waste that is recyclable, hazardous or requires special handling. Procedures shall be submitted and approved by the County before the site is cleaned up.
3. Contractor shall make arrangements in advance with the appropriate partners for the proper removal, recycling, composting or disposal of the debris identified in the area to be cleaned, including materials that require special handling such as tires, hazardous/universal wastes, appliances, and medical sharps/waste.
4. Contractor shall document approximate quantities (count, volume or weight) of each type of material/debris removed from the area during clean -up, using a log or other method agreed upon in advance.
5. Contractor shall demonst rate how the mate rials/debris re moved dur ing the clean-up were transported and where each type was properly recycled, composted or disposed.
Task B - Deliverables:
1. Documentation of disposal procedures approved by the County for each confirmed clean-up address.
2. Before photos of the entire site before the material/debris has been cleaned up.
3. Completed Contractor’s Log identifying the types and amount of material/debris removed.
4. After photos of the entire site after it has been cleaned up. Contractor shall strive to take After photos from the same vantage points as the Before photos.
5. Documentation demonstrating that the material/debris removed was properly disposed or recycled. If debris removed during the clean-up is disposed of in existing containers that are routinely serviced by Republic Services, Contractor shall submit copy of an invoice or letter from Republic Services confirming what collection services were being provided at the disposal location during the applicable timeframe.
For any in-kind hauling/disposal service offered by partner organizations or agencies, contractor may submit written communication identifying what was picked up by whom and where it was taken (e.g. e- mail message from the Parks District confirming that yard debris that was placed in tarps and set-out at agreed upon location was placed in designated green waste bin on the District’s property or transported to a specified compost facility). Alternatively, if disposal services are provided in the form of debris box donation(s) from Republic Services, contractor may submit written communication confirming donation.
C. Attend Community Meetings and Events
1. Attend one North Richmond Green meeting(s) per quarter (quarterly periods end on December 31st, March 31st and June 30th).
a. No portion of the Quarterly Meeting Attendance budget line item will be paid to Contractor unless Contractor submits written evidence proving Contractor representative attended at least one monthly North Richmond Green Meeting during the applicable quarter.
Task C - Deliverables:
1. Documented attendance via minutes or copies of sign-in sheets of North Richmond Green meetings
D. Reporting & Invoicing
1. Submit invoices and the required supporting documentation (including applicable required Deliverables and completed Progress Reports as specified in Section III. Payment Provisions) for each calendar month, and not later than 30 days after the end of the applicable monthly period. The Reporting and Invoicing budget line items are intended to ensure timely submittal of invoices and required supporting
documentation. No portion of the Invoicing budget line item will be paid to Contractor for invoices submitted late, or without the required documentation or completed Progress Report.
Task D- Deliverables:
1. Complete monthly invoices on time for all tasks completed, accompanied by all required deliverables (including completed Progress Report or Final Progress Report). If Contractor does not provide a timely and complete invoice with all deliverables required for applicable tasks outlined on the invoice, as specified herein, no later than 30 days after the end of the applicable monthly period, the Contractor shall forfeit the $100 allocated for each applicable invoice period. Contractor may not use any funding specifically allocated for Reporting and Invoicing for any other purpose
2. Completed Progress Report addressing activities that occurred during the corresponding invoice period (except for the final invoice) consistent with Section III.3.a.
3. Completed Final P rogress Report a ddressing the entire pro ject to be submitted with the final invoice consistent with Section III.3.a.
E. Eligible Costs:
Eligible costs consistent with the below table can only be reimbursed if included on invoices in conformance with the payment provisions and submitted prior to _______.
Budget Line Items by
Task/Deliverable
Quantity Payment
per Unit
Total
Payments Budget Amount
A. Recruit and hire up to four (4) workers $ 1,750 Deliverable 1 - Recruitment
Documentation 1 each $350 $350
Deliverable 2 - Hiring
Documentation 4 each $350 $1,400
B. Clean-up up to eight (8) designated locations in the NRMF Funding Area $ 14,400
Deliverable 1 - Procedures 8 each $200 $1600-
Deliverable 2 - Before
Photos 8 each $300 $2,400-
Deliverable 3 - Contractors
Log 8 each $400 $3,200-
Deliverable 4 - After Photos 8 each $300 $2,400-
Deliverable 5 - Disposal
Documentation 8 each $600 $4,800-
C. Attend North Richmond Green Meetings $ 750
Deliverable 1 - NR Green
Meetings 3 each $250 $750
D. Reporting and Invoicing $ 2,500
Deliverable 1 - Timely &
Complete Invoice 9 each $100 $900
Deliverable 2 - Progress
Reports 8 each $150 $1,200
Deliverable 3 - Final
Progress Report 1 each $400 $400
SUBTOTAL $ 19,400
Fiscal Agent (10% of amount
invoiced) $0
TOTAL BUDGET &
ALLOWABLE PAYMENTS $ 19,400
II. CHDC’s Obligations
Subject to the payment limit of $19,400 CHDC shall reimburse Contractor for eligible costs described in the previous section where such are incurred in the performance of work under the contract, subject to the below Payment Provisions. CHDC will disburse Contractor funds only after receiving written approval by County authorizing the disbursement of the Contractor grant funds based on approved budget, approved advance and request for reimbursement.
III. Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency specified in Section I.E -Eligible Costs, which together may not total more than $19,400. Contractor will only receive payment for eligible costs incurred for work performed during the term of this contract which are itemized on invoices substantiated with adequate supporting documentation. Invoices submitted after July 30, - _______ will not be paid.
1. Advanced Payments: In order to receive any potential advance payment, such must be authorized for the specified project in Attachment ____ of the Expenditure Plan approved by the Board of Supervisors and The City of Richmond. Advance payment is limited to no more than ten (10) percent (%) of the approved implemented Entity Award for the Project. Contractor shall submit a written request to CHDC for approval by City and County Committee staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount would pay for and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until enough required deliverables have been approved to offset the amount paid in advance.
2. Partial Payments: The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.
3. Invoices: Invoices shall be submitted monthly, no later than 30 days after the end of the applicable monthly period and contain the following information in sufficient detail and be submitted in a form which adequately demonstrates consistency with this contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks completed during the applicable calendar month for which completed deliverables are submitted and associated payment is being requested.
4. Supported Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified above in Section I. Contractor’s Obligations.
b. All applicable Deliverables associated with the tasks and requested payment amounts itemized on each monthly invoice.
SIGNATURES: Executed on the dates and by the persons named below.
Date: ____________________________ Date: _________________________________
By: _________________________________ By: ___________________________________
Name: _______________________________ Name: ________________________________
IV. Conflict of Interest
By signing below, Contractor agrees not to employ, subcontract with, or make payment to any person (employees and stipend recipients), for the purpose of implementing this Project, that is at the same time employed by Contra Costa County, the City of Richmond or any entity that receives NRMF funding from the County or the City of Richmond, or serves on the NRMF Committee, except upon written approval by the Department of Conservation and Development Director or his designee.
Signature:________________________________________________________________
Name: __________________________________________________________________
Title: ___________________________________________________________________
Date: ___________________________
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 1_Clean_V2.doc
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance
Payment Allowed
(Up to 10% of
Implementer
Award Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award Amount
for Project
Notes
Social Progress Inc. Brighter Beginnings in North
Richmond Yes $ 29,999.76 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 SOS! Richmond SOS! Richmond Yes $ 75,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 $ 124,999.76 $ 75,750.00 $ 3,000.00 $ 14,550.00 $ 58,200.00 Total Funding Requested/Allocated 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and selected for funding.
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts.
Attachment 2 - Community Clean-up Projects Table (Strategy 10) 2022/23 Expenditure Plan Funding Allocations for Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total of $75,750.00 is recommended to be allocated in the 2022/2023 Expenditure Plan for Community Clean-up Projects (Strategy 10). Two of the three entities below were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 The third entity, SOS! Richmond, was added per Committee direction at the October 16, 2020 meeting.
Community Clean-up Projects Recommended for Funding in 2022/2023
Garden Project Reporting and Invoicing Requirements
Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments
Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice.
Task Deliverables
The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multiple deliverables for a specific task when appropriate to substantiate completion of the required task.
The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.
Timely Submittal of Invoices
A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified.
The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports.
Pre-approval Required for Supplies and Materials
Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task.
Attendance of Community Meetings and Events
Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s).
Acknowledgment Required on Outreach & Promotional Materials Attachment 3
Any printed outreach materials or promotional items must include “Jointly funded by City of Richmond & Contra Costa County”, with the exception of T-Shirts, which Contractor may request Contracting entity pre-approve to include only the NRGreen.org website address.
Authorized Advance Payments
In order to receive any potential payment in advance, such must be authorized for the specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan approved by both the County Board of Supervisors and Richmond City Council. No Contractor authorized for advance payment may receive more than ten (10) percent (%) of the approved Implementing Entity Award for this Project. In order to receive any advance payment(s) provided for in the City and County approved Expenditure Plan, the Contractor shall submit a written request to both the City and County Committee Staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount (not to exceed 10% of total award) would pay for and how such costs will aid in the completion of each applicable required task.
Conflict of Interest Provisions
Contractor shall not employ, subcontract with, or make payment to any person, for the purpose of implementing a specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan that is at the same time employed by Contra Costa County, City of Richmond or any entity that receives Expenditure Plan funding from the County or the City of Richmond, except upon written approval by the Contracting entity (either City or County).
Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency contained in the “Eligible Costs” Section, which together may not total more than $ (enter applicable contract amount). Contractor will only receive payment for eligible costs if such amounts are included on invoices adequately substantiated with required supporting documentation that are all submitted to the Contracting entity on or before July 30th.
Invoices or portions thereof for which required supporting documentation has not been submitted by July 30th (or 30 days after any contract end date prior to June 30th) shall not be eligible for payment.
1. Invoices: Invoices shall be submitted monthly and contain the following information in sufficient detail and be submitted in a form, which adequately demonstrates consistency with the “Service Plan” specified in the contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks partially or fully completed during the applicable calendar month for which completed deliverables are submitted and associated deliverable payment amount is being requested.
2. Supporting Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice, which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified in the Service Plan as a Contractor’s Obligation.
b. All applicable required deliverables associated with the requested payment amounts itemized on each monthly invoice.
City/County shall review submitted invoices and supporting documentation within a reasonable period of time and remit payment to Contractor promptly upon determining the purpose and amount of payment requested are authorized under the Agreement.
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 3.doc
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance Payment
Allowed
(Up to 10% of
Implementer Award
Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award
Amount for
Project
Notes
Watershed Project Curb Appeal No $ 29,986.25 $ 28,062.13 $ 1,747.34 $ 5,262.96 $ 21,051.83 Communities United Restoring Mother
Earth (CURME) /
Greater Richmond Interfaith Program
Lots of Crops No $ 15,092.00 $ 20,117.66 $ 1,252.66 $ 3,773.00 $ 15,092.00 Total Funding Requested/Allocation Recommended $ 45,078.25 $ 48,179.79 3,000.00 9,035.96 $ 36,143.83 Attachment 4 - Garden Projects (Strategy 13)
2022/2023 Funding Allocations for Garden Projects
recommended for City/County approval by the North Richmond Mitigation Fee Committee A total allocation of $48,179.79 is recommended to be allocated in the 2022/2023 Expenditure Plan for Garden Projects.The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Garden Projects Recommended for Funding in 2022/2023
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018.
Southern boundary
shown on back side
Attachment 5
Hensley St
Garrard Blvd
Richmond Pkwy
7th St
Hensley St
Duboce Ave
Sanford Ave
8th St
Willard Ave
9th St
York St
Vernon Ave
Filbert St
Lincoln Ave
Battery St
Factory St
N Castro St
Kelsey St
6th St
Triangle Ct
Leo St
10th St
Amstan Ln
Cherry St
Lucas Ave
Presco Ln
Joy Ave
Enterprise Ave
Factory St
Committee Approved Additions to Primary Mitigation Funding Area Market Ave
Chesley Ave
Rum
rill Blvd
Legend
July 2006 Additiion to Mitigatin Funding Area
Primary Mitigation Funding Area
²
0 130 260 390 52065
Feet
June 21, 2022
Mayor's Office
DATE: June 21, 2022
TO: Members of the City Council
FROM:
Mayor Tom Butt
Subject:
Disposition of Open Space at Point Molate
FINANCIAL IMPACT: This should have a positive but unquantified impact on the Richmond General Fund, potentially relieving the City from substantial costs of maintenance and security as
well as risks of liability.
PREVIOUS COUNCIL
ACTION:
Adoption of Settlement Agreement with Upstream and
the Tribe
STATEMENT OF THE
ISSUE:
The Settlement Agreement (Amended Judgment)
ordered the sale of “Development Areas” constituting 30 percent of the land area of Point Molate. The Judgment
states, “Development Areas” shall mean the four
development areas shown on Figure 6, Land Use Areas,
Point Molate Reuse Plan (attached as Exhibit A) or any
parcel subsequently designated or subdivided from those four Development Areas subject to the provisions of
Paragraph 20,” which states, “The Discretionary City
Approvals may adjust lot lines as allowed and analyzed
under the Certified EIR, or otherwise to allow for
construction of the residential units on different portions of the Property than is set forth in the Point Molate Reuse Plan and may allow for more than 670 residential units
and non-residential use, insofar as this is consistent with the overall open space preservation goals of the Point
Molate Reuse Plan.”
AGENDA
REPORT
June 21, 2022
The Settlement Agreement (Amended Judgment) is silent
on the disposition of the 70 percent open space, leaving it to the discretion of the City Council.
The DA and DDA rejected by the City Council included
substantial obligations by the developer to improve and maintain the open space, but with the DA and DDA no
longer in effect, the future of the open space is in limbo. It remains inaccessible to the public for the foreseeable
future, with the exception of Point Molate Park, and
places the City under a substantial financial burden to secure and maintain it.
The City should initiate the process of determining if
there is a public or nonprofit entity willing to accept conveyance of the open space and make a commitment
to open it for public use, manage it and maintain it at no cost to the City of Richmond. At least three entities have expressed such interest (1) East Bay Regional Parks
District, (2) John Muir Land Trust and (3) Trust for Public Land.
RECOMMENDED ACTION:
DIRECT staff to prepare a Request for Proposal (RFP) to be circulated as widely as possible soliciting proposals to manage the Point Molate Open Space for public use. The
RFP should include solicitation of proposals for an
operations plan, funding, implementation schedule, and
other details essential for the City Council to make a
selection of the best proposal. The RFP shall be
released no later than August 1, 2022, with proposals
due no later than September 15, 2022 – Mayor’s Office
(Mayor Tom Butt 510-620-6503).
DOCUMENTS ATTACHED:
Attachment 1 - Amended Judgment
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
THE GUIDIVILLE RANCHERIA OF
CALIFORNIA, et al.,
Plaintiffs,
vs.
THE UNITED STATES OF AMERICA, et al.,
Defendants.
Case No. CV 12-1326-YGR
[PROPOSED] AMENDED JUDGMENT
Case No. CV 12-1326 YGR
[PROPOSED] AMENDED
JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 1 of 20
1 In March 2012, plaintiffs Guidiville Rancheria of California (Tribe) and Upstream Point 2 Molate LLC (Upstream) (together, Plaintiffs) commenced the above-captioned action (Action) 3 against defendant City of Richmond (City). The controversy concerns a Land Disposition 4 Agreement (LDA) and its amendments, between Upstream and the City, the subject of which was 5 a proposed development of property located at the fonner Navy Fuel Depot Point Molate in 6 Richmond, California.
7 Following the signing of the LDA in 2004 and in accordance with the California 8 Environmental Quality Act (CEQA), the Court finds that the City conducted a multi-year review 9 of potential environmental impacts resulting from several proposed projects, including a project 10 with residential units. 1 In 2011, the City certified a final enviromnental impact report (EIR) for 11 potential projects at Point Molate. No party challenged the EIR. 12 In this Action, Plaintiffs allege, inter alia, that the City breached the LDA; the City denies 13 Plaintiffs' claims.
14 In accordance with the stipulated request of the Parties, and good cause appearing, 15 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
16 1. Under 28 U.S.C. §§ 1331 and 1362, the Court has jurisdiction over the Action and 17 shall retain such jurisdiction to enforce this Judgment. 18 2. The Court expressly finds and determines that the terms of this Judgment are fair, 19 reasonable and in the public interest.
20 DEFINITIONS
21 3. "Judgment" shall mean this Amended Judgment, the Judgment dated April 12, 22 2018, and all exhibits attached thereto.
23 24
25 26
27 28
1 The project with residential units analyzed in the 2011 Certified EIR is consistent with the City's previously approved Point Molate Reuse Plan, which the City adopted to comply with the terms of the transfer of Point Molate from the U.S. Navy to the City. The Reuse Plan expressly contemplates 670 residential units at Point Molate and Alternative D of the Certified 2011 EIR analyzed a project with more than 670 residential units.
Case No. CV 12-1326-YGR
[PROPOSED] AMENDED JUDGMENT
sf-3884188
-1-
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 2 of 20
1 4. "Point Molate" or the "Property" shall mean the approximately 270 acres of 2 upland and 134 acres2 of tidal and submerged real prope11y that was transferred to the City by the 3 United States Navy in or around September 2003, and the "Remainder Property" transferred to 4 the City by the Navy in or around September 2009.
5 5. "Development Areas" shall mean the four development areas shown on Figure 6, 6 Land Use Areas, Point Molate Reuse Plan (attached as Exhibit A) or any parcel subsequently 7 designated or subdivided from those four Development Areas subject to the provisions of 8 Paragraph 20.
9 6. "Point Molate Reuse Plan" shall mean the Reuse Plan prepared by a 45-member 10 Blue Ribbon Advisory Committee in or around March 1997, and adopted by the Richmond City 11 Council in 1997. In 2002, the U.S. Navy published a "Record of Decision for Disposal and Reuse 12 of the Fleet Industrial Supply Center, Naval Fuel Depot, Point Molate, CA" (67 Fed. Reg. 41967, 13 June 20, 2002) based on the Point Molate Reuse Plan, which included residential use as one of 14 three alternatives. A complete copy of the Point Mo late Reuse Plan is attached as Exhibit B and 15 it is also available on the City's website at
16 https://www.ci.richmond.ca.us/DocumentCenter/Home/View/7510. The City shall maintain a 17 hard copy of the Point Mo late Reuse Plan for review by the public. 18 7. "Certified EIR" shall mean the final Environmental Impact Report certified by the 19 City on or about March 8, 2011, which can be located at 20 http://wwvv.ci.richmond.ca.us/1863/Point-Molate-Resort-and-Casino, and any and all errata, 21 addenda or other modifications thereto, and as the same may be amended, supplemented or 22 updated. The City shall maintain a hard copy of the Certified EIR for review by the public. 23 8. "Discretionary City Approvals" shall mean all discretionary approvals made by the 24 City necessary to entitle development and construction of the Development Areas. The 25 Discretionary City Approvals shall allow for a minimum of 670 residential units and further the 26 27
28 2 Any variation of the total acreage shall not alter the Parties obligations regarding the Property, which the Parties understand to mean the total land transferred from the Navy to the City in 2003 and 2009.
Case No. CV 12-1326-YGR
[PROPOSED] AME1\1DED JUDGMENT
-2-
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 3 of 20
1 goals of the Point Mo late Reuse Plan, including preservation of open space and rehabilitation of 2 the Core Historic District (including Building 6). Those 670 residential units must comply with 3 the requirements of the City's inclusionary housing ordinance in effect at this time. That 4 compliance can be met either by (i) providing within the City the percentage of below market 5 units presently specified in section 15.04.810.063 of the City's Municipal Code or (ii) paying an 6 in-lieu fee, which must equal the amounts presently applied to residential projects within the City. 7 Discretionary City Approvals includes any additional review and actions required under CEQA, 8 zoning changes, and general plan amendments, but excludes (1) design review permits and 9 certificates of appropriateness by the City; (2) ministerial permits provided by the City; and (3) 10 other approvals or permits provided by any entity other than the City, such as the United States 11 government, State of California, or regional agencies, such as the Bay Conservation Development 12 Commission and the Regional Water Quality Control Board. The City shall diligently process 13 any required design review permits and certificates of appropriateness and ministerial permits to 14 be provided by the City; and City shall also diligently process and cooperate with all requests for 15 information that might be required for any other approvals or permits provided by any entity 16 other than the City, such as the United States government, State of California, or regional 17 agencies, such as the Bay Conservation Development Commission and the Regional Water 18 Quality Control Board.
