across their property from the street to the creek and vice versa, from the creek to the street.
Regarding the management of the creek, many residents whose property includes the creek (north side) were unaware that they owned and were responsible for the creek. Nor were they aware if anyone else was responsible for management of the creek. The top recommendations from residents for how to address flooding included clearing out debris and vegetation, creating a larger channel, adding more storm drains, and implementing a more effective maintenance plan.
During a community workday in the fall of 2019, residents assisted with clearing vegetation in preparation for a topographic survey, which provided additional insight into the channel's capacity. In summer 2020, The Watershed Project plans to conduct additional outreach to neighbors to share the results of the flooding assessment and gather feedback on the proposed project design.
Project Readiness
25 If the requested funds are insufficient to cover all project costs, what is the funding gap and how will it be bridged?
Answer: The funds requested will cover all costs as sociated with this project. 26 On a scale of 1-10 (with 1 being the least and 10 being the most), how ready is the project for implementation? Explain.
Answer: 9.000
Answer: Once the SCC grant deliverables are complet ed in late 2020/early 2021, the project will be at a "9" on the readiness scale. SCC awarded funding for 65% plans and permitting for the Rollingwood Reach of Rheem Creek. If this CNRA grant request is awarded and contracted by November 2020, we anticipate completion of final design (100% Bid Documents) during the spring/summer of 2021 while permits are being secured. At that point the project will be "shovel ready"-- a "10" on the readiness scale. We would be able to hire a contractor to construct the project in 6-8 months, depending on the season.
The design team is ready to begin the green infrastructure site selection, planning, and design immediately -- a "10" on the readiness scale for that component of the project. 27 Describe the status of the following items, including anticipated timing for completion of each:
a Preliminary design.
Answer: 65% plan set ready for permit submittal (Oc tober 2020) b Environmental documentation (CEQA - see definition in Appendix P of the Guidelines).
Answer: Negative Declaration (to be submitted Octob er 2020) c Necessary permits and long-term operation and maintenance commitments/agreements.
Answer: --Permits - to be submitted in October 2020
--OM&M plan - completed during SCC grant, early 2021
--OM&M commitments/agreements - significant work towards this will be done during OM&M plan work under SCC grant activities
d Other funding sources needed to complete the project.
Answer: --Rollingwood Reach final design and constr uction - funds requested under Urban Flooding Grant (6-8 months after contractor under contract, depending on season) --Green Infrastructure final design - funds requested under Urban Flooding Grant (to be completed one year after grant contracting)
--Green Infrastructure project construction - seek implementation funding in the future e For acquisitions, willing seller (e.g., purchase agreement, option, discussions, etc.).
Answer: No acquisitions planned.
28 List the legal owners for each parcel within the project footprint and the status of notifications, negotiations, agreements, etc. to implement the project.
Answer: The public utility easement through which t his section of Rheem Creek runs includes the following parcel owners. In the summer of 2019, The Watershed Project conducted door-to-door outreach to inform residents of the project and ask about their experiences with flooding from the creek. Each residence was visited 2-3 times in the event that no one answered on the first visit, and a door hanger was left with additional information about the project. The Watershed Project reached and conducted interviews with seven of the neighbors as indicated below. These neighbors were all supportive of the project and happy to provide the project team with creek access whenever possible. (last name, first name, address)
Ajero, Danilo Gonzales Tre, 2528 Moyers Rd, Richmond, CA Ashley, Robert E Jr Tre, 2540 Moyers Rd, Richmond, CA
Chaiyasith, Sompi & Nhay, 2536 Moyers Rd, Richmond, CA
Chen, Xiaojing, 2520 Moyers Rd, Richmond, CA
Clay, Tanya Casanares, 2566 Moyers Rd, Richmond, CA - The Watershed Project interviewed this property owner in July 2019.
Debnar, Andrew J, 3206 Annapolis Ave, Richmond, CA
Demillion, Joseph & Ethel, 2524 Moyers Rd, Richmond, CA Dhinjal, Bhupinder, 2512 Moyers Rd, Richmond, CA
Dominguez, Rosa I, 2534 Moyers Rd, Richmond, CA
Flores, Miguel Angel, 2509 Shane Drive, Richmond, CA
Henry, Hosea Tre, 2574 Moyers Rd, Richmond, CA - The Watershed Project interviewed the tenant at this residence in July 2019.
Iau, Man Tou, 2515 Shane Drive, Richmond, CA
Ibarra, Jose G, 2504 Moyers Rd, Richmond, CA
Khamsomphou, Khamphone, 2525 Shane Drive, Richmond, CA
Lee, Violet, 2544 Moyers Rd, Richmond, CA
Lie, Goat H Tre, 2496 Fordham St, Richmond, CA
Liu, Puda, 2521 Shane Drive, Richmond, CA - The Watershed Project interviewed the tenant at this residence in July 2019.
Mendez, Noe & Tiffanie, 2533 Shane Drive, Richmond, CA
Miles, Harvey & Myrna, 2558 Moyers Rd, Richmond, CA - The Watershed Project interviewed this property owner in July 2019.
Pham, Hoanh Quang, 2516 Moyers Rd, Richmond, CA
Quality Investment Group Inc, 2562 Moyers Rd, Richmond, CA Regier, Lorraine June, 2552 Moyers Rd, Richmond, CA - The Watershed Project interviewed this property owner in July 2019.
Robles, Damian & Nicolasa, 2548 Moyers Rd, Richmond, CA Rocha, Jose Armando, 2508 Moyers Rd, Richmond, CA - The Watershed Project interviewed the tenant at this residence in July 2019.
Roos, Earl Iii, 2539 Shane Drive, Richmond, CA
Scott, Ruthie G Tre, 2529 Shane Drive, Richmond, CA - The Watershed Project interviewed this property owner in July 2019.
Singh, Surjit, 2497 Fordham St, Richmond, CA
Williams, Ollie M, 2519 Shane Drive, Richmond, CA
East Bay Municipal Utility District owns a vacant parcel on the south side of the creek, outside of the easement. EBMUD participated in initial scoping meetings and has allowed the City of Richmond to use the property for access and staging via an encroachment permit.
29 List all entities with jurisdiction over the project and the status of notifications, agreements, meetings, etc. with each jurisdictional entity.
Answer: The project is fully within the City of Ric hmond, either in the public right-of-way or on public utility easements on private properties. The easement grants the City access to the project area, as deemed by the City Attorney's Office. As part of the current SCC grant, all property owners have been interviewed for their experience living along the creek or at least contacted and informed of the project.
The site is in the Fairmede-Hilltop neighborhood of Richmond, and staff have presented the project to the neighborhood council.
The project abuts the unincorporated Contra Costa County neighborhood of Rollingwood, where the bulk of the flooding takes place. The county public works department is a project partner and fully supports this effort. The project is also just upstream of the City of San Pablo and Contra Costa College, both of whom have also participated in numerous planning meetings and outreach events.
As part of the current planning project, site access was gained via a vacant East Bay Municipal Utility District (EBMUD) parcel. The City has a temporary encroachment permit with EBMUD and the district has committed to being a partner in the construction project.
Organizational Capacity
30 Describe applicant's experience in completing similar projects.
Answer: The project team includes the City of Richm ond, The Watershed Project (a community-based environmental group), Restoration Design Group (a highly regarded restoration engineering firm with 15 years' experience working in the watershed), and American Rivers (a national non-profit with a California office and deep local connections and partnerships). Over the past several years, these entities have been building relationships, conducting community outreach, and identifying shared goals. This project is the direct outgrowth of that history and synthesizes the city's knowledge of the built environment.
The Restoration Design Group's work focuses primarily on urban creek restoration. It has designed three restoration projects on nearby Wildcat Creek in the City of San Pablo, concept designs for five sites on Rheem Creek, and its staff has a long history of involvement in the Rheem Creek Watershed dating back to the 2007 Watershed Plan that identified many of these opportunities.
Based in Richmond, The Watershed Project has been working for over 20 years to educate, engage, and empower highly diverse, historically overlooked and underfunded local communities to protect local watersheds. They have a wealth of experience in community engagement, as well as existing community contacts. TWP has successfully completed similar projects in the area, including a North Richmond visioning project where they surveyed 300 North Richmond residents regarding their preferences and opinions regarding shoreline development; drafted a resiliency plan for El Sobrante with community input through charrettes; and hosted community creek cleanups on private property in Bay Point, where homeowner support was needed for every property on a section of Willow Creek in order to plan community work parties to remove trash and invasive vegetation from the creek.
American Rivers has extensive experience designing and implementing multiple benefit projects that restore waterways, enhance habitat, reduce flood risk, improve ecological function, and engage local communities in long-term stewardship. The Three Creeks Parkway Project on Marsh Creek in East Contra Costa County, is a similar project that will restore a mid-century flood control channel for ecological and flood protection benefits. For the past two decades, AR has built strong local partnerships and to-date the project has provided Chinook salmon volitional passage, restored 3 acres along a creek that was formerly a treeless ditch, launched restoration of 1,100 acres of freshwater tidal marsh at the creek's mouth, and assisted a local community group with multiple volunteer cleanup
days and educational programs for underserved youth.
For decades, the City of Richmond has worked effectively with community partners and professional consultants to complete Capital Improvement Projects such as this one. Recent experience includes three stream restoration projects on Baxter Creek: the Richmond-Ohlone Greenway Gap Closure Project, the Baxter Creek Sustainable Community Greenbelt at Miraflores, and green infrastructure at Booker T. Anderson Park. In the Gap Closure Project, the City combined a state Urban Greening Grant with a regional Safe Routes to Transit Grant and local Environmental & Community Investment Agreement funds to remove a concrete lined ditch and restore a meandering creek with a total of one and a half acres of native vegetation, install 750 linear feet of multi-use path with a pedestrian bridge over the restored creek, and install a bicycle and pedestrian activated signal for a new crossing across San Pablo Avenue. The City has been a critical stakeholder in Rheem Creek and North Richmond Shoreline planning efforts as well as small and large stormwater and green infrastructure projects throughout the city, including multi-benefit projects on Rheem Creek, San Pablo Creek, and Wildcat Creek.
31 Describe applicant's experience in managing other grant-funded projects.
Answer: The interdisciplinary, collaborative design team is experienced in a broad range of capital improvement projects, many related to urban flooding and green infrastructure in the public realm. The City of Richmond recently completed and is currently managing similar state-funded projects with CNRA and the Coastal Conservancy.
--Baxter Creek - Richmond-Ohlone Gap Closure $1.946 million state Urban Greening Grant, regional Safe Routes to Transit Grant, and local Environmental & Community Investment Act funds --Baxter Creek - Booker T Anderson $500,000 (TWP)
--Miraflores Sustainable Community Greenbelt (SCC) - $500,000 / CNRA - ($1,600,000) --Goodrick Avenue Bay Trail Gap Closure Project - $1.236 million in regional ABAG funds and --Contra Costa County Measure J Pedestrian, Bicycle, and Trail Facilities funds. --Richmond Greenway - Iron Triangle Urban Greening (SCC Prop 1) $500,000 (TWP) --Richmond Greenway - Unity Park (Prop 84) - $4.2 million --Boorman Park (Prop 68) - $4.65 million
--Moody Underpass (Prop 1B Trade Corridor Improvement Fund, CTC, Measure J Transportation Sales Tax, Developer Impact Fees) - $37.5 million
--Full Trash Capture Device Installations at Meeker Ditch and Meeker Slough (CALTRANS Cooperative Implementation Agreement) - $3.125 million
--Green Stormwater Infrastructure at Cutting Blvd and South 1st Street, and Nevin St to Evaluate Effectiveness of PCBs and Mercury in Stormwater (USEPA San Francisco Water Quality Improvement Fund) - $1.3 million
--Yellow Brick Road - $6.209 million Active Transportation Grant funds, $4.1 million Urban Greening Grant, and $2 million Environmental & Community Investment Agreement funds
--Richmond Transit Village. Various federal, regional, and local funds for Nevin Improvements: BART to 19th Street $8.38 million; and Nevin Improvements:19th Street to 27th Street Complete Streets project $7.08 million.
32 Describe applicant's fiscal capacity to carry out the proposed project.
Answer: The City's fiscal policies assist in ensuri ng its long-term fiscal stability. These policies are intended to provide direction so that the City's finances are managed in a manner that will continue to provide for the delivery of quality services; maintain an enhanced service delivery; ensure a balanced budget; and establish reserves necessary to meet known and unknown future obligations. Fiscal policies are included in the City's budget, and are an essential component of long-term forecasts and contingency plans. The City annually adopts a budget for the upcoming fiscal year. Through this budget, City Council establishes public policy by setting funding levels for departments and exercises control over City spending. The budget further serves as a financial planning tool to ensure that the inflow of resources (revenues) is adequate to meet both anticipated and unanticipated needs (expenditures).
The expenditures for any grant funded projects are allocated in the upcoming fiscal year to ensure they are fully funded and implemented within the proposed time frame, with the assumption that most grant funded projects are subjected to reimbursement mechanisms. 33 Describe applicant's plan for long-term operations and maintenance of the project (see Appendix I of the Guidelines for requirements).
Answer: The current SCC-funded planning & design pr oject includes the development of an Operation, Maintenance and Monitoring Plan which will include details about the frequency of inspection, required maintenance, and the mechanism for tracking of inspection and maintenance data. The City will utilize this Plan as a guideline to long-term operations and maintenance of the restored Creek. The Plan will be completed by early 2021.
34 What is the source of funds for ongoing operations and maintenance? Answer: Funding for maintenance is often the Achill es heel of ecological restoration projects, because funding agencies and foundations are reluctant or forbidden by statute to pay for ongoing costs beyond project planning and installation. For this reason, many municipalities and counties hesitate to pursue restoration projects because of tight public budgets and limited resources. The City of Richmond recognizes that part of the solution to the flooding issues in the Rollingwood neighborhood must be addressed by ongoing maintenance of the creek channel, and the city commits to the grant funding requirements to provide maintenance for at least 25 years.
This grant proposal includes working with the local community to identify innovative ways to pay for ongoing maintenance and monitoring, including hiring local organizations engaged in job training for residents. This process is described in more detail in the community involvement summary of this grant application. It is our hope that this model will allow Richmond and other municipalities to pursue more restoration opportunities and build the local economy by addressing ongoing maintenance costs in a sustainable manner that involves the input and consent of the local communities.
Collaboration
35 Describe partnerships with other entities and their corresponding roles in the project.
Answer: The project team consists of the City of Ri chmond, The Watershed Project, American Rivers, and Restoration Design Group. This collaboration began during the current SCC-funded planning and design project and has proven very effective. Richmond will be the project lead and will conduct higher- level management of the project. The Watershed Project is our outreach expert in multiple aspects of the grant, including community engagement in planting, monitoring, maintenance, and green infrastructure planning. The Watershed Project will also provide overall project management, relieving understaffed Richmond employees. American Rivers will focus efforts on the planning and design of upstream green infrastructure, as well as work with the community to develop mechanisms to fund
ongoing maintenance. Restoration Design Group is the technical lead and will bring the SCC-funded 65% designs to 100% construction documents, finish permitting and environmental documentation, provide some construction oversight, and develop green infrastructure conceptual designs and cost estimates with community partners.
The project team is excited to bring Urban Tilth into the development project. Urban Tilth hires and trains local residents to care for their watersheds, communities, and the creeks that run through them with the Basins of Relations Watershed Program. The program engages the community through four related efforts, the Watershed Technician Training Program, Watershed Community Events, Urban Naturalists Youth Program, and Visioning Wildcat Creek Trail Project. This program is uniquely suited to perform the native plant installation and establishment portions of the project while providing training and education for community members.
The project team has created partnerships with several other entities, some of whom will have specific roles in the project. The current SCC-funded project has a working group that includes staff from Contra Costa County Public Works and the City of San Pablo. The project fully takes place within the City of Richmond, but most directly benefits residents in the unincorporated Rollingwood neighborhood, so the County is keen on the success of the project. The City of San Pablo is just downstream of the project site, and the two cities collaborate on multiple programs and projects in the Rheem Creek watershed, as well as have a history of working together on street planning and construction projects. The County and San Pablo will continue to be members of a technical review committee should the grant be awarded and construction ensue.
The project site abuts Contra Costa College. The college has rehabilitated and cared for portions of the creek on its campus and is interested in this project proposal, which connects directly to a section of creek along one of the campus' main parking lots. Future projects in the watershed include proposed bioswales between the lot and the creek, which would filter polluted runoff and improve water quality, as mentioned in the SCC-funded Restoration Opportunities document. The college has also helped with access to the project site from the downstream end. Richmond staff attended the college's sustainability club and will continue to engage that group for participation in creek maintenance projects.
When Richmond staff first tackled the issue of flood issues in the Rollingwood neighborhood, they met with several agencies that have utilities in the creek easement. PG&E has power lines and West County Wastewater has sewer lines running along the easement. East Bay Municipal Utility District has drinking water transmission pipes that run under the creek and through their adjacent vacant property.
These agencies support the project because it will make their work safer and easier. EBMUD has been a very helpful project partner by allowing the use of their property for access and staging free of charge.
36 Describe past, current and future community involvement (neighbor/user groups, etc.), outreach, partnerships, and support for the project.
Answer: Decades of groundwork has already been done in the Rheem Creek watershed, leading to a conceptual restoration plan for Lower Rheem Creek marsh in 2002, and a Rheem Creek watershed assessment conducted in 2007 that was developed with significant input from community members. In 2017, The Watershed Project and the San Francisco Estuary Project collaborated with community members on the North Richmond Shoreline Vision: a community based approach to planning for the upland transition zone.
In the early 2000s, the Urban Creeks Council held community meetings and hosted workdays in the community to try to address the same issue of flooding in the Rollingwood neighborhood. The end
result was the removal of cattails and other vegetation that grew back almost as quickly as it was removed. In 2018, City of Richmond staff engaged leaders and residents of the Fairmede neighborhood and presented at the Fairmede-Hilltop Neighborhood Council meeting. County Supervisor John Gioia presented at the same meeting and showed his support for the project and spoke about the history of this issue for his constituents. City of Richmond staff worked with Supervisor Gioia's staff who coordinated community efforts for residents in the Rollingwood neighborhood. Contra Costa College participated in several meetings and site visits and has committed to managing student involvement and maintenance. Future collaborations are also planned, including a concept for a bioswale along a college parking lot adjacent to the creek.
As part of the SCC-funded project, in the summer of 2019, The Watershed Project conducted door-to- door surveys in English and Spanish of the neighbors adjacent to Rheem Creek in the Rollingwood and Fairmede-Hilltop neighborhoods. Community involvement also included a neighborhood workday (to prepare for the topographic survey) and presentations at neighborhood and watershed council meetings, to engage the communities and solicit their input and support. Additional outreach is planned for the summer of 2020 to share results of the neighborhood flooding assessment and solicit community input on the proposed design. This relationship-building in the early stages of the project has been critical to its success, with neighbors demonstrating overwhelming support.
Agency and Stakeholder coordination was also critical for this early phase because with multiple jurisdictions involved, it is important for all to pull in the same direction so that inevitable obstacles can be overcome. This approach has helped ensure success during planning & design and set the stage for future work on both Upper and Lower Rheem Creek.
37 What steps are being taken to ensure the project will not cause unanticipated negative consequences to neighboring communities?
Answer: Negative consequences are not expected beca use the main goals of this project are to reduce flooding and restore native habitat. Nevertheless, project partners and contractors will be sensitive to residents' needs and well-being during construction and plant establishment phases. There will be construction activities that will be noisy and messy - massive amounts of invasive plants will be removed, and the use of heavy equipment may be required during sediment removal. Project partners and contractors will use best management practices (BMPs) to keep disturbance of the neighborhood to a minimum and ensure that all stormwater quality and sensitive habitat regulations are followed. The project team has already practiced BMPs during the current SCC-funded planning and design project. Limited vegetation trimming was necessary in the creek channel in order to conduct a topographic survey. The Conservation Corps spent several weeks working with chainsaws and hand tools to clear lines of site and paths for the surveyors to follow. The Corps, the project contractor, surveyor, project team, and City of Richmond and Contra Costa County staff all worked together to respond to inquiries or complaints. For the most part residents were pleased to see something finally happening in the overgrown, neglected channel behind their backyards. It is also very convenient and advantageous for this project that East Bay Municipal Utility District has a vacant parcel adjacent to the creek that they allow to be used for access and staging. No resident's private property need be traversed (outside of the easement) to come and go from the project area.
After the rehabilitation project and before plantings have grown in, the creek channel will be sparse compared to the nearly impenetrable existing invasive vegetation. One of the few worries that residents mentioned during the outreach process was that the more open creek channel would invite people into the easement space and the creek could become a vector for break-ins. Gates currently block access at entry points, but the project design will improve on this with more attractive and sturdier fencing.
Richmond and County staff will keep a close eye on this situation. Currently, the creek is considered an eye sore and threat by most residents, who have wood fences if not concrete walls separating their
yards from the channel. However, a few residents are able to enjoy the creek and have yards and landscaping that open to the channel. Once the creek has been rehabilitated, the channel should be more visually attractive and the danger of flooding reduced. It is hoped that more residents will look toward instead of away from their creek. More attention to the creek should also deter nefarious activity. An appreciation for the creek will encourage residents to perform extra maintenance and trash removal on a regular basis.
Additional Project Characteristics
38 Describe American with Disabilities Act (ADA) access and/or improvements included in the project. If not applicable, explain.
Answer: The development project site is not publicl y accessible, so an accessible path of travel is not included in the improvements. All signage will incorporate universal design standards and will be physically and visually accessible. Signage will include Spanish translation.
The planning and design of upstream rain gardens and bioswales will include ADA access improvements where possible. A common method of fitting rain gardens into a built-up community is by building bulb-outs at intersections, where storm drain inlets are often found. The bulb-out has multiple benefits - it creates a larger area for stormwater capture, pollutant sequestration, and landscaping. It "bulbs out" into the roadway which calms traffic by forcing drivers to slow down around the tighter turn.
The width of the roadway is narrowed, making the crossing distance shorter and safer for pedestrians.
Any time a bulb-out is created at an intersection it will include ADA-compliant curb ramps, and the larger area allows for better-aligned ramps. Nine locations have been identified where an intersection corner is in need of a compliant curb ramp and also has a storm drain inlet. These locations provide the best possibilities for multiple benefits at the lowest cost, because bioswale underdrains can be tied directly into existing storm pipes, and an existing ramp does not need to be demolished and rebuilt. 39 Explain how the project incorporates climate adaptation strategies to help protect against climate change impacts.
Answer: The project team includes multiple partners who have extensive experience with projects that are designed and implemented to result in lasting benefits for watersheds and communities. As is true for many urban creeks, restoring Rheem Creek's functional habitat, reducing flood risk and increasing carbon sequestration is deeply needed and yet daunting due to years of neglect. Despite its condition, the watershed offers opportunities to improve and expand green space and riparian and floodplain habitat, and is home to a community of people who will engage directly in the protection and restoration of the creek.
The project design will incorporate ecosystem improvements and revegetation that preempt invasive plant species turbo-charged by a warming, CO2-enriched environment while establishing drought- tolerant native trees to facilitate carbon sequestration and watershed health. The design will take into account natural considerations, such as weather anomalies, as well as community involvement in a low-income area, while creating an attractive demonstration project to inspire residents and officials to advance additional efforts throughout the watershed.
The project team will design restoration to improve natural riparian habitat that will help to regulate water temperature, protect water quality, moderate downstream floods, and provide food and refuge for wildlife. The proposed project will build on recent community-driven restoration projects such as the Dotson Family Marsh and Wanlass Park, expanding the healthier ecosystem network and helping to create a vibrant green corridor in a dense urban landscape. 40 Describe any other project characteristics not previously discussed that would assist in evaluating the Project Proposal.
Answer: The increased attention to the issues on Rh eem Creek, and to some extent this grant proposal, are the result of partnerships forged at the Wildcat-San Pablo Creeks Watershed Council. Since 1985, the
Council has brought together nonprofits, agencies and governmental groups to protect and restore the San Pablo and Wildcat Creek Watersheds. The Council provides a collaborative forum for consensus planning among various agencies, citizen's groups and individuals and is a resource for those who seek solutions to technical, management, monitoring and funding issues for local creeks.
City of Richmond staff reported about the flood risks in the Rollingwood reach; Restoration Design Group had created a Rheem Creek watershed assessment and new the history of the watershed, The Watershed Project offered to provide outreach to the community, and American Rivers took the lead on the SCC-funded planning & design project. Urban Tilth is another member and their programs are a perfect fit for stewardship of the creek. Contra Costa County and San Pablo staff also attend Council meetings and were able to provide input and support for Rheem Creek initiatives. This project proposal is a great example of partnerships leading to action.
End of Project Questions
Certification And Submission Statement
Please read before signing and submitting application.
I certify under penalty of perjury:
• The information entered on behalf of Applicant Org anization is true and complete to the best of my knowledge; • I am an employee of or a consultant for the Applic ant Organization authorized to submit the application on behalf of the Applicant Organization; and
• I understand that any false, incomplete or incorre ct statements may result in the disqualification of this application.
By signing this application, I waive any and all rights to privacy and confidentiality of the proposal on behalf of the applicant, to the extent provided in this RFP.
Submission By: RichmondCA Submitter Initials: Submission Date:
© 2020 State of California. Conditions of Use | Contact Us | Privacy Policy
Print Application
RFP Title: Urban Flood Protection Grant Program - January 2020 Project Title: Flood Risk Reduction in the Rheem
Creek Watershed
Estimated Date of Completion: 01/01/2025
Funds Requested($): 1,639,344.00
Other Sources of Funds($): 0.00
Total Budget($): 1,639,344.00
Applicant
Organization: City of Richmond
Applicant Address: 3201 Leona , Richmond , CA -
94804
Federal Tax ID: 94600040
County: Contra Costa City/Town: Richmond
Project
Address: Fordham St & Greenwood Dr
Senate District 09
09,
Assembly District 15
01,
US Congressional District 11
11,
Project Description:
For over 20 years, the Rollingwood neighborhood in unincorporated western Contra Costa County has suffered from flooding related to overflows from Rheem Creek. In 2019, the City of Richmond collaborated with American Rivers, The Watershed Project, Restoration Design Group, and other local partners to complete technical studies and prepare community-supported plans to solve flooding issues along Rheem Creek. Now, the City is requesting CNRA funding for (1) Final Design and Project Implementation for a restoration project at the Rollingwood reach of Rheem Creek, and (2) Planning and Design for multi-benefit green infrastructure to improve watershed health and reduce peak flows and flooding in the disadvantaged communities downstream. Construction of the proposed restoration project will reduce flooding by removing invasive species and excessive sediment, grading a geomorphically stable channel, and planting native riparian vegetation to improve creek habitat.
Latitude:
37.966690000
Longitude: -122.330640000 Cordinates Represent: approximate center of project Coordinates Determined Using: google maps
Project Director (Applicant's Representative Authorized in Resolution) (Signature required at bottom of this page)
Name: Tawfic - Halaby Title: Project Director: Autho rized Representative Phone: 510-621-1612 Email: [email protected] .ca.us Project Manager - Person with day to day responsibility for project (if different from authorized representative) Name: Patrick - Phelan Title: Project Manager: Day t o day contact Phone: 510-307-8111 Email: [email protected] d.ca.us I certify that the information contained in this project application, including required attachments, is complete and accurate
Signed: ____________________________________________________________ Applicant's Authorized Representative as shown in Resolution Date: _________________
Print
Name: ____________________________________________________________ Title: _________________ Tawfic N. Halaby
June 15, 2020
Sr Civil Engineer
PHOTOGRAPHS ‐ Flood Reduction in the Rheem Creek Watershed
1) After flowing through the Fairmede neighborhood in storm pipes and culverts, Rheem Creek emerges in an engineered channel running between the backyards of two parallel streets. Approximately 150 feet further downstream (shown above), waters diverge with some flows continuing down the creek channel and some overtopping the left bank and flowing toward a vacant EBMUD parcel (below).
2) The overbank flows continue behind a house and flow across a vacant EBMUD parcel toward Greenwood Drive. In addition, a storm drain immediately adjacent to this parcel, that is intended to drain Greenwood Drive into the creek, flows the opposite direction during storm events and delivers floodwaters from the creek into the street.
3) Floodwaters flow through private properties and west down Greenwood Drive. Many residents defend their properties with sandbags.
4) The Rheem Creek channel during normal non‐storm conditions. Cattails and invasives have clogged the channel. The south side is to the left. Many property owners on Greenwood Drive have built flood walls to attempt to keep the creek at bay. The north side, to the right, is the back of the properties on Moyers Road. The creek runs in an easement belonging to the property owners on the right, on Moyers Road and Shane Drive. Most of these properties, such as here, are much higher and do not experience flooding.
5) The only place the creek is visible to the public is where it crosses under Fordham Street. Chain link fences are covered in ivy and, if visible at all, the creek looks like an eyesore. Project plans at this location include new fencing and informational signage that will connect the neighborhood to its watershed.
Total Cost*
Urban Flood
Protection
Grant
Other Funding
(Specify Cash
or In-Kind)
Other Funding
(Specify Cash
or In-Kind)
Other Funding
(Specify Cash
or In-Kind)
1.0 1.1 70,000.00 70,000.00
1.2 5,000.00 5,000.00
2.0 2.1 77,500.00 77,500.00
2.2 18,000.00 18,000.00
2.3 10,000.00 10,000.00
3.0 40,500.00 40,500.00
4.0 27,000.00 27,000.00
5.0 3,000.00 3,000.00
6.0 50,000.00 50,000.00
301,000.00 301,000.00 - - -
7.0 7.1 183,380.00 183,380.00
7.2 4,142.00 4,142.00
7.3 59,867.00 59,867.00
7.4 65,540.00 65,540.00
7.5 111,587.00 111,587.00
7.6 24,700.00 24,700.00
7.7 111,008.00 111,008.00
8.0 8.1 23,400.00 23,400.00
8.2 90,000.00 90,000.00
8.3 28,250.00 28,250.00
9.0 9.1 21,083.00 21,083.00
10.0 10.1 122,575.00 122,575.00
10.2 198,550.00 198,550.00
10.3 9,300.00 9,300.00
11.0 11.1 1,000.00 1,000.00
11.2 15,000.00 15,000.00 - - -
11.3 3,500.00 3,500.00
12.0 12.1 113,795.00 113,795.00
12.2 30,000.00 30,000.00
1,216,677.00 1,216,677.00 - - - 121,667.00 121,667.00
1,639,344.00 1,639,344.00 - - - Contingency
(not to exceed 10% of grant)
PROJECT GRAND TOTAL
Direct Project Management & Administration
Staff Time
Technical Consultants
Design and Engineering Services
Planning, Design & Permitting
Environmental Documents
Site Preparation
TOTAL NON-CONSTRUCTION
(not to exceed 25% of grant)
Cleaning Site and Miscellaneous
Community engagement
**No overhead/indirect costs are reimbursable. In-service payroll may not include a “billable rate” or administrative cost allocation. *All invoices and receipts for project expenditures from all funding sources will be retained and made available for state audit.
Container plants, Live Cuttings and Mulch
Seeding
Other
PROJECT ELEMENTS
NON-CONSTRUCTION (not to exceed 25% of grant)
CONSTRUCTION
Storm water management
OM&M Funding Planning
Green Infrastructure Planning and Design
Monitoring
Signage
Mobilization
Site Control
Clearing and Grubbing
Demolition
Grading
Storm Drain
Dewatering
Erosion Control
Construction and Materials
Fencing and Gate
Access Elements
Maintenance Roads
Three Year Planting Installation
Revegetation
Funding Acknowledgment Sign
TOTAL CONSTRUCTION
Signage installation
Construction Oversight
Heavy construction (site preparation, sediment removal) Planting
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□
Rheem Creek Ecological Solutions
SITE PLAN
Restoration Design Group Inc.
12 JUNE, 2020
CONCEPT PLAN | 1”=60’
CHANNEL PROFILE | 1”=60’
TYPICAL SECTION (LOOKING DOWNSTREAM) ILLUSTRATIVE SECTION OF PROPOSED CONDITIONS (LOOKING DOWNSTREAM) 16+00 17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 33+00 34+00 35+00 60 70
80 90
60 70
80 90
STATION
ELEVATION
FORDHAM ST
ANNAPOLIS
AVEEXISTING THALWEG (CHANNEL BOTTOM) ASSUMED ORIGINAL PROJECT AS-BUILT PROFILE FUTURE CHANNEL THALWEG
MOYERS RD
SHANE DR
DUKE AVE
maintenance
access route
GREENWOOD DR
FORDHAM ST
ANN
APOLIS
AV
E
GONZAGA AVE
GR
EENWOOD DR
16+00
21+00
26 +00
31+00
constructed sediment basin
channel restoration area
Rheem creek centerline
parcel boundary
LEGEND
120
FT
06 0
EXISTING GROUND
PROPOSED GROUND
4-6’
1.5-2.8’
RELATIVE ELEVATION
1 2
3 4
5 6
7 0+10 0+25 0+50 0+60
0 STATION
existing fence
xisting fence
existing utility pole
(EXAGGERATED VERTICAL)
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PROJECT LOCATION
ROLLINGWOOD
UNINCORPORATED
NEIGHBORHOOD
25 FT
EASEMENT
30 FT
EASEMENT
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RICHMOND
FORDHAM ST
ROLLINGWOOD DR
MOYERS RD
M
ILLS
AVE
CLARENDONCT
GREENWOOD DR
ANNAPOLIS
AVE
LOYOLA
AVE
GONZAGA
AVE
DUKE
AVE
SHANE DR
DEVON WAY
RHEEM CREEK
RICHMOND
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FLOOD RISK REDUCTION IN THE
RHEEM CREEK WATERSHED
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CCC JUNIOR COLLEGE DISTRICT
EAST BAY MUNICIPAL UTILITY DIS
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PROJECT LOCATION MAP
kj Project (Not Public) Access
FLOODING
GAVIN NEWSOM, Governor
WADE CROWFOOT, Secretary for Natural Resources
715 P Street, 20th Floor, Sacramento, CA 95814 Ph. 916.653.5656 Fax. 916.653.8102 http://resources.ca.gov
Baldwin Hills Conservancy • California African American Museum • California Coastal Commission • California Coastal Conservancy • California Conservation Corps • Colorado River Board of California California Energy Commission • California Science Center • California Tahoe Conservancy • Coachella Valley Mountains Conservancy • California Department of Forestry and Fire Protection Delta Protection Commission • Delta Stewardship Council • Department of Conservation • Department of Fish and Wildlife • Department of Parks and Recreation • Department of Water Resources Exposition Park • Native American Heritage Commission • Office of Energy Infrastructure • Sacramento-San Joaquin Delta Conservancy • San Diego River Conservancy • San Francisco Bay Conservation and Development Commission San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy • San Joaquin River Conservancy • Santa Monica Mountains Conservancy Sierra Nevada Conservancy • State Lands Commission • Wildlife Conservation Board • Ocean Protection Council
September 7, 2021
Laura Snideman
City of Richmond
3201 Leona
Richmond, CA 94804
Dear Laura Snideman:
Congratulations on behalf of the California Natural Resources Agency (Agency). It is my great pleasure to inform you that your application has been selected for funding under the Urban Flood Protection Grant Program, in the amount of $1,598,844 for the Flood Risk Reduction in the Rheem Creek Watershed Project.
Thank you for your leadership bringing this multibenefit project to fruition. We are excited this funding will address and help protect your community from urban flooding as well as advancing Governor Newsom’s executive order to increase California’s resilience to climate change impacts such as intensifying floods and droughts.
Agency staff will contact you in the coming weeks to begin developing your grant agreement. Please keep in mind that funding for project implementation, such as construction, is contingent upon full CEQA compliance. Should you have any questions in the interim, please do not hesitate to contact the Bonds & Grants Office at (916) 653-2812 or via email at [email protected]
.
Please coordinate any publ ic announcements related to your grant award with our Communications Director Heather Williams at (916) 653 -9402 or via email at [email protected]
.
We look forward to working with you in the coming months to advance this important project.
Sincerely,
Wade Crowfoot
Secretary for Natural Resources
GAVIN NEWSOM, Governor
WADE CROWFOOT, Secretary for Natural Resources
715 P Street, 20th Floor, Sacramento, CA 95814 Ph. 916.653.5656 www.resources.ca.gov
Baldwin Hills Conservancy • California African American Museum • California Coastal Commission • California Coastal Conservancy • California Conservation Corps • Colorado River Board of California California Energy Commission • California Science Center • California Tahoe Conservancy • Coachella Valley Mountains Conservancy • California Department of Forestry and Fire Protection Delta Protection Commission • Delta Stewardship Council • Department of Conservation • Department of Fish and Wildlife • Department of Parks and Recreation • Department of Water Resources Exposition Park • Native American Heritage Commission • Office of Energy Infrastructure Safety • Sacramento-San Joaquin Delta Conservancy • San Diego River Conservancy • San Francisco Bay Conservation and Development Commission San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy • San Joaquin River Conservancy • Santa Monica Mountains Conservancy • Sierra Nevada Conservancy • State Lands Commission • Wildlife Conservation Board • Ocean Protection Council
April 19, 2022
Shasa Curl, Acting City Manager
City of Richmond
3201 Leona
Richmond, CA 94600
Re: Urban Flood Protection Grant Program – Proposition 68 Flood Risk Reduction in the Rheem Creek Watershed
Dear Shasa Curl:
Enclosed is your copy of the fully execut ed Grant Agreement number UF8814-0 in an amount not to exceed $1,598,844.00 for the Flood Risk Reduction in the Rheem Creek Watershed Project. Please distribute copies within your organization as appropriate.
Careful review of this Grant Agreement, th e Grant Guidelines and associated forms and documents located on our website ( https://resources.ca.gov/grants/Grant-Program- Resources) is critical to ensure your compliance with the grant program requirements.
These documents contain important information regarding your reporting obligations, how to correctly request payments to avoid delays and other pertinent information. The section in your Grant Agreement titled Special Provisions may contain additional restrictions on the availability of your grant funds and should be given special attention. We will also hold a Grant Management workshop which a representative from your organization will be invited to attend. You and the main project contact will be contacted with additional details on the workshop.
We look forward to working with you in the coming months. Should you have any questions, please do not hesitate to contact me at (916) 902-6354 or via email at [email protected].
Sincerely,
Becki Abrams
Becki Abrams, Grants Administrator
Bonds and Grants
Enclosures
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME: City of Richmond
PROJECT TITLE: Flood Risk Reduction in the Rheem Creek Watershed AUTHORITY: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018
PROGRAM: Urban Flood Protection Grant Program – Proposition 68 AGREEMENT NUMBER: UF8814-0
TERM OF LAND TENURE: 25 years from date of project completion as evidenced by Project Certification Form PROJECT PERFORMANCE PERIOD IS: 12/1/2021 to 3/1/2024
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope set forth in Exhibit A and any subsequent amendments, and the State of California, acting through the Natural Resources Agency pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, agrees to fund the project up to the total grant amount indicated.
PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to exceed $1,598,844.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement.
CITY OF RICHMOND
STATE OF CALIFORNIA
NATURAL RESOURCES AGENCY
By: By:
Shasa Curl Andrea Scharffer
Title: Acting City Manager Title Deputy Assistant Secretary for Bonds and Grants Date: Date
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATED FUNDING AGREEMENT NUMBER FUND
$1,598,844.00 UR8814-0
6088 - California Drought, Water, Parks, Climate,
Coastal Protection, and Outdoor Access for All
Fund of 2018
ADJ. INCREASING ENCUMBRANCE FI$CAL PO NUMBER
$
ADJ. DECREASING ENCUMBRANCE FUNCTION
$ Local Assistance
UNENCUMBERED BALANCE REF NUMBER FUND ENACTMENT
YEAR ACCOUNT NUMBER ALT ACCOUNT
$ 101 608800002 2019 5432000 5432000000
PROGRAM PCBU PROJECT ACTIVITY RPTG
STRUCTURE SVC LOC AGENCY USE BUDGET
PERIOD
0320 0540 0540UF88140 31868 05400001 31868 B7552 2021
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance __________________________________________________
SIGNATURE OF ACCOUNTING OFFICER
_______________________________
DATE
DocuSign Envelope ID: 67F48C65-9100-43A6-832C-610D17805782 3/21/2022
3/22/2022
3/23/2022
4/4/2022
4/4/2022
4/13/2022
Agreement No. UF8814-0
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Grantee Name: City of Richmond
Project Title: Flood Risk Reduction in the Rheem Creek Watershed
Agreement Number: UF8814-0
Authority: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018
Program: Urban Flood Protection Grant Program – Proposition 68
PROJECT DESCRIPTION
Project to restore Rheem Creek to address creek overflows and flooding in the Rollingwood community.
Includes removal of invasive species, excessive sediment, grading a geographically stable channel and planting native riparian vegetation to improve creek habitat.
A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A.
Grant F unds are to be used for multi -benefit projects to address flooding in urbanized areas in accordance with the Urban Flood Protection Grant Program Application Guidelines and this Agreement.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the Application Guidelines. Size, location , and number of signs shall be approved by the State. Required signage must be in place before Grant Funds for construction will be released.
2. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan.
If P roject includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low -water, drought-resistant vegetation will be used in the Project. If the plant palette includes non -natives, provide justification for review and approval by the State. All plantings will be no greater than fifteen gallons. Approval of said plans is a condition precedent to the State’s obligation to make any construction funding available pursuant to this Agreement. The approval by the S tate of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope of work as described in Exhibit A and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any ot her obligations required by this Agreement, in accordance with applicable laws or any other standards ordinarily applied to such work or activity.
3. The Grantee may be required to record Deed Restrictions , incorporating by reference this Grant Agreement and giving public notice that the Grantee received F unds under this Agreement in order to assist Grantee in developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.
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4. Grantee has agreed to use labor provided in part by either the California Conservation Corps (CCC) and/or the California Association of Local Conservation Corps (CALCC). If use of these services is deemed no longer feasible or practical by mutual consent between the corps and Grantee, a new corps consultation form shall be provided to the State releasing the Grantee of its obligation.
5. As conditions precedent to the State’s obligation to make any funding available pursuant to this Agreement, Grantee shall provide evidence of adequate Land Tenure/Site Control satisfactory to the State for all land included in the Project as follows:
a) For property owned by East Bay Municipal District (EBMUD) , Grantee shall provide a copy of the fully executed use agreement between Grantee and East Bay Municipal District (EBMUD), for the development, operation and maintenance for this Project.
General Provisions
A. Definitions
1. The term "Act" means Proposition 68, California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018.
2. The term “Agreement” means this Grant Agreement.
3. The term “Application” means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award.
4. The term “Application Guidelines” means the Urban Flood Protection Grant Program Guidelines and Application.
5. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.
6. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).
7. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.
8. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.
9. The term "Grantee" means an applicant who has a signed an agreement for Grant Funds.
10. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.
11. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.
12. The term “Payment Request Form” means Form RA212.
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13. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds.
14. The term “Project Budget” means the State approved cost estimate included as an Exhibit to this Agreement.
15. The term “Project Scope” means the description or activity for work to be accomplished by the Project.
16. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.
17. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.
3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and C onditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2024.
4. Grantee shall a t all times ensure that the Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with s ection 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq. ) and all other environmental laws , including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA.
Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date , unless an extensio n is granted by the State.
Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objecti ves of the Urban Flood Protection Grant Program and is consistent with the intent cited in the original Application.
If Grantee's project is disapproved on grounds related to the Natural Resource Agency's CEQA determination, Grantee shall have the option of either: (1) reimbursing the Natural Resources Agency for all State-reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form.
5. The P roject must comply with any applicable laws pertaining to prevailing wage and labor compliance.
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6. Grantee certifies the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor’s license) will have been obtained.
7. Grantee shall provide access by the State upon 24 hours’ notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion.
8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval . Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA.
9. Grantee shall provide for public access to the Project in accordance with the intent of the Act.
10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.
11. Grantee shall promptly provide photographs of the site during and after implementation of the Project at the request of the State.
C. Project Costs
1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. Approved direct management costs or construction and Development costs . Up to t en percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State.
c. Advance payments may be made at the discretion of the State.
d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made.
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b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor , or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.
3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.
4. Except as otherwise provided herei n, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased.
Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the G rant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.
D. Project Administration
1. Grantee shall promptly provide Project reports and/or photographs upon request by the State . In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents.
2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.
3. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction.
4. Grantee shall submit all documentation for P roject completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than March 1, 2024.
5. Final payment is contingent upon State verification that the Project is consistent with Project Scope as described in Exhibit A, together with any State-approved amendments.
6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.
7. Grantee must report to the State all sources of other funds for the Project.
E. Project Termination
1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State. The State may also terminate this Grant Agreement for any reason at any time if it learns that the Grantee made false representations during the evaluation process, either knowingly or because DocuSign Envelope ID: 67F48C65-9100-43A6-832C-610D17805782
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Grantee failed to act reasonably. This can include, but is not limited to, identifying conditions or uses at the site that would otherwise be inconsistent with the purposes of the award, or would have deemed the project less competitive. The State reserves the right, in such cases, to require Grantee to repay any amounts already expended.
2. If the State t erminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non- cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but onl y up to the undisbursed balance of funding authorized in this Agreement.
3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.
4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of the State hereunder.
5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if , in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is for the purposes as stated in the application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascert ainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agr eement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and empl oyees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including Development, construction, operation or maintenance of the property described in the Project description which claims , demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.
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3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.
2. Grantee agrees that during regular office hours , the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.
H. Use of Facilities
1. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonabl y withheld as long as the purposes for which the Grant was awarded are maintained.
2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of TWENTY-FIVE (25) YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State.
Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.
3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public A gency assumes the obligations imposed by this Agreement.
4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market V alue of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.
5. The Grantee shall not use or allow the use of any port ion of the real property for mitigation without the written permission of the State.
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6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.
I. Nondiscrimination
1. During the performance of this grant, Grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and me dical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non- discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.
J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.
K. Severability
If a ny provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the wai ver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party.
M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.
N. Disputes
1. If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, t he Grantee shall first discuss and attempt to resolve the DocuSign Envelope ID: 67F48C65-9100-43A6-832C-610D17805782
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issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:
2. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency. The grievance report must state the issues i n the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons, therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.
3. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s origi nal grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.
O. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted.
DocuSign Envelope ID: 67F48C65-9100-43A6-832C-610D17805782
EXHIBIT A
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Grantee Name: City of Richmond
Project Title: Flood Risk Reduction in the Rheem Creek Watershed
Agreement Number: UF8814-0
Project Location: Fordham Street and Greenwood Drive, Richmond CA
Project Scope: Project to restore .5 miles of Rheem Creek to address creek overflows and flooding in the Rollingwood community. Includes removal of invasive species, excessive sediment, grading a geographically stable channel and planting native riparian vegetation to improve creek habitat.
Grant-funded project elements include:
• Permitting
• Design and technical consultation,
• Mobilization, demolition, and site preparation
• Plant establishment**, removal of invasive species and excessive sediment • Re-grade channel for geomorphic stability,
• Repair two storm drains
• Install approximately:
o 12,000 square feet of mulch (4” depth)
o 600 live stakes/poles
o 30,000 square feet of broadcast seed
o 11 trees*
o 75 linear feet of fence with three gates
o one vehicle gate
o one interpretive sign
o one funding acknowledgment sign
Project Schedule:
Activity Description Timeline
Project planning and design Dec 2021 to Oct 2022
Submit CEQA docs to State Jan 2022 to Dec 2022
Submit final site design/plans/specifications to State* Jan 2023 Submit evidence of signage May 2023
Construction May 2023 to Oct 2023
Plant Establishment**
Record Deed Restriction and Submit Project Closeout package with final Payment Request to State
March 2024
*A plant palet te for all plant s within the footprint of the project mu st be submitted with final designs and reflect approp riate species for the site , with consideration given to carbon sequestration, inclusion of native species where feasible , pollinator habitat , and l ow water, droug ht tol erant p lantings. Trees, regardless of the funding source, may not exceed 15 gallons in initial planting size.
All projects must comply with the Model Water Efficient Landscape Ordinanc e (MWELO ), all Governor Executive Orders, and local water ordinances.
**Plant establishment reimbursed by the grant not to exceed two (2) years.
Cost Estimate: See Exhibit A-1
DocuSign Envelope ID: 67F48C65-9100-43A6-832C-610D17805782
Exhibit A-1: Cost Estimate
Grantee name: City of Richmond
Project name: Flood Risk Reduction in the Rheem Creek Watershed Grant Agreement # UF8814-0
Grant amount: $1,598,844.00
Task Project Element
Urban Flood
Protection Grant
1.00 Non-Construction Costs - Direct Project Management & Administration
1.01 Staff Time 70,000.00$
1.02 Technical Consultants - Urban Tilth 5,000.00$
1.03 Design and Engineering Services 77,500.00$
1.04 Interpretive Sign Design 3,000.00$
1.05 Environmental Documents (CEQA) 18,000.00$
1.08 OM&M Funding Plan 10,000.00$
1.09 Monitoring of water quality and sediment flow (pre & post) 27,000.00$
1.10 Community Outreach and Engagement 50,000.00$
SUBTOTAL not to exceed 25% of Grant ($399,711) 260,500.00$
2.00 Construction
2.01 Mobilization (Site control, Storm Water Management & Dewatering) 312,929.00$
2.02 Clearing and Grubbing 111,587.00$
2.03 Demolition (remove chain link fence, concrete and trash disposal) 24,700.00$
2.04 Grading 111,000.00$
2.05 Erosion Control 23,400.00$
2.06 Repair Two Storm Drains 90,000.00$
2.07 Fencing and Gates 28,250.00$
2.08 Maintenance Road (temporary project and maintenance access) 21,083.00$
2.09 Interpretive Signage (materials and installation) 3,500.00$
2.10 Funding acknowledgment Sign 1,000.00$
2.11 Cleaning Site 15,000.00$
2.12 Construction Oversight and Management 113,795.00$
SUBTOTAL 856,244.00$
3.00 Greening / Revegetation
3.01 Trees, Live Cuttings, Container plants and Mulch (plant materials) 122,575.00$
3.02 Plants to be installed by volunteers 5,000.00$
3.03 Seeding 9,300.00$
3.04 Plant Installation and Establishment up to two years 198,550.00$
3.05 Planting Oversight 25,000.00$
SUBTOTAL 360,425.00$
Contingency (not to exceed 10% of Grant)
CONTINGENCY 121,675.00$
TOTAL 1,598,844.00$
†Only direct project costs supported by appropriate backup are eligible for reimbursement. Overhead/indirect costs are not eligible.
Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service payroll may not include a "billable rate" or administrative cost allocation.
*All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
DocuSign Envelope ID: 67F48C65-9100-43A6-832C-610D17805782
July 19, 2022
.
Public Works
DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, PE, Director of Public Works
Patrick Phelan, Infrastructure Administrator
Subject:
Resolution for Sole-Source Contract with American
Rivers for the Flood Risk Reduction in the Rheem Creek
Watershed Project
FINANCIAL IMPACT: This contract is fully funded by a grant from the California Natural Resources Agency (Account string: 40623431-
400201-22A02)
PREVIOUS COUNCIL
ACTION:
City Council adopted Resolution 83-21 on July 6, 2021,
approving the application for grant funds and authorizing the City Manager, or their designee, to execute
agreements with project partners to complete the project.
STATEMENT OF THE
ISSUE:
American Rivers has been assisting the City with the
Rheem Creek project since 2019 and is uniquely suited
to carry out project management and other services on
the Flood Risk Reduction in the Rheem Creek Watershed
Project.
RECOMMENDED ACTION:
ADOPT a resolution to approve a Sole Source
Professional Services Contract with American Rivers in
an amount not to exceed $300,500 for the grant-funded
Flood Risk Reduction in the Rheem Creek Watershed
Project – Public Works (Joe Leach/Patrick Phelan 307-
8111).
AGENDA
REPORT
July 19, 2022
DISCUSSION:
In 2019, American Rivers obtained a $274,515 planning and design grant from the California Coastal State Coastal Conservancy for the “Community-Based Ecological Solutions in Rheem Creek Watershed” project. In this project, American Rivers collaborated with the City, The Watershed Project, Restoration Design Group, and other local partners to complete technical studies and prepare community-supported plans to solve flooding issues along Rheem Creek. That project’s deliverables include a topographic survey, 65% designs, a maintenance & monitoring plan, and permits submitted to the appropriate regulatory agencies. Project partners also did extensive community outreach to survey residents about their experience of the flooding and what they would like to see in the construction project. Due to Covid-19 closures, some of the in-person outreach was replaced with the creation of a “storybook” to visualize the history and future of the creek. This planning and design project made the City well prepared to seek implementation grants.
In June of 2020, the City, along with the above-mentioned partners, submitted an application to the California Natural Resources Agency (CNRA) Urban Flood Protection Grant Program requesting $1.6 million for final design and project implementation for a restoration project. Construction of the proposed restoration project will reduce flooding by removing invasive species and excessive sediment, grading a geomorphically stable channel, and planting native riparian vegetation to improve creek habitat. The grant application defines the Project Team as the City, The Watershed Project, Restoration Design Group, and American Rivers. On July 6, 2021, City Council adopted Resolution 83-21, approving the application for grant funds and authorizing the City Manager, or designee, to execute agreements with project partners to complete the project. On September 7, 2021, CNRA awarded the City $1,598,844 for the Flood Risk Reduction in the Rheem Creek Watershed Project. On April 19, 2022, the City received fully executed Grant Agreement number UF8814-0 for the project.
American Rivers (AR) will assist with project management of the Flood Risk Reduction in the Rheem Creek Watershed Project. AR will execute subcontracts with the other two project partners, The Watershed Project and Restoration Design Group, and be responsible for day-to-day oversight of the pre-construction portion of the project. The City will manage and publicly bid the construction phase of the project. AR will also lead the development of the Operations, Maintenance & Monitoring Plan that will help the City plan for the required 25 years of maintenance of the project improvements.
AR is uniquely suited to this work, due to their previous participation in the project, as well as their extensive experience designing and implementing multiple benefit projects that restore waterways, enhance habitat, reduce flood risk, improve ecological function, and engage local communities in long-term stewardship.
July 19, 2022
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Contract
Attachment 3 – Sole Source Justification
Attachment 4 – Scope of Work
Attachment 5 – Project Budget
Reso. No.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
APPROVING A SOLE SOURCE CONTRACT WITH AMERICAN RIVERS IN THE AMOUNT OF $300,500 FOR THE FLOOD RISK REDUCTION IN RHEEM CREEK WATERSHED
PROJECT
WHEREAS, in 2019, American Ri vers obtained a planning and design g rant from the California State Coastal Conservancy for the “Community-Based Ecological Solutions in Rheem Creek Watershed” project; and
WHEREAS, in this project American Rivers collaborated with the City of Richmond (City), The Watershed Project, and Restoration Design Group to c onduct community engagement activi ties, perform a topographic survey and hydraulic analysis, create preliminary design plans and a restoration opportunities analysis report, and submit permits t o regulatory agencies; and
WHEREAS, the City collaborated wit h American Rivers, The Wat ershed Project, and Restoration Design Group to apply to the Califor nia Natural Resources Agency Urban Flood Protection Grant Program for the Flood Risk Reduction in th e Rheem Creek Watershed Project ; and
WHEREAS, the Flood Risk Reduction in the Rheem Creek Waters hed grant application defines the Project Team as the City , The Watershed Project, Restoration Design Group, and American Rivers ; and
WHEREAS, on July 6, 2021 , the Richmond City Council passed and adopted Resolution No. 83-21, approving the application for grant funds for the U rban Flood Projection Grant and authorizing the City Manager, or their designee, to execute agreements with project partners to complete the grant funded project; and
WHEREAS, on September 7, 2021, the California Natural Resources Agency awarded the City of Richmond $1,598,844 for the Flood Risk Reduction in the Rheem Creek Watershed Project; and
WHEREAS, staff initiated a Sole Source Re quest for hiring American Rivers to provide various services o utlined in the grant , and to subcontract with The Watershed Project and Restoration Design Group, and the Director of Public Works and the Finance Department approved the Sole Source Request; an d
WHEREAS, American Rivers is a national non -profit with a Ca lifornia office and deep local connections and partnerships; and
WHEREAS, the Flood Risk Reduction in the Rheem Creek Watershed Project will rehabilitate a 2,000 -foot section of Rheem Creek and reduce floodin g in the surrounding neighborhood.
NOW, THEREF ORE, BE IT RESOL VED that the City Council of the City of Richmond finds the above recitals are true and co rrect and have s erved as the basis for the findings and approvals set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby a uthorizes the award of a Sole Source professional services contract to American Rivers for the Flood Risk Reduction in the Rheem Creek Watershed Project, in an amount not to exceed $300,500.
BE IT FURTHER RESOLVED that this resolution take effect immediat ely 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 July 19, 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 July 19, 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 19th day of July 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.
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]
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:
S t r e e t A d d r e s s :
City, State, Zip Code:
Contact Person:
T e l e p h o n e : E m a i l :
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.
Public Works Patrick Phelan
[email protected] (510) 307-8111
American Rivers
1832 Second Street
Berkeley, CA 94710
Sarah Puckett
(415) 203-3766 [email protected]
40063052
July 1, 2022
March 1, 2024
300,500
✔
December 31, 2022
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:
By
:
C i t y C l e r k
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B
y :
By: Title:
City Attorney
D
a t e S i g n e d :
(
N O T E : P u r s u a n t t o C a l i f o r n i a C o r p o r a t i o n s 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
American Rivers
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
, perform the Contractor shall, to the satisfaction of the following services and be compensated as outlined below:
See following page
American Rivers
City Engineer
EXHIBIT A – SERVICE PLAN
SCOPE OF SERVICES AND COMPENSATION SCHEDULE
American Rivers will support the City of Richmond in implementing the tasks and deliverables in the California Natural Resources Agency’s Urban Flood Protection grant for the Flood Risk Reduction in the Rheem Creek Watershed project to restore Rheem Creek to address creek overflows and flooding in the Rollingwood community.
Term of Services: July 1, 2022 to March 1, 2024
Total Amount: $300,500
Task 1. DIRECT PROJECT MANAGEMENT & ADMINISTRATION
American Rivers (AR) will help the City of Richmond manage the California Natural Resources Agency (CNRA) Flood Risk Reduction in the Rheem Creek Watershed grant, including subcontracting with Restoration Design Group (RDG) and The Watershed Project (TWP).
AR Deliverables:
• Prepare and submit signed subcontracts to the City of Richmond • Prepare and submit invoices to the City of Richmond
• Organize monthly check-in calls with project partners • Develop Operation, Maintenance, Monitoring and Funding Plan • Work with the City to provide project reports and/or photographs upon request by the State
City Responsibilities:
• Prepare and submit Payment Request Form (including proof of payment) to CNRA • Provide project reports and/or photographs upon request by the State • Submit CEQA documents to State
• Provide evidence of adequate Land Tenure/Site Control to State • Submit final site design/plans/specifications (including plant palette) to State • Work with The Watershed Project to design one funding acknowledgement sign • Submit evidence of funding acknowledgement signage to State • Submit evidence of interpretive signage to State
• Record deed restriction and submit project closeout package with final payment request to State • Submit all documentation for Project completion within 90 days of Project completion, but no later than March 1, 2024
RDG Responsibilities:
• Sign contract between RDG and AR
• Prepare and submit invoices to AR
• Obtain agency permits
• Prepare 100% construction documents for public bid and construction
The Watershed Project Responsibilities:
• Sign contract between TWP and AR
• Prepare and submit invoices to AR
• Design one interpretive sign
• Work with the City of Richmond to design one funding acknowledgement sign • Pre and post (five years) project construction monitoring of creek water quality, sediment flow, and plant survival and establishment
• Lead community outreach and engagement and work with community partners to keep residents informed about the final design and planned construction activities
Task 2. CONSTRUCTION
The City will manage the construction of this Capital Improvements Project with support from RDG, who will help provide construction oversight and management to the City.
City Responsibilities:
• Prepare Request for Proposals to bid construction and landscape contractor • Oversee construction and landscape contract
• Manage contingency
RDG Responsibilities:
• Provide construction contract administration to support the City of Richmond
Task 3. GREENING/REVEGETATION
The City will oversee the construction contract and the construction contractor will likely subcontract to a landscape contractor to implement and manage the planting/revegetation. TWP will obtain additional plants that are not a part of the landscape contract, which they will work with Urban Tilth and other community partners to install as part of workforce development and community engagement.
The Watershed Project Responsibilities:
• Obtain additional plants not associated with landscape contractor • Work with Urban Tilth and other community partners to oversee installation of plants as part of workforce development and community engagement
Budget*
Task Project Element
Urban Flood
Protection Grant
1.00 Non-Construction Costs - Direct Project Management & Administration
1.01 Staff Time – American Rivers $ 50,000.00
1.02 Technical Consultants - TBD $ 5,000.00
1.03 Design and Engineering Services - RDG $ 77,500.00
1.04 Interpretive Sign Design - TWP $ 3,000.00
1.05 Environmental Documents (CEQA) - RDG $ 18,000.00
1.08 OM&M Funding Plan – American Rivers $ 10,000.00
1.09 Monitoring of water quality and sediment flow (pre & post) - TWP $ 27,000.00
1.10 Community Outreach and Engagement - TWP $ 50,000.00 $ 240,500.00
2.00 Construction
2.12 Construction Oversight and Management - RDG $ 30,000.00 SUBTOTAL $ 30,000.00
3.00 Greening / Revegetation
3.02 Plants to be installed by volunteers – TWP $ 5,000.00
3.05 Planting Oversight – TWP $ 25,000.00 SUBTOTAL $ 30,000.00
TOTAL $ 300,500.00
This is an estimate of how funding will be allocated by task. American Rivers will not exceed the total contract amount, but funding allocated within each task may change. Any changes may require an informal or formal amendment from CNRA.
Mileage will be reimbursed at the IRS Standard Mileage Rates. Beginning July 1, 2022, the rate is $0.625/mile. All mileage and other expenses will be included in the total contracted amount.
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 PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY T H E C I T Y C O U N C I L O R T H E C I T Y 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
R i c h m o n d , C A 9 4 8 0 4 - 0 0 4 6
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 C ontract 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.
Patrick Phelan
American Rivers
Public Works
Patrick Phelan
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:
American Rivers
American Rivers
Patrick Phelan
1832 Second Street
Berkeley, CA 94710
450 Civic Center Plaza
Sarah Puckett
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers
. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection . Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services . The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance . If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
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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.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
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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
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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
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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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
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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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):
American Rivers
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.
American Rivers
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Professional Services
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In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, 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 and Auto Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile 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 and auto 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 operations, 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 Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) and Auto Liability 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:
www.ci.richmond.ca.us/RiskManagement.
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.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
City of Richmond - Insurance Requirements - Type 2
Professional Services
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Policy shall be endorsed to name the City of Richmond as an additional insured per the language detailed below.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
construction management,
counselors, medical professionals,
hospitals, clinics, attorneys and
accountants, as may be required
by the City.
Architects and Engineers coverage shall be endorsed to include contractual liability.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability and Automobile Liability Insurance coverages.
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
www.ci.richmond.ca.us/RiskManagement
.
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.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Cancellation Each required policy shall be endorsed to state that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
City of Richmond - Insurance Requirements - Type 2
Professional Services
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Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
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.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
6/29/2022
Summit, NJ-Hub International Northeast
180 River Road
2nd Floor
Summit NJ 07901
Kristen Steskel
908-790-6837
917-934-9041
[email protected]
Valley Forge Insurance Company
20508
AMERRIV-11
The Continental Insurance Company
35289
American Rivers, Inc.
1101 14th Street NW
Suite 1400
Washington DC 20005
American Casualty Co of Reading PA
20427
Nautilus Insurance Company
17370
2135267905
A
X
1,000,000
X
1,000,000
X
Contractual Liab
15,000
1,000,000
2,000,000
X
Y
Y
7011731436
11/8/2021
11/8/2022
2,000,000
B
1,000,000
X
X
Y
7011723417
11/8/2021
11/8/2022
B
X
X
5,000,000
7011734241
11/8/2021
Y
11/8/2022
5,000,000
X
10,000
C
X
N
7011724177
11/8/2021
11/8/2022
1,000,000
1,000,000
1,000,000
D
Pollution/Professional Liab
CPP2019930-15
11/8/2021
11/8/2022
Each Occurrence/Aggr
3,000,000
Re: California Natural Resources Agency's Urban Flood Protection Grant Project Management Services for Rheem Creek Watershed Project - June 15, 2022 - March 1, 2024 ($300,500) The City of Richmond, its officers, officials, employees, agents and volunteers are included as Additional Insured for General Liability, Automobile Liability and Umbrella policies where required by written contract and in accordance with all policy terms and conditions. 30 days Notice of Cancellation/10 days non-payment of premium. Waiver of Subrogation in favor of Certificate Holder as per written contract. Umbrella is follow form to underlying coverages.
City of Richmond
450 Civic Center Plaza
Richmond CA 94804-0046
DRAFT
AGREEMENT BETWEEN
AMERICAN RIVERS, INC. AND RESTORATION DESIGN GROUP
American Rivers, Inc. (“American Rivers”) and Restoration Design Group (“Contractor”) hereby agree as follows:
1. Parties. This professional services agreement (the “Agreement”) is made and concluded by American Rivers, a nonprofit corporation organized and existing under the laws of the District of Columbia, having its principal business address at 1101 14 th Street, N.W., Suite
1400, Washington, D.C. 20005 and Contractor, a corporation having its principal business address at 2332 5th Street, Suite C Berkeley, California 94710.
2. Work Plan. Contractor agrees to perform the work as outlined in the attached Scope of Work (“Attachment A”) which is hereby incorporated by reference and made a part of this Agreement.
3. Project Management. The following individuals are designated as project managers for their respective parties:
Contractor: Rich Walkling
Planning Director and CFO
2332 5th St, Suite C, Berkeley CA 94710
Phone: (510) 644-2798
E-mail: [email protected]
American Rivers: Sarah Puckett
Director, California Central Valley River Conservation
1832 Second Street, Berkeley, CA 94710
Phone: (415) 203-3766
E-mail: [email protected]
4. Budget and Payment Terms. American Rivers will pay Contractor as set out in the Scope of Work. American Rivers must receive a completed W-9 from Contractor before any payments can be processed. American Rivers will pay all approved invoices within 30 days of receipt.
5. Company Information. Pursuant to this Agreement, Contractor will use and obtain company information concerning American Rivers. Such “Company Information” includes, but is not limited to: mailing lists, reports, files, memoranda, records and software, computer, and other physical personal property, which Contractor has or will receive or prepare or help to prepare in connection with this project. Contractor will not retain any copies, duplicates, reproductions or excerpts thereof.
6. Confidentiality. In the course of this project, Contractