to plans, layout, specs, and notes based on changes (if any) resulting from the environmental permits. This is part of the project de-risking and review of permit conditions.
› Coordinate with the City and Project Team for necessary restrictions to means and methods set within final environmental permitting documents are clearly presented in the drawings. This will mitigate against non-compliant bids resulting in change orders following bid selection. › Coordinate with the City and Project Team that the drawings provide a demolition and construction sequencing scheme to ensure that demolition and construction occurs in a planned manner to address top priority items first.
This helps mitigate against top priority items remaining unfinished in the case that significant cost increases occur during construction. Present approach will be to demolish deck and existing piles then install new landside improvements then remove all submerged items on the mudline.
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› Perform Risk Mitigation Workshop on the Construction Documents with the City to mitigate risks associated with costs, means, and methods. Though the technical specifications have been prepared, there is a need to perform a review of the City General Conditions, Plans, Specs, and Estimate as a whole so that it is consistent to the bidders. The workshop is assumed to last 2 hours.
› The ERSP (Enhanced Rock Slope Protection) has been finalized as a cross- section only, and no 3D model of the terrain has been prepared. COWI will prepare a 3D CAD surface as required to estimate final grades and volumes.
The present 60% plans clearly indicate that transitions (i.e., where the proposed ERSP meets existing grade) are to be finalized. Work control points will be added.
› Though the uncertainty surrounding the quantity of debris present on the floor has been characterized, additional clarification (de-risking) needs to be provided in the plans. This includes providing additional notes, augmenting certain detail sections, and refining language in the specs. Again, doing so will reduce the likelihood of potentially costly change order requests from the Contractor.
› Perform independent review of the Rock Slope Protection (RSP) sizing calculations that were performed by ESA. This assumes that the calculations will be communicated to COWI for review prior to commencing work. › Provide tables that can be used to list material quantity expected vs actual removed quantities found during demolition. This will capture the predicted cubic yardage and weight of expected removed materials and will be used by the contractor and owner to document removal for cost control purposes.
Though this has been performed by others prior, as Engineer of Record, COWI will need to review and perform independent check of these quantities. › We understand that a similar demolition project at Point Orient resulted in estimated cost of construction that is significantly higher than the OPCC carried out several years ago for this project. Factors influencing a cost estimate include market forces, core inflation, local dynamics, type of activities, cost of disposal, market participants, etc. The magnitude of these forces may shift from one year to another, and the recent COVID-19 pandemic has had a major impact on the economy, and on contractor risk perceptions in the Bay Area. COWI will re-assess those factors and prepare a bidding strategy accordingly. COWI will not revise the existing OPCC, per discussions with the City prior to preparing this proposal.
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COWI anticipates that approximately 20 sheets (total) will be required, as shown in the table below. Though we understand that the plans are at the 60% level, additional drafting is required consistent with the items outlined earlier including:
› Environmental protection (new sheet)
› Transition of the ERSP into the existing grade
› Incorporation of new bathymetric and topographic CAD surface from new surveys
› Demolition and construction sequencing
› Photo update in existing plans (in response to changing conditions) › Quantities and uncertainties and overall de-risking of the plans and notes.
A table of drawings is shown hereafter.
Table 1 Proposed list of drawings.
Sheet Type Details Number of Sheets Status
General Title, General Notes, Existing
Conditions, Bathymetry and
Topography, Access, and
Staging
6 60%
Environmental
Protection
Environmental Protection 1 New
Demolition Overview, Plans Details 7 60%
Civil ERSP Plan, Sections, and
Details
4 60%
Quantities Quantities 1 60%
ESTIMATED TOTAL 20
Existing 60% specifications will also be brought to the 90% design level.
Table 2 Proposed outline for specification sections and responsible party.
Section Title Magnitude of effort
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DIVISION
1 GENERAL REQUIREMENTS
1110 SUMMARY OF WORK Existing
1140 ENVIRONMENTAL REQUIREMENTS Existing
DIVISION
2 SITE WORK
2110 SITE PREPARATION Existing
2220 DEMOLITION Existing
2300 EARTHWORK Existing
2601 GEOTEXTILE Existing
2602 ENHANCED ROCK SLOPE
PROTECTION (ROCK MATERIAL)
Existing
2900 LIVING CROWN PLANTING Existing
2950 SITE RESTORATION Existing
2951 SEAWEED ENHANCEMENT Existing
3301 BAYCRETE REEF STRUCTURES Existing
A construction schedule will be developed based on the 90% design documents.
During this task we will coordinate with the City and Construction Manager to identify the preferred bidding approaches for pricing and managing risks and uncertainties (e.g., Lump Sum vs. Unit Price, managing quantities uncertainties, contingency, etc.). Three (3) 2-hour meetings are planned to develop the bidding strategy and pricing approach. The construction cost estimate will not be revised.
Deliverables
A draft copy of the following will be delivered per the schedule, and a revised copy will be delivered 2 calendar weeks after receiving comments from the City (comments requiring significant revisions are not anticipated):
› 90% Plans, delivered electronically, half-size (11x17) as PDF › 90% Specs, delivered electronically, as Word document › 90% Construction schedule, as Microsoft Project file
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› 90% OPCC, delivered as a Microsoft Excel spreadsheet
› 90% Bidding Strategy and Recommendations, as Word document Assumptions
› Excel spreadsheet with currently mapped out quantities of materials will be made available to COWI prior to commencing the work.
› RSP sizing calculations by others will be made available to COWI prior to commencing the work.
› COWI will not conduct additional engineering on the nature-based components of the Enhanced Rock Slope Protection (ERSP) such as planted berms. However, COWI will included these features in the Construction Documents; the work will entail producing plans that allow for a contractor to build the RSP and another contractor to build the enhancements at a later date, if so required by the City. Likewise, per our discussion with the City and the Conservancy no work on the oyster reef elements will take place.
Specifications for specialty concrete baycrete mix is to be provided by the Conservancy and/or City to the design team, as needed. We assume the City and Conservancy will help identify the defined bid price and/or refer to a suitable supplier for baycrete reef structures. No concrete design is included.
We assume the reef element locations and configurations, reef element sizes, rock toe protection, and seaweed enhancement measures will be as currently shown in the 60% design.
› No major redesign of any elements as currently shown on the 60% plans. 60% is a "freeze point". Any new feature other than those outlined in this proposal would require a modification of the budget, scope, and schedule. › If, during the execution of Task 1, COWI determines that additional re-design or engineering is required and that is not reasonably included in the items outlined in this Scope of Work, COWI will inform the City as soon as practicable. Work will resume when the City and COWI have aligned on the level of additional work that is required to advance to the Final level (Task 3).
Task 3 Final Plans, Specifications, and OPCC
Description
Upon final review of the Draft Final design by the City, final plans, specifications (technical sections listed in our assumptions), and OPCC will be prepared. Our budget is based on the following assumptions:
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› No major redesign of any elements as currently shown on the plan. › No additional detailed re-assessment of quantities is needed.
Deliverables
› Final Stamped Plans, delivered electronically, full-size (22x34) as PDF. › Final Stamped Technical Specs, delivered electronically, as Word document. › Final construction schedule, delivered electronically, as Microsoft Project file (or equivalent).
› Final OPCC, delivered as a Microsoft Excel spreadsheet › Final Bid Schedule
Assumptions
Task 4 Project Management
Description
This task includes project management activities necessary for us to perform the above-mentioned services. This includes meetings, invoice review, progress reporting, and internal project tracking and progress management.
As the project proceeds, Jean O. Toilliez (Project Manager) will track its progress against the planned scope, schedule, and budget. Budget tracking information along with project updates obtained through internal project team coordination will be compiled into progress reports.
COWI incorporated general project management tasks and project support services as noted in our detailed budget estimate.
Deliverables
› Monthly invoices
› Meeting agendas
› Minutes or meeting notes, including outcomes, items to be addressed, and next steps
› SharePoint Site with managed external access for a year
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Assumptions
› The project is anticipated to span over a calendar duration of 3 calendar months (see our schedule); a longer project execution period will require a modification of our budget. Additional effort will be performed on a time and materials basis per the rate schedule attached to this proposal. › Hours assigned to coordination with the City are outlined in our detailed budget table. If the team exceeds that amount, a modification of the budget will be required.
› ODC consist of mileage to/from the project site and COWI staff residence within 20 miles.
Task 5 Bid Support
Description
This task will be led by COWI. The work will involve responding to inquiries from bidders, responses to requests for clarification substitution, bid walk, and bid review. Because the volume of work associated with this task is not straightforward to estimate, we based our budget on 32 hours (each) for the Project Manager, Project Director, and Senior Engineer, as outlined in our detailed budget estimate; distribution of labor will be distributed as needed during project execution, if approved by the City.
Deliverables
› Responding to inquiries from bidders, responses to requests for clarification substitution, bid walk, and bid review.
Assumptions
› 32 hours (each) for the Project Manager, Project Director, and Senior Engineer. This esstimate is an allowance and to be used at City’s discretion.
General Exclusions and Assumptions
Our approach, budget, and schedule are predicated upon the following generally applicable exclusions and assumptions:
› The risk associated with the potential presence of hazardous waste material in the warehouse or at the project site will be handled by the City. The City may perform advance mitigation in anticipation of the project. › COWI assumes that native CAD files will be provided prior to commencing the work.
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› Sub-consultant markup is 5%.
› The City will be responsible for preparing front-end specs including but not limited to Division 0 - Procurement and Contracting Requirements and Division 1 - General Requirement specification sections (except the Summary of Work and Environmental Protection sections listed above). › Existing quantities will be used as-is and no re-assessment or update of the quantities will be performed. If COWI engineers note significant conditions change that require additional quantification work, COWI will inform the City as soon as practicable. COWI will focus their efforts on managing uncertainties as part of the bidding strategy and recommendations work item. › No permitting support is needed; all permits were issued. › Bid support per assumptions in Task 5.
› Construction support will be funded by the City only and therefore fee is not included herein but will be performed per the rate sheet (see attached to this proposal) on a time and materials basis.
Budget Estimate and Staff Mix
The compensation for the work and scope described above is a time-and-materials (T&M) budget not to exceed (NTE) the amount shown in the table below and based on assumptions outlined in this document. The below table provides our estimated budget for each of the tasks described herein, and for the estimated schedule outlined herein. The actual distribution of labor and expenses may vary. Additional optional items are not included in the proposed budget. A detailed budget by task is provided as an attachment to this proposal along with our standard rates for 2022. The budget provides both the "base" items as well as the "optional" items discussed with the City. Staff mix is shown below. Staff distribution may evolve during project execution but key personnel highlighted in our org chart are committed to this project. COWI will endeavor to communicate early on with the City if staff mix needs to be adjusted in response to availability and project needs.
Table 1 Budget estimate.
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Table 1 Staff mix and individual rates. ODC and External Assistance costs are shown as amounts, not hours.
Schedule
The proposed schedule assumes that project is under contract is started in late April 2022 and that final plans are to be delivered around early July (see our schedule). This is an aggressive schedule that is predicated on key assumptions to materialize (see our detailed schedule in the attachments).
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The 2-month fast-tracked project schedule is a best-case scenario, in which no significant redesign effort and/or delay is experienced. The schedule may be affected by external factors outside of COWI's control. These factors include, but are not limited to, City staff availability, data acquisition, weather conditions, unforeseen site conditions, or contracting delays that may necessitate an extension to the intended project schedule, performance period, and budget.
If any of these factors were to manifest during the project execution, COWI will endeavor to communicate with the City as soon as practicable. Please see our detailed schedule in the attachments and related assumptions.
Terms and Conditions
We have attached a copy of our standard template for Project Agreement and General Conditions for Consultancy Services for your review.
Closure
On behalf of the entire COWI team, I am grateful for this opportunity to provide pricing on this project. Please email me ([email protected]) or Ted Trenkwalder ([email protected]) or call me (+1 510 267-7158) with any questions. I look forward to speaking with you soon.
Best regards,
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Jean O. Toilliez PhD PE
Project Manager
COWI NA Oakland, CA
Enc:
› eTrac hydrographic survey proposal and narrative
› Detailed budget estimate
› Detailed schedule
› Key staff resumes
› Standard rates COWI NA 2022
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
COWI North America, Inc.
The following sections of the standard contract are modified as follows:
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees to the extent arising out of, or pertaining to, or relating to the negligence, or willful misconduct of the Contractor, except where caused negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, or willful misconduct of the Contractor, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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 deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled 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 an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
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 officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
^City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PMOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, th en this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: COWI North America, Inc. _ Contact Name: Ted Trenkwalder, PE, SE Address: 555 12th Street, Suite 1700
City: Oaklamj _ State: ^A_Zip Code: 94607
Phone Number f 51 ° ) 839-8972 E-Mail twt@cowi .corn
Duration of Contract: April 2022 - December 2023
Estimated Cost: $ $251,160 _ Funding Source (Account String) scc Grant <see attachsd) Is the product/service IT related? Yes_No x _ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_ No x For Product: Does the manufacturer sell the item(s) through distributors? Yes_ No Description ofProdyct pr Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) COWI, licensed engineers, will assist the City in preparing final plans, and technical specifications for the proposed wharf removal and shoreline improvement activities shown on the 60% plans. The scope includes a Bathymetric survey at the project, per project limits shown on the existing 60% plans, and a Topographic survey of the site using drone-based LiDAR point acquisition method to update visual information (photos, ortho-photo, etc.) in the Construction Documents. COWI will also prepare the technical specifications and schedule for the construction bid documents and provide support during the bid.
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? Wliat condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the'key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
COWI is the licensed engineers that prepared the current 60% design drawings, which the various .agency permits obtained to do work in the Bay, were issued on. In order to carry out the project, the city needs to complete final construction documents for bidding. COWI was part of the team selected via a competitive bklding process by the State Coastal Conservancy back in 2017. The scope of work is to complete the construction/bid documents for the project for competitive bidding .
Therefore, since this is a continuation of work COWI started, it is necessary for COWI to complete. ft f additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources, A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware I_I For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
COWI is the licensed engineering firm that prepared the current 60% design drawings, which the various agency permits obtained to do work in the Bay, were issued on. In order to carry out the project, the city needs to complete final construction documents for bidding. Many engineers will not complete the work began by other engineers due to the risk they run on their licenses; therefore, since this is a continuation of work COWI started, it is necessary for COWI to complete.
The city has already obtained various grant for this project and runs the risk of not being able to carry out the work within the project period without the engineered drawings to bid.
Continuation of prior Work - Additional item, service or work required, But not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
COWI was engineers that developed the current 60% design documents under contract with the State Coastal Conservancy, who issues. a Request for Services in August 2017. COWI was retained as the engineer of record for the project as part of the ESA team that was selected via a competitive procurement process. Five proposals (Ducks Unlimited, Dudek, Ten-aphase, TRC, and ESA) were received, reviewed and ranked based on their experience and skills related to the project. SCC staff interviewed the "three top ranked proposal teams- Ducks Unlimited, Terraphase, and ESA. The ESA team was ranked as the top candidate for selection after the interviews. ESA and their sub-consultant COWI had all of the required experience, including past similar work on creating design plans and specs for creosote wharf demolition, developing habitat protection and enhancement plans for intertidal and subtidal habitats, and preparing CEQA and permit application materials. The required CEQA document for the project was adopted by the SCC in November 2020 and by the City in March 2021. Under ESA's-eontract, COWI completed the 60% design and specs in June 2019, and staff is seeking proposing to continue the engineer drawings COWI started to complete for the final construction and bid specifications for this project. (if additional space is needed, include them in a separate page) 2 I Page
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have mad& a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: Public Works
Requester Name and Title: Joe Leach
Note: Requester must be able to defend this justification.
Date: 04/07/2022 Phone: 510-620-5478
Department Director (Print) Director of public worksDigitally af^fim-^Wf^ n». „,- I^ArA'A'lhirh nd-ih.'rfBlrhm,
1VTteacti35iEZemaif=joeJeach@>ci.richmond.ca.us,c=U:=joejeach@>ci.rict Date: 2022.04.07 11:07:11 -07'GO'
Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
APPROVED: - . . DATE: / /
NOT APPROVED: COMMENTS:
City Manager City Clerk Attesting to Council Approval-
(Under $ 10,0-00.00) (Over $ 10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Soarce mustbe approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services apid/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326'Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified-to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements. 3 I Page
RICHMOND, CALIFORNIA, March 16,2021
The Richmond City Council Evening Open Session was
called to order at 4:30 p.m. by Mayor Thomas K. Butt via teleconference.
Due to the coronavirus (COVID-19) pandemic, Contra
Cosla County and Governor Gavin Newsom issued multiple orders requiring sheltering in place, social distancing, and reduction of person-to-person contact. Accordingly, Governor Gavin Newsom issued executive orders thai allowed cities to hold public meetings via teieconferencing (Executive Order N-29-20).
DUE TO THE SHELTER IN PLACE ORDERS, attendance
at the City of Richmond City Council meeting was limited to Councilmembers, essential City of Richmond staff, and members of the news media. Public comment was confined to items appearing on the agenda and was limited to the methods provided below.
Consistent with Executive Order N-29-20, this meeting utilized teleconferencing only. The following provides information on how the public participated in the meeting.
The public was able to view rhe meeting from home on KCRT Comcast Channel 28 or AT&T Uverse Channel 99 and liveslream online at http: //www. ci. richmond. eg. us/3178/KCRT-Live.
Written public comments were received via email to
cify'clerkdept(a),ci. richmond. ca. us. Comments received by 1:00 p.m. on March 16, 2021, were summarized at the meeting, put into the record, and considered. before Council action. Comments received via email after 1:00 p.m. and up until 1 he public comment period on the relevant agenda item closed, were put info the record. Public comments were also received via teleconference during the meeting. Attached herewith all written public comments received.
ROLL CALL
Present: Councilmembers Nathaniel Bates, Eduardo Martinez, Gayle McLaughlin, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmember Claudia Jimenez, and Melvin Willis arrived after the roll was called.
PUBLIC COMMENT
The city clerk announced the public comment procedures
and that the .purpose of the Open Session was for the City Council to hear public comments on the following items to be discussed m Closed Session:
CITY COUNCIL
CONFERENCE WTTH LEGAL COUNSEL - EXISTING
LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9): '
SPRAWDEF et al. vs. City of Richmond
Point Molate Alliance et al. vs. City of Richmond
North Coast Rivers Alliance et al. vs. City of Richmond Michael Wang vs. the City of Richmond
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CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6):
Agency Representatives: Jack Hughes
Employee organizations:
1. SEIU Local 1021 Full-Time Unit
2. SEIU Local 1021 Part-Time Unit
3. IFPTE Local 21 Mid-Level Management Unit
4. IFPTE Local 21 Executive Management Unit
5. Richmond Police Officers Association RPOA
6. Richmond Police Management Association RPMA
7.IAFFLocall88
8. RichmondTire Management Association RFMA
The following individuals-gave comments via
teleconference:
Pam Stello stated that the proposed Point Molate project should be stopped because it would put the city m financial risk and destroy plants and wildlife on the site.
Deborah Bayer urged the city council not to fight the
lawsuit against the Shopoff development, and to work with the community to reassess the-safety of the site.
Jeanne Kortz stated the city should not move forward with either the Astra Zeneca or the Point Molate projects due to the detrimental impacts to health and safety.
The Open Session adjourned to Closed Session at 4:49 p.m.
Closed Session adjourned at 7:10 p.m.
The Regular Meeting of the Richmond City Council was
called to order at 7:18 p.m. by Mayor Butt via teleconference.
ROLL CALL
Present: Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, Vice Mayor Johnson III, and Mayor Butt. Absent:. None.
STATEMENT OF CONFLICT OF INTEREST
City Clerk Pamela Christian and City Attorney Teresa
Stricker, stated conflict of interest on Item 1-1 and recused themselves from discussion on the item.
AGENDA REVIEW
Item G-5 was removed from the Consent Calendar for
discussion at the end of the agenda. Item 1-4 was continued to the March 23, 2021, City Council meeting. A motion by
Counciknember Bates, seconded by Councilmember Martinez to, place an emergency item on the agenda regarding a Disc Golf Program at Hilltop Lake Park, to be heard directly after approval of the Consent Calendar, passed by the following vote: Ayes:
Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor Johnson III. Noes: Mayor Butt. Absent: None.
Abstain: None.
The city clerk announced the public comment procedures
published on the agenda.
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REPORT FROM THE CITY ATTORNEY ON FINAL
DECISIONS MADE DURING CLOSED SESSION
City Attorney Theresa Stricker stated there were no final actions to report.
REPORT FROM THE CITY MANAGER
City Manager Laura Snideman introduced Congressman
Mark DeSaulnier, who provided an update on several matters pertinent to Richmond, which highlighted the following: CO VID-19 Rescue bill; Richmond would receive approximately $21 million; Fossil Fuel footprint transition to renewable energy; and the Infrastructure bill. City Manager Snideman stated the City of Richmond would receive approximately $20.8 million as part of the COVID-19 Rescue Bill. The first half was anticipated to be received approximately July 2021. Ms. Snideman reported that the Nevin Plaza building had no hot water over a weekend and Facilities Supervisor Jose Urquilla drove to Patterson to pick up the part so the residents were not without water over the weekend. Ms.
Snideman also reported that Richmond fire personnel Captain Kennedy and Firefighters Shawn McComb and Chris Silvas assisted in the deliv-ery of a breached baby.
OPEN FORUM FOR PUBLIC COMMENT
The following mdividuals gave comments-via teleconference:
Deborah Bayer and Tamel Abbott gave comments against
development at the Astra Zeneca site due to hazardous materials at the site.
Andres Soto reported that the Bay Area Air Quality District approved a stronger emissions standard for catalytic cracker units at bay area refineries.
Everth Fuentes gave comments regarding tfae lack of outreach regarding the proposed Recreational Vehicle Park at Civic Center.
Leisa Johnson gave comments regarding Measure U and the possibility that the measure may need to be reviewed and revised.
Doria Bueller thanked Counciknember McLaughlin and
KCRT for the ability to view Zoom Panelists and Attendees on the Zoom screen. Ms. Bueller also stated that the planned project at the Zeneca site should be reversed.
Ben Therriault gave comments regarding issues with current Contra Costa County SherriffLivingston and announced that he would run as County Sheriff in 2022.
Rob Smith expressed concern over a move to usage of
renewable fuels and how the city plans to replace funds currently provided by Chevron to the city.
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CITY COUNCIL CONSENT CALENDAR
On motion of Vice Mayor Johnson III, seconded by
Councilmember Willis, the items marked with an (*) were approved by the unanimous vote of the City Council.
*G-1. Approved (1) a first amendment to an existing legal service agreement with Atohison, Barisone & Condotti for $255,000, for a total contract amount of $265,000, for interim assistant city attorney services and (2) an additional appropriation of $125,000 from the general fund to pay a portion of this first amendment for interim assistant city attorney legal services.
G-2. Adopted Resolution No. 26-21, for the appointment of three standby officers for each member of the City Council in the event of an enemy attack, state of emergency or local emergency.
*G-3. Approved the minutes of the February 16, 2021, Regular Meeting of the City Council.
*G-4. Approved an appointment to the Commission on
Aging: appointed Rina Baker, new appointment, seat # 1, filling an unexpired terrrLwith an expiration date May 19, 2023.
G-5. Continued the matter te approve appointments for
the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2021 to March 23, 2021.
*G-6. Received the Veolia Monthly Operating Report for
the month of January 2021.
*G-7. Adopted Resolution No. 27-21, to adopt the Final
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; authorized the city manager or their designee to execute the necessary agreements with the State Coastal Conservancy to accept the $1,000,000 Priority Conservation Area grant for the constmction of a 1.25-mile segment of the San Francisco Bay Trail connecting Point-Molate Beach Park to the Winehaven Historic District; and appropriated the PCA grant, once awarded and funding agreement is executed.
*G-8. Approved a contract with Postmaster Services, Inc. to mitigate rodent infestation and cleaning of bird droppings to increase the appearance and safety at City-owned facilities in an amount not exceed $100,000 over a three year period.
*G-9. Approved a three-year contract in the amount of
$32,250 with an additional two-year extension option of $22,500 with SCI Consulting Group in an amount not to exceed $54,750 to prepare the Hilltop Assessment Districts Annual Engineer's Report necessary to levy assessments for the 2021-2024 fiscal years. The contract term for three years will be from March 21, 2021 to March-22, 2024.
*G-10. Approved a three-year contract in the amount of
$23,250 with an additional two-year extension option of $15,500 with Willdan Financial Services and Associates in an amount not to exceed $38,750 to prepare the Marina Assessment Districts Annual Engineer's Report necessary to levy assessments for the 2021-2024 fiscal years. The contract term for three years will be firom March 21, 2021, to March 22. 2024.
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*G-11. Approved payment of three invoices that are past due to Sunbelt Rentals in an amount not to exceed $ 11,487.45 for rental of leader landscaper 4WD tractor.
*G-12. Adopted Resolution No. 28-21, approving Veolia
Water to manage and award contracts for the rehabilitation project of the Grit and Aeration Basin at the Richmond Wastewater Treatment Plant to Shimmick Construction Company, Inc.
(construction) in the amount of $42,106,488 (contractor cost of $33,773,000 plus a 16.5% Veolia mark-up $5,572,545), plus a
7.5% contingency of $2,760,943 ($2,532,975 plus a 9% Veolia mark-up of $227,968).
*G-13. Adopted Resolution No. 29-21, accepting the SRF
loan in the amount of $50,000,000 from the State Water Board, and appropriated $50,000,000 of the SRF loan revenues and associated expenditures by amending the FY 2020-21 Water Resource Recovery Division Budget.
*G-14. Approved a first amendment to a grant funded
contract between the City of Richmond and Greater Richmond Interfaith Program to enhance and increase food rescue and food waste prevention initiatives increasing the contract by $81,250 for a total amount not to exceed $291,250 with funding sourced from CalRecycle grant and extending the contract term to June 30, 2021. *G-15. Adopted Resolution No. 30-21, adopt the Final
MitigatecLNegative Declaration and Mitigation Monitoring and Reporting Program for the Terminal 4 Wharf Removal Project; authorized the city manager or their designee to execute the necessary agreements with the State Coastal Conservancy to accept the total $4,150,000 in grant funds; and appropriated the grant funds, once awarded and funding agreement is executed.
*G-16. Approved a contract with Ralph Andersen &
Asseciates for $80,000 for executive recruitment services for a three-year period from March 16, 2021 to March 15, 2024. *G-17. Proclamation declaring March 2021 as Red Cross
Month in the City of Richmond.
EMERGENCY FTEM
Councilmembers Bates and Martinez gave an overview of the matter regarding the Disc Golf Program at Hilltop Lake Park. City Manager Snideman stated that the Hilltop neighborhood council approved the program and use of the park. All work had been stopped and-the matter would be considered at a Recreation and Parks Committee meeting on April 7, 2021, to be reviewed and determine a recommendation to the City Council. The following individuals gave comments via teleconference: Jack Hamm, Janet Hanwick, Jonathan Braidman, Leisa Johnson, Marlen, Scott Riley, Rose last name unknown, Rob Smith, Geofflast name unknown, Marisa Marquez, Alpha last name unknown, and Floy Andrews. The matter will return to the City Council at a future date after review by the Recreation and Parks Commission discussed it to determine if the disc park use would be allowed. A-process for any future park use approvals would also be developed.
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PUBLIC HEARINGS
H-l. The matter to hold a public hearing to: (1) adopt a resolution repealing and replacing City Council Resolution 125-03 with revised City Guidelines and Procedures for the
Implementation of the California Environmental Quality Act (CEQA) and adopting the CCTA VMT Methodology for
application within Richmond to comply with California Senate Bill 743; and (2) introduce an ordinance (first reading) amending Article 15.04.612 Transportation Demand Management of the Richmond Municipal Code to align with the VMT methodology, to reflect current best practices, new-State law requirements, and emerging TDM options as encompassed in the new CCTA VMT methodology was presented by Planning Director Lina Velasco and Charlie Knox from Placeworks. Mayor Butt declared the public hearing open. Lori Lober gave comments via
teleconference. Mayor Butt closed the public hearing. A motion by Councilmember Willis, seconded by Vice Mayor Johnson III, adopted Resolution No. 31-21, and introduced first reading of the ordinance, by the unanimous vote of the City Council.
COUNCIL AS A WHOLE
1-1. The matter to approve a salary adjustment to the City Clerk effective March 2, 2021, from $11,092/month to
$12,201.20/month (a-10% increase) was presented by Human Resources Director, Anil Comelo. A motion by Councilmember Willis, secondad by Vice Mayor Johnson III, approved the item by the unanimous vote of the City Council.
(Items 1-2,1-3, and 1-4 were discussed together)
A motion made by Councilmember Jimenez, seconded by
Councilmember Martinez, to suspend the Council Rules of Procedure and Order, .and to hear Items 1-2,1-3, and 1-4 together, passed by the unanimous vote of the City Ceuncil.
1-2. Reconsider, after a two-thirds vote to suspend the Council Rules of Procedure and Order, the direction the City Council-gave on February 23, 2021, and direct the city manager to:
(1) authorize use of the $260,000 funding from the County before its June 30, 2021, expiration date and $300,000 ifrom the City Affordable Housing fund to contract with Housing Consortium of East Bay (HCBE); and (2) authorize the creation of an emergency ad hoc committee consisting of three City Council members. The ad hoc committee, with the support of City staff, and County Supervisor John Gioia and County staff would develop a long- term, sustainable, and well-funded plan for assisting unhoused residents of Richmond with County and City funds beyond the $560,000 obtained from the County and the Affordable Housing in lieu fund.
1-3. Discuss and provide direction to staff regarding the Safe Parking Program at the Civic Center parking lot on 25th Street and Barrett Avenue.
1-4. Revisit the Council's February 23,2021, action on
the Safe Parking Pilot Program as described in this report, rescind that action and take action as appropriate including, but not limited to, site selection from any of the sites from the February 2 or 23, 2021, Council meetings, use of funds, direction to staff to implement the Safe Parking Pilot Program, authorization for sole ccl6Mar2021
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source contracts and execution of any contracts. Note that Council's action on other agenda items at this meeting may essentially have the same effect.
Councilmembers Jimenez and Martinez gave an overview
of the matter. Supervisor John Gioia and Contra Costa County Housing & Homeless Services Director Lavonna Martin provided a report regarding the matter. The report highlighted the following: The Civic Center location would be too small to accommodate the RV's located on Rydin Road and Castro Street; the proposal would be to use the approximately $500,000 in funding and provide more intense services to persons located on Rydin Road to address health, sanitation, and safety issues; the plan was to work with a housing navigator to manage the site and worfrwith the residents to identify more long-term, stable housing; the County shelters in North Richmond and the Bay Area Rescue Mission would reopen early this Summer; the lease with the Courtyard by Marriot was extended through June 30, 2022, and would accommodate 30 to 50 people each month; Contra Costa County also leased the hotel on Cutting and Canal Boulevard-for homeless individuals who tested positive for COVD3-19; and it was recommended to set up a working group with the City and County to develop a long-term strategy for housing.
(11:00 p.m. -A motion by Councilmember Jimenez,
seconded by Councilmember Martinez, extended the meeting until 11:30 p.m., by the following voterAyes: Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor Johnson HI. Noes: Mayor Butt. Absent: None. Abstain: None).
The following individuals gave comments via
teleconference: Leisa Johnson, Ekongkar Singh, Alpa last name unknown, Venise Wagner, Tamel Abbott, Rob Smith, Cesar
Zepeda, Alyssa Smith, and Loma Murdock. A motion by
Councilmember Jimenez, seconded by Cbuncilmember Willis to approve the item, authorize 1he use of the $260,000 funding from the County and $300,000 from the City Affordable Housing fund to contract with Housing Consortium of East Bay; authorize the creation of an emergency ad hoc committee consisting of three City Council members. The ad hoc committee, with the supportof City staff, and County Supervisor John Gioia and County staff would develop a long-term, sustainable, and well-funded plan for assisting unhoused residents of Richmond with County and City funds beyond the $560,000 obtained from the County and the Affordable Housing in lieu fund. The ad hoc committee was directed to work directly with the Homeless Task Force and engage the community in the process in determinmg long term solutions. A friendly amendment was offered by -Councilmember McLaughlin to include the option to explore a safe parking program in a non-residential area. The friendly amendment was accepted. This motion cured and corrected the dispute regarding the action taken by the City Council at the February 23,2021, meeting. The motion passed by the following vote: Ayes:
Cduncilmembers Bates, Jimenez, Martinez, McLaughlm, Willis, and Vice Mayor Johnson III. Noes: Mayor Butt. Absent: None.
Abstain: None.
(At approximately 11:30 p.m., a motion by Vice Mayor
Johnson III, seconded by Councilmember Bates, to suspend the rules and extend the meeting to discuss item G-5 failed by the following vote: Ayes: Councilmembers Bates, McLaughlin, and ccl6Mar202I
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Vice Mayor Johnson III. Noes: Councilmembers Jimenez,
Martinez, and Mayor Butt. Abstained: Councilmember Willis.
Absent: None.
REPORTS OF OFFICERS: REFERRALS TO STAFF, AND
GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
ADJOURNMENT
There being no further business, the meeting adjourned at 11:32 p.m., to meet again on Tuesday, March 23, 2021, at 6:30 p.m.
Clerk of the City of Richmond
(SEAL)
Approved:
Mayor
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RESOLUTION NO. 30-21
A RESOLUTION OF THE CYTV COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, ADOPTING THE FINAL METIGATED NEGATFVE DECLARATION AND MTTIGATION MONFTORING AND REPORTmG PROGRAM, APPROVING
THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY, AND AUTHOMZmG THE CTTV MANAGER TO EXECUTE GRANT AGREEMENTS
WFTH THE STATE COASTAL CONSERVANCT FOR THE TERMINAL 4 WHARF
REMOVAL PROJECT
WHEREAS, the Legislature of the State of California has established the State Coastal Conservancy ("Conservancy" or "SCC") under Division 21 of the California Public Resources Code, and has authorized the Conser/ancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21,-and WHEREAS, the Conservancy awards grants for projects that it detemiines are consistent with Division 21 of the Public Resources Code and with the Conservancy's Strategic Plan and that best achieve the Conservancy's statutory objectives, in light of limited funding; and WHEREAS, City of Richmond ("applicant") has applied for or intends to apply for Conservancy grant funding for the Terminal 4 WharfRemoval Project (tfae "Project"); and WHEREAS, the Conservancy encourages applicants for grant funding to certify through, a resolution the applicant's acceptance of the grant awards and of certain listed assurances at the time of submission of an application to the Conservancy for an award of-grant funds, and to designate a named officer or employee to act as representative of the applicant; and WHEREAS, in March 2000, the SCC, as lead agency under the California Environmental Quality Act ("CEQA"), has prepared a mitigated negative declaration for tfae project titled the Tenminal pour Wharf, Warehouse, and Piling Removal Project Initial Study and Mitigated Negative Declaration ("MND")^ The MND describes the proposed project and provides an assessment of the project's potendal sigaificant adverse impacts on the enviroament- The MND concludes that the proposed project will not have any significant effects on the environment after implementation of project design features, conservation measures, avoidance and miniraization and mitigation measures, and best management practices; and" WHEREAS, pursuant to Section 1 5085 of the California Environmental Quality Act (CEQA) Guidelines, the State Coastal Conservancy submitted a Notice of Completion (NOC) for tfre proposed IS/MND to the California State Clearinghouse (SCH) on March 9, 2020. In accordance with Section 15105(b) CEQA Guidelines, the public review and comment period began on March 9, 2020 and ended on April 7, 2020;and
WHEREAS, on November 19, 2020, the SCC Board subsequently adopted the Final IS/MND (Exhibit A) and approved $3,000,000 in funding to the City of Richmond for the proposed Project; and
WHEREAS, the IS/MND included a Mitigation Monitoring Reporting Program ("MMRP")(Exhibit B) which addresses the potential impacts of the proposed project. The IS/MND identified potential impacts in the areas of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Noise, Tribal Cultural Resources, and Mandatory Findings of Significance, Mitigation measures were adopted to assure that these potential impacts are avoided or reduced to less-than-significant levels; and WHEREAS, on March 16, 2021, the Richmond City Council held a public meeting to consider adoption of the Final MND and acceptance of $4,150,000 of grant funds from the SCC for the proposed project.
Rero. No. 30-21
NOW, THEREFORE, BE IT RESOLVED that, after hearing all interested persons and considering all relevant evidence, the Council finds and determines as follows:
1. The Project Final MND, consisting of the Final MND (Exhibit A), and the Mitigation Monitoring and Reporting Program (Exhibit B), have been completed in accordance witii the requirements of the California Environmental Quality Act, and the State CEQA Guidelines (14 Cal. Code Regs Section 15000et.seq);
2. The Final MND for the project was prepared, published, circulated and reviewed in accordance with tfae requirements ofCEQA, and the State CEQA Guidelines, and constitutes an adequate, accurate, objective, and complete MND in accordance with the requirement ofCEQA statues and the State CEQA Guidelines;
3. The Final MND for the project has been reviewed and found adequate by the City Council prior to authorizing the initiation of the bidding process for the work, and the Final MND reflects the independent judgment and analysis of the City; and
4. The Initial Study for the Project identifies potentially significant effects on the environment; however, revisions to the Project and incorporation of the mitigation measures in the Project will reduce any and all significant adverse environmental impacts to a less-than-significant level. Tliere is no substantial evidence in the record that the resulting Project, in light of the whole record before the Council, will have a significant effect on the environment.
5. Authorizes any person holding any of the following positions with the applicant to act as a representative of the applicant and to negotiate and execute on behalf of the. grantee all agreements and instruments necessary to comply with the Conservancy s grant requirements, including, without limitation, the grant agreement: City Manager or their designee.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby adopt the Final Mitigated Negative Declaration, which consists of the Final MND and MMRP dated May 1, 2018; hereby accepts and appropriates the State Coastal Conser/aacy grant funds for the Project; and authorizes the City Manager, or their designee, to enter into the necessary funding agreements with the SCC or amendments thereto for the Project.
Exhibit A: Mitigated Negative Declaration
Exhibit B: Mitigation Monitoring and Reporting Program
It********************
Reso. No. 30-21
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held March 16, 2021, by the following vote:
AYES:
Approved:
THOMAS K. BUTT
Mayor
Approved as to form:
TERESA STRICKER
City Attoroey
Councilmembers Bates, Jimenez, Martinez, Mc.Laughlin,
Willis, Vice Mayor Johnson III, and Mayor Butt.
NOES:
ABSTENTIONS:
ABSENT;
None.
None.
None.
PAMELA CBRISTIAN
CLERK OF THE CITY OP RICHMOND
(SEAL)
State of California
County of Contra Costa
City of Richmond
: ss.
I certify that the foregoing is a tme copy of Resolution No. 30-21, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on March 16, 2021.
^UA<A_ G^5^—-~
Pamela Christian, Clerk of the City of Richmond
Reso. No. 30-21
STATE OF CALIFORNIA
State Coastal Conservancy
GRANT AGREEMENT
Grant - Rev 11/20
THIS AGREEMENT is entered into this August day of
State of California, by and between:
AGREEMENT NUMBER
21-016
AM. NO.
TAXPAYERS FEDERAL EMPLOYER
IDENTIFICATION NO.
94-6000403
26_, 2021 in the
State Coastal Conservancy
GRANTEE'S NAME
City of Richmond
and
I. SCOPE OF AGREEMENT
Pursuant to Chapter 4.5 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of Richmond ("the grantee") a sum not to exceed $3,252,273 (three million two hundred fifty-two thousand two hundred seventy-three dollars) ("funds"), subject to this agreement. (Continued on the following pages)
The provisions on the following pages constitute a part of this agreement.
This agreement has been executed by the parties as shown below.
STATE OF CALIFORNIAGRANTEE
AGENCY
State Coastal Conservancy
GRANTEE (It other than an individual, state whethera corporation, partnership, etc.) City of Richmond
BY. (Authorized Signature)BY (Authorized Signature)
^I^Uyti ^WM^L
PRINTED NAME AND TITLE OF PERSON SIGNING
Mary Small, Interim Executive Officer
PRINTED'RAMEAND TITLE OF PERSON SIGNING
Joe Leach, Public Works Director
ADDRESS & PHONE NUMBER
1515 Clay Street, 10th Floor
Oakland, CA 94612
ADDRESS & PHONE NUMBER
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510)286-1015Phone: (5-10) 620-6530
AMOUNT ENCUMBERED BY
THIS DOCUMENT
$3,252,273.00
PRIOR AMOUNT
ENCUMBERED FOR THIS
AGREEMENT
$-0-
TOTAL AMOUNT
ENCUMBERED TO DATE
$3,252,273.00
PROGRAM/CATEGORY
Other Capital Outlay
FUNDTITLBPROPNO.
BCDC Permit Fees/ SF Bay Area
Conser/ancy - Coastal Trust Fund
3760-801-802900013(H)
3760-801-802900001(K)
3760-801-802900001(M)
= $229,574.00
$1,950,293.00
$1,072,406.00
224
224
224
STATUTE
2004
2004
2004
FISCALYEAR
04/05
04/05
04/05
PROJECT NAME
Terminal Four Wharf Removal Project
IJiereby certify upon my own personal-knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. "NAMEANDSiGNATORE OF ACCOUNTING OFFICER
Aun^d AWfll
"D"
DATE
9/2/2021
I certify that this
agreement is exempt
from Department of
General Services'
approval.
Erlinda Corpuz
Procurement and
Contracts Manager
City of Richmond
Grant Agreement No. 21 -016
The grantee shall use the funds to complete the following project ("the project") at Terminal Four Warehouse at Point San Pablo, City of Richmond, Contra Costa County, as shown on Exhibit 1, which is incorporated by reference and attached.
The project consists of final design, including cost estimate confirmation; obtaining regulatory permits; and implementing the Terminal Four Wharf Removal Project, which includes demolishing derelict pilings, decking, and two buildings; sorting and safe disposal of the material; constructing enhanced rock slope protection that incorporates "living" habitat elements; post-project monitoring of the eelgrass bed and enhanced rock slope protection; and reporting.
The Terminal Four site is owned by the grantee and is managed by the City's Port Operations Department (Port of Richmond). The site is located on the western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo.
The grantee shall carry out the-project in accordance with this'agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project.
II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shall not begin construction of the project and the Conserv-ancy s'hall not be obligated to disburse any funds unless and until the following conditions precedent have been met:
1. The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee.
2. The Executive Officer of the Conservancy ("the Executive Officer") has approved in writing:
a. A work program for the project, as provided in section "VI. WORK PROGRAM." b. A plan for installation of signs and acknowledgment of Conservancy support, as provided in section "VII. SIGNS AND ACKNOWLEDGMENT."
c. All contractors that the grantee intends to retain in connection with the project. The grantee must provide written evidence to the Conservancy that each contractor has complied with the bonding requirements described m section "VIII. BONDING."
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Grant Agreement No. 21 -016
3. The grantee has provided written evidence to the Conservancy that:
a. All permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. b. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in section "XVII. INSURANCE." Notwithstanding-the above, the grantee may begin to prepare plans and specifications, and conduct engineering work upon meeting conditions precedent no. 2 and no. 3, and upon the Executive Officer's review and approval of a separate work program for preparation of the plans, specifications, and engineering work (tasks, budget and timeline) and approval of any contractors that the grantee will retain to perform such work.
III.ADDITIONAL GRANT CONDITIONS
None.
IV. TERM OF AGREEMENT
This agreement shall take effect when signed by both parties and received in the offices of the Conservancy together with the resolution described in section "II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT." This agreement may be signed electronically using a process specified by the Conservancy.
This agreement shall run from its effective date through August 30, 2048 ("the termination date") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by August 30, 2028 ("the completion date").
The grantee shall deliver a final Request for Disbursement to the Conservancy no later than September 30, 2028.
V. AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at its November 19, 2020 and March 25, 2021 meetings, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit 2 aad 3. This agreement is executed under that authorization.
City of Richmond
Grant Agreement No. 21 -016
Standard Provisions
VI. WORK PROGRAM
Before beginning construction, the grantee shalFsubmit a detailed work program to the Executive Officer for review and written approval of its consistency with the purposes of this grant agreement. The work program shall include:
1. Construction plans and specifications that have been certified by a licensed architect or registered engineer, or approved by the grantee's Public Works Director.
2. A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date.
3. A detailed project budget. The project budget shall describe all labor and materials costs of completing each component of the project, including the grantee's labor and materials costs and costs to be incurred under a contract with any third party retained by the grantee for work under this agreement. For each project component, the project budget shall list all intended funding sources, including the Conservancy's grant, and all other sources of monies, materials, or labor. The grantee shall review the plans with Conservancy staff, on-site if feasible.
4. A list of best management practices that will be implemented to reduce the project's greenhouse gas emissions.
If all or any part of the project to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee, the grantee shall submit to the Executive Officer for review and approval the names and qualifications of the contractors.
The work program shall have the same effect as if included in the text of this agreement.
However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control.
The grantee shall construct the project in accordance with the approved work program.
VII. SIGNS AND ACKNOWLEDGMENT
Prior to beginning the project, the grantee shall submit, for review and written approval by the Executive Officer, a plan for the installation of signs and acknowledgment of Conservancy
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Grant Agreement No. 21-016
support. Except as the Executive Officer agrees otherwise, the plan shall commit the grantee to mention the Conservancy's support in its prqject-related press releases, contacts with the media, and social media postings, and on its website.
The plan shall commit the grantee to install and maintain a sign or signs visible from the nearest public roadway identifying the project, acknowledging Conservancy assistance and displaying the Conservancy's logo. The Conservancy shall provide to-the grantee specifications for the signs.
VIII. BONDING
If the grantee intends to use any contractors on any portion of the project to be funded under this agreement, construction shall not begin until each contractor has furnished a perfonnance bond in favor of the grantee in the followmg amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any contract for less than $20,000.
Any bond furnished under this section shall be executed by an admitted corporate surety insurer licensed in the State of California.
DC. COSTS AND DISBURSEMENTS
When the Conservancy determines that all conditions in section "II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section.
The witKholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee's satisfactory progress under the approved work program, and-upon the grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion of construction and compliance with section "XI. PROJECT COMPLETION," and upon the Conservancy's acceptance of the project.
Upon the completion of any project task identified in the work program to the satisfaction of the Conservancy, the Conservancy may disburse the funds withheld for that task, provided that the grantee has complied with the "PROJECT COMPLETION" section, below, with respect to the project task. The final disbursement, together with amounts earlier withheld and not subsequently disbursed, shall be made upon the grantee's satisfactory completion of construction
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Grant Agreement No. 21 -016
and monitoring of the project and compliance with the "PROJECT COMPLETION" section of this agreement, and upon the Conservancy's acceptance of the project.
Hourly rates billed to the Conservancy shall be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The grantee shall requu'e its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Conservancy. The Conservancy will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses at actual costs not to exceed the state employee rates as identified on the California Department of Human Resources (CalHR) website under travel reimbursements for state employees. Except for rates for operating a private vehicle, the Conservancy may reimburse in excess of the state employee rates upon documentation that these rates are not reasonably available to the grantee. The Conservancy wffl reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and. other relevant factors.
The grantee shall request disbursements by filing with the Conservancy a fully executed "Request for Disbursement" form (available from the Conservancy). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including tkne, materials, and expenses incurred of all work done for which disbursement is requested. The form shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement.
An authorized representative of the grantee shall sign the forms. Each form shall be accompanied by:
1. All receipts and any other source documents for direct expenditures and costs that the grantee has incurred.
2. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing.
3. A progress report summarizing the-current status of the project and the work for which the grantee is requesting disbursement.
4. Written substantiation of completion of the portion of the project for which disbursement is requested.
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Grant Agreement No. 21-016
The grantee's failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee until the grantee corrects all deficiencies.
X. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS
No increase in the total amount of this grant will be valid unless set forth in a written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget.
Expenditure on items contained in the approved project budget, other than overheard and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Conservancy and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved m advance and in writing by the Executive Officer. The Conservancy may withhold payment for items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement.
XI. PROJECT COMPLETION
Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report by the final Request for Disbursement date set forth in section "IV. TERM OF AGREEMENT" that includes:
1. A report certifying completion of the project according to the approved work program, including photographs documenting project completion.
2. Documentation that signs are installed as required by section "VII. SIGNS AND ACKNOWLEDGMENT."
3. A fully executed final "Request for Disbursement." A "final Request for Disbursement" means a Request for Disbursement that includes the withheld amounts and all-remaininj amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement.
4. A final inspection report by a licensed architect or registered engineer or the grantee's Public Works Director, and a copy of "as built" drawings of the completed project.
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Grant Agreement No. 21-016
The Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to the grantee a letter of acceptance of the project and release the withhold amount pursuant to section "DC. COSTS AND DISBURSEMENTS." The project shall be deemed complete as of the date of the letter.
XII. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing.
Before the project is complete, the Conservancy may terminate or suspend-this agreement for any reason by providing-the grantee with seven days notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy shall be responsible for any reasonable and non-cancelable obligations incurred by fhe grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement shall remain in effect until farther written notice from the Conservancy authorizes work to resume.
If the grantee fails to complete the project as requu-ed, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating cu-cumstances and not require repayment for work partially completed. This paragraph shall not be deemed to-limit any other remedies the Conservancy may havje for breach of this agreement.
Before the project is complete, the grantee may terminate this agreement for any reason by providing the Conservancy with seven days notice in writing and repaying to the Conservancy all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed.
The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section.
The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.
City of Richmond
Grant Agreement No. 21 -016
XIII. OPERATION AND MAINTENANCE
The grantee shall use, manage, maintain and operate the project throughout the term of this agreement consistent with the purposes for which the Conservancy's grant was made. The grantee assumes all operation and maintenance costs of these facilities and structures; the Conservancy shall not be liable for any cost ofmamtenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer.
For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures.
XIV. MITIGATION
Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse-changes to the environment elsewhere) of any portion of real property on which the Conservancy has funded construction. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to the Conservancy. As used in this section, mitigation includes, but is not limited to, any use ofthe property in cormection with the sale, trade, transfer or other transaction mvolving carbon sequestration credit or carbon mitigation.
XV. INSPECTIQN
Throughout the term of this agreement, the Conservancy shall have the right to inspect the project area to ascertain compliance with this agreement.
XVI. INDEMNIFICATION AND HOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents, and employees from any and all liabilities,-claims, demands, damages, or costs, including, without limitation, litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors, and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents, or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil
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Grant Agreement No. 21 -016
Code section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq.
The grantee waives any and all-rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents, or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this agreement.
The obligations in this section "XVI. INDEMNIFICATION AND HOLD HARMLESS" will survive termination of this agreement.
XVII. mSURANCE
The grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the grantee or its agents, representatives, employees, or contractors associated with the-project undertaken pursuant to this agreement.
As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage requu-ement in whole or in part through: (a) its contractors' procurement and maintenance of_insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee's.participationin a "risk management" plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.
The grantee shall maintain property insurance, if required below, throughout the term of this agreement. Any required errors and omissions liability insurance shall be maintamed from the effective date through two calendar years after the completion date. The grantee shall maintain all other required insurance from the effective date through the completion date.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office ("ISO") Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable.
b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto). c. Workers' Compensation insurance as required by the Labor Code of the State of California, and Employer's Liability insurance.
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Grant Agreement No. 21-016
d. Watercraft Liability: If the project will utilize private watercraft, endorsement to Commercial General Liability policy or Protection and Indemnity Insurance. Such insurance shall cover liability arising out of the maintenance and use of any watercraft covering owned, hired and non-owned vessels. e. Course-of-construction (also known as "Builder's Risk") insurance covering all risks of loss. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.)
f. Property insurance covering the loss, damage, or destruction of the facilities or structures constructed under this agreement against fire and extended coverage perils. (Any proceeds of loss payable under this coverage shall-be used to replace, rebuild and/or repair the damaged portions of the facilities and structures constructed under this agreement.)
2. Minimum Limits of Insurance. The-grantee shall maintain coverage limits no less than:
a. General Liability:
(Including operations,
products and completed
operations, as applicable)
b. Automobile Liability:
c. Worker's'Compensation
and Employer's Liability:
d. Watercraft Liability (for
private vessel) coverage, if
required under l.d., above:
$2,000,000 per occurrence for bodily injury,
personal injury and property damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to-the activities under this agreement, or the
general aggregate limit shall be twice the required
oscurrence limit.
$1,000,000 per accident for bodily injury and
property damage.
Worker's compensation as required by law and
Employer's Liability of no less than $1,000,000
per accident for bodily injury or disease.
In the following amounts:
a. Vessels under 30 ft.: $1,000,000 combined
single limit.
b. Vessels over 30 ft. or vessel involved in
research: $2,000,000 combined single limit.
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Grant Agreement No. 21 -016
e. Course of Construction: "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project
with no comsurance penalty provisions.
f. Property Insurance 90 percent of full replacement cost of the facilities or structures.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer.
4. Required Provisions Concerning the Conservancy and the State of California. a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days' prior written notice by first class mail has been given to the Conservancy; or in the event of cancellation of coverage due to nonpayment, after ten days prior-written notice to the Conservancy.
The grantee shall notify the Conservancy within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with evidence of renewal or replacement of the policy. b. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not-the grantee has received a waiver of subrogation endorsement from the insurer.
c. The general-liafcility and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. The State of California, its officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee including materials, parts or equipment furnished in connection with the work or operations.
ii. For any clauns related to this agreement, the grantee's insurance coverage shall be primary insurance as respects the State of California, its officers,
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Grant Agreement No. 21 -016
agents and employees, and not excess to any insurance or self-insurance of the State of California.
iii. The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement.
5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best's rating of "B+: VII" or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer.
6. Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Conservancy may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
7. Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide-and maintain Errors and Omissions Liability insurance appropriate to the contractor's profession and in a reasonable amount m light of the nature of the project with a minimum limit of liability of $1,000,000.
8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy.
XVIII. AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, "required records") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Principles" ("GAAP") published by fe American Institute of Certified Public Accountants. The required records include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the implementation of the project, and the use, management, operation and maintenance of the real property, time and effort reports, and supporting documents that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation.
The Conservancy or its agents may review, obtain, and copy all required records. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall
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Grant Agreement No. 21 -016
permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose ofdeterminmg compliance with this agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Conservancy, and the final year to which the particular records pertain.
The records shall be subject to examination and audit by the Conservancy and the California State Auditor during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractorj-equiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement.
After completing the project, the grantee shall promptly conduct a final financial and compliance audit of revenue and expenditures. An independent Certified Public Accountant shall conduct the audit and prepare a report in compliance with GAAP. In place of performing a separate audit, the grantee may submit to the Conservancy, within a time that-the Conservancy specifies, a copy of the grantee's federal "single audit."
The grantee shall conduct an audit in accordance with Title 2, Code of Federal Regulations, Part 200 (2 CFR 200). The audit shall be conducted at least every two years, completed within twelve months after the end of the grantee's fiscal year, and submitted to the Conservancy within thirty days after the completion of the audit. The Conservancy shall provide tectmical assistance to the grantee, at the grantee's request, for meeting the requirements of 2 CFR 200.
XIX. COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.
XX. NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital stalls, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
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Grant Agreement No. 21-016
veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900-et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The grantee shall permit access by representatives of the Department of Fair Employment and Housing and the Conservancy upon reasonable notice at any time during the normal business hours, but in no case-:less-than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Conservancy shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) The grantee shall include the nondiscrimination^nd compliance provisions of this clause in all contracts to perform work under this agreement.
XXI. AMERICANS WITH DISABILITIES ACT
By signmg this agreement, grantee certifies that it is in-compliance with tKe Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
XXII. PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861.
If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the -performance of any part of the project and othenvise comply with all associated requirements .and obligations.
The grantee is responsible for determining whether the project is subject to prevailing wage-laws, and for complying with all labor laws applicable to the project.. The grantee may also review the Conservancy publication. Information on Current Status of Prevailing Wage Laws for State Coastal Conservancy Grantees (May 2018), available from the Conservancy on request; provided, that this publication is for grantee's informational purposes only, and shall not be
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construed as legal advice to the grantee on whether the grantee's project is subject to prevailing wage laws.
XXIII. UNION ORGANIZING
By signing this agreement, grantee hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to this agreement, and certifies that no state funds disbursed by this agreement will be used to assist,-promote or deter union organizing. If grantee makes expenditures to assist, promote or deter union organizing, grantee agrees to maintain records sufficient to show that no state funds, including the funds provided under this agreement, have been used for these purposes, and shall provide these records to the Attorney General upon request.
XXIV. DRUG-FREE WORKPLACE
The grantee's signature on this agreement constitutes the certification required by Government Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees provide a drug-free workplace by doing all of the following:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying actions that will be taken against employees for violations of the prohibition.
2. Establishing a drug-free awareness program to inform employees about all of the following:
a. The dangers of drug abuse in the workplace.
b. The person's or organization's policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the dmg-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement.
XXV. INDEPENDENT CAPACITY
The grantee, and the-agents and employees of grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California.
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XXVI. ASSIGNMENT
Without the written consent of the Executive Officer, the grantee may not assign this agreement in whole or in part.
XXVII. TIMELINESS
Time is of the_ essence in this agreement.
XXVIII. EXECUTIVE OFFICER'S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee-ofthe designation in writing.
XXIX. AMENDMENT
Except as expressly provided in this agreement, no changes in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties.
Exhibit 1
Exhibit 1: Regional Map
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Exhibit 2
COASTAL CONSERVANCY
Staff Recommendation
November 19, 2020
TERMINAL FOUR WHARF REMOVAL PROJECT
Project No.14-025-01
Project Manager: Marilyn Latta
RECOMMENDED ACTION: Authorization to disburse up to $3,000,000 to the City of Richmond for final design and implementation of the Terminal Four Wharf Removal Project near Point San Pablo, Contra Costa County; and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act.
LOCATION: Point San Pablo, Richmond (Contra Costa County) PROGRAM CATEGORY: San Francisco Bay Area Conservancy
EXHIBITS
Exhibit 1-: Regional Map
Exhibit 2: Map ofthe Terminal Four Wharf
Exhibit 3: Photographs of the Terminal Four Wharf
Exhibit 4: Mitigated Negative Declaration for the Terminal Four Wharf, Warehouse, and Piling Removal Project
Exhibit 5: Mitigation Monitoring and Reporting Program for the Termmal Four Wharf, Warehouse, and.Pilmg^
Exhibit 6: Proiect Letters
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31160-31165 of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of up to $3,000,000 to the City of Richmond for final design and implementation of the-Tenninal Four Wharf Removal Project near Point San Pablo, Contra Costa County; and adopts the "Mitigated Negative Declaration for the Terminal Four Wharf, Warehouse, and Piling Removal Project" ("M ND") and the "Mitigation Monitoring and Reporting Program for the Terminal Four Wharf,
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
Warehouse, and Piling Removal Project," attached as Exhibits 4 and 5 to the accompanying staff recommendation.
Prior to the disbursement of any funds, the City of Richmond shall submit for the review and written approval of the Conservancy's Executive Officer:
a. A work program, budget, schedule, and the names of any contractors to be employed in carrying out the work.
b. Evidence that all required permits and approvals have been obtained for the proposed project.
In carrying out the proposed project, the City of Richmond shall comply with all applicable mitigation and monitoring measures that are required by any permit or approval and with all measures that are identified in the MND adopted by the Conservancy." Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that:
1. The proposed authorization is consistent with Chapter 4.5 of Division 21 of the Public Resources-Code, regarding the resource goals of the San Francisco Bay Area Conservancy Program.
2. The proposed project is consistent with the current Conservancy Project Selection Criteria and Guidelines.
3. The Conservancy has considered the "Terminal Four Wharf, Warehouse, and Piling Removal Project Initial Study/Mitigated Negative Declaration" (MND), attached to the accompanying staff recommendation as Exhibit 5, and any comments received, and finds that, on the basis of the whole record, the proposed project avoids, reduces or mitigates any possible -significant environmental effect of the proposed project and there is no substantial evidence that the proposed project, as mitigated, will have a significant effect on the environment, as defined in 14 California Code of Regulations Section 15382. The MND represents the Conservancy's independent judgment and analysis."
PROJECT SUMMARY
Staff recommends that the Conservancy authorize disbursement of up to $3,000,000 to the City of Richmond for final design and implementation of the Terminal Four Wliarf Removal project, which consists of demolition of derelict pilings, decking, and two buildings, construction of enhanced rock slope protection, and monitoring at Terminal Four near Point San Pablo in Contra Costa County.
The Terminal-Four site is owned by the City of Richmond (the City) and is managed by the Crty's
Port Operations Department (Port of Richmond). The site is located on the western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo (Exhibits 1 and 2).
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
The City has been planning the removal of the creosote-treated piles and deteriorated decking at the Terminal Four site for a number of years, and removal of these structures will achieve the following goals:
1. Increase the ecological health of San Francisco Bay by removing derelict pilings, including those containing creosote-treated wood, and large amounts of artificial fill and solid debris from the Bay floor and waters;
2. Improve spawning and development success of Pacific herring through removal of the creosote-treated piles, which have been shown to have detrimental -effects on early life history stages of Pacific herring;
3. Maintain the existing degree of shoreline protection while avoiding activities that would increase the current degree of erosion potential along that portion or adjacent portions of the coastline; and
4. Protect and enhance the existing eelgrass beds and other biological'resources.
In addition, the pr-oject will help to increase climate resiliency by cleaning up this area of the shoreline and strengthening the natural eelgrass and oyster habitats, which act as green infrastrueture that provides nature-based adaptation to climate change impacts such as sea level rise and shoreline erosion.
The Conservancy has been supporting this project since 2017, primarily through facilitating funding and takmg the lead on design and environmental review. Previous authorizations by the Board and-the Executive Officer have enabled habitat restoration and coastal processes assessments, upon which preparation of environmental documentation, 60% designs, and permit -applications (submitted September 2020) have been based.
Th project proposed for this funding authorization consists of completing designs; demolishing the decking, warehouse and dockmasters office, and all pilings; sorting and safe disposal of the material; eonstmction ofa350-foot portion of rock slope protection that incorporates "living" habitat elements such as native plantings at the crown, cobbles with native seaweeds embedded into the face of the rock, and oyster reef elements incorporated into the toe of the rock slope;and post-project monitoring of the eelgrass bed and the enhanced rock slope protection. Removal designs take into account that there is a range of estimates of current number of pilings and volume of debris, as described in the "Site Description" section, below.
Site Description: The Richmond Terminal Four Wharf Removal site is near the northwestern tip of Point San Pablo (see Exhibit 1) and extends along a mbble-armored shoreline at the north and central portions of the pier and in front of a small cove at-the southern end of the pier (see Exhibit 2). Based on a review of historic bay charts, the Terminal Four structures were built sometime between 1850 and 1915. However, other sources list them as being built in the 1930's and being initially used for handling and processing fish. The site was used primarily over the years for storage, distribution and processing of vegetable and animal oils, petroleum fuels and additives, and other chemicals. Storage tanks on the shore were used to supply ships docked at the wharf. Two companies, Vopak and United Molasses, each leased portions of the property from the City. Photos from 1938 (Exhibit 3) shows ships secured to the south end of the wharf.
Exhibits 2 and 3 show the key site features of the Terminal Four Wharf Removal site which include:
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
Approximately 2,150 standing piles, of three types described below, A 1,000 foot long wharf area of deteriorated wood creosote decking, • An 1,100 square foot office building,
A deteriorated wooden warehouse located over the water with a footprint of about 12,800 square feet, and,
• Up to 2,700 tons of debris on the bay bottom with material that has already sunken into the bay.
According to a survey conducted by the San Francisco Estuary Institute (SFEI) in 2009 of the entire San Francisco Bay region (Subtidal Goals 2010), there were approximately 2,500 pilings at the Terminal 4 Wharf site. More recently, as part of the design process, Merkel & Associates (2014) conducted a survey largely by interferometric sidescan sonar, which resulted in slightly lower estimates of piles ranging from 2,127 to 2,347 total piles within the structure. In 2019 C&W Divers were hired to assess the structure a third time, and they noted 2,150 pilings still standing and up to 2,700 tons of concrete, wood, and other debris on the bay-floor. This data shows the substantial deterioration over a short period of time, and the struetures have degraded further since 2019. However, since the collapsed beams and decking material can block sidescan sonar, and visibility is limited due to the structures and due to high turbidity (suspended sediment) in the bay, there remains substantial uncertainty regarding the piling count, which has been taken into consideration during design.
Three types of pilings are primarily present at-the site: creosote-treated woodpiles, creosotetreated woodpiles later encased in concrete and precast concrete piles. There are also a small number of steel-encased pilings as well as rubber fenders on the side of the wharf facing the bay. Merkel & Associates estimated that up to 90% of the piles at Terminal Four are either wood encased in concrete or made of solid concrete. The concrete encasem&nt design suggests these piles were wrapped at the time of initial construction rather than a later repair retrofit. The majority of the unwrapped wooden piles on the structure are either fender piles along the western margin of the wharf, or batter piles within the framework of the pier itsel£ Project History: The proposed project is the result of numerous planning efforts in the Bay over the last two decades to address the growing recognition that creosote, a by-product of the coal and coke industry used to protect marine structures from decay, is toxic to fish and other marine organisms. Resource managers have been particularly concerned about the potential to the herring fishery m the Bay since herring lay eggs on pilings and creosote can cause impacts such as mutations in developing herring eggs.
In 2010, the Conservancy, the San Francisco Bay Conservation and Development Commission (BCDC), the National Oceanic and Atmospheric Administration CNOAA), and the San Francisco
Estuary Partnership led development of the San Francisco Subtidal Habitat Goals Report (Subtidal Goals Report), a 50-year conservation plan for how to move forward with sciencebased research, protection, and restoration of subtidal habitats in the San Francisco Bay. The report included a study titled "Remov-a'-of Creosote-Treated Pilings and Structures from San Francisco Bay," which described the negative impacts of creosote-treated pilings on the marine environment, mapped a total of 33,000 derelict pilings and their locations around San Francisco Bay, and described methods for removal of these pilings. However, the study noted that abandoned pilings also provide benefits that need to be taken into account when considering
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
removal actions. Old pilings may have historical significance. They also can serve as perches for sea birds, enhance sediment accumulation behind pilings, and increase protection from wave action, thus enhancing conditions to support for eelgrass habitat.
In 2013, the Conservancy used National Fish and Wildlife Foundation (NFWF) funding to retain the professional services ofAECOM to design a related, but separate, creosote-treated piling removal project at the Red Rocks Warehouse, a site adjacent to Terminal Four. Demolition was completed in Fall 2016, and a living shoreline with oyster reef elements and eelgrass plantings was installed in 2018 and 2019. This effort also analyzed and prioritized the many abandoned piling sites in San Francisco Bay for removal and site restoration, and the Terminal Four site was found to be a high priority for creosote piling removal.
In July 2014, the Conservancy retained AECOM'to develop 30% design plans for the Terminal Four site, under the Executive Officer's delegated authority ($75,494). In April 2017, the Conservancy Board authorized $500,000 (later augmented by $57,841) for Environmental Science Associates (ESA) to complete 60% design, CEQA documentation, and preparation of permit applications.
Th& proposed project is part of a continumg effort by the Conservancy to promote long-term management and restoration of subtidal habitat in the San Francisco Bay. The piling removal projects complement the Subtidal Habitat Goals Project, which recommended using a pilot project approach to remove artificial structures and-creosote pilings at targeted sites in combination with active or passive restoration of natural habitats that provide environmental benefits with reduced engineering of hard structures (a "living shoreline").
PROJECT FINANCING
Coastal Conservancy
BCDC - Caltrans* $162,944
Chevron* $210,000
Water Emergency Transportation Authority* $ 1,230,000
Pacific Gas and Electric $ 1,680,000
City of Sausalito* $33,480
Port of San Francisco* $101,160
TransBay Cable LLC* (check pending) $ 19,602
Accumulated interest (estimate to-date) 162,814
San Francisco Bay Restoration Authority (unsecured) $3,000,000 Project Total $6,000,000
* mitigation funds - see specific descriptions below
Conservancy funds for this project will consist of mitigation funds paid to the Conservancy to satisfy conditions of regulatory permits, and settlement agreement funds, both of which have been placed in accounts within the Conservancy's Coastal Trust Fund that were established expressly for the Richmond Terminal Four Wharf Removal Project. The specific fund sources and purposes are as described below.
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
BCDC agreed to provide mitigation funds received from Caltrans in 2004 as permit condition for work on the Richmond-San Rafael Bridge. The Conservancy is using these funds with input from the City, BCDC, and NOAA.
Chevron agreed to provide mitigation funds in 2015 as a BCDC permit condition for work on the Chevron Long Wharf in Richmond. The Conservancy is using these funds with input from the City, BCDC, and the State Water Resources Control Board (SWRCB).
The Water Emergency Transportation Authority agreed to provide mitigation funds in 2015 as a BCDC permit condition for work on the San Francisco Ferry Terminal. The Conservancy is using these funds with input from the City, BCDC, and SWRCB.
Pacific Gas and Electric agreed to provide funds in 2018 as part of a legal settlement with the San Francisco Herring Association for federal Clean Water Act violations at former manufactured gas plants in San Francisco. The Conservancy is using these funds with input from the City, San Francisco Herring Association, and Pacific Gas and Electric.
The City of Sausalito agreed to provide mitigation funds in 20T9 as a SWRCB permit condition for public access improvements at Dunphy Park m Sausalito. The Conservancy is using these funds with input from the City and SWRCB.
The Port of San Francisco agreed to provide mitigation funds in 2019 as a BCDC permit condition for work on the Mission Bay Ferry Tenninal in San Francisco. The Conservancy is using these funds with input from the City, BCDC, and SWRCB.
TransBay Cable LLC agreed to provide mitigation funds in 2020 as a BCDC permit condition for work on the TransBay Cable in central San Francisco Bay. The Conservancy is using these funds with input from the City, BCDC, and SWRCB.
The City submitted an application for the remaining funding of approximately $2.5 million to the San Francisco Bay Restoration Authority in October of 2020. If the City is not successful in obtaining the remaining funding from the Restoration Authority, Conservancy staff will assist the City in identifying other sources of funding.
Finally, as described in the "Project History" section above, prior funds ($364,782 ofBCDC Caltrans Mitigation Funds and $276,000 of the NOAA PSMFC grant funds) have ah-eady been expended on project design, permitting, and environmental review.
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
The proposed project is consistent with the requirements to Chapter 4.5, Sections 311603 1165, of Division 21 of the Public Resources Code regarding resource goals in the San Francisco Bay Area.
Under Section 31162(b), the Conservancy may undertake projects and award grants in the ninecounty San Francisco Bay Area to achieve the goal of protecting, restoring and enhancing natural habitats. Consistent with this-section, the proposed project will demolish pilings-that are adversely impacting subtidal habitat, and conduct post-constmction monitoring. The project will protect, restore and enhance subtidal habitats in an estuary of regional importance within the Bay Area.
Under Section 31163(a), the Conservancy is required to cooperate with BCDC, other regional government bodies, and other interested parties in identifying and adopting long-term resource
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
goals for San Francisco Bay area. This project is part of a program of activities that came about from the collaborative planning of four primary agencies that developed the San Francisco Bay Subtidal Habitat Goals: the Conservancy, BCDC, NOAA, and SFEP.
The proposed project is appropriate for prioritization under the selection criteria set forth in Section 31163(c) in that: (1) it is consistent with the San Francisco Bay Plan ("Bay Plan"), as described below, and the Subtidal Habitat Goals report; (2) it involves the coordination of environmental solutions across several different agencies and many different jurisdictions within the San Francisco Bay Area; (3) it will be implemented in a timely manner, as construction is anticipated to begin summer 2022 if possible; (4) the availability of grant and mitigation funds to restore subtidal habitat provides an opportunity for restoration activities that could be lost if the Project is not quickly implemented; and (5) includes matching funds.
In addition, under Section 31165, the Conservancy may undertake projects and award grants for activities that are compatible with the preservation, restoration, or enhancement of ocean, coastal and bay resources. Undertaking the proposed project is consistent with and helps to achieve these goals by providing design, planning, and restoration project implementation for habitat protection, restoration and enhancement projects involving subtidal habitats in the Bay.
CONSISTENCY WITH CONSERVANCY'S 2018-2022 STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
Consistent with the objectivesJ.isted below for the Conservancy's 2018-2022 Strategic Plan,the proposed project will further the enhancement of San Francisco Bay by removing derelict fill and marine debris, and promoting monitoring and management by landowners and other partners.
Consistent with Goal 8, Objective B, the proposed project will plan a debris removal and habitat enhancement project in San Francisco Bay, advancing the planning and design of adaptation projects to increase resilience to sea level rise and other climate change-impacts. Consistentwith Objective C, the project will implement these projects to increase resilience to sea level rise or other climate change impacts using nature-based solutions and other multi-benefit strategies.
Consistent with Goal 12; the project will contribute to "protect and enhance natural habitats and connecting corridors, watersheds, scenic areas, and-other open-space resources of regional importance in the Bay Area," and the project meets Objective 12D, "enhance tidal wetlands, managed wetlands, seasonal wetlands, upland habitat, and subtidal habitat." Consistent with GoallS, Objective C, the project involves working "with partner organizations to achieve conservation, climate adaptation, and public access objectives through project facilitation^ technical assistance, grant writing, workshops, webinars, and the development and sharing of scientific and management resources, including lessons learned from innovative, multi-objective projects/'
CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA & GUIDEUNES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and Guidelines, last updated on October 2, 2014, in the following respects:
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
Required Criteria
1. Promotion of the Conservancy's statutory programs and purposes: See the "Consistency with Conservancy's Enabling Legislation" section above.
2. Consistency with purposes of the funding source: See the "Project Financing" section above.
3. Promotion and implementation of state plans and policies: The proposed Project will promote and implement the following state plans and policies:
a. Son Francisco Bay Subtidal Habitat Goals Report (2010, jointly authored by the State Coastal Conservancy, California Ocean Protection Council, NOAA NMFS and Restoration Center, San Francisco Bay Conservation and Development Commission, and San Francisco Estuary Partnership), which is a 5 0-y ear Conservation Plan for submerged habitats in San Francisco Bay and which recommends the removal of derelict piling structures in San Francisco Bay.
4. Support of the public: The project is supported by NOAA, BCDC, and the City of Richmond. The Project also has broad public support from non-govemmental organizations such as Baykeeper and others.
5. Location: The project is located in Richmond, Contra Costa County within the San Francisco Bay Area, and will be carried out within known creosote hotspot locations and within Pacific herring spawning areas within the central portion of the Bay, consistent with Section 31162 of the Public Resources Code.
6. Need: The proposed project would not occur without Conservancy participation, including administration of the funding from BCDC, Chevron, WETA, PG&E, City ofSausalito, Port of San Francisco, and TransBay Cable LLC.
7. Greater-than-local interest: In creating the San Francisco Bay Area Conservancy Program, the legislature identified San Francisco Bay as the central featire in an interconnected open- space system of watersheds, natural habitats, scenic areas, agricultural lands and regional trails of statewide importance. This project will'help develop new approaches to removing creosote pilings from the Bay system and new techniques for restoration of shoreline and subtidal habitats in San Francisco Bay. The techniques and designs resulting from the project may have applicability at other sites in San Francisco Bay and m other estuarine systems on the Pacific Coast.
8. Sea level rise vulnerability: This project helps to improve resiliency of natural habitats, which is one of the overarching recommendations in climate change adaptation plamiing.
The Projectitself involves the removal ofvuhierable structures and will not result in increased vuhierability to sea level rise.
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
Additional Criteria
9. Urgency: Without Conservancy involvement, and funding from BCDC, Chevron, WETA, PG&E, City of Sausalito, Port of San Francisco, and TransBay Cable LLC, the project would not occur at this time in San Francisco Bay.
10. Resolution of more than one issue: The project will remove toxic pollutants from the Bay ecosystem, remove navigational hazards, implement subtidal habitat restoration designs, and will result in lessons learned that can be applied to additional sites.
11. Leverage: The funding from BCDC, Chevron, WETA, PG&E, City ofSausalito, Port of San Francisco, and TransBay Cable LLC will help cover Conservancy staff time, maximizing leverage of staff resources with minimal Conservancy fiscal outlay. Furthermore, no Conservancy funds are proposed in this authorization, which leverages funds provided by the Conservancy for earlier planning stages.
13. Innovation: The project will implement recommendations in the San Francisco Bay Subtidal Habitat Goals Report and continue to build on new, mnovative techniques used on earlier creosote piling removal and subtidal habitat restoration projects within San Francisco Bay.
15. Realization of prior Conservancy goats: See "Project History" section above.
16. Cooperation: The project is a collaborative project involving many agencies. The Conservancy is the lead agency,-and supporting partners include PSFMC, NOAA, City of Richmond, Department of Fish and Wildlife, BCDC, San Francisco-BayKeeper, The Watershed Project, Chevron, WETA, PG&E, City ofSausalito, Port of San Francisco, and TransBay Cable LLC and many others.
17. Minimization of Greenhouse Gas Emissions: The proposed project will consider measures during the planning process and in the environmental analysis to minimize emissions throughout implementation of the project. These measures will be considered and applied as possible: a) work to be undertaken by local staff, contractors and grantees; b) use of recommended regional construction best management practices; and c) use of materials and equipment for the project that are purchased from local vendors, where feasible.
CONSISTENCY WITH SAN FRANCISCO BAY PLAN:
The San Francisco Bay Plan ("Bay Plan") was completed and adopted by BCDC in 1968 pursuant to the McAteer-Petris Act of 1965 and last amended in October 2011. The Bay Plan guides BCDC's management and permitting decisions in the Bay. The project is consistent with the following policies articulated in Part HI, Findings and Policy Section of the Bay Plan:
Subtidal Areas Policy 5 (adopted April 2002): "The [BCDC] shoul-d continue to support and encourage expansion of scientific-information on the Bay's subtidal areas, including:
(a) inventory and description of the Bay's subtidal areas; (b) the-relationship between the Bay's physical regime and biological populations; ...(e) where and how restoration should occur."
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
The proposed project will assist in implementation of this policy by providing additional data on best techniques for restoration at a specific site, describe the densities, locations, and species associated with subtidal habitats at that site, and conduct five years of monitoring on herring presence before and after construction.
Fish, Other Aquatic Organisms and Wildlife Policy 1 (amended April 2002); "To assure the benefits of fish, other aquatic organisms and wildlife for future generations, to the greatest extent feasible, the Bay's tidal marshes, tidal flats, and subtidal habitat should be conserved, restored and increased."
The project is consistent with this policy because it will restore and increase subtidal habitat in San Francisco Bay.
COMPLIANCE WITH CEQA:
The Conservancy, as lead agency under the California Environmental Quality Act ("CEQA") has prepared an mitigated negative declaration for the project titled the Terminal Four Wharf, Warehouse, and^Pilin^Removal Prpiect Initial Study and Mitigated Negative Declaration ("MND"). The MND describes the proposed project and provides an assessment of the project's potential significant adverse impacts on the environment. The MND concludes that the proposed project will not have any significant effects on the environment after implementation of project design features,-conservation measures, avoidance and minimization and mitigation measures, and best management practices.
The MND was prepared in accordance with CEQA (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (California Code of Regulations Title 14, section 15000 et seq.). The Conservancy released the proposed MND for public review on April 9,2020.
The MND indicates that the proposed project will not have a significant effect on the environment with incorporation of certain mitigation measures. The only potential effects, for which mitigation is proposed, are in the areas of Aesthetics, Air Quality, Biological Resources, Cultural Resources,"Noise, Tribal Cultural Resources, and Mandatory Findings of Significance.
The Conservancy's grantee will be responsible for compliance with the mitigation measures.
The potential significant effects and the mitigation measures are described below.
Aesthetics
Portions of work in the tidal zone may require intermittent nighttime construction work (i.e., between the hours of 5:00 p.m. and 7:00 a.m.), which would require lighting at the working face.
Constmction-related lighting would occur intermittently during the six-month construction period. There is no public access to the project site, and the intervenmg topography shields the site from publicly accessible views from the landward direction. The nearest receptor that could be adversely affected by construction lighting is the East Brother Light Station, a Victorian-era lighthouse-that also serves as a bed and breakfast inn, located approximately 1,000 feet to the west. To ensure that nighttime lighting does not adversely affect receptors at the East Brother Light Station, SCC would implement Mitigation Measure AES-1, Constmction Lighting.
After demolition and constmction activities are complete, there would be no operationsrelated lighting. For these reasons, the project would not create a new source of substantial light or glare
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
that would adversely affect daytime or nighttime views in the area, and the impact would be less than significant.
Mitigation Measure AES-1: Construction Lighting.
SCC will require the contractor to direct nighttime lighting used during construction toward the work face and away from the East Brother Light Station to the extent possible.
Air Quality
Demolition and construction activities would result in emissions of ozone precursors and criteria pollutants from the operation of off-road construction equipment (listed in Table 2-2 in the Project Description) and vehicle exhaust from vehicles transporting workers, construction materials and debris. In addition, water-based sources such as tugboats used to steer barges and work skiffs also produce air pollutants. Criteria pollutant emissions from off-road demolition and construction equipment as well as worker and truck trips were estimated using the most recent version of the California Emissions Estimator Model (CalEEMod version 2016.3.2) using data on construction schedule and phasing, types and number of construction equipment used in each phase, and truck trips generated based on material and-debris volumes estimated to be transported. Based on estimates of potential debris volumes that may need to be removed from the site, this analysis assumes that pile removal would require approximately 18 barge trips from the project site to the Port of Richmond's Terminal 3 sorting facility, the Port of San Francisco's Pier 96, or another facility determined by the contractor, and approximately 35-0 tmck trips from Terminal 3 or Pier 96 to one of the four planned disposal sites (assumed to be Potrero Hills Landfill iirSuisun City for this analysis). In addition,- approximately 230 haul tmck trips would be needed to transport spoils from the project site (again, the assumed disposal site is the Potrero Hills Landfill) and approximately 330 tmck trips to transport ESRP construction materials to the project site (-refer to Table 2-3 for average and peak daily tmck trips). The analysis assumes a one-way trip length of 39 miles from the Port of Richmond to the Potrero Landfill and 46 miles from the projeclrsite to the Potrero Landfill.
CalEEMod default trip lengths for Contra Costa County were assumed for other hauling trips.
Emissions from tugboats that would steer barges and work skiffs were estimated using marine diesel and gasoline engine emission factors, respectively, from the U.S. Environmental Protection Agency (U.S. EPA). Details of the calculations, including constmction schedule and phases, equipment types and numbers used in each construction phase, worker vehic-le and truck trips, number of working days, etc., are presented in Appendix B. The average daily emissions were calculated by adding the emissions from all the construction phases and dividing the total by the number of construction workdays (after taking into account any overlapping of phases).
Table 3-1 presents estimated project constmction emissions.
TABLE 3-1
DEBRIS REMOVAL ACTIVITIES EMISSIONS'
Source average Daily Emissions (pounds/day)
ROG NOx Exhaust PMio I Exhaust PMz-s
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
2.0 I 1.9
0.1 I 0.1
0.2 I 0.2
2.3 I 2.2
82 I 54
No ; I No
0.1 ! 0.1
0.1 I 0.1
0.2 I 0.2
X1.4 I 0.4
82 ! 54
No I No
NOTES:
a For purposes of modeling, emissions were assumed to occur over a total of 5 months from August 2020 to early January 2021 (110 workdays), although the constmction start date has not yet been detenmined.
b Emissions were calculated using CalEEMod assuming 8 hours per day of activity for each equipment listed under each phase.
c Assumes 8 hours of operation per day. Total hours were calculated as the total sum of the product of the number of work skiffs used in each construction phase and the number of workdays in that phase times 8 hours per day. d Emissions assume engines meeting Tier 4 Final standards.
Off-road Construction
Equipment -
Unmitigatedb
Work skiffs - Gasoline
enginesc
Tugboats - Tier 4F Diesel
Enginesd
Total Average Daily
Emissions
BAAQMD Average Daily
Significance Thresholds
Significant?
Off-road Construction
Equipment-Tier 4
Engines
Work skiffs - Gasoline
Engines
Tugboats - Diesel Tier 4F
Engines
Total Average Daily
Emissions"
BAAQMD Average Daily
Significance Thresholds
Significant?
6.1 0.8
11.7 54
No
1.2 6.1
0..8
8.1 54
No
10.1 7.7
64.3 54
Yes
12.2 10.1
7.7 30.0
54 No
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
ROG = reactive organic gases
NOx = oxides of nitrogen
PMio = particulate matter 10 micrometers in diameter or smaller PM2.5:= particulate matter 2.5 micrometers in diameter or smaller The project's emissions were evaluated against the thresholds of significance included in the BAAQMD's 2017 CEQA Air Quality Guidelines.1 As shown in Table 3-1, average daily emissions from debris removal activities would exceed the BAAQMD significance thresholds. This unmitigated scenario assumes no emission controls from off-road equipment (e.g., back hoes, excavators and cranes; see Table 2-2 in Chapter2). However, based on information that Tier 4 engines (i.e., engines meeting the U.S. EPA's Tier 4 Final standards) were already in use for tugboats, emission factors for tugboats reflect this standard. Implementation of Mitigation Measure AQ-1 would reduce emissions to a less-than-significant level by requiring that all offroad construction equipment also be equipped with engines meeting the U.S. EPA's Tier 4 Final standards. Table 3-1 shows these mitigated emissions.
BAAQMD has not developed quantitative mass emissions thresholds for fugitive dust emissions ofparticulate matter from earthmoving activities, but instead recommends implementation of Best Management Practices (BMPs), such as those listed as Basic Construction Mitigation Measures Recommended for Ai! Proposed Projects in BAAQMD's 2017 CEQA Air Guidelines, to reduce fugitive dust emissions. Project activities would primarily occur along a portion of the San Franeisco Bay shoreline and would not involve intense earthmoving activities on dry land.
As such, fugitive dust emissions would be minimal. Nevertheless, all landside activities with the potential for ground disturbance will be subject to the best management practices for air quality described in Section 2.5.1 of-the Project Description, "which are based orrBAAQMD recommended dust control measures to ensure that significant impacts related to dust would be avoided.
With mitigation and implementation of the referenced best management practices, project emissions would not exceed BAAQMD significance thresholds and adequate fugitive dust reduction measures would be implemented consistent with BAAQMD's BMPs, and potential impacts related to the project's individual emissions would be reduced to less than significant. hi developing the thresholds of significance for air pollutants, the BAAQMD considered the emission levels for which a project's individual emissions would be cumulatively considerable.
If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts on the region's existing air quality conditions. Therefore, additional analysis to assess cumulative impacts is unnecessary. ' BAAQMD, California Environmental Quality Act: Air Quality Guidelines, 2017. Available online at http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en.
Accessed on September 4, 2018.
Exhibit 2
RICHMOND TERMINAL FOUR WHARF REMOVAL PROJECT
As described above, project construction emissions would not be anticipated to exceed BAAQMD significance thresholds with the implementation of Mitigation Measure AQ-1 in addition to the best management practices for air quality described in Section 2.5.1. Therefore, the project would result in a less-than-significant cumulative impact with mitigation.
Mitigation Measure AQ-1: Construction Equipment Diesel Emissions Control. All heavy-duty off-road equipment used for construction activities shall be equipped with the most effective Verified Diesel Emissions Control Strategies (VDECS) available for the engme type. In this case, the best available VDECS would be implementation of Tier 4F engines as certified by California Air Resources Board and U.S. EPA. The equipment shall be properly maintained and tuned in accordance with manufacturers specifications.
Bioloeical Resources
Special-Status Wildlife
Western Bumble Bee
Although western bumble bee could be present in the project area based its association with the Asteraceae and Fabaceae. plant families, vegetation removal is not planned in the areas where coyote brush, Italian thistle, and French broom were observed. Furthermore, although coyote brush is a native plant, Italian thistle and French broom are non-native species. French broom is rated as highly invasive, and Italian thistle as moderately invasive, by the California Invasive Plant Council;1 therefore, while these plants may or may not provide resources to western bumble bee, the presence of these species is a detriment to the local vegetative community in general. In addition, the installation of the enhanced rock slope protection (ERSP) includes planting native plants of the Point San Pablo ecotone along the crown of the 350-foot long ERSP. Vegetation that is proposed for the living crown includes potential host plants for western bumble bee, including coastal (=Califomia) sage brush, marsh gumplant (Grmdelia stricta var. angustifolia), and marsh jaumea from the Asteraceae family, and silver bush lupine, from the Fabaceae family. Because potential host plants for western bumble bee are not planned for removal, but are planned for planting on the living crown of the ESRP, there would be no impact to western bumble bee.
Western Burrowing Owl
Construction-related impacts to western burrowing owls would primarily include crushing burrows in use by owls for either breedmg or wintering. In addition, noise, vibration, increased vehicular traffic and human presence during demolition activities, project staging and access could result in nest failure (dishirbance, avoidance, or abandonment that leads to unsuccessful reproduction), or cause flight behavior that exposes an adult or its young to predators during the breeding season. These activities could also cause wintering birds to flush, expending energy or interrupting foraging and roosting, and potentially exposing an owl to predators. These would be significant impacts. Implementation of Mitigation Measure BIO-1, Avoidance 1 California Invasive Plant Council (Cal-IPC), 2019. Cal-IPC Inventory of invasive plants. https://www.ca!ipc.orR/plants/Drofiles/. Accessed November 13, 2019.