19 20
9. 10.
"Effective Date" shall mean the date this Judgment is entered by the Court. "Revenues" shall mean all amounts received or earned by City or Plaintiffs from 21 the sale or development or long-term leasing (more than one (1) year) of any portion of the 22 Development Areas, including, without limitation, any amounts received for (i) exclusive rights 23 to negotiate, (ii) any purchase monies or purchase deposits paid, (iii) any option payments, (iv) 24 any amounts paid pursuant to a services agreement or any similar one-time payment, or recurring 25 payments made to City or Plaintiffs by the purchaser(s), developer(s), builder(s) or any 26 subsequent owner of any portion of the Development Areas or (v) any reimbursement for costs or 27 expenses incurred pursuant to Paragraph 24. "Revenues" does not include grants, 28 reimbursements paid to the City or to Plaintiffs by a third paity ( e.g., developer) for costs incurred Case No. CV 12-1326-YGR -3-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 4 of 20
1 in the pre-development phase other than costs incurred under Paragraph 24, short-term rental/use 2 fees collected by the City prior to the sale of the Development Areas, property taxes or other 3 taxes paid to the City and proceeds received from a financing district. 4 11. "Customary Fees" means fees paid to City for permits or similar customary 5 administrative fees, cost-recovery fees, development fees and/or impact fees (e.g., traffic, school 6 and in-lieu housing impact fees) in amounts routinely charged and similarly collected by the City 7 on other projects.
8 12. "Sale" or "Sold" or "Sell" or any similar term relating to the sale of the property 9 that is the subject of this Judgment, shall mean close of escrow upon which purchase monies are 10 paid to City or Plaintiffs in exchange for which title to the portion of the property being sold in 11 that transaction is simultaneously transferred to the buyer(s). The terms "Sale" or "Sold" or 12 "Sell" shall also include execution of a contract or agreement to sell any portion of the 13 Development Areas so long as the sale of a substantial portion of any one of the Development 14 Areas is closed and title transferred within 48 months of the Effective Date, with the 15 understanding that such contracts/agreements are to facilitate phased developments and must 16 remain in effect until the final parcel of the Development Area at issue is sold. 17 13. "Entitlement Costs" shall mean all costs incurred after the Effective Date, which 18 directly concern the issuance of entitlements and compliance with CEQA, including, without 19 limitation, the preparation of environmental review documents and costs similar to those 20 Plaintiffs previously paid prior to completion of the Certified EIR. The City is responsible for 21 Entitlement Costs and related legal fees.
22 14. "Pre-Development Costs" shall mean other costs incurred after the Effective Date, 23 such as surveying and engineering consulting fees, and other costs associated with creating 24 parcels, escrow fees, and title fees, and legal fees related to the disposition of the property, 25 including, but not limited to, legal counsel for preparing and reviewing contracts and agreements, 26 parcel maps, and subdividing and surveying the property. 27 15. "Net Revenue" shall mean Revenues less Customary Fees and Pre-Development 28 Costs.
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1 2 16.
COMPLIANCE REQUIREMENTS
Within 6 months from the Effective Date, in accordance with CEQA and other 3 applicable law, City shall consider Discretionary City Approvals, as defined in Paragraph 8 of 4 this Judgment.
5 17. The Court anticipates and expects that City will receive and consider input from 6 the public with respect to the future development of Point Molate. Nothing herein shall prohibit 7 or limit the City from holding public workshops or receiving any other public input with respect 8 to any future development considered by City pursuant to this Judgment, including selection of a 9 master developer or developers.
10 18. Of the approximately 270 acres of upland area, the Point Molate Reuse Plan 11 designates approximately 30% as Development Areas and 70% as open space, the ratio of which 12 shall not change. In the Core Historic District (including Building 6), there are 374,572 square 13 feet of contributing structures (based on the list in Table 3.6-1 and Figure 3.6-6 from the Certified 14 EIR), all of which shall be preserved for adaptive reuse. 15 19. City may utilize the existing Certified BIR and prior studies pertaining to the 16 Property to the extent possible to comply with CEQA. 17 20. The Discretionary City Approvals may adjust lot lines as allowed and analyzed 18 under the Ce1tified BIR, or otherwise to allow for construction of the residential units on different 19 portions of the Prope1iy than is set forth in the Point Mo late Reuse Plan and may allow for more 20 than 670 residential units and non-residential use, insofar as this is consistent with the overall 21 open space preservation goals of the Point Mo late Reuse Plan. 22 21. Within 30 months of the Effective Date or 24 months of the City issuing the last 23 Discretionary City Approval, whichever occurs earlier, City must market the Development Areas 24 for sale to one or more qualified developer(s) or builder(s) using commercially reasonable efforts. 25 At the City's discretion, separate portions of the Development Areas may be sold to different 26 developers or builders to increase the sales price derived from the sale of the Development Areas. 27 With the consent of the Pmiies, which consent must be made by a writing signed by all Pmiies, 28 Development Areas or parcels may be leased long term instead of being sold. Prior to the Sale of Case No. CV 12-1326-YGR -5-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 6 of 20
1 the Development Areas, either Party may elect to have an independent, third-party that is selected 2 jointly by the Parties verify that the subject Sale is fair and reasonable and the product of an arms- 3 length negotiation, and such verification shall be a condition precedent to completion of such 4 Sale. The Parties shall share evenly the costs associated with any such verification. 5 22. Plaintiffs Tribe and Upstream, on the one hand, and City, on the other hand, will 6 split all Net Revenues 50/50.
7 23. Within thirty (30) days of receiving any Revenues, City shall notify Upstream and 8 the Tribe of the amount and source of such Revenues. Within sixty ( 60) days of receiving any 9 Revenues, City shall distribute 50% of any Net Revenues via wire transfer into a banking account 10 to be designated by Plaintiffs in writing within thirty (30) days of the Effective Date, or as may be 11 designated in writing thereafter by Plaintiffs.
12 24. City shall bear all expenses of maintaining and securing the Property, until the 13 Development Areas are sold to a third patty.
14 25. If the Northern Development Area, Southern Development Area, Central 15 Development Area, or any portions thereof, are not Sold within 30 months of the Effective Date 16 or 24 months of City approving the last Discretionary City Approval, whichever occurs first 17 ("City Sale Deadline"), Plaintiffs or either of them as designated by Upstream and the Tribe in 18 writing, shall have the option to buy such Development Area( s) or portions thereof for a purchase 19 price of $100 per Development Area or portion thereof. Plaintiffs' option to purchase the 20 Development Area shall include up to fifty percent of the land-side portion of the shoreline knoll 21 referenced in the Certified EIR. Promptly after Plaintiffs, or either them, exercise the option 22 granted herein, City shall be obligated to forthwith sell the parcels identified in the exercise of the 23 option, or portions thereof, to Plaintiffs, or either of them. Within thirty (30) days of the Effective 24 Date, City shall cause a memorandum of this Judgment to be recorded on title to the Property, 25 which shall reference the above-referenced option of Upstream and Tribe. 26 26. For each parcel of the Development Area or portion thereof sold to Plaintiffs, upon 27 a sale by either of them of such parcel(s), Plaintiffs shall pay to the City fifty percent (50%) of the 28 Net Revenues received by Plaintiffs. Plaintiffs must sell any Development Area or portion Case No. CV 12-1326-YGR -6-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 7 of 20
1 thereof purchased pursuant to this Judgment within 5 years of the City's Sale Deadline or 4 years 2 after the City makes a decision on any additional, discretionary City entitlements concerning any 3 purchased portions, whichever is later, otherwise the Development Area(s) or portion(s) thereof 4 revert back to the City, and the City shall pay Plaintiffs $100 for each Development Area or 5 portion thereof. 3 If the City takes back property under this Paragraph, the Revenue sharing 6 described in Paragraph 22 will still apply, and the City will have an on-going obligation to market 7 and sell the remaining unsold portions of the Development Areas. 8 27. Within thirty (30) days of receiving any Revenue, Plaintiffs shall notify the City of 9 the amount and source of such Revenue. Within sixty ( 60) days of receiving any Revenues, 10 Plaintiffs shall distribute 50% of Net Revenue received by Plaintiffs to the City via wire transfer 11 into a banking account to be designated in writing by the City. 12 28. Upstream and Tribe, or either of them as designated by Upstream and the Tribe in 13 writing, and any of their transferees, may pursue development of the parcels in accordance with 14 the Discretionary City Approvals, or may seek additional or new entitlements for the 15 development of the parcels beyond the Discretionary City Approvals required by this Judgment 16 that City may or may not grant in its sole discretion. The Parties, and each of them, acknowledge 17 the Tribe, commencing in 2004 and ending in 2012, maintained an office in Building 123 at Point 18 Molate.
19 REPORTING REQUIREMENTS
20 29. Absent further order from the Court, the Parties shall provide a joint update to the 21 Court every 120 days regarding effo11s to comply with the Judgment. 22 30. Within 30 days of a request made by Plaintiffs, or either of them, the City must 23 provide Upstream and Tribe a copy of any contracts, agreements or other documents providing 24 25
26 27
28 3 For purposes of paragraph 26, discretionary City entitlements include any additional review and actions required under CEQA, zoning changes, and general plan amendments but excludes (1) design review permits and certificates of appropriateness by the City; (2) ministerial permits provided by the City; and (3) other approvals or permits provided by any entity other than the City, such as the United States government, State of California, or regional agencies, such as the Bay Conservation Development Commission and the Regional Water Quality Control Board.
Case No. CV 12-1326-YGR
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Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 8 of 20
1 for payment of Revenue to City with respect to any portion of the Property that is the subject of 2 this Judgment.
3 31. The City must provide Plaintiffs a copy of any agreements the City executes for 4 sale of any portion of the Property, including the Development Areas, within fifteen ( 15) days of 5 the City Council's approval of such agreement(s).
6 32. The reporting requirements of this Judgment do not relieve City of any reporting 7 obligations required by any other federal, state or local law, regulation, permit or other 8 requirement.
9 33. Notwithstanding the foregoing, Upstream and Tribe may use and disclose any 10 information provided pursuant to this Judgment in any proceeding to enforce the provisions of 11 this Judgment and as otherwise permitted by law.
12 AUDITING OPTION
13 34. The City shall keep accurate and complete accounting records of all transactions 14 relating to the maintenance, entitlement, development, sale of, or receipt of funds relating to the 15 Property, including, without limitation, any records of Revenues or other monies paid to or 16 received by City relating to the Property, all accounting records, invoices, ledgers, cancelled 17 checks, deposit slips, bank statements, original estimates, estimating work sheets, contracts or 18 contract amendments, change order files, insurance documents, memoranda and correspondence. 19 City shall establish and maintain a reasonable accounting system that enables City to readily 20 identify City's costs, expenses, Revenues, and other monies paid to or received by City relating to 21 the Property.
22 35. Upon no less than 30 days' written notice, and no more than once a year during the 23 first five years after the Effective Date, Upstream and Tribe and their authorized representatives 24 may audit, examine and make copies of City's records kept by or under City's control relating to 25 its perfonnance under this Judgment, including, without limitation, records of all Revenues or 26 other monies paid to, received by, or committed to City relating to sale or development of the 27 Property. If an audit is requested, City, at Plaintiffs' expense, shall make its records available for 28 examination and copying during regular business hours at City's offices or another location as Case No. CV 12-1326-YGR -8-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 9 of 20
1 mutually agreed by the Parties. Excluded from any audit are records protected by federal, state, 2 and local privilege laws, including any records that would fall under exemptions set forth in the 3 California Public Records Act.
4 36. Costs of any audits conducted under the authority of this right to audit will be 5 borne by Upstream and Tribe unless the audit identifies City's failure to disburse more than 6 $50,000 owed to Upstream and Tribe hereunder, in which case City shall reimburse Upstream 7 and Tribe for the costs of the audit.
8 COMPLIANCE WITH CEQA AND OTHER LAWS
9 37. The Parties acknowledge, and the Court expressly finds and orders, that this 10 Judgment is not an approval of a project, and the City is responsible for compliance with all 11 federal, state and local laws, regulations, and permits, relating to the Property, including 12 compliance with CEQA. This finding and order may be asserted by the Parties as a bar to any 13 suit challenging the validity of this Judgment.
14 38. The Parties agree that the Judgment does not grant any entitlements for 15 development at Point Molate, and that the City acknowledges it is required to comply with all 16 laws, statutes, or regulations, including compliance with CEQA, applicable to any future specific 17 entitlements or development at Point Molate that the City may consider. 18 RELEASE
19 39. Upon entry of this Judgment, Plaintiffs, and each of their respective executors, 20 representatives, heirs, successors, assigns, bankruptcy trustees, guardians, and all those who claim 21 through them or who assert claims on their behalf, will be deemed to have completely released 22 and forever discharged City from any claim, right, demand, charge, complaint, action, cause of 23 action, obligation, or liability of any and every kind, based on an alleged violation of the LDA or 24 its amendments, in connection with the sale and/or development of Point Molate, and all claims 25 for monetary, equitable, declaratory, injunctive, or any other form of relief, whether known or 26 unknown, suspected or unsuspected, under the law of any jurisdiction, which Plaintiffs ever had 27 or now have, resulting from, arising out of, or in any way, directly or indirectly, connected with 28 the claims raised in the Action or in the California state court action entitled The City of Case No. CV 12-1326-YGR -9-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 10 of 20
1 Richmond v. Upstream Point Molate, LLC, filed in Contra Costa County Superior Court, Case 2 No. Cl 1-01834 ("State Court Action"), or claims which could have been raised in the Action or 3 State Court Action based on or relating to the same facts. 4 40. Upon entry of this Judgment, City, and all those who claim through City or who 5 assert claims on behalf of City, will be deemed to have completely released and forever 6 discharged Plaintiffs, and each of their respective executors, representatives, heirs, successors, 7 assigns, bankruptcy trustees, guardians, and all those who claim through them or who assert 8 claims on their behalf, from any claim, right, demand, charge, complaint, action, cause of action, 9 obligation, or liability of any and every kind, based on an alleged violation of the LDA or its 10 amendments, in connection with the sale and/or development of Point Mo late, and all claims for 11 monetary, equitable, declaratory, injunctive, or any other form of relief, whether known or 12 unknown, suspected or unsuspected, under the law of any jurisdiction, which the City ever had or 13 now has, resulting from, arising out of, or in any way, directly or indirectly, connected with the 14 claims raised in the Action or in the State Court Action, or claims which could have been raised 15 in the Action or State Court Action based on or relating to the same facts. 16 41. As of the Effective Date, all claims asserted in this Action shall be and hereby are 17 dismissed with prejudice. The Parties further agree that they will dismiss with prejudice the 18 claims asserted in the State Court Action.
19 42. The Parties, and each of them, each waive and release any and all provisions, 20 rights, and benefits conferred either (a) by section 1542 of the California Civil Code, or (b) by 21 any law of any state or territory of the United States, or principle of common law, which is 22 similar, comparable, or equivalent to section 1542 of the California Civil Code, with respect to 23 the claims released pursuant to Section 4.1. Section 1542 of the California Civil Code reads:
24 Section 1542. General Release, extent. A general release does not extend to 25 claims which the creditor does not know or suspect to exist in his favor at the time 26 of executing the release, which if known by him must have materially affected his 27 settlement with the debtor.
28 Case No. CV 12-1326-YGR
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Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 11 of 20
1 The Parties, and each of them, may hereafter discover facts other than or different from 2 those that they know or believe to be true with respect to the subject matter of the claims released 3 pursuant to the terms of this Judgment, but the Parties, and each of them, expressly agree that, 4 upon entry of the Judgment, they shall have waived and fully, finally, and forever settled and 5 released any known or unknown, suspected or unsuspected, asserted or unasserted, contingent or 6 non-contingent claim with respect to the claims released, whether or not concealed or hidden, 7 without regard to subsequent discovery or existence of such different or additional facts. 8 43. The Parties shall bear their own costs of this action, including attorneys' fees, 9 except that the prevailing party in any action or proceeding to enforce the terms of this Judgment 10 shall be entitled to recover, from the non-prevailing party, all reasonable costs, including 11 reasonable attorney's fees.
12 44. Nothing in this Judgment is intended to limit or expand the Tribe's right to 13 continue to pursue its claims asserted in this Action against the Federal Defendants, which 14 expressly are not resolved herein, or to pursue any lands be taken into trust by the United States 15 for the benefit of the Tribe, for any lawful purposes. The Tribe will request to license City-owned 16 or City-controlled property for Tribe use and the City will process that request in the normal 17 course, in the same manner as other such requests are processed. 18 NOTICES
19 45. Unless otherwise specified in this Judgment, whenever notifications, submissions, 20 or communications are required by this Judgment, they shall be made in writing and addressed as 21 follows:
22 23
24 25
26 27
28 As to Upstream by email:
As to Upstream by mail:
Case No. CV 12-1326-YGR
[PROPOSED] AMENDED JUDGMENT
and
[email protected]; and
[email protected]
Jim Levine
Upstream Point Molate LLC
2000 Powell Street, Suite 920
Emeryville, CA 94608
(510) 350-4101
Garet D. O'Keefe
0' Keefe & 0' Keefe LLP
1068 Cragmont Avenue
-11-
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 12 of 20
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
As to the Tribe be email:
As to the Tribe by mail:
As to City by email:
and
As to City by mail:
and
and
Berkeley, CA 94708
(510) 282-0319 (t)
[email protected]; and
[email protected]
Guidiville Rancheria of California
P.O. Box 339
Talmage, CA 95481
Attention: Merlene Sanchez, Chairperson
Scott Crowell
Crowell Law Offices - Tribal Advocacy Group
1487 W. State Route 89A, Suite 8
Sedona, AZ 86336
( 425) 802-5369 (t)
[email protected]
[email protected]
Bruce_ Goodmiller@ci .richmond. ca. us
Rachel_Sommovilla@ci. richmond. ca. us
Arturo Gonzalez
Alexis Amezcua
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Bruce Reed Goodmiller
Rachel Sommovilla
City Attorney's Office
450 Civic Center Plaza
P.O. Box 4046
Richmond CA 94804-1630
46. Any Party may, by written notice to the other Parties, change its designated notice 23 recipient(s) or notice address provided above.
24 47. Notices submitted pursuant to this Section shall be deemed submitted upon receipt, 25 unless otherwise provided in this Judgment or by agreement of the Parties in writing. 26 27
28 Case No. CV 12-1326-YGR
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Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 13 of 20
1 2 48.
RETENTION OF JURISDICTION
The Court shall retain jurisdiction ove1: this Action to enforce the terms of this 3 Judgment. To avoid doubt, this Judgment applies to and is binding upon the Tribe and Upstream 4 and the City, and their respective heirs, successors, assigns and future councils for the City and 5 the Tribe. Consistent with settled law, any change in the composition of the City Council for the 6 City shall not alter the City's obligations under this Judgment. 7 49. This Judgment embodies the final, complete and exclusive agreement and 8 understanding among the Parties with respect to the agreement reflected in this Judgment and 9 supersedes all prior agreements and understandings, whether oral or written, concerning 10 settlement embodied herein. Other than deliverables that are subsequently submitted and 11 approved pursuant to this Judgment (if any), the Parties acknowledge that there are no 12 representations, agreements, or understandings relating to the disposition of the Action other than 13 those expressly contained in this Judgment.
14 15
16 Date:
17 18
19 20
21 22
23 24
25 26
27 28
-----------
Case No. CV 12-1326-YGR
[PROPOSED] AMENDED JUDGMENT
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDG E
-13-
November 21, 2019
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 14 of 20
FOR THE GUIDIVILLE RANCHERIA OF CALIFORNIA:
2 3 Dated: t:::};:4& Ulb-J 1J t~t-1,')V-
4 MERLE E ANCHEZ 1 _
Tribal Chairperson ,.-J <"
5 6 As to Form:
7 CROWELL LAW OFFICES - TRIBAL
8 ADVOCACY GROUP
9 10 Dated: By:
11 Scott Crowell
Attorneys for Plaintiff Guidiville
12 Band of Pomo Indians
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Case No. CV 12-1326-YGR -15-
[PROPOSED I AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 15 of 20
1 FOR THE GUIDIVILLE RANCHERIA OF CALIFORNIA:
2 3 Dated:
MERLENE SANCHEZ
4 Tribal Chairperson
5 6 As to Form:
7 CROWELL LAW OFFICES - TRIBAL
ADVOCACY GROUP
8 9 (} .. C ~
10 Dated: November 7, 2019 By: k'P-(
Scott Crowell
11 Attorneys for Plaintiff Guidiville
Band of Pomo Indians
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Case No. CV 12-1326-YGR -14-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 16 of 20
1 FOR UPSTREAM POINT MOLA TE, LLC:
2 3
4 5
6 7
8 t:YJ . q cJ_&J/J.
Dated: / ~ , '7 •
9 Dated:
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 --------
Case No. CV 12-1326-YGR
[PROPOSED] AMENDED JUDGMENT
.I MES 0. LEVINE
'enernl Manager
Upstream Point Molate, LLC
AS TO FORM:
O'KEEFE & O'KEEFE LLP
By: ------------Garet D. O'Keefe
-15-
Attorneys for Plaintiff UPSTREAM
POINT MOLATE LLC
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 17 of 20
1 FOR UPSTREAM POINT MOLATE, LLC:
2 3 Dated:
JAMES D. LEVINE
4 General Manager
Upstream Point Molate, LLC
5 6 AS TO FORM:
7 O'KEEFE & O'KEEFE LLP
8 9 Dated: 11/6/19 By: ~O+:::-
Garet D. 0 'Keefe
10 Attorneys for Plaintiff UPSTREAM
POINT MOLA TE LLC
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Case No. CV 12-1326-YGR -15-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 18 of 20
1 FOR CITY OF RICHMOND:
2 Dated: November 7, 2019 /k (_
3 4
~ity Manager, City of Richmond
5 AS TO FORM:
6 (y_,iW&, CITY ATTORNEY FOR CITY OF RICHMOND
,,_
7 /4~ 8 Dated: By:
SbNlMM1~ 'llinceR eed ''Goea-milter---,Puhe/
9 Attorneys for Defendant CITY
OF RICHMOND
10 11 MORRISON & FOERSTER LLP
12 13 Dated: By:
Arturo Gonzalez
14 Attorneys for Defendant CITY
OF RICHMOND
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 19 of 20
1 FOR CITY OF RICHMOND:
2 Dated:
3 City Manager, City of Richmond
4 5 AS TO FORM:
6 CITY ATTORNEY FOR CITY OF RICHMOND
7 8 Dated: By:
Bruce Reed Goodmiller
9 Attorneys for Defendant CITY
OF RICHMOND
10 11 MORRISON & FOERSTER LLP
12 13 Dated: October 23, 2019 By:
Arturo Gonzalez
14 Attorneys for Defendant CITY
OF RICHMOND
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Case No. CV 12-1326-YGR -16-
[PROPOSED] AMENDED JUDGMENT
Case 4:12-cv-01326-YGR Document 410 Filed 11/21/19 Page 20 of 20
June 21, 2022
Police Department
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Louie Tirona, Acting Chief of Police
Subject:
Resolution Authorizing a Sole Source Procurement
Process for Selected Specialized Police Department
Services
FINANCIAL IMPACT: The Police Department contracts with Contra Costa County and the State of California for reoccurring
services related to police operations. These services and the estimated funds required to be encumbered are listed in the proposed Police Department operating budget for
each of the fiscal years. The Police Department budget
and associated contract line items are subject to annual review and approval by the City Council. The annual
aggregate amount of these contracts is $951,000
(01191021-400201/01191021-400209/01191021-
400501).
PREVIOUS COUNCIL
ACTION:
December 1, 2020, approved Resolution 138-20
approving the reoccurring contracts listed below, with the exception of the costs adjustments for inflation and/or population-based rates.
STATEMENT OF THE
ISSUE:
Each fiscal year, the Richmond Police Department
budget includes line-item contracts for services provided by state and county agencies. The proposed resolution
authorizes the city manager to execute the contracts
associated with these annual line items approved in the budget by City Council. Approving the resolution will
expedite the contract process and improve overall
efficiency.
AGENDA
REPORT
June 21, 2022
RECOMMENDED ACTION:
ADOPT a resolution authorizing the City Manager to
execute reoccurring contracts for fiscal years 2022-2023 and 2023-2024 with Contra Costa County and the State
of California at an aggregate annual amount of $951,000.
Services contracted with Contra Costa County include
the following: California Law Enforcement
Telecommunications System (CLETS) - $11,000;
California Identification Division (CAL ID) - $145,000; Automated Regional Information Exchange System
(ARIES) - $50,000; All County Criminal Justice
Information System (ACCCJIN) - $23,500; Martinez
Detention Facility intake fees - $46,000; alcohol/toxic drug and crime scene evidence analysis - $365,000;
Sexual Assault Response Team (SART) examinations-
$41,000; annual jail inspection and audit - $1,000;
Coroner & Gunshot Residue (GSR) examination and
analysis - $10,000; out of state inmate extradition -
$4,000; Law Enforcement Training Center - $21,000;
Department of Information Technology - $29,500; East
Bay Regional Communication System Authority (EBRCS)
- $182,500. The State of California contracted services including Live Scan fingerprinting - $16,500 and
University of California Regents - $5,000 – Police
Department (Acting Chief of Police, Louie Tirona, 621-
1802).
DISCUSSION:
Each fiscal year, the City of Richmond Police Department enters into various contracts with Contra Costa County and the State of California for services related to police operations. The costs of these services are based on fee schedules, Memoranda of Understandings, and/or legislative action(s). Each contract, and the estimated annual expense, is listed as a line item in the Richmond Police Department fiscal year operating budget. These contracts are for mandatory operating expenses associated with the day-to-day operations of the Police Department and include access to Department of Justice and County records, fingerprint identification, forensic lab analysis, booking fees, jail access, inmate extradition, radio maintenance, recruit officer training, and police canine emergency veterinary services.
To improve administrative efficiency, City staff is requesting City Council adoption of a resolution authorizing the city manager to execute specific contracts listed in the resolution provided the contract amounts do not exceed the amounts listed for each fiscal year. Other than the exclusion of animal services, and adjustments made to rates affected by population increases or minimal annual increases, this resolution is identical
June 21, 2022
to Resolution 158-20 approved for fiscal years 2020-2021 and 2021-2022. The contracts and estimated expenses are as follows:
CONTRA COSTA COUNTY:
CLETS SHARED COST - CONTRA COSTA COUNTY $11,000
CAL ID FORENSIC DIV - CONTRA COSTA COUNTY $145,000
ARIES MAINTENANCE - CONTRA COSTA COUNTY $50,000
ACCJIN SHARED COST - CONTRA COSTA COUNTY $23,500
BOOKING FEES - CONTRA COSTA COUNTY $46,000
CRIME LAB EXAMS - CONTRA COSTA COUNTY $365,000
SART EXAMS - CONTRA COSTA COUNTY $41,000
ANNUAL JAIL INSPECTION - CONTRA COSTA COUNTY $1,000
CORONER/GSR EXAMS - CONTRA COSTA COUNTY $10,000
INMATE EXTRADITION - CONTRA COSTA COUNTY $4,000
POLICE TRAINING CENTER- CONTRA COSTA COUNTY $21,000
INFORMATION TECHNOLOGY - CONTRA COSTA COUNTY $29,500
COMMUNICATIONS (EBRCS) -CONTRA COSTA COUNTY $182,500
STATE OF CALIFORNIA:
LIVE SCAN FINGERPRINTING- STATE OF CALIFORNIA $16,500 UC REGENTS - STATE OF CALIFORNIA $5,000
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING A SOLE SOURCE PROCUREMENT PROCESS FOR SELECTED
SPECIALIZED POLICE DEPARTMENT SERVICES
WHEREAS, there are certain specialized services performed by certain specified vendors for the Richmond Police Department which occur every year; and
WHEREAS, the vendors that provide these specialized services are the only vendors that can provide said service; and
WHEREAS, the specialized services and the specified vendors are each year set forth in the Police Department budget as line items for budgetary approval purposes; and
WHEREAS, having the City Council authorize the City Manager to execute the contracts associated with the annual line items set forth and approved by the budget will expedite the contract approval process thereby increasing efficiency and reducing paperwork; and
WHEREAS, the annual line items that are specifically to be addressed in this manner are listed as follows:
CLETS SHARED COST - CONTRA COSTA COUNTY
CAL ID FORENSIC DIV - CONTRA COSTA COUNTY
ARIES MAINTENANCE - CONTRA COSTA COUNTY
ACCJIN SHARED COST - CONTRA COSTA COUNTY
BOOKING FEES - CONTRA COSTA COUNTY
ALCOHOL/TOXIC DRUG and CRIME EVIDENCE - CONTRA COSTA COUNTY
SART EXAMS - CONTRA COSTA COUNTY
ANNUAL JAIL INSPECTION - CONTRA COSTA COUNTY
CORONER & GUNSHOT RESIDUE EXAMS - CONTRA COSTA COUNTY
INMATE EXTRADITION - CONTRA COSTA COUNTY
LAW ENFORCEMENT TRAINING CENTER- CONTRA COSTA COUNTY
DEPT. OF INFORMATION TECHNOLOGY - CONTRA COSTA COUNTY
REGIONAL COMMUNICATIONS (EBRCS) -CONTRA COSTA COUNTY
LIVE SCAN FINGERPRINTING- STATE OF CALIFORNIA
UNIVERSITY OF CALIFORNIA REGENTS - STATE OF CALIFORNIA
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the City Manager is hereby authorized, for fiscal years 2022-2023 and 2023-2024, to execute the contracts listed below provided that the contract dollar amounts do not exceed the amounts listed for each fiscal year:
CLETS SHARED COST - CONTRA COSTA COUNTY $11,000
CAL ID FORENSIC DIV - CONTRA COSTA COUNTY $145,000
ARIES MAINTENANCE - CONTRA COSTA COUNTY $50,000
ACCJIN SHARED COST - CONTRA COSTA COUNTY $23,500
BOOKING FEES - CONTRA COSTA COUNTY $46,000
CRIME LAB EXAMS - CONTRA COSTA COUNTY $365,000
SART EXAMS - CONTRA COSTA COUNTY $41,000
ANNUAL JAIL INSPECTION - CONTRA COSTA COUNTY $1,000
CORONER/GSR EXAMS - CONTRA COSTA COUNTY $10,000
INMATE EXTRADITION - CONTRA COSTA COUNTY $4,000
POLICE TRAINING CENTER- CONTRA COSTA COUNTY $21,000
INFORMATION TECHNOLOGY - CONTRA COSTA COUNTY $29,500
COMMUNICATIONS (EBRCS) -CONTRA COSTA COUNTY $182,500
LIVE SCAN FINGERPRINTING- STATE OF CALIFORNIA $16,500 UC REGENTS - STATE OF CALIFORNIA $5,000
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
Interim City Attorney
June 21, 2022
Police Department
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Louie Tirona, Acting Chief of Police
Subject:
Proposed 5-year, $927,000 contract amendment, with
Mark43 for continued use of critical dispatching and
records software.
FINANCIAL IMPACT: The Police Department has budgeted for the $360,000 annual cost of Mark43 in the departments’ FY 2022-2023
budget and will budget accordingly for the remaining
years of the contract. Account strings 01191021-400209
and 01197021-400209.
PREVIOUS COUNCIL
ACTION:
May 16, 2017
STATEMENT OF THE
ISSUE:
The Police Department currently uses Computer Aided
Dispatch (CAD) and Records Management System
(RMS) from Mark43 for its critical dispatching and
records software. The Department is requesting approval of a contract amendment to extend the current term of
the contract for guaranteed fixed pricing until June 30, 2027.
RECOMMENDED ACTION:
APPROVE a first contract amendment with Mark43 to
increase the contract amount by $927,000, for a total
payment limit not to exceed $2,427,000, and a term
extending through June 30, 2027 - Police Department
(Acting Chief Louie Tirona 510-621-1802).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
The previous computer aided dispatch (CAD) and records management (RMS) software system had been in use since 2003, and it had its limitations. It was a Windows-based system requiring regular manual updates that consume personnel time, and it was not compatible with the latest software technologies. The Mark43 computer aided dispatch and records management system is cloud-based, not reliant on locally maintained hardware, and can be used on a variety of platforms, e.g., smart phones, tablets, and Mac operating systems. This cloud-based system is more agile, secure, efficient, and cost-effective to operate.
In May 2017, the Richmond Police Department (RPD) switched to Mark43 CAD and RMS software based on a Request for Proposals (RFP) sent to 180 vendors. The initial five-year contract, in the amount of $1,500,000 provided a fixed annual subscription fee with no increases year after year. Since RPD plans on continuing using this product for years to come, RPD staff has negotiated with Mark43 to provide existing subscription pricing for the duration of the proposed amended contract, which is reduced from the initial contract amount following the schedule below. In addition, Mark43 has agreed to include their mobile app that’s currently in development at no additional charge to the Police Department when, and if, the mobile app is released.
FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27
CAD $ 180,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 RMS $ 180,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 360,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000
Based on the fixed pricing schedule that is not adjusted for the cost of inflation, or common annual increases, RPD staff recommends that the City Council approve the five-year, $927,000 contract amendment for the Mark43 system to extend the contract expiration to June 30, 2027, to keep critical dispatching and records software working continuously.
DOCUMENTS ATTACHED:
Attachment 1 –Contract Amendment 1
Attachment 2 –Original Contract
Attachment 3 –IT Authorization Form
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
1 AMENDMENT NO. 1 TO THE CITY OF RICHMOND STANDARD CONTRACT BY
AND BETWEEN THE CITY OF RICHMOND AND MARK43, INC.
T
his AMENDMENT NO. 1 (the “Am endment ”) to the City of Richmond Standard Contract by and between the City of Richmond, a municipal corporation and Mark43, Inc. dated as of May 17, 2017 (the “Agreement”) is dated as of ______________, 2022. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement.
Recitals
A. WHEREAS, the Parties wish to amend the payment schedule set forth in the Agreement; B. WHEREAS, the Parties wish to include additional provisions addressing server hardware; and C. WHEREAS, the Parties wish to provide additional clarifying changes.
Agreement
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The term of the Agreement as set forth in Section 2 is hereby extended to terminate on June 30, 2027.
2. The payment limit as set forth in Section 3 is hereby deleted in its entirety.
3. Page 1 of Exhibit A Service Plan shall be amended as follows:
a. Delete the phrase “Contractor shall maintain and provide support for Mercury CAD, Cobalt RMS Software Product, and will store the data within current DOJ and CJIS guidelines.”
b. Add the phrase: “Contractor shall maintain and provide support for the RMS and CAD applications and shall store City of Richmond data in a data center designed to comply with FBI CJIS standards. Contractor shall also adhere to current FBI CJIS and California DOJ standards for data security.”
4. Add a New Exhibit A-1, the form of which is enclosed on Schedule 1 of this Amendment.
5. Paragraph 1 of Exhibit E (Special Conditions) is amended and restated as follows:
“Paragraph 5 is hereby deleted in its entirety and replaced with the following language:
During the Regular Usage Period (after the launch of RMS and/or CAD, as applicable), the City will pay Mark43 the subscription fees set forth in the table below. The annual subscription fees for the period from July 1 of a given year through June 30 of the following year shall be due in advance annually on July 1, within 45 days of receipt of an invoice, as further specified in the table below.
Year One Year Two Year Three Year Four Year Five Year Six Year Seven Year Eight Year Nine Year Ten Due 7/1/17 Due 7/1/18 Due 7/1/19 Due 7/1/20 Due 7/1/21 Due 7/1/22 Due 7/1/23 Due 7/1/24 Due 7/1/25 Due 7/1/26 CAD $0.00 $0.00 $154,686.69 $185,062.23 $185,000.00 $180,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 RMS $84,703.00 $141,688.31 $144,813.31 $185,062.23 $185,000.00 $180,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 Total $84,703.00 $141,688.31 $299,500.00 $370,124.46 $370,000.00 $360,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 *Strikethrough denotes payment made as of the date of this Amendment.
Attachment 1
2 Contractor will notify the City of any changes to the fees for any renewal term at least forty-five (45) days prior to the start of the renewal term. During any period in which the City subscribes to both Mark43 RMS and Mark43 CAD applications, the following shall apply: A) in the event Mark43 builds and makes available to the general market a Digital Evidence Management System, Mark43 shall make such Digital Evidence Management System available to the City at no additional charge; B) Mark43 shall make its RMS Mobile Application available to the City at no additional charge; and C) in the event Mark43 develops any new enhancements or feature releases for its RMS and CAD applications (not including or relating to any mobile versions thereof), Mark43 shall make such enhancements and feature releases available to the City at no additional charge.” 6. A new Section 41 is hereby added to Exhibit D, General Conditions, as follows: “CLETS Access. a. Each party shall promptly notify the other party of any security breach that compromises the City’s systems and/or data. Both parties agree to cooperate in any investigation of such a security breach. b. Criminal Justice Information (“CJI”), whether in electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access and ensure compliance with the most recent version of the FBI’s CJIS Security Policy. At a minimum, Contractor and its contractors must encrypt and/or password protect electronic files containing CJI, whether saved to laptop computers, computerized devices or removable storage devices. i. Pursuant to the policies outlined in the CLETS Policies, Practices and Procedures (PPP) and the FBI’s CJIS Security Policy, it is agreed the CLETS subscribing agency will maintain responsibility for security control as it relates to the CLETS access. Security control is defined as the ability of the CLETS subscribing agency to set, maintain and enforce: 1. standards for the selection, supervision and termination of personnel. This does not grant hiring/firing authority to the CLETS subscribing agency of Contractor personnel or its contractors, only the authority to grant the CLETS systems access to personnel who meet these standards and deny it to those who do not; and 2. policies governing the operation of computers, access devices, circuits, hubs, boundary protection devices and other components that make up and support a telecommunications network and related CA DOJ criminal justice databases used to process, store or transmit criminal justice information, guaranteeing the priority, integrity and availability of service needed by the criminal justice community. c. When CJI, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed or reconstructed. d. Contractor shall promptly notify City of any unauthorized access or unauthorized disclosure or use by a third party of the CJI collected or obtained by the Contractor under this Contract (each, a “Contractor Security Breach”). Contractor shall provide such notice following discovery and without unreasonable delay. Contractor agrees to reimburse the City for reasonable out-of-pocket expenses incurred by the City to (i) investigate the Contractor Security Breach and, where applicable (ii) notify individuals who may be impacted by the Contractor Security Breach. For the avoidance of doubt, a Contractor Security Breach does not include any breach caused by the acts, errors or omissions of the City or its personnel (including, without limitation, weak or compromised passwords, phishing of user passwords, lost or stolen City or officer-owned hardware, etc.).”
3 7. All terms and conditions of the Agreement not specifically amended herein shall remain unchanged and in full force and effect. 8. This Amendment shall be binding on each Party’s successors and assigns. 9. This Amendment may be executed in multiple counterparts, including electronic copies, each of which shall be deemed an original, but all of which shall constitute the same agreement.
4 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives as of the day and year first above written. CITY OF RICHMOND MARK43, INC. By: By: Title: Title: Date: Date:
5 Schedule 1 to Amendment No. 1 Exhibit A-1 Equipment 1. As set forth in the Service Plan, Contractor shall provide two (2) servers to the City for purposes of interface integration (“Equipment”). The Equipment shall consist of the servers identified below, together with any replacements, parts, additions, accessories and substitutions therefore and any operating system pre-loaded thereon. 1. Model No. Proliant DL20 Gen9 2. Manufacturer: HPE 3. Number of Servers: 2 2. Contractor shall ship the Equipment to the City’s Police Department Dispatch Center located at 1701 Regatta Blvd., Richmond, CA 94804 on a mutually convenient date. City shall not move the Equipment to another location. 3. City shall install the Equipment to its power and network. Contractor can provide remote support (by phone or email) to assist with installation. 4. The City may use the Equipment during the Term of the Agreement, as the same may be renewed or extended. At the conclusion of the Term, the City shall ship Equipment back to the Contractor. 5. City shall operate the Equipment (i) using reasonable care; (ii) only for the purpose of interface integration in connection with the services provided by Contractor pursuant to this Agreement, and (iii) in accordance with instructions provided by the Equipment manufacturer and Contractor. City shall ensure access to the Equipment by Contractor upon request for purposes of maintenance, replacement, updates and upgrades. In no event shall the City delay installation or use of manufacturer required or recommended updates, upgrades, patches or fixes. City will not have logical access to the server. 6. Contractor shall provide reasonable telephone and/or email based technical support and troubleshooting for the Equipment from 9am-5pm EST (Monday-Friday) during the Term of the Agreement. If Contractor is unable to resolve reported and verifiable non-conformities from the manufacturer’s warranty within a commercially reasonable period of time after receipt of a support request, then Contractor shall replace the Equipment. Replacement Equipment may be new or refurbished, provided that it provides substantially similar capacity and functionality as the originally provided Equipment. City shall pay shipping charges associated with return and replacement of the Equipment. To the extent a reported and verifiable problem arises due to the City’s failure to meet its obligations pursuant to the Agreement including paragraph 5 of this Exhibit A-1, then Contractor reserves the right to charge the City the reasonable costs and expenses associated with correcting the problem and/or replacing the Equipment. If Contractor has determined that a component of the Equipment is degraded and/or failed, Contractor may elect to send a replacement component and City will provide labor to physically replace. 7. Upon the expiration or earlier termination of the Agreement, Contractor shall remove the Equipment from the City’s premises at its expense. City shall cooperate with Contractor in the removal of the Equipment, including providing the necessary access to the Equipment. The Equipment must be in good functioning order, reasonable wear and tear excepted. City agrees to pay for any damage to the Equipment occurring during the applicable Lease Term. City shall remove any
6 City-owned or licensed enterprise software from the Equipment prior to Contractor’s removal of the Equipment. 8. CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE EQUIPMENT. CONTRACTOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITY WARRANTS THAT IT IS NOT AND WILL NOT USE THE EQUIPMENT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. THE REMEDIES PROVIDED HEREIN ARE CITY’S SOLE AND EXCLUSIVE REMEDIES. 9. In the event of a conflict between the provisions of this Exhibit A-1, and the Agreement, the provisions of this Exhibit A-1 shall control. 10. City may not assign or dispose of any of its rights or obligations under this Exhibit A-1 without the prior, written consent of Contractor (such consent not to be unreasonably withheld).
June 21, 2022
Public Works
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, PE, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent
Subject:
Proposed Contract with Julian Tree Care
FINANCIAL IMPACT: The proposed $17,800 for this contract will be included in the proposed Department of Public Works Fiscal Year
2022-2023 operating budget. 01233631-400537
PREVIOUS COUNCIL
ACTION:
-
STATEMENT OF THE
ISSUE:
The Department of Public Works, Parks Maintenance
Division is seeking approval of a contract with Julian Tree Care for the removal of dead pine trees at the Macdonald Avenue grade separation.
RECOMMENDED ACTION:
APPROVE a contract in the amount of $17,800 for the
removal of dead pine trees at the Macdonald Avenue
grade separation. The contract term will be from July 1, 2022 to December 31, 2022 – Public Works Department
(Joe Leach 620-5478/Greg Hardesty 620-6920).
DISCUSSION:
On March 18, 2022, a request for bid proposals was placed on BidsOnline for the removal of dead pine trees at the Macdonald Avenue grade separation. Eleven bid proposals were received on April 5, 2022. The proposals were as follows:
AGENDA
REPORT
June 21, 2022
COMPANY
CITY
COST PER
YEAR
1 Julian Tree Care Richmond $ 17,800
2 Bay Area Tree Specialists San Jose $ 24,300
3 Hamilton tree Service, Inc. Martinez $ 29,000
4 Community tree Service Royal Oaks $ 39,500
5 ArborWorks, Inc. Oakhurst $ 42,995
6 Hercules Tree Service Hercules $ 49,000
7 A Plus Tree, Inc. Vallejo $ 60,580
8 Arboricultural Specialties Berkeley $ 74,250
9 Ponderosa Tree Service, Inc. Berkeley $ 86,000
10 West Coast Arborists Pinole $ 121,500
11 Mountain F. Enterprises Folsom $ 133,950
As the lowest bidder, City staff recommends approval of a contract with Julian Tree Care in the amount of $17,800, for a term beginning July 1, 2022 through December 31, 2022.
DOCUMENTS ATTACHED:
Attachment 1 – Original Contract
June 21, 2022
Public Works
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, P.E., Public Works Director
Mary Phelps, Project Manager
Subject: Contract Amendment to Increase Total Contract Budget for the Project to Replace the Grit and Aeration Project Located at the Richmond Wastewater Treatment Plant
FINANCIAL IMPACT: Increase the contract amount budgeted for the Grit and Aeration Basin project located at the Richmond
Wastewater Treatment Plant in the amount of $3,500,000
for an amount not to exceed $45,606,488 which will be
funded from the $50,000,000 state revolving fund loan
received from the California Water Quality Control Board Org/Obj code 4003-40322931-400708-01X10).
PREVIOUS COUNCIL
ACTION:
March 16, 2021 (Resolution 28-21)
STATEMENT OF THE
ISSUE:
City staff is recommending City Council approval to
increase the contract budget for the Grit and Aeration
Basin project located at the Richmond Wastewater
Treatment Plant. This project is being managed by
Veolia, with the construction subcontract awarded to
Shimmick Construction Company, Inc., a contractor from
Oakland, California, and the engineering during
construction subcontract awarded to Carollo Engineers, a consultant from Walnut Creek, California.
RECOMMENDED ACTION:
ADOPT a resolution to increase the contract budget for
the Grit and Aeration Basin project located at the
Richmond Wastewater Treatment Plant, in the amount of
$3,500,000, for a total amount not to exceed $45,606,488 - Water Resource Recovery (Joe Leach 620-5478 / Mary
Phelps 621-1269).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
The City of Richmond and Veolia Water (Veolia) have implemented the High Priority Critical Improvements Projects at the City's Wastewater Treatment Plant (WWTP), which is managed and operated by Veolia. The purpose of the projects is to replace aging and unreliable infrastructure, improve treatment operating efficiency, comply with future discharge regulations, and improve the functionality of the existing WWTP. The improvements were identified through previous planning efforts, including the 2010 WWTP Master Plan and the 2016 WWTP Facility Plan.
On March 16, 2021, City Council approved two (2) Resolutions
Resolution 28-21 to appropriate the amount of $42,106,48, including a contingency in the amount of $2,760,943 for the replacement of the Grit and Aeration Basin.
Resolution 29-21 to accept the State Water Resources Control Board’s State Revolving Fund (SRF) Loan.
Eight (8) Contract Change Orders (Attachment 2) have been approved by the City in the amount of $2,493,560, which has almost depleted the original Contract Contingency allocation.
There have been additional unforeseen items that need to be addressed that are itemized in Attachment 3. To cover these additional costs, the contract will need to be increased an additional $3,500,000, for a total amount not to exceed $45,606,488.
As previously stated, the project will be paid from the $50,000,000 state revolving fund (SRF) loan received from the State Water Quality Control Board.
The Water Resource Recovery Division of the Public Works Department will continue managing the project Task Authorization to Veolia, and Veolia Water West Operating Services, Inc. will continue managing the subcontracts with Shimmick Construction Company, Inc.
Public Works staff is requesting City Council adopt the resolution increasing the contract amount for Shimmick to continue the work on the Grit and Aeration Project at the Wastewater Treatment Plant.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Exhibit 1 – Current Change Orders
Attachment 3 - Additional Contingency Budget items for Grit and Aeration Project
Reso. No.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO
INCREASE THE PROJECT CONTINGENCY ALLOCATION FOR THE GRIT AND
AERATION BASIN (WWTP CRITICAL IMPROVEMENTS) PROJECT LOCATED AT THE
WASTEWATER TREATMENT PLANT LOCATED IN RICHMOND, CA IN THE AMOUNT OF $3,500,000 FOR AN AMOUNT NOT TO EXCEED $45,606,488
WHEREAS, the City of Richmond and Veolia Water (Veolia) have implemented the High Priority Critical Improvements Projects at the City's Wastewater Treatment Plant (WWTP), which is managed and operated by Veolia; and
WHEREAS, the purpose of the projects are to replace aging and unreliable infrastructure, improve treatment operating efficiency, comply with future discharge regulations, and improve the functionality of the existing WWTP; and
WHEREAS, the improvements were identified through previous planning efforts, including the 2010 WWTP Master Plan and the 2016 WWTP Facility Plan; and
WHEREAS, the Grit and Aeration Basin (WWTP Critical Improvements) Project will improve the efficiency of the WWTP; and
WHEREAS, this will allow the City to remain in compliance with its National Pollutant Discharge Elimination System Permit (NPDES); and
WHEREAS, on September 15, 2020, the Water Resource Recovery Division of the City Public Works Department and Veolia Water West Operating Services, Inc. issued a Request for Bids to Construction Contractors for the construction project of the Grit and Aeration Basin (WWTP Critical Improvements) Project through the City's BidsOnline system; and
WHEREAS, 91 firms received the Request for Bids, of which two (2) contractors submitted Bids, (in alphabetical order): Mountain Cascade, Inc. (Livermore), Shimmick Construction Company, Inc. (Oakland); and
WHEREAS, the two (2) contractor bids for construction that the City received were reviewed by City of Richmond Contract Compliance Officer Gina Baker, Public Works Directors, Yader Bermudez, Veolia Water West Operating Services, Inc. Representative Steve Suskind (Senior Project Manager); and
WHEREAS, the panel of reviewers accepted the contractor bid of Shimmick Construction Company, Inc., finding that the team was highly qualified to construct the Grit and Aeration Basin (WWTP Critical Improvements) Project; and
WHEREAS, on February 16, 2021, City Council approved Resolution # 28-21 to appropriate the amount of $42,106,48, including a contingency in the amount of $2,760,943 for the replacement of the Grit and Aeration Basin; and
WHEREAS, eight (8) Contract Change Orders (Exhibit -1) have been approved by the City in the amount of $2,493,560, which has almost depleted the original Contract Contingency allocation; and
WHEREAS, the Water Resource Recovery Division has received projected change orders from Veolia in the amount of approximately $3,500,000; and
WHEREAS, the total project scope will need to be increased to cover the additional change orders for a total amount of $45,606,488; and
WHEREAS, the Water Resource Recovery Division of the Public Works Department will continue managing the project Task Authorization to Veolia and Veolia Water West Operating Services, Inc. will continue managing the sub contracts with Shimmick Construction Company, Inc.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, as follows:
Reso. No.
Section 1. The foregoing recitals are true and correct, and this City Council hereby so finds and determines:
Section 2. The Water Resource Recovery Division of the Public Works Department shall appropriate additional $3,500,000 funds from the State Water Resources Control Board State Revolving Loan Fund for an amount not to exceed $45,606,488 for Fiscal Year 2021-22 budget the Grit and Aeration Basin (WWT Critical Improvements) Project.
Section 3. The Contract shall be managed by Veolia Water and a subcontract issued to Shimmick Construction Company, Inc. for the construction of the Grit and Aeration (WWTP Critical Improvements) Project.
Section 4. The total cost of the Grit and Aeration (WWTP Critical Improvements) Project for construction shall not exceed $45,606,488 without City Council approval.
Section 5. This resolution shall take effect immediately upon its passage.
******************
Reso. No.
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on June 21, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on June 21, 2022.
Pamela Christian, Clerk of the City of Richmond
Reso. No.
CLERK’S CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true, and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 21st day of June 2022 , of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
Such agenda was further posted, and such meeting was conducted in accordance with and pursuant to Executive Order N-29-20, signed by the Governor of the State of California on March 17, 2020, and Ex ecutive Order N-35-20, signed by the Governor of the State of California on March 21, 2020.
I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true, and correct copy of the original resolution adopted at said meeting.
Said resolution has not been amended, modified, or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: , 2022.
City Clerk of the
City of Richmond
[SEAL]
SCOPE OF WORK AMOUNT
RAS pipe replacement 332,033$
Bid Allowance #10, supplement for Primary Sedimentation Basin structural repairs 9,277$ Underground utilities conflicts change conditions 176,073$ Payment for planned work with no identified method of payment 71,725$ Material cost for lead time addition and modification of new (54) 316 steel plates and (10) gates at Aeration Basins and (1) new transformer. Mofication of existing electrical conduits to eliminate underground electrical conflicts 823,370$
Labor cost for Change Order Work #5 1,027,619$
Final underground utilities conflict change conditions work 53,463$ Total 2,493,560$
Attachment 2
Richmond WWTP Critical Improvements Project
CHANGE ORDER FORECAST
for City Authority Funding – June 7, 2022 City Council
Change Order
(Estim./Forecast)
Shimmick
(Estimated Amt.)
Veolia (CO 9%
markup) TOTAL ESTIM.
DC006 - Scum PS $ 250,000.00 $ 22,500.00 $ 272,500.00
DC007 - RAS Piping $ 500,000.00 $ 45,000.00 $ 545,000.00 DC008 - 3W Extension $ 150,000.00 $ 13,500.00 $ 163,500.00 DC010 - Air piping $ 300,000.00 $ 27,000.00 $ 327,000.00 DC011 - Handrails $ 150,000.00 $ 13,500.00 $ 163,500.00 Bid Item 9 - Additionals* $ 1,000,000.00 $ 165,000.00 $ 1,165,000.00 Force Account directed work $ 500,000.00 $ 45,000.00 $ 545,000.00 Additional ESDC Forecast $ 150,000.00 $ 13,500.00 $ 163,500.00 Misc. Unforeseen Conditions $ 130,000.00 $ 11,700.00 $ 141,700.00
TOTAL $ 3,130,000.00 $ 356,700.00 $ 3,486,700.00
* Unit price bid item addition @ 16.5% mark up
● Change Order X TA: DC006 - Scum PS
Original design drawings showed the new scum pump station on top of an existing 54” 3 water line. After field investigation, it was discovered that the existing 54” 3W pipe acts as a reservoir for the 3W pump station; it is critical to plant operation and has no redundancy, requiring Carollo to revisit the design and modify the structure. DC006 illustrates the required structural and mechanical modifications, and the corresponding TA CO covers the additional cost associated with it.
● Change Order X TA: DC007 - RAS Piping
The original design showed the north section of the RAS piping in the east -west corridor between Aeration Basin zones 1A/1B, 2A/2B, and 3A/3B in an existing channel with a concrete deck. In order for the Contractor to install this section of RAS piping, modifications to both the concrete deck and the RAS piping are necessary. DC007 illustrates the required structural and mechanical modifications, and the corresponding TA CO covers the additional cost associated with it.
● Change Order X TA: DC010 - Air piping
APG Neuros, the turbo blower manufacturer, requested Carollo revisit the air piping in the aeration basins as part of the implementation of the Model Predictive Control System, which will result in better dissolved oxygen control and, sub sequently, provide energy savings.
DC010 illustrates the required structural and mechanical modifications, and the corresponding TA CO covers the additional cost associated with it. ● Change Order X TA: DC011 - Handrails
With the new operational configuration of the aeration basins, it will be necessary to install handrails in the walkways of said aeration basins for the safety of the operators. DC011 will illustrate the required modifications, and the corresponding TA CO will cover the additional cost associated with it.
● Change Order X TA: Bid Item 9 - Additionals
Bid item 9 addresses structural repairs in the aeration basins. When the project was bid, the quantities needed for these repairs were unknown, so a unit price was requested and estimated amounts were assumed. Once the basins were drained and examined, act ual amounts of needed repairs were obtained. The corresponding TA CO will cover the additional cost associated with them.
● Change Order X TA: Force account directed work
Shimmick has encountered numerous changed conditions and design changes which were unknown at the time of bid and they anticipate more. In an effort to maintain progress on the project and not stop project work already underway, Veolia has directed Shimmick to resolve changed conditions impacting project work on a Force Account (FA) basis in the past and anticipates doing so in the future. The corresponding TA CO will cover the additional cost associated with them.
● Change Order X TA: Additional ESDC Forecast
Carollo, the engineer of record, has spent certain task line items of the budget related to RFI’s, submittal review, design clarifications, etc. and may have overextended their budget; the designer feels they will need more funding. The corresponding TA CO will cover the additional cost associated with them.
● Change Order X TA: Misc. Unforeseen Conditions
Estimated for the additional unforeseen conditions.
Current Authority Levels - FOR REFERENCE ONLY
$42,106,488.00 Shimmick/Construction
$4,395,491.00 ESDC/SRF
$46,501,979.00 Total current authority
$50,000,000.00 Loan amount
$3,498,021.00 Available authority
June 21, 2022
Public Works
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, P.E., Public Works Director
Mary Phelps, Project Manager
Subject:
Resolution to Issue a New Contract to Schaaf and
Wheeler Consulting Civil Engineers to Continue Work on
Ferry Point Pump Station Located at the Intersection of Brickyard Cove Road and Dornan Drive.
FINANCIAL IMPACT: There is no impact to the General Fund. This project will be funded from Wastewater 2019A Bonds. The funding
has been allocated from the Wastewater Enterprise Fund
(4003-40322931-400708-01U10).
PREVIOUS COUNCIL
ACTION:
12/1/2021 – Resolution 131-20 adopted initial contract
with Schaaf and Wheeler for design services related to
the Ferry Point Pump Station.
STATEMENT OF THE
ISSUE:
In late 2020, the City Council adopted a Resolution
authorizing the City to enter into a contract with Schaaf and Wheeler Consulting Civil Engineers for design
services on the Ferry Point Lift Sewer Pump Station
replacement. The resulting contract expired March 31,
2022. The City intended to extend that contract through December 31, 2023, but due to staffing changes, was not able to do so prior to March 31st. The City will need fresh authorization for another contract, subject to the same terms as the earlier agreement, but expiring on
December 31, 2023, so that the work may continue as
required.
AGENDA
REPORT
June 21, 2022
RECOMMENDED ACTION:
ADOPT a resolution authorizing a contract extension with Schaaf and Wheeler Consulting Civil Engineers to design the Ferry Point Lift Sewer Pump Station replacement
located at the intersection of Brickyard Cove Road and
Dornan Road for an amount not to exceed $159,948.24
- Public Work (Joe Leach 620-5478/Mary Phelps 621-
1269).
DISCUSSION:
On December 1, 2020, the Council adopted Resolution No. 131-20, which, among other things, authorized the Department to enter a contract (“Original Contract” or the “Agreement”) with Schaaf and Wheeler Consulting Civil Engineers (“Schaaf and Wheeler” or the “Vendor) for engineering-design services for the Ferry Point Lift Sewer Pump Station replacement located at the intersection of Brickyard Cove Road and Dornan Road (the “Project”) for an amount not to exceed $375,000.00.
On January 1, 2021, the Department entered into the Original Contract for one (1) year with Schaaf and Wheeler, which was in effect through March 31, 2022. Since 2021, the Department has worked closely with Schaaf and Wheeler on the Project. The Department is satisfied with the technical expertise and quality the Vendor has demonstrated. The Project still requires the Vendor’s design acumen and engineering services, and the Department endeavors to continue its professional relationship with Schaaf and Wheeler.
The Department fully intended to extend Schaaf and Wheeler’s Original Contract for term only (i.e., through December 31, 2023) before the Agreement expired on March 31, 2022. However, in the interim, the Department experienced several staffing changes, including the retirement of key personnel involved with this Project. The staffing changes occurred during an exceptionally busy work period for the Department.
As a result, Original Contract’s March 31, 2022, expiration date passed before the Department had an opportunity to extend the term.
The window in which to extend the Original Contract timeframe has now closed; thus, the Department would need the City Council to adopt a new Resolution authorizing another contract (“New Contract”) to extend the term and take effective as of March 31, 2022, and continue through December 31, 2023, so that the necessary Project work may continue.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Authorizing Resolution No. 131-20 from December 1, 2020 Attachment 3 – Schaaf and Wheeler Contract, effective January 1, 2021 – March 31, 2022
RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING A NEW CONTRACT WITH SCHAAF AND
WHEELER CONSULTING CIVIL ENGINEERS TO DESIGN FERRY POINT
LIFT PUMP STATION REPLACEMENT FOR AN AMOUNT NOT TO EXCEED $375,000
WHEREAS, on December 1, 2020, the City Council adopted Resolution No. 131-20 authorizing, inter alia, the Public Works Department (the “Department”) to enter into a contract with Schaaf and Wheeler Consulting Civil Engineers (“Schaaf and Wheeler” or the “Vendor”) to design the Ferry Point Lift Pump Station Replacement for an amount not to exceed $375,000.
WHEREAS, the backdrop of the City Council’s adoption of Resolution No. 131-20 in 2020 included the following facts:
1.The City of Richmond (the “City”) posted a Request for Proposals for design services to replace the Ferry Point Lift Sewer Pump Station located at the intersection of Brickyard Cove Road and Dornan Road on August 31, 2020; and
2. The City received four (4) design-service proposals on October 23, 2020, which a subsequent, four (4)-person panel (the “Panel”) reviewed and evaluated based on set criteria; and
3. The Panel determined that Schaaf and Wheeler Consulting Civil Engineers (“Schaaf and Wheeler” or the “Vendor”) had the technical expertise to perform the required work and thus recommended that City award the Vendor the contract; and
WHEREAS, following the City Council’s December 1, 2020 adoption of Resolution No. 131-20, which, in part, authorized the Department of Public Works (the “Department”) to contract with Schaaf and Wheeler, the Department entered into a one (1)-year agreement (the “Original Contract”) with the Vendor, effective January 1, 2021 through March 31, 2022, for an amount not to exceed $375,000; and
WHEREAS, the Department is satisfied with the technical expertise and work- product quality that Schaaf and Wheeler demonstrates; still requires the Vendor’s services; and wishes to continue its professional relationship with the Vendor; and
WHEREAS, the Department intended to extend Schaaf and Wheeler’s Original Contract for term-only (i.e., until December 31, 2023) before its expiration date of March 31, 2022; and
WHEREAS, the Department experienced several staffing changes, including the retirement of key personnel, during an exceptionally busy work period in which the March 31, 2022 expiration date of the Original Contract passed without notice; and
WHEREAS, the Original Contract’s extension window has now closed, and the Department requires the Council’s adoption of a Resolution to authorize a new contract for term-only (“New Contract”) with Wheeler and Schaaf, which shall be effective from March 31, 2022 through December 31, 2023.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond as follows:
Section 1. The foregoing recitals are true and correct, and this City Council hereby so finds and determines.
Section 2. The City Council of the City of Richmond hereby authorizes the Public Works Department to enter into a New Contract with Schaaf and Wheeler Consulting Civil Engineers for design services to replace the Ferry Point Lift Pump Station located at the intersection of Brickyard Cove Road and Doman Road.
Section 3. This Resolution shall take effect immediately upon its passage.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on ____________by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6594 Fax: (510) 307-8195 www.ci.richmond.ca.us
WATER RESOURCE RECOVERY
February19,2021
Schaaf&WheelerConsultingCivilEngineers
1171HomesteadRd,Ste.255
SantaClara,CA94050
DearBenjaminShick:
Enclosedforyourorganization'sfileisacopyofthePurchaseOrderandthefullyexecutedContract AgreementbetweenSchaaf&WheelerConsultingCivilEngineers;PONo:22100668;Contract No:5471;
VendorNo:14881andtheCityofRichmondWaterResourceRecovery(WRR)Division.Before submissionofinvoicesforworkcompleted,pleaseadheretotheguidelineslistedbelow:
Aninvoicecanbeaonepagedocumentandmustinclude,butnotbelimitedtothefollowing:
1. Specify theCompanyNameforwhichtheinvoiceisbeingsubmitted.
2. Include thedivisionname–WRR,contract,PO,andvendornumberprovidedabove.
3. State clearlytheInvoiceNumberandDateoftheInvoice.
4. Specify thetimeperiodforwhichworkwasconducted;includeboththebeginningandending datesforwhichtheinvoiceisbeingapplied.
5. Define thecomponentprojectmilestone(s)completed,programscopeofwork,taskperformed, orhourscompletedforwhichtheinvoiceissubmitted.Specifythedollaramountforeach componentmilestone,workscope,task,hourlywageetc.asstatedabove.Theseshouldsumto thetotalinvoiceamount.
6. Attach backupdocumentationtoinvoice,ifapplicable.
7. Identify thebudgetremainingwithinthecontract.
8. Contractor shallsubmittimelyinvoicesviaemailto[email protected].
Ifyouhaveanyquestionsregardinginvoicing,pleasecallmeat(510)307Ͳ8095.
Sincerely,
AnaCrespin
AdministrativeServicesAnalyst
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Date Ordered
Vendor Phone Number
Date Required Freight Method/TermsVendor Number Department/Location Vendor Fax Number Requisition Number Delivery Reference Page of
Delivery must be made within
doors of specified destination.
Item# Description/Part No. Unit Price Extended Price UOMQty V
E
N
D
O
R
S
H
I
P
T
O
PO Total
B
I
L
L
T
O
VENDOR COPY
ByBy
Authorized Signature
Reference Ship to Department on all Invoices.
City of Richmond, 450 Civic Center Plaza, P.O. Box 4046, Richmond, CA 94804 Phone: (510) 620-6740 Fax:(510) 620-6522 This order is subject to the City of Richmond Terms and Conditions dated May 20, 2011 which are incorporated herein by this reference and which are posted for review at http://www.ci.richmond.ca.us/purchasing. A copy of these Terms and Conditions may also be obtained by faxing a written request to the Purchasing Division at (510) 620-6522.
ORIGINAL
2021 1 1
22100668-00ACCOUNTS PAYABLE
FINANCE DEPARTMENT
PO BOX 4046
RICHMOND, CA 94804-0046
SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS INC.
1171 HOMESTEAD ROAD, SUITE 255
SANTA CLARA CA 95050
WATER RESOURCE RECOVERY DEPT.
450 CIVIC CENTER PLAZA
RICHMOND, CA 94804
408 246-4848 408 246-5624 24862 ANA CRESPIN 307-8095
02/19/2021 14881 07/01/2020 FOB DESTINATION ENGINEERING 02/19/2021
$375,000.00
1 1.0 EACH $375,000.00 $375,000.00ENGINEERING DESIGN SERVICES FOR FERRY POINT LIFT STATION.
RESOLUTION NO. 131-20 APPROVED BY CITY
COUNCIL 12/1/2020 EFFECTIVE 1/1/2021 - 3/31/2022.
40322931 - 400708 - 01U10 $375,000.00
1488124862 5471
June 21, 2022
Public Works
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, Director of Public Works
Subject: Contract with Ninyo & Moore for Terminal 4 Wharf Removal Project
FINANCIAL IMPACT: There will be no impact to the General Fund for 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, November 16, 2021, and April 22, 2022
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. A hazardous materials inventory is a component of the project and required prior to initiation of demolition activities so that any abatement activities can be
incorporated into the construction bid. City staff is
recommending a contract with Ninyo & Moore to provide
hazardous materials characterization services.
AGENDA
REPORT
June 21, 2022
RECOMMENDED ACTION:
APPROVE a contract with Ninyo & Moore, in an amount
not to exceed $50,000, to provide hazardous materials
characterization services for the Terminal 4 Wharf
Removal Project, to be funded by various grants awarded to the City for this project, with a contract term through December 31, 2023 – Public Works (Joe Leach 620-
5478).
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 percent design and specifications for the project under contract with the SCC. The City will be carrying out the final project as the property owner.
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. A hazardous materials inventory is a component of the project and required prior to initiation of demolition activities so that any abatement activities can be incorporated into the construction bid. City staff is seeking City Council approval of a contract with Ninyo & Moore to provide hazardous materials characterization services.
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
June 21, 2022
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 contract with Ninyo & Moore to provide hazardous materials characterization services for this project (Attachment 1).
City staff issued a Request for Proposals (RFP) in May and completed a site walk with four consulting firms, Ninyo & Moore, Stantec, PES, and PAS/PCI, a Richmond-based firm. Only one proposal was received from Ninyo & Moore. A group of City staff reviewed the proposal for its responsiveness to the RFP and is recommending approval of this contract for up to $50,000.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
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
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:
City of Richmond
2020 Challenger Drive, Suite 103 | Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com May 24, 2022
Proposal No. 09OAK03-01336
Mr. Craig Murray
Development Project Manager II
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Subject: Request for Proposal for Hazardous Materials Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal
Dear Mr. Murray:
Ninyo & Moore is pleased to submit this proposal to the City of Richmond (City) to provide Hazardous Materials Characterization Services for the Terminal 4 Wharf, Warehouse, and Piling Removal located at the Point San Pablo Peninsula. Ninyo & Moore specializes in hazardous materials as part of the wide-range of services that we provide to our clients and is a respected environmental services consultant in California. Ninyo & Moore services a variety of clients throughout California but our primary focus is providing services to public works agencies, such as our past experience over the past 19 years with the City of Richmond.
With over 500 employees in 16 locations throughout the western United States, we provide the full spectrum of environmental services, including inspection and sampling of asbestos-containing materials, lead-containing paints, PCB-containing building materials, and universal wastes prior to renovation or demolition, development of technical specifications and bid documents for abatement of hazardous materials and/or conditions, supervision and air monitoring during abatement services, and final clearance inspection and clearance air and dust wipe sampling following asbestos and/or lead abatement, all of which we have performed for various waterfront clients throughout California, including for the US National Park Services, Port of Oakland, San Francisco International Airport, Port of Long Beach, and the Port of San Diego.
Our team will be led by our Project Manager and Principal Environmental Scientist, Mr. William Larkin, who is a California-Certified Asbestos Consultant (CAC) and Lead-Related Construction Inspector Assessor and Project Monitor (LRC PM and I/A), and has over 28 years of experience and has conducted several hundred HBMS and abatement oversight projects throughout Northern California for private and public clients. He is also a Principal and an authorized representative of Ninyo & Moore with the authority to negotiate on behalf of the firm, and is able to commit the company to the terms of the contract that would ensue as a result of this submittal.
We appreciate your consideration of Ninyo & Moore for this exciting and important project and hope for an opportunity to work with City of Richmond again.
Sincerely,
NINYO & MOORE
William Larkin, CAC, LRC I/A & PM
Project Manager & Principal Environmental Scientist
[email protected]
510.343.3000 ext. 15211
DWB/kej
Table of Contents
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 1 Table of Contents
Experience, Qualifications, & Availability / 21
Approach & Schedule / 92
Cost / 113
It is the policy of Ninyo & Moore to provide a safe and healthful work environment for all of its employees through the prevention of occupational injuries and illnesses. In keeping with this policy, Ninyo & Moore maintains a Corporate Health and Safety Program (HSP) and Management System which is integrated into every facet of project operation.
In addition to our Corporate Health and Safety Plan, Ninyo & Moore has prepared an addendum addressing the current COVID-19 pandemic. The goal of the HSP is zero accidents; therefore, accident prevention continues to be of paramount importance to the firm.
1 Experience,
Qualifications &
Availability
1 | Experience, Qualifications, & Availability
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 2 1 | Experience, Qualifications, & Availability
EXPERIENCE
Established in 1986, Ninyo & Moore has provided hazardous materials characterization, environmental, geotechnical engineering, geologic, and hydrogeologic consulting, and soil and materials testing and inspection services for public agencies throughout the western United States with a core segment of our business being performed under on-call or as-needed contracts. We have completed many projects similar to the Terminal 4 Wharf, Warehouse, and Piling Removal project, and have extensive experience managing contracts for services identical to those requested for public agencies throughout Northern California and Ports and Airports along the California coast, including:
Ninyo & Moore has conducted approximately 20 projects for the City of Richmond since 2013. These projects have included services for environmental assessment and remediation work; and hazardous building materials surveys (HBMS), preparation of related abatement specifications, oversight and monitoring (including clearance sampling and closeout reporting); and mold assessments. Buildings/facilities included a variety of facilities such as a senior center, firehouses, the Civic Auditorium, Shields- Reid Community Center, Anderson Community Center, Point Molate facilities, Wendell Park, and others. HBMS typically included sampling for suspect asbestos-containing material (ACM) and lead-containing material (LCM); however, several projects also included assessment of suspect universal wastes that include materials such as mercury, PCBs, and chlorofluorocarbons.
In the pages following, we have included examples of similar projects for California public works agencies. All services performed for these contracts were completed on-time and within budget. • Alameda County Public Works Agency
• City and County of San Francisco
• City of Alameda
• City of Albany
• City of Berkeley
• City of El Cerrito
• City of Emeryville Redevelopment Agency
• City of Fremont
• City of Millbrae
• City of Novato
• City of Oakland
• City of Palo Alto
• City of Pittsburg
• City of San Carlos
• City of San Leandro
• City of South San Francisco
• Contra Costa County Public Works
• Oakland International Airport
• Port of Oakland
• Port of Long Beach
• Port of Los Angeles
• Port of San Diego
• San Diego International Airport
• San Francisco International Airport
• Santa Clara County
3 1 | Experience, Qualifications, & Availability
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 Port of San Diego Anthony’s Fish Grotto Hazardous Building Materials Survey, San Diego, California Ninyo & Moore conducted a hazardous building materials survey (HBMS) for the demolition of Anthony’s Fish Grotto, a one-story, 3,500 square-foot waterfront restaurant building along the San Diego Bay located in San Diego, California. Survey activities included a preliminary visual assessment and bulk-sampling of suspect asbestos-containing materials (ACMs) and lead-containing surfaces (LCSs) in the interior and exterior of the subject building. The building sits on pylons over water and the underside of the building was surveyed and sampled via boat access. Representative samples of suspect ACMs were collected after identification of homogeneous sampling areas. Material type, location, condition, and friability were noted for each homogeneous area. The testing of potential LCSs were conducted using an XRF spectrum analyzer. Additionally, the interior of the building was vandalized and partially demolished, requiring specialized sampling procedures and protective equipment.
The information collected from the performance of the HBMS and subsequent laboratory testing was compiled, organized and analyzed using electronic maps for use by the Port’s Civil Engineer. The findings of the lead and asbestos survey helped the Port to plan pre-demolition abatement activities, which were used as bidding guidelines for the removal of the HBM. The survey was expedited to meet the Port’s deadline.
US National Park Service East Marin Island Residence & Associated Facilities, San Francisco Bay, San Rafael, California Ninyo & Moore was retained by the United States National Park Service (NPS) to perform a hazardous building materials survey (HBMS) at a residence and associated facilities on East Marin Island (Island) in the San Francisco Bay off of San Rafael, California. The HBMS involved a total of two structures constructed in the 1930s on the Island.
The destructive HBMS was related to the demolition of the residence and associated facilities in order to revert the Island back its former natural state. The Island was turned into a seagull rookery. Of particular importance during this project was coordination of travel to and from the Island via boat with NPS personnel and health and safety plans for Ninyo & Moore and NPS personnel and local wildlife. Ninyo & Moore provided quality service to NPS environmental staff amidst changing project schedules and deadlines.
Ninyo & Moore also provided oversight/review activities during the abatement of identified hazardous building materials.
Pittsburg Power Company Island Causeway Bridge Gas & Water Pipelines Renovation, Vallejo, California Ninyo & Moore performed hazardous building materials sampling, analysis and reporting on gas and water lines that span the Mare Island Causeway Bridge (Bridge) directly over the Mare Island Channel located in Vallejo, California. Asbestos and lead were the suspect hazardous building materials of concern.
The project included renovations to the gas and water lines spanning the length of the underside of the Bridge. Sampling, analysis and reporting related to the sampled materials, employee safety and potential biological/water contamination concerns were of utmost importance during this project. Ninyo & Moore provided quality service to the Pittsburg Power Company on time and within budget.
holding off on this section until i get final list from team
4 1 | Experience, Qualifications, & Availability
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 Port of Long Beach Gerald Desmond Bridge Demolition, Long Beach, California Ninyo & Moore was retained as a subcontractor to another firm to provide environmental consulting services in support of the Gerald Desmond Bridge (GDB) Demolition Project. The bridge was located within the Port of Long Beach, Long Beach, California (site) and had five roadway lanes which run from Ocean Boulevard and Interstate 710 and cross the back channel to Terminal Island in the Port of Long Beach. It was a one-level bridge structure totaling an approximate 340,000 square-foot area. The bridge consisted mainly of metal and concrete. The bridge deck was approximately 5,200 feet in length from the east abutment to the west abutment. The tallest portion of the bridge was 250 feet above the water.
A HBMS and documentation review of environmental reports were requested to be performed in preparation of demolition of the bridge. A survey work plan was prepared and submitted to the Port of Long Beach for approval prior to the field work for the HBMS.
The work plan included preparation of a site-specific health and safety plan prepared by a Certified Industrial Hygienist whom is also certified as a Safety Professional. The work plan also included a comprehensive traffic control plan prepared in accordance with the Port of Long Beach requirements and the W.A.T.C.H. Manual requirements.
Prior to performing the survey and in accordance with the site-specific health and safety plan, a pre-field visit to determine the sampling and safety needs of the bridge was conducted. Field inspectors were provided on-site aerial lift operations training in accordance with Occupation Safety and Health (OSHA) requirements as the survey needs required access to areas beneath the bridge up to 60 feet high.
The HBMS included an asbestos survey, lead-based paint survey, and developing an inventory of universal waste rule materials.
The asbestos survey was performed in accordance with the United States Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants, OSHA, and the local South Coast Air Quality Management District for performing asbestos surveys. The lead survey was conducted in accordance with the United States Department of Housing and Urban Development’s guidelines for lead surveys. XRF sampling was used for the initial survey and paint chip confirmation sampling was performed to confirm the lead content of select components. A visual assessment and quantification of universal wastes was prepared as part of the HBMS.
Approximately 1,000 gaskets were found to be asbestos-containing, which are located where the metal railings join the concrete side barriers. All metal beams, cross beams, support beams, and approximately 10,400 linear feet of traffic striping on the roadway were found to be lead-containing. Various transformers, electrical boxes, generators, and street lights were documented to contain other universal wastes, which will require special handling and disposal needs. Field activities, sampling methods, laboratory analysis, findings, and recommendations were summarized in a report. Ninyo & Moore provided hazardous abatement monitoring services during the abatement activities.
5 1 | Experience, Qualifications, & Availability
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022
QUALIFICATIONS
Ninyo & Moore will lead this contract from our Alameda, California office, under the direction of Principal and Project Manager, Mr.
William Larkin, CAC, LRC I/A & PM. He will act as the primary contact for the City, and he will oversee and direct the assignment of specific tasks to his support team. The assigned staff are credentialed by the State of California and are fully committed to successful completion of this project. They bring a combination of strong technical skills and were selected with specific attention to the anticipated scope of work for the City. We also understand that any changes to our team composition will require notification to and consultation with the City prior to replacement staff are assigned to support any task.
The organization chart below outlines the team roles and flow of communication, and the names of staff in each key position.
Resumes for key staff and a table outlining support staff credentials are provided in the following pages.
Senior Project
Environmental Scientist
Nicolas Carpenter, CAC, LRC I/A & PM
Certified Industrial Hygienist &
Corporate Safety Director
Stephen Waide, CIEC, CIH, CMC, CSP
Project Manager | Principal
Environmental Scientist
William Larkin, CAC, LRC I/A & PM
Team Organization
Support Team
Brian Ford, CSST, LRC I/A
Bryan Burkey Fong, LRC I/A
David Pacheco, LRC ST
Edilberto Quintero, LRC ST
Nicholas Marinello, CAC, LRC PM, I/A & ST
6 1 | Experience, Qualifications, & Availability
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022
EDUCATION
M.P.A., Golden Gate University, 1994,
San Francisco, California
B.A., Political Science and European
History, 1984, University of California,
Davis
REGISTRATIONS/CERTIFICATIONS
CA/DOSH Certified Asbestos Consultant,
No. 99-2688
CDPH Lead-Related Construction
Inspector/Assessor, No. 1285
CDPH Lead-Related Construction Project
Monitor, No. 1284
Sampling and Evaluating Airborne
Asbestos Dust Certification, NIOSH 582
OSHA 40-Hour Health & Safety Training
with Annual Updates
William P. Larkin, CAC, LRC I/A & PM
Project Manager & Principal Environmental Scientist
As a Principal Environmental Scientist for Ninyo & Moore, Mr. Larkin has extensive experience in all aspects of asbestos and lead-based paint surveys and construction management programs, as well as environmental planning programs including transportation and city planning projects. He has participated in multi-family asbestos and lead-based paint surveys in both occupied and unoccupied buildings, aided in asbestos project design and provided project management and construction monitoring in educational, commercial, industrial, residential, and laboratory facilities.
Mr. Larkin has conducted numerous environmental due diligence assessments and compliance reviews of retail, industrial, and commercial properties, as well as numerous biological/mold assessments for private and public clients. He has performed hundreds of HBMS throughout the San Francisco Bay Area and Northern California.
EXPERIENCE
City of Pittsburg, Limited Asbestos and Lead Paint Sampling Report, Water Treatment Plant, 300 Olympia Drive, Pittsburg, California: Project Manager for a limited ACM and lead-based paint (LBP) sampling project for the City of Pittsburg’s Water Treatment Plant. His responsibilities included sampling and analysis of building materials, and preparation of a ACM and LBP sampling report.
City of Vallejo On-Call Environmental Hazardous Material Services, Vallejo, California: Project Manager for this on-call engineering hazardous materials services contract. To date, services have included the performance of HBMS, preparation of HBM abatement specifications, and HBM abatement oversight and monitoring (including clearance sampling and closeout reporting) for a variety of City-owned structures such as a former church/homeless center and various municipal buildings.
Alameda County Public Works Agency On-Call Environmental Services Contract, Alameda County, California: Project Manager for various projects conducted under this on-call contract since its initiation in 2010, the majority of which have included inspection and testing of subsurface piping which was exposed during excavation activities that appeared to contain transite material. Other HBMS projects have included: preparing HBMS and lead-containing material investigations at several ACPWA sites, including the Alvarado, Ettie Street and Lake Merritt Pump Stations, where asbestos and lead samples were collected from building materials and equipment; preparing HBMS reports with our findings, conclusions and recommendations; and preparing bid specs for hazardous material abatement activities.
Housing Authority of the City of Alameda, North Housing HBMS, Alameda, California: Principal Environmental Scientist/Project Manager for HBMS at 17 buildings located on Mayport Circle, Kollman Circle and Mosley Avenue in the North Housing Area of Alameda, California scheduled for heavy renovation and/ or demolition. The HBMS included collection and analysis of hundreds of suspect asbestos- containing and suspect lead-containing materials, and quantifications of manufactured miscellaneous HBM (i.e. fluorescent light tunes, associated lighting ballasts, etc.). Bulk samples of suspect PCB material (caulking, sealants, etc.) were also collected and analyzed for PCB content. A large, final HBMS survey report was developed, as were abatement specifications for the identified hazardous materials.
7 1 | Experience, Qualifications, & Availability
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022
EDUCATION
B.S., Biology, 2005, University of
California Santa Cruz
REGISTRATIONS/CERTIFICATIONS
CA/DOSH Certified Asbestos Consultant,
No. 12-4867
CDPH Lead-Related Construction
Inspector/Assessor, No. 5078
CDPH Lead-Related Construction Project
Monitor, No. 5077
Nicolas J. Carpenter, CAC, LRC I/A, LRC PM
Senior Project Environmental Scientist
As a Senior Project Environmental Scientist, Mr. Carpenter performs Hazardous Building Materials Surveys to identify hazardous materials within school buildings; assists with preparing construction contract documents for the abatement, removal, management, and disposal of hazardous building materials associated with construction projects; prepares cost estimates of asbestos and lead abatement projects; performs air monitoring; and abatement contractor oversight management services to facilitate regulatory compliance during abatement projects. Mr. Carpenter also performs microbial and indoor air quality assessments, prepares correspondence, permit requests, reports, and other regulatory documents.
EXPERIENCE
Pier 12 Replacement Hazardous Building Materials Survey, San Diego County, California: Project Manager for the performance of a HBMS for the Pier 12 Replacement at the Naval Base in San Diego, California. The project involved engineering evaluations of two piers at Naval Base San Diego (Piers 12 and 14), and the Fuel Pier at Naval Base Point Loma. Each pier was evaluated for the presence of potential HBM, including suspect ACM, lead based paint (LBP), and other miscellaneous HBM. Inspections below each pier were timed to coincide with high tide, in order to access materials and surfaces found just beneath the underside of the piers. Samples of suspect materials were collected using EPA-recommended sampling procedures. To screen surfaces for lead content, a portable x-ray fluorescence (XRF) spectrum analyzer was utilized. Confirmation paint chip samples were also collected from suspect surfaces for laboratory analysis.
Port of San Diego Tenth Avenue Marine Terminal, San Diego, California: Project Manager for the performance of a HBMS of two warehouse buildings at the Tenth Avenue Marine Terminal located near the Coronado Bridge south of downtown San Diego. The information from the field was compiled, organized and analyzed using electronic maps for use by the Port District’s Civil Engineer. The findings of the survey activities are being used to plan future construction projects. Responsible for sampling and quantification of suspect asbestos-containing materials, review of laboratory data, and assisted with project coordination and report generation.
Port of San Diego Anthony’s Fish Grotto Demolition Hazardous Material Building Survey, San Diego, California: Project Manager for the performance of a HBMS and related reporting prior to the demolition of the former one-story restaurant totaling 3,500 square-foot built on the San Diego Bay in the 1960s. The field portion of the survey was completed in under a week and the report was produced to the client.
The lead and asbestos survey results were used as bidding guidelines for the removal of the hazardous material discovered during the survey.
College of Marin, Bolinas Marine Biology Laboratory (BMBL), Bolinas, California: Field Representative during the hazardous building materials sampling, analysis and reporting phase and the abatement monitoring phase for this College of Marin property that was demolished after being constructed in the early 1900s. The BMBL compound was a two-story structure with a separate, dedicated marine lab.
The two structures encompassed approximately 8,000 square feet.
8 1 | Experience, Qualifications, & Availability
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022
SUPPORT TEAM CREDENTIALS
Team Member Name Degree / Certifications
Brian Ford
Staff Environmental Scientist
CA/DOSH CSST, No. 09-4478
CDPH LRC I/A, No. 9602
Bryan Burkey Fong
Senior Project Environmental Scientist
B.S., Geology, San Francisco State University
CDPH LRC I/A, No. 2726
David Pacheco
Staff Environmental Scientist
CDPH LRC ST, No. 1700
Edilberto Quintero
Senior Staff Environmental Scientist
CDPH LRC ST, No. 0274
Nicholas Marinello
Project Environmental Scientist
B.A., Environmental Studies, University of San Diego
CA/DOSH CAC, No. 17-6117
CDPH LRC I/A, No. 3568
CDPH LRC PM, No. 9180
CDPH LRC ST, No. 3199
Among Ninyo & Moore’s major attributes
are a strong understanding of public sector
client needs, innovative technical solutions,
detailed understanding of regulations,
and a proactive, professional relationship
with regulators and consultants in the
region. Ninyo & Moore is currently one of
the District’s environmental consultants of
choice and has been selected on a high-level
of responsiveness to our projects, effective
communication skills, and quality of work.
- Paul Brown
Port of San Diego
“
“
2 Approach & Schedule
2 | Approach & Schedule
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 9 2 | Approach & Schedule
APPROACH
Ninyo & Moore will approach this project, first and foremost, from a very rigorous health and safety perspective. After discussions with the Client and observing the site facilities, we are assuming that all facilities are red-tagged and in-accessible. Site-specific health and safety and work plans will be prepared in an effort to quell any potential safety problems associated with planned assessment/sampling activities. With this in mind, we plan to use machinery to assist us with our sampling efforts at the wharf facilities. These will include a boom/man-lift to access as much of the wharf, warehouse and other associated structures as possible. We will also approach the assessment of these facilities from the bay side using a professional boat/launch service.
The assessment activities will include a hazardous building materials survey (HBMS) for asbestos-containing materials (ACM), lead-containing materials (LCM), polychlorinated biphenyls (PCBs), fuels, stored hazardous wastes, and miscellaneous hazardous building materials such as PCB light ballasts, switches and transformers, mercury-containing thermostats/switches, fluorescent light tubes, tritium exit signs, Freon™-containing refrigeration systems, and other potentially hazardous components.
Based on the site walk conducted on May 18, 2022, drums of unknown contents are present on the site. Because the wharf facilities could not be accessed at the time of the site walk, the number of drums is unknown. Using the boom lift, we propose to observe the interior of the wharf buildings for the presence of drums to the extent possible. Once located, the drums will be accessed and sampled by an experienced waste hauler from the boom lift. Each sample will be analyzed for the following parameters:
• Total Petroleum Hydrocarbons (TPH)-Diesel/Motor Oil (EPA Method 8015). • TPH as gasoline and Volatile Organic Compounds (VOCs) (EPA Method 8260). • PCBs (EPA Method 8082).
• Title 22 Metals (EPA Method 6010).
One underground storage tank (UST) has been identified on the site. The former use and contents of the UST are unknown. We propose to collect one sample of the contents of the UST and have it analyzed for the following parameters:
• Total Petroleum Hydrocarbons (TPH)-Diesel/Motor Oil (EPA Method 8015). • TPH as gasoline and Volatile Organic Compounds (VOCs) (EPA Method 8260). • PCBs (EPA Method 8082).
• Title 22 Metals (EPA Method 6010) (associated with waste oil if that is what was stored).
Based on our observations during the site visit, the UST is encased/enclosed in concrete. Therefore, we do not propose to collect samples of the soil beneath the concrete encasement. Soil beneath the concrete encasement can be observed at the time of removal of the encasement and subsequently sampled either as an independent event or handled at the time of soil removal as part of the seawall removal. The sample would be analyzed for the same parameters as the UST contents.
We understand that soils associated with removal of the seawall will be disposed of offsite. Therefore, the soil will need to be profiled for disposal at the appropriate facility. Because there are no known releases or significant sources of hazardous materials that could have had releases, our proposed scope of services for profiling the soil follows Class III non-hazardous waste soil guidelines. Class III guidelines recommend collecting one sample for every 250 cubic yards (cy) for the first 1,000 cy and one sample per 500 cy thereafter. Because the volume of soil to be removed and disposed of is unknown, the most efficient and representative approach to profiling the soil would be to remove the soil, stockpile it on site, and collect samples from the stockpiled soil. The samples will be submitted under chain-of-custody documentation to a California-certified analytical laboratory where they will be analyzed for the following parameters:
• Total Petroleum Hydrocarbons (TPH)-Diesel/Motor Oil (EPA Method 8015). • TPH as gasoline and Volatile Organic Compounds (VOCs) (EPA Method 8260). • Semi-Volatile Organic Compounds (SVOCs) (EPA Method 8270).
10 2 | Approach & Schedule
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 • Organochlorine Pesticides (EPA Method 8081) and PCBs (EPA Method 8082). • Title 22 Metals (EPA Method 6010); and
• Asbestos (CARB Method 435).
In addition, we will analyze 2 metals per sample for hazardous waste classification if metal results exceed California Code of Regulation Title 22 hazardous waste classification criteria. Analysis will include Soluble Threshold Limit Concentration (STLC) and Waste Extraction Test (WET) and /or Toxicity Characteristic Leaching Procedure (TCLP) as warranted.
Upon completion of the HBMS and drum and UST sampling, we will prepare a peer-reviewed report including a summary of the investigative methods and field observations; data evaluation and discussion; findings; and conclusions and recommendations, as necessary. A separate report will be prepared of the soil characterization associated with seawall removal. The reports will be signed by a Principal of the firm and the appropriate California Certified Professional.
SCHEDULE
The HBMS and drum and UST sampling will be completed within four (4) weeks of notice to proceed and is broken down as follows:
• Project startup and completion of site work two (2) weeks • Laboratory analyses one to two (1 to 2) weeks (some overlap with site work schedule) • Report preparation one (1) week
Soil characterization/profiling will be completed within three (3) weeks of soil stockpile availability and is broken down as follows:
• Site work one to two (1 to 2) days
• Laboratory analyses one to two (1 to 2) weeks
• Report one (1) week
ASSUMPTIONS
• The HBMS and drum sampling of the wharf facilities will be conducted via use of boom lift because of the red-tagged status of the facilities. Therefore, these sampling activities will be limited to the areas that can be accessed with the boom lift. It is further assumed that access will be allowed to facilities using a boom lift. • Bay sediments beneath the deck/wharf facility are not part of this project. • Approaching the site facilities (wharf, bldgs., etc.) from the water side via boat will be allowed. in an effort to overcome any potential safety issues we will be using only professional services (professional boat service vs. personal watercraft [kayak, etc.]).
• For safety purposes we have assumed a two-man crew for the HBMS and drum sampling. • Soil sampling will be conducted once all soil has been removed and stockpiled. • Laboratory analyses will be conducted on a 5- to 10-day normal turn-around-time. • Once mobilized to the site, no work stoppages beyond the control of Ninyo & Moore or its subcontractors will occur.
3 Cost
3 | Cost
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 11 3 | Cost
PROPOSED FEE
We propose to provide our services on a time-and-materials basis in accordance with the rate schedule provided below. The estimated fees for the services proposed herein include the following:
Hazardous Building Materials Survey-$28,500
Inclusive of 3 days of a boom lift, 1 day of professional boating service, all field and office labor, 40 asbestos analyses, 20 lead analyses, and 20 PCB analyses.
Sampling of Drums & UST (3 drum samples and 1 UST sample)-$7,800 The number of drums in the wharf facilities is unknown. Three were observed during the site visit; therefore, three drum samples have been included in our fee. Inclusive of 1 day of boom lift, laboratory analyses and field and office labor. Report is included in HBMS fee above.
Soil Characterization for Disposal-$1,100 per sample plus $4,200 labor.
Labor inclusive of all field and office labor. Number of samples to be identified post excavation.
A copy of our hourly rates is provided on the following pages.
12 3 | Cost
Ninyo & Moore | City of Richmond RFP for Hazardous Material Characterization Services - Terminal 4 Wharf, Warehouse and Piling Removal | P09OAK03-01336 | May 24, 2022 Ninyo & Moore | Project Name | Proposal No. | Date CA11 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 178 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 168 Senior Project Engineer/Geologist/Environmental Scientist ................................................................................... $ 163 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 156 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 142 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 126 GIS Analyst .............................................................................................................................................................. $ 116 Technical Illustrator/CAD Operator.......................................................................................................................... $ 92 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 163 Field Operations Manager ....................................................................................................................................... $ 112 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 108 Supervisory Technician ........................................................................................................................................... $ 98 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................ $ 98 Senior Technician .................................................................................................................................................... $ 97 Technician ................................................................................................................................................................ $ 92 Administrative Staff
Information Specialist .............................................................................................................................................. $ 78 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 76 Data Processor ........................................................................................................................................................ $ 73 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.
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 hav
e 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, Copyrights 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 expres
s 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 int ellectual 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 expens
e, 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 peri od 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 at
torney'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 misc onduct 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 regulat
ions 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 pr
ovisions 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 financ
ed 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
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
R
evised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST REQUIRED 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, CONT
RACTOR must replace coverage immediately and provide notice to City.
Um
brella/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
R
evised: 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 br eaches 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.
June 21, 2022
Public Works
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, Director of Public Works
Rob Chelemedos, Streets Maintenance Superintendent
Subject:
Proposed Standing Purchase Order for Traffic Signs &
Lines Materials
FINANCIAL IMPACT: The contracts will be funded primarily from the approved fiscal years 2022-2025 Public Works Gas Tax
(10234431-400645-01A05), Engineering & Capital
Improvement SB1 budget, and the Transportation
Division based on project needs.
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
City staff members are seeking approval to establish
standing purchase orders with First Vanguard Rentals
and Sales, Inc., Statewide Traffic Safety and Signs, Inc., and The Construction Zone for fiscal years 2022-2025 for traffic signs and lines materials.
RECOMMENDED ACTION:
APPROVE standing purchase orders with First Vanguard
Rentals and Sales, Inc., Statewide Traffic Safety and
Signs, Inc., and The Construction Zone for traffic signs and lines materials in a total combined amount of
$900,000, with an allocation not-to-exceed $300,000 per vendor over a three-year period, with one (1) two-year
option to renew at $200,000 per vendor over the two-year period. – Public Works Department (Joe Leach 620-5478
/ Rob Chelemedos 231-3007).
AGENDA
REPORT
June 21, 2022
DISCUSSION:
First Vanguard Rentals and Sales, Inc., Statewide Traffic Safety and Signs, Inc. and The Construction Zone will provide materials needed for traffic signs and lines for newly paved streets and for maintenance of existing streets. Materials will include signs hardware; hang signs, paints and thermoplastic materials for striping, and roadway delineators. These vendors are in Fairfield and Concord within reasonable distance to assure timely delivery of materials.
Seeking three (3) vendors due to supply chain shortage for various reasons including Covid. Additional funds will be used to offset the Engineering and Transportation Division requested work.
On April 21, 2022, the Department of Public Works issued an Invitation for Bid for Traffic Signs and Lines Materials. The Bid was posted on the City's BidsOnline System where 145 vendors were notified, and six (6) vendors downloaded copies of the Bid.
On May 10, 2022, hard copies of the bids were received from the following vendors:
First Vanguard Rentals and Sales, Inc.
Statewide Traffic Safety and Signs, Inc.
The Construction Zone
The bids were reviewed by City staff members and each vendor was found to be compliant. City staff is requesting to issue standing purchase orders with First Vanguard Rentals and Sales, Inc., Statewide Traffic Safety and Signs, Inc., and The Construction Zone for three (3) years, in a total combined amount of $900,000, with an allocation not-to-exceed $300,000 per vendor over a three-year period, with one (1) two-year option to renew at $200,000 per vendor over the two-year period.
DOCUMENTS ATTACHED:
Attachment 1 – Bid Project Report
Attachment 2 – Comparative Pricing
Attachment 3 – First Vanguard Rentals and Sales, Inc. quote Attachment 4 – Statewide Traffic Safety and Signs, Inc. quote Attachment 5 – The Construction Zone quote
June 21, 2022
Finance Department
DATE: June 21, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, City Manager
Anil Comelo, Interim Deputy City Manager
Delmy Cuellar, Director of Finance
LaShonda White, Interim Director of Library and
Community Services
Mubeen Qader, Budget Administrator
Antonio Banuelos, Accounting Manager
Subject: Adopt Fiscal Year (FY) 2022-2023 Proposed Operating Budget and FY 2022-2023 through 2026-2027 Capital
Improvement Plan.
FINANCIAL IMPACT: There is no financial impact associated with adopting the FY 2022-2023 Annual Operating Budget and FY 2022-
2023 through FY 2026-2027 Five-Year Capital
Improvement Program. At this point, the General Fund
budget is structurally balanced with revenue and
expenditures equal to $206,632,248.
PREVIOUS COUNCIL
ACTION:
April 19, 2022, April 26, 2022. May 3, 2022, May 17,
2022, May 24, 2022, and June 7, 2022
STATEMENT OF THE
ISSUE:
City staff is submitting the Fiscal Year (FY) 2022-2023 Annual Operating Budget and the FY 2022-2023 to
FY 2026-2027 Five-Year Capital Improvement Program
Budget to City Council for adoption prior to the June 30, 2022, deadline.
AGENDA
REPORT
June 21, 2022
RECOMMENDED ACTION:
ADOPT resolutions approving: (1) Fiscal Year (FY) 2022- 2023 Annual Operating Budget, and (2) FYs 2022-2023
to 2026-2027 Five-Year Capital Improvement Program
Budget – City Manager’s Office/Finance Department
(Shasa Curl/Delmy Cuellar 510-620-6740).
DISCUSSION:
On April 20, 2021, the Richmond City Council adopted fiscal guidelines to enhance transparency, fiscal responsibility, and sustainability, and provided a set of budgeting principles to navigate through economic challenges. The guidelines were developed to help City staff, City Council, and the community at large address community needs and services throughout the budget process. The guidelines were developed to maximize public participation and requires City staff to engage with the City Council and the public to reflect community aspirations in the budget.
During the budget development process, City staff facilitated four community budget meetings and a meeting with the labor unions to receive input from various stakeholders. City departments presented their budgets at the City Council meetings from April 19, 2022, through June 7, 2022, and discussed their accomplishments and goals for the next year, along with their staffing plans and proposed budgets. City staff also met with several City councilmembers to address specific questions regarding various aspects of the budget development process. City Council also received presentations from NBS Consulting regarding the Cost Allocation Plan (CAP) and Human Resources/Risk Management regarding internal service charges such as Worker’s Compensation and General Liability charges.
In accordance with Richmond Municipal Code Section 2.61.010, on May 3, 2022, the City Manager submitted the first draft of the FY 2022-2023 operating budget, and FYs 2022-2023 through 2026-2027 Five-Year Capital Improvement Plan. Initially, the operating budget gap was approximately $1.9 million, however, City staff provided several pending adjustments that increased revenues, reduced expenditures, and resulted in a budget surplus of $27,854.
On June 7, 2022, the City staff presented a second draft of the FY 2022-2023 budget with a surplus balance of approximately $4.5 million. City staff also presented potential adjustments reflecting the City Council and community’s requests that could be incorporated into the budget before final adoption per the City Council’s direction. This agenda item presents a balanced General Fund budget for the FY 2022-2023, and requests that City Council adopts resolutions approving: (1) FY 2022-2023 Annual Operating Budget, and (2) FYs 2022-2023 to 2026-2027 Five-Year Capital Improvement Program Budget (Attachment 1 and Attachment 6, respectively).
June 21, 2022
Economy
Global, national, and local economies continue to face challenges due to rising inflation, increasing oil prices, the ongoing Russian invasion of Ukraine, continued supply chain issues, and 2022 workforce shortages. Despite these challenges, the University of California, Los Angeles - Anderson School of Management’s economic forecast published, with considerable uncertainty, continued economic strength at the national level in 2022, 2023, and 2024; the economic forecast projects Gross Domestic Product growth as following: 4.3 percent in 2022, 2.8 percent in 2023, and 2.3 percent in 20241.
In the California economy, the unemployment rate is expected to drop to 4.3 percent through 2024. Despite an expected increase in interest rates, the state expects rapid growth in homebuilding.
Richmond’s proposed FY 2022-2023 budget uses continued moderate economic growth, as the backdrop to estimate revenue and expenditure. The FY 2022-2023 city- wide expenditure budget amounts to $438,338,897 million, of which $206,632,248 is from the General Fund, and $231,706,650 million is from non-General Fund accounts.
These numbers show an increase when compared to FY 2021-2022.
GENERAL FUND
The proposed FY 2022-2023 General Fund budget is structurally balanced with both revenues and expenditures at $206,632,248.
Table 1: Proposed General Fund Budget FY 2022-2023 Revenue and Expenditures GENERAL FUND FY 2022-2023
DRAFT BUDGET
TOTAL REVENUE $206,632,248
TOTAL EXPENSE $206,632,248
Net (-Gap)/+Surplus $0.00
Revenues
The total proposed General Fund revenue for the FY 2022-2023 budget is $206.6 million. City staff is projecting an additional $14.3 million in General Fund revenue from the current FY 2021-2022 revised General Fund budget. Detailed information regarding revenue changes can be found in Attachment 2 – General Fund Revenue and Expenditure Summary. The information below highlights major revenue changes by revenue type.
1 https://www.anderson.ucla.edu/news-and-events/press-releases/ucla-anderson-forecast-russia-ukraine- war-adds-new-risks-us-and-california-economies
June 21, 2022
Property Tax – Increase of $823,000: In preparing the FY 2022-2023 budget, City staff forecasted Assessed Valuation (AV) growth of three percent. This was based on the change in value of properties sold during the last year, the Chevron Refinery AV remaining flat, and all other properties increasing by two percent. Actual change in AV will not be known until the Equalized Roll is published by Contra Costa County the first week of July 2022. This roll will list every property in Richmond, including their updated valuation.
Sales Tax – Increase of $3.3 million: This increase is based on updated estimates provided by the City’s sales tax consultants, Avenu Consulting. This increase is bolstered by the big-box stores including Costco, Target, The Home Depot, and Wal- Mart. Additionally, the increase corresponds to an overall increase of 6.3 percent for the sales tax category. In particular, the Bradley Burns 1 percent sales tax is projected to increase by five percent, while the voter-approved half cent measures are expected to increase by 10 percent in the coming year compared to the current FY 2021-2022 revised budgeted amounts.
Utility Users Tax (UUT) – Increase of $3.4 million: UUT is an “excise” or usage tax imposed on a person or entity using utility services (i.e., electricity, gas, or communications). For the most part, the various UUT streams such as cable television, gas and electricity, and telecommunications are expected to stay flat with zero percent grow this coming year. An increase of $3.4 million is budgeted stemming from a forecasted increase to the UUT Cap Provision. The cap amount, paid by Chevron, is tied the Consumer Price Index (CPI) for energy services in the San Francisco metropolitan area. This CPI through the April postings by the United States Bureau of Labor Statistics corresponds to an increase of over 13 percent. The actual amount will not be known until the end of June 2022.
Other Taxes – Increase of $685,000: This revenue category includes the Documentary Transfer Tax, whose budgeted amount corresponds to the average Transfer Tax collected since the voter-approved tiered structure went into effect in 2019, as per instructions within the Guiding Fiscal Policies. This yields an estimate of $13.6 million, which is the same as the budgeted amount in the revised FY 2021-2022 budget.
Licenses, Permits & Fees – Net Increase of $775,000: $425,000 of this increase stems from increased Code Enforcement collections. $158,000 stems from a two percent increase in the Business Tax category (see below for details regarding Measure U). Finally, City staff is projecting an increase of $332,000 in Recreation fees, as Recreation programs approach pre-pandemic levels. All other revenue streams that feed into this category will see a net decrease of $140,000. This decrease is primarily tied to one-time revenues (and corresponding expenses) tied to both Point Molate and Campus Bay projects.
Measure U -- City staff is budgeting $7.9 million, plus an escalator of two percent, which corresponds to an additional $158,000, for a total of $8,058,000.
The budgeted amounts include the reduction to the tax due to a Council-
June 21, 2022
approved credit for small residential property owners. In December 21, 2021, City Council approved a resolution allowing landlords with four or less residential units to credit their paid Rent Board fees against their gross receipts tax obligation.
City staff will continue analyzing this new revenue stream and update projections as additional data is gathered.
Other Revenues (Includes Fines & Forfeitures, Charges for Services, Other Revenues, Rental Income, Intergovernmental State Taxes & Grants, and Loan & Bond Proceeds, and Operating Transfers In) – Net decrease of $920,000: Most of these adjustments generate from revenue received year-to-date that were either not expected or are exceeding projections. In some cases, these are one-time revenue increases and decreases that cannot be anticipated, or the amount received is deviating significantly from previous years.
Increase to Fines & Forfeitures of $6,378 or 1.4 percent stemming from projected increases in Municipal Court Fines.
Increase to Charges for Services of $146,833 primarily from increased Police Special Services.
Decrease to Other Revenue of $1,286,427 stemming from one-time revenue that occurred in FY 2021-2022, that will not occur again in FY 2022-2023. This includes pass-through payments related to Point Molate and Campus Bay projects.
Increase of $127,239 in Rental Income primarily tied to the rental of Recreation facilities as Recreation programs approach pre-pandemic levels. Increase of $35,000 in Intergovernmental State Taxes stemming from State Mandated Claims reimbursements trending higher in FY 2021-2022 and that trend is expected to continue in FY 2022-2023.
Decrease of $12,878 in Intergovernmental State Grants, which is directly tied to an Office of Neighborhood Safety State Grant that was budgeted in FY 2021- 2022 and is not expected in FY 2022-2023.
Increase of $100,000 in Intergovernmental Other Grants based on staff’s expectation of additional revenue in Supplemental Law Enforcement Revenue Contra Costa County.
Decrease of $36,400 in Loan and Bond Proceeds, as no loan and bond proceeds are expected in FY 2022-2023. If that changes, the corresponding budget will be adjusted at mid-year.
Operating Transfers In – Increase of $6,210,346: The revenue that flows into the Pension Tax Override Fund is expected to increase at the same rate as Property Taxes.
What is unique in FY 2022-2023 is that the Bond Intercept amount, which was $12.7 million in FY 2021-2022, is currently projected to decrease to $6.6 million in FY 2022- 2023. However, the Bond Intercept will go back up to $13.0 million in FY 2023-2024.
June 21, 2022
Proposed General Fund revenue adjustments in the FY 2022-2023 budget for July 1, 2022, are as follows and listed in Attachment 2.
Table 2: Proposed General Fund Revenue FY 2022-2023 Budget
Expenditures
FY 2022-2023 total proposed expenditures are $206,632,248. Overall, total expenditures are increasing by 5.8 percent from the FY 2021-2022 revised budget.
Major increases are highlighted in Table 3 below and included in Attachment 2 - General Fund Revenue and Expenditure Summary. The assumptions behind the expenditures are provided in the Attachment 3 – General Fund Revenue and Expenditure Assumptions.
Table 3: Proposed General Fund Expenditures FY 2022-2023 Budget
EXPENDITURES
FY 2021-2022 REVISED
BUDGET
FY 2022-2023
PROPOSED BUDGET CHANGE
SALARIES AND
WAGES
75,822,428 78,761,868 3.9%
PYRLL/FRINGE
BENEFIT
62,143,352 66,929,804 7.7%
PROF & ADMIN 16,248,412 16,977,138 4.5%
OTHER
OPERATING
7,225,103 8,720,902 20.7%
REVENUES
FY 2022-2023
REVISED BUDGET
FY 2022-2023
PROPOSED BUDGET CHANGE
PROPERTY TAXES 45,233,561 46,056,962 1.80%
SALES & USE TAX 51,993,736 55,282,200 6.30%
UTILITY USERS TAX 46,522,663 49,963,589 7.40%
OTHER TAXES 20,953,343 21,638,449 3.30%
LICENSES, PRMITS&FEES 10,354,335 11,129,402 7.50%
FINES & FORFEITURES 468,897 475,275 1.40%
USE OF MONEY&PROPRTY 236,079 236,079 0.00%
CHARGES FOR SERVICES 3,424,459 3,571,292 4.30%
OTHER REVENUE 1,473,927 187,500 -87.30%
RENTAL INCOME 747,268 874,506 17.00%
INTERGOV STATE TAXES 90,000 125,000 38.90%
INTERGOV STATE GRANT 187,878 175,000 -6.90%
INTERGOV OTHER GRANT 153,569 253,569 65.10%
PROC FR SLE PROP 100,000 100,000 0.00%
LOAN/BOND PROCEEDS 36,400 - -100.00%
OPER XFERS IN 10,204,224 16,563,424 62.30%
TOTAL REVENUE 192,180,338 206,632,248 7.50%
June 21, 2022
UTILITIES 5,010,518 5,399,957 7.8%
EQPT &
CONTRACT SVCS
2,555,148 2,731,448 6.9%
PROVISN FOR INS
LOSS
27,673 25,725 -7.0%
COST POOL 14,455,436 15,277,766 5.7%
ASSET/CAPITAL
OUTLAY
1,416,551 2,422,136 71.0%
DEBT SVC
EXPENDITURE
1,065,359 1,037,009 -2.7%
A87 COST PLAN
REIMBS
-3,516,104 -3,531,610 0.4%
GRANT
EXPENDITURES
82,500 2,500 -97.0%
OPERATING
TRANSFERS OUT
12,801,419 11,877,605 -7.2%
TOTAL EXPENSE 195,337,796 206,632,248 5.8%
Salaries and Fringe Benefits: The total budget for salaries and benefits is approximately $78.8 million and $66.9 million respectively. The proposed budget includes salaries and wages of 710.9 Full-Time Equivalent (FTE) positions, which represents a net increase of 4.8 additional FTEs when compared to the mid-year FY 2021-2022 approved total. The increase in FTEs reflects the positions that the City Council has approved since the mid-year, plus one additional position, a Management Analyst I/II in the Economic Development department, proposed for FY 2022-2023. The proposed budget also includes the elimination of a vacant Accounting Assistant II position in the Finance department. Other assumptions include cost of living adjustments (COLA) per the approved Memorandum of Understandings with Local 21 (executives and mid-managers), and SEIU Local 1021 bargaining units. Respective fringe benefits are projected based on several factors such as health care provider rates, CalPERS rates, Other Post-Employment Benefits rates, and Workers Compensation rates.
As a result of the City’s historically high vacancy rate, the proposed FY 2022-2023 budget incorporates a salary and benefits savings rate totaling $8.3 million or approximately six percent. The vacancy savings rate is increased from the current year budget which was at $5.8 million and about four percent of the salary and benefits budget for the current fiscal year.
Workers Compensation and General Liability: Rates are generally derived from actuarial reports that factor in several drivers around claims cost, assumed risk factor, and a targeted confidence level of the Risk Reserve. The initial rates, in the proposed draft budget presented on May 3, 2022, were to achieve a 65 percent confidence risk reserve level, resulting in significant increases in charges from the current year budget level. To avoid drastic budget increases to City departments, City staff proposes that the increase in the confidence level should be implemented gradually over several years.
June 21, 2022
Until the City develops a formal plan for the confidence level increment, the proposed draft budget for FY 2022-2023 is set to increase the General Liability charges by five percent city-wide from the FY 2021-2022 budget level. Workers Compensation charges are only increasing by one percent in each category listed in Table 4 below.
Table 4: Workers Compensation Proposed Rates for FY 2022-2023 FY 2021-22 Rates FY 2022-23 Rates
Worker’s Compensation Clerical 7.83% 8.83% Worker’s Comp Fire 18.65% 19.65% Worker’s Comp Professional 5.8% 6.8%
Worker’s Comp Police 22.08% 23.08% Worker’s Comp Maintenance 12.71% 13.71%
Professional and Administrative Services: The total proposed budget is $16.9 million, an increase of 4.5 percent from FY 2021-2022. The proposed budget is baseline with a 5 % inflation contingency to mitigate the negative impacts of inflation on the services.
Other Operating: The proposed total budget is increasing by 20.7 percent and includes a five percent inflation contingency and expected Point Molate operating expenditures of $1 million.
Equipment and Contract Services: This category includes various equipment rental and maintenance contracts. The proposed budget is increasing by 6.9 percent, with a major increase stemming from a five percent inflation contingency.
Utilities: The total proposed budget is increasing by 7.8 percent compared to the FY 2021-2022 budget. The category includes a baseline budget with a 5 percent inflation contingency.
Cost Pool: The total proposed cost pool budget is $15.3 million, and includes line items where internal costs are allocated to other areas within the City. Major line items within this category are: General Liability (discussed above), Vehicle Replacement, Civic Center Debt Allocation, and Cost Allocation Plan (Administrative Charges). The line items in cost pool were discussed in the June 7th, 2022, budget staff report.
Capital Asset Outlay: The category includes large equipment and major improvement expenditures. The proposed budget is increasing by $1 million due to the additional investment in the city’s pavement and sidewalk system.
Operating Transfers Out: These are General Fund Subsidies and mandated contributions to Non-General Fund programs. A mandated contribution is generally due to a specific agreement, a voter approved measure, maintenance of effort required by the State, or a required grant match. Table 5 below lists of major transfers out. Major change in the category is the allocation to the Department of Children and Youth which
June 21, 2022
is increasing from one to two percent of the General Fund revenue. In addition, a transfer to Non-General Fund departments to implement Reimagining Public Safety Intervention Programs is also included (transfer to Planning for the Unhoused Intervention and a transfer to Employment and Training for Youthworks).
Table 5: General Fund Operating Transfers Out Draft Budget FY 2022-2023 Operating Transfers Out
Proposed
Budget FY 2022-23
Debt Service 1,744,390
Hilltop Lighting and Landscaping District 229,115
Marina Bay Lighting and Landscaping District 462,436
Employment and Training 743,201
Information Technology Equipment Replacement 100,000
Department of Children and Youth 3,936,896
Richmond Housing Authority 1,261,082
Pension Fund 100,485
Reimagining Public Safety - Unhoused Intervention 1,320,000 Reimagining Public Safety -Youthworks 1,980,000
Total 11,877,605
Key inclusions in the Proposed FY 2022-2023 Budget
On June 7, 2022, the City staff proposed several appropriations to be included in next year’s budget based on estimated available funding sources. Table 6 below, slightly updated from the table included in the June 7, 2022, staff report, lists funding sources and items that City Council could consider for inclusion in the FY 2022-2023 budget.
Table 6: Adjustments incorporated since June 7, 2022, Presentation Funding Sources Key Inclusions in the Proposed Budget
June 7, 2022, Estimated Surplus 4,513,570 COLA/Class & Comp 7,385,608 Vacancy Saving Factor 6% of the
Salary & Benefits 8,339,184 Inflation Factor (5%) 1,410,215 Transfer In From PTOR* 148,800 City Attorney Legal Services 1,500,000 Savings from Employment and
Training Subsidy 418,000 Point Molate Expenses 1,000,000 Savings from RHA Subsidy 278,242
Additional Paving Index
Investment & Sidewalk
Repairs/Safety
Enhancements
1,000,000
Other Savings 128,027 Housing First 425,000
Public Bank 750,000
June 21, 2022
Reparations, Equity, and
Inclusion Implementation -
Year One**
250,000
Literacy Fair 5,000
Short-term Emergency
Housing Interventions 100,000
New City-wide Appropriation
Requests Not included
City-wide Position Requests Not included
Total Available 13,825,823 Total 13,825,823
*Pension Tax Override Reimbursement (PTOR)
The list below provides more information about each proposed recommendation. Cost of Living Adjustments (COLA) and Class and Compensation Study Implementation costs - $7,385,608: The implementation costs of the Classification and Compensation study, the 5 percent COLA for Local 1021 and Local 21, Executives, and a placeholder for possible COLAs for public safety (pending negotiations), are included in the budget with an estimated total of $7,385,608.
Five Percent Inflation Contingency - $1,410,215: The US economy is experiencing significantly higher inflation than prior years. To mitigate the potential negative impacts of the hyperinflation on the City’s services, an inflation contingency of five percent was added to the baseline non-payroll expenditures in the proposed budget.
City Attorney Legal Services - $1,500,000: This amount serves as a place holder budget to cover the estimated legal services costs for the City in FY 2022-2023. Paving Condition Index (PCI) Investment - $1,000,000: According to the recent Pavement Distress Survey, the baseline funding level of $4 million per year is not sufficient to sustain the City’s current average paving index at 60 points. Without additional funding, the City’s PCI is projected to decline by 9 points to 51 in five years.
Point Molate Operating Expenditures - $1,000,000: The City will have to cover the cost of security and maintenance costs for the site for FY 2022-2023. Housing First - $425,000: This allocation serves as an initial appropriation to develop a Housing First Framework to support the housing needs of some of Richmond’s most vulnerable populations.
Public Bank - $750,000: On April 5, 2022, the City Council approved the City of Richmond as a founding member of the Public Bank East Bay (PBEB). Reparations, Equity, and Inclusion Implementation - $250,000: On January 18, 2022, City Council approved a proposal from then-Vice Mayor Demnlus Johnson to support the research, development and implementation of various reparations, race, equity and inclusion-related items. This funding is an initial allocation to begin work, and work will be done in collaboration with Richmond’s race equity team.
June 21, 2022
Literacy Fair - $5,000: The City Council requested the addition of a literacy fair to the FY 2022-2023 budget.
Short-Term Emergency Housing Interventions - $100,000: This funding will provide housing support to a family under extreme distress.
General Fund Reserve Level
The General Fund mid-year 2021-2022 budget update included expenditure projections exceeding revenues by $3.1 million. Based on current information, City staff estimate the FY 2021-2022 year-end unassigned fund balance (reserve level) will exceed the policy target of 15 percent. As such, the proposed budget for FY 2022-2023 does not include any additional contribution to the reserve at this time. City staff will continue to monitor the budget through the current year fiscal close process and return to the City Council with estimated pre-audited amounts and to seek guidance. Given the current economic volatility and the need to refinance the SWAPs/POBs, City staff recommend refraining from trying to allocate and creating set asides such as those included last fiscal year.
NON-GENERAL FUND/OTHER FUNDS
The total Non-General Fund budget is estimated at $231,706,650 and includes funds dedicated to several programs and services that require tracking of expenditures in specific funds. Table 7 below shows total proposed budget by fund type. The fund level detailed proposed budget is listed in the Attachment 4 - Fiscal Year 2022-2023 Comprehensive Budget by Fund.
Table 7: Non-General Fund Proposed Budget FY 2022-2023
Fund Type Proposed FY 2022-2023
Other Operations 27,075,053
Special Revenue 39,674,849
Capital Improvement 37,256,854
Debt Service 21,612,086
Enterprise 70,579,794
Internal Service 25,169,925
Housing 5,458,047
Richmond Housing Authority 4,880,044 Total 231,706,650
MAJOR CAPITAL PROJECTS
The proposed FY 2022-2023 Capital Improvement Projects budget is $37,256,854.
Attachment 7 lists the Five-Year Capital Plan from FY 2022-2023 through 2026-2027, with individual project detail, timeline, and funding source. Many projects expand over
June 21, 2022
multiple years; however, the projects are appropriated on annual basis. Table 8 below lists Capital Improvement budget by fund.
Table 8: Total Capital Projects by Fund Proposed Budget FY 2022-2023 Fund Number Fund Name Proposed FY 2022-2023
Budget
1002 Gas Tax 2,815,755
1019 RMRA-SB1 2,395,337
1054 Engineering Grants 14,509,778
2001 General Capital 3,061,487
2002 Measure J 3,786,947
1004 Asset Seizure 20,000
1006 Outside Grants 8,662,839
2113 Fire Impact Fee 89,383
2110 Park Impact Fee 15,000
2111 Traffic Impact Fee 263,639
2116 Open Space Impact Fee 373,264
2117 Library Impact Fee 469,295
2120 Wastewater Impact Fee 794,130
Total Capital Project Funds $37,256,854
CONCLUSION
The City’s FY 2022-2023 Operating and CIP budget is balanced; however, it is important to note that there are several fiscal headwinds on the horizon. Classification and Compensation Study Implementation: The City’s compensation plan is below market and it is increasingly difficult to recruit and retain key staff positions. Due to high turnover, the City is experiencing a historically high vacancy rate. To acknowledge the unfilled positions, the City Council has authorized the use of a six percent salary and benefits saving rate in the proposed budget which will help offset the Classification and Compensation Study implementation costs. Throughout FY 2022-2023, City staff must monitor the number of vacant positions to ensure the City meets the targeted vacancy savings rate and corresponding budgeted savings.
Unfunded Retirement and Other Post-Employment Benefits (OPEB) Liabilities:
According to the CalPERS Actuarial Valuation report dated June 30, 2020, the funded ratios have slightly improved for both Public Safety and Miscellaneous plans; however, the total unfunded liability is still increased from $351 million to $367 million. Richmond’s total OPEB Unfunded Actuarial Accrued Liability is estimated at $102 million.
Paving Condition Index (PCI)/Sidewalk Repair Program: Pavement Engineering Incorporation (PEI), a third-party consultant, inspected arterial and collector road segments in the City of Richmond. The study concluded that to maintain the paving system at its current overall PCI of 60, the City will need to spend an
June 21, 2022
average of $22.9 million annually over the next 5 years. Maintaining the current funding level of approximately $4 Million annually will result in a PCI loss of 9 points in 5 years to a PCI of 51. The investments in the City’s infrastructure need a dramatic increase to improve and sustain its pavement infrastructure. Risk Reserve Claim Costs: Proposed FY 2022-2023 budget has underbudgeted claim costs (Workers Comp at $3,047,073, and General Liability at $4,668,140) diverging from the recent actuarial studies’ prescriptions. The underfunding of the Risk Reserve will decline the confidence level of the reserve and is not a fiscally prudent practice and can impact the City’s capacity to pay its claim liabilities. The City staff must monitor the Risk Reserve and the claim costs and may need to revise the contributions to the reserve during the mid-year FY 2022-2023 update.
Table 9: Actuarial Review of the Self-Insured Worker's Compensation Program
Table 10: Actuarial Review of the Self-Insured Liability Program
June 21, 2022
NEXT STEPS
City staff will continue to monitor the City’s financials closely and bring back the FY 2022-2023 first quarter update in October 2022. City staff will also plan to bring forth a long-term financial forecast around December 2022 to support the development of the FY 2023-2024 budget process. Please visit the City’s website at https://www.ci.richmond.ca.us/1427/Presentations for the most up-to-date budget information and presentations.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Adopting the Fiscal Year 2022-2023 Operating Budget Attachment 2 – General Fund Revenue and Expenditures Summary Attachment 3 – General Fund Revenue and Expenditure Assumptions Attachment 4 – Fiscal Year 2022-2023 Comprehensive Budget by Fund Attachment 5 – Fiscal Year 2022-2023 Operating Budget
Attachment 6 – Resolution Approving Capital Improvement Plan for Fiscal Years 2022-2023 through 2026-2027
Attachment 7 – Five-Year Capital Improvement Plan for Fiscal Year 2022-2023 through 2026-2027
Attachment 8 – Attachment 8 – Presentation
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING THE FISCAL YEAR 2022-2023 OPERATING BUDGET
WHEREAS, pursuant to Section 1(b) of Article IV of the Richmond City Charter the City Manager is required to prepa re an annual budget for the review and approval by the City Council; and
WHEREAS, all appropriations for the prior fiscal years shall lapse at the end of Fiscal Year 2021-2022 and any remaining amounts shall be credited against their respective fund balances except for any encumbered amounts for s pecific obligations outstanding at the end of said Fiscal Year; and
WHEREAS, all grants received per the attached grants listing shall be appropriated and spent according to grant guidelines; and
WHEREAS, the City Council has reviewed the proposed budget for Fiscal Year 2022-2023 at public meetings on April 19, April 26, May 3, May 17, May 24, and June 7, 2022; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the 2022-2023 Operating Budget for the following funds:
Funds FY 2022-2023
General Fund $206,632,247
Other Operating 27,075,053
Special Revenues 39,674,849
Capital Improvement 37,256,854
Debt Service 21,612,086
Enterprise 70,579,794
Internal Service 25,169,925
Housing Department 5,458,047
Richmond Housing
Authority 4,880,044
Total $438,338,897
BE IT FURTHER RESOLVED, that the budget for the Capital Improvement Funds will be adopted as a separate document.
*****
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California, at a regular meeting thereof held June ___, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
____________________________________
CLERK OF THE CITY OF
RICHMOND
(SEAL)
Approved:
_________________________________
Mayor
Approved as to Form:
_________________________________
City Attorney
Attachment 2 ‐ General Fund Revenue adn Expenditures Summary GENERAL FUND FY 2021‐2022 FY 2022‐2023 PCT
REVISED BUDGET PROPOSED BUDGET CHANGE
PROPERTY TAXES 45,233,561 46,056,962 1.80% SALES & USE TAX 51,993,736 55,282,200 6.30% UTILITY USERS TAX 46,522,663 49,963,589 7.40% OTHER TAXES 20,953,343 21,638,449 3.30% LICENSES,PRMITS&FEES 10,354,335 11,129,402 7.50% FINES & FORFEITURES 468,897 475,275 1.40% USE OF MONEY&PROPRTY 236,079 236,079 0.00% CHARGES FOR SERVICES 3,424,459 3,571,292 4.30% OTHER REVENUE 1,473,927 187,500 ‐87.30% RENTAL INCOME 747,268 874,506 17.00% INTERGOV STATE TAXES 90,000 125,000 38.90% INTERGOV STATE GRANT 187,878 175,000 ‐6.90% INTERGOV OTHER GRANT 153,569 253,569 65.10% PROC FR SLE PROP 100,000 100,000 0.00% LOAN/BOND PROCEEDS 36,400 ‐ ‐100.00% OPER XFERS IN 10,204,224 16,563,424 62.30% TOTAL REVENUE 192,180,338 206,632,248 7.50% SALARIES AND WAGES 75,822,428 78,761,868 3.90% PYRLL/FRINGE BENEFIT 62,143,352 66,929,804 7.70% PROF & ADMIN 16,248,412 16,977,138 4.50% OTHER OPERATING 7,225,103 8,720,902 20.70% UTILITIES 5,010,518 5,399,957 7.80% EQPT & CONTRACT SVCS 2,555,148 2,731,448 6.90% PROVISN FOR INS LOSS 27,673 25,725 ‐7.00% COST POOL 14,455,436 15,277,766 5.70% ASSET/CAPITAL OUTLAY 1,416,551 2,422,136 71.00% DEBT SVC EXPENDITURE 1,065,359 1,037,009 ‐2.70% A87 COST PLAN REIMBS (3,516,104) (3,531,610) 0.40% GRANT EXPENDITURES 82,500 2,500 ‐97.00% OPER XFERS OUT 12,801,419 11,877,605 ‐7.20% TOTAL EXPENDITURE 195,337,796 206,632,248 5.80% NET SURPLUS(+)/DEFICIT(‐) 3,157,458 ‐ ‐100.00%
Attachment 3 ‐ General Fund Revenue and Expenditure Assumptions INTERGOV OTHER GRANT Only gra nts with award letters are budgeted PROCEED FROM SALE PROPERTY Pendi ng budget, based on historic trend OPERATING TRANSFERS IN Based on Analysis of the Pension Tax Override fund, estimated AV growth, minus scheduled uses. Left over funds are transferred to the General Fund
OTHER REVENUE Very unpredictabl e. Usually very little budgeted here, but items get added as received.
RENTAL INCOME Rental Income is determined based on the Council approved agreements and/or fees established through the Master Fee Schedule
INTERGOV STATE TAXES Motor Vehi cle Fees increase based on YTD actuals in FY21‐22 FINES & FORFEITURES Parking cit ations flat and Muni Court Fines with 1.4% growth USE OF MONEY & PROPERTY Flat ‐ zero growth
CHARGES FOR SERVICES Most items entered by corresponding departments based on their estimated level of service and total corresponds to
4.3% growth
UTILITY USERS TAX (UUT)
Analysis in part provided by consultant. Growth rates applied to individual revenue streams with the UUT category ‐ cable and Telecom historically have been going down due to industry changes. Settlement amount is set and due to go away after FY24‐25. Cap amount paid by Chevron is based on Energy Services CPI for the Bay Area which through the posted rates through February is extremely high.
OTHER TAXES
Each revenue stream within Other Taxes changes year‐to‐year based on independent influences; both garbage fees are up by 4% based on historical changes;Hotel Tax up 5% based on rebounding industry; Transfer Tax budgeted amount based on formula in Guiding Fiscal Policy that mandates we use the mean sinceimplementation of the voter approved tiered structure; gas and electricity franchise changes stem from using same growth factor as UUT.
LICENSES, PERMITS & FEES Main item is Business Tax and are using growth factor of 2% as a conservative CPI. Still new revenue stream so we still do not know what the full year amount will be.
Revenue Category Assumptions
PROPERTY TAXES
Assessed Value (AV) Growth based on (1) most properties increasing by State posted CPI (usually 2% max), (2) plus, for the properties that sold in 2021, the new value minus the previous value, and (3) the value of the Chevron Refinery.
Staff usually assumes the Chevron refinery will stay the same ‐ 0% AV growth for that component.
SALES & USE TAX 4% growth per the consultant; Vehicle License Fee Backfill Swap tied to AV growth, same as Secured Property Taxes.
Attachment 3 ‐ General Fund Revenue and Expenditure Assumptions GRANT EXPENDITURES Based on the awarded grants
OPER XFERS OUT Recurring and onetime subsidies to non‐GF programs.
ASSET/CAPITAL OUTLAY As needed
DEBT SVC EXPENDITURE Debt Service Schedule, maintained by Treasury A87 COST PLAN REIMBS Based on COST POOL (Cost Allocation Plan ‐ Admin Charges) COST POOL (General Liability) 5% increase from current year budget COST POOL (Cost Allocation Plan ‐
Admin Charges) 5% increase from current year budget
COST POOL (Civic Center Debt
Allocation) Charge derived from the debt service, cash balance, and square footage used by divisions EQPT & CONTRACT SVCS Baseline Budget based on historical actuals PROVISN FOR INS LOSS Insurance Premiums
COST POOL (Vehicle Replacement) Fleet Services provided list with Priority 1 items PROFESSIONAL & ADMIN Baseline budget, with one‐time appropriations removed, Campus B ay Litigation Costs of $900K, City Attorney LegalServices Contract
OTHER OPERATING Baseline budget with one‐time appropriations removed.
UTILITIES Baseline budget
Expenditures Category Assumptions/Descriptions
SALARIES AND WAGES IAFF, RFMA, RPMA, RPOA COLA pending, Executive, Local 21 and Local 1021 5 percent COLA as of 1/1/2023, other pays based on existing MOUs and current enrollments.
PAYRLL/FRINGE BENEFIT Healthcare cost at current rates as of FY2022, OPEB per current Actuarial report, Retirement rates per current CalPERS rates. Worker's Comp rate 1 % increase in each category
City of Richmond
FY2022-23 Proposed Comprehensive Budget by Fund
Attachment -3
Capital
General Other Special Improve - Debt Enterprise Internal Housing RHA Pension Fund Operations Revenues ments Service Funds Service Subtotal Departmen t Trusts Total ESTIMATED BEGINNING BALANCE 07/01/2022 45,562,126 5,654,329 41,279,814 4,080,742 12,173,758 31,557,409 51,473,791 191,781,969 6,774,893 3,743,358 1,343,124 203,643,344 Revenues
30 Property Tax 46,056,962 1,780,698 17,566,036 - 13,052,125 - - 78,455,821 - - - 78,455,821 31 Sales Tax 55,282,200 - - - - - - 55,282,200 - - - 55,282,200 32 Utility Users Tax 49,963,589 - - - - - - 49,963,589 - - - 49,963,589 33 Other Taxes 21,638,449 - - - - - - 21,638,449 - - - 21,638,449 34 Licenses, Permits and Fees 11,129,402 6,977,259 4,249,894 - - 1,286,000 - 23,642,555 568,000 - - 24,210,555 35 Fines, Forfeitures and Penalties 475,275 - - - - 2,000 - 477,275 - - - 477,275 36 Interest and Investment Income 236,079 - 14,000 - - - - 250,079 63,149 - - 313,228 37 Charges for Services 3,571,292 4,919,888 227,000 20,000 5,349,070 26,905,520 24,304,635 65,297,405 - - - 65,297,405 38 Other Revenues 187,500 20,000 101,500 - - - - 309,000 618,651 12,000 - 939,651 39 Rental Income 874,506 4,380 - - - 10,798,460 - 11,677,346 - 650,000 - 12,327,346 3A State and Local Taxes 125,000 - - 5,713,569 - - - 5,838,569 - - - 5,838,569 3B Federal Grant Revenue - 3,484,752 2,815,284 8,245 - - - 6,308,281 300,000 2,679,427 - 9,287,708 3C State Grant Revenue 175,000 1,686,601 126,222 20,625,456 - - - 22,613,279 166,432 - - 22,779,711 3D Other Grant Revenue 253,569 3,188,024 216,842 5,484,956 - - - 9,143,390 - - - 9,143,390 3H Pension Stabilization Revenue - - - - - - - - - - - - 60 Proceeds from Sale of Property 100,000 - - - - - - 100,000 133,664 - - 233,664 61 Loan/Bond Proceeds - - - - - 20,000,000 - 20,000,000 311,519 - - 20,311,519 Total Revenues 190,068,824 22,061,601 25,316,778 31,852,226 18,401,195 58,991,980 24,304,635 370,997,239 2,161,415 3,341,427 - 376,500,081
City of Richmond
FY2022-23 Proposed Comprehensive Budget by Fund
Attachment -3
Capital
General Other Special Improve - Debt Enterprise Internal Housing RHA Pension Fund Operations Revenues ments Service Funds Service Subtotal Departmen t Trusts Total Expenditures
40 Salaries and Wages 78,761,868 5,624,712 1,793,329 - - 2,138,829 440,821 88,759,558 345,890 617,230 - 89,722,678 41 Benefits 66,929,804 4,102,513 1,371,188 - - 1,342,408 277,397 74,023,310 163,200 537,665 - 74,724,175 42 Professional Services 16,977,138 7,914,687 14,653,854 3,950,939 - 12,193,027 1,027,700 56,717,345 74,061 768,636 - 57,560,042 43 Other Operating 8,720,902 317,580 251,546 96,617 - 396,267 50,500 9,833,412 8,712 151,075 - 9,993,199 44 Utilities 5,399,957 284,145 4,400 - - 1,673,650 - 7,362,152 801 725,208 - 8,088,161 45 Equipment & Contractual Svcs. 2,731,448 621,460 598,000 1,389,649 - 464,000 - 5,804,557 - 208,700 - 6,013,257 46 Provision for Insurance Loss 25,725 - 9,300 - - 40,604 16,740,502 16,816,131 - 63,540 - 16,879,671 47 Cost Pool 15,277,766 3,483,684 357,187 - - 1,687,031 533,987 21,339,655 150,382 140,435 - 21,630,472 48 Asset & Capital Outlay 2,422,136 101,000 3,229,556 30,837,398 - 37,680,185 5,773,000 80,043,275 1,150,000 404,626 - 81,597,901 49 Debt Service Expenditures 1,037,009 - - - 21,612,086 12,877,015 326,018 35,852,128 - - - 35,852,128 50 Grant Expenditures 2,500 4,622,448 55,500 982,251 - - - 5,662,699 - 985,394 - 6,648,093 51 CDBG/Home/Hsg Proj - - - - - - - - 3,085,000 - - 3,085,000 52 Employment & Training Allocations - 2,824 - - - - - 2,824 - - - 2,824 53 RHA Cost Allocation - - - - - - - - - - - - 4A A87 Cost Plan Reimbursement (3,531,610) (3,531,610) - - (3,531,610) Total Expenditures 194,754,643 27,075,053 22,323,860 37,256,854 21,612,086 70,493,016 25,169,925 398,685,435 4,978,047 4,602,509 - 408,265,990
City of Richmond
FY2022-23 Proposed Comprehensive Budget by Fund
Attachment -3
Capital
General Other Special Improve - Debt Enterprise Internal Housing RHA Pension Fund Operations Revenues ments Service Funds Service Subtotal Departmen t Trusts Total 90 Transfers in from:
General Fund - 4,734,752 3,936,896 - 2,227,895 - 426,018 11,325,561 - 1,261,082 100,485 12,687,128 Operations 16,476,646 - - - - - - 16,476,646 - - 64,820 16,541,466 Special Revenue - - - - - - - - - - - - Capital Improvements - - - - - - - - - - - - Debt Service - - - - - - - - - - - - Enterprise Fund 86,778 - - - - - - 86,778 - - - 86,778 Internal Service Funds - - - - - - - - - - - - Housing Department - 480,000 - - - - - 480,000 - 277,535 - 757,535 Successor Agency - - - - - - - - - - - - Housing Authority - - - - - - - - - - - - -
Total transfers in 16,563,424 5,214,752 3,936,896 - 2,227,895 - 426,018 28,368,985 - 1,538,617 165,305 30,072,907 91 Transfers out to:
General Fund - - 16,476,646 - - - - 16,476,646 - - - 16,476,646 Operations 4,734,752 - - - - - - 4,734,752 480,000 - - 5,214,752 Special Revenue 3,936,896 - - - - - - 3,936,896 - - - 3,936,896 Capital Improvements - - - - - - - - - - - - Debt Service 1,418,372 - 809,523 - - - - 2,227,895 - - - 2,227,895 Enterprise Fund - - - - - 86,778 - 86,778 - - - 86,778 Internal Service Funds 426,018 - - - - - - 426,018 - - - 426,018 Housing Department - - - - - - - - - 277,535 - 277,535 Successor Agency - - - - - - - - - - - - Housing Authority 1,261,082 - - - - - - 1,261,082 - - - 1,261,082 Garfield Pension 12,408 - 12,408 - 12,408 General Pension 88,077 64,820 152,897 - 152,897 -
Total transfers out 11,877,605 - 17,350,989 - - 86,778 - 29,315,372 480,000 277,535 - 30,072,907 Net transfers in/out 4,685,819 5,214,752 (13,414,093) - 2,227,895 (86,778) 426,018 (946,387) (480,000) 1,261,082 165,305 - Excess/(Deficiency) - 201,301 (10,421,174) (5,404,628) (982,996) (11,587,814) (439,272) (28,634,583) (3,296,631) - 165,305 (31,765,910) ENDING BALANCE 45,562,126 5,855,630 30,858,640 (1,323,886) 11,190,763 19,969,595 51,034,519 163,147,386 3,478,262 3,743,358 1,508,429 171,877,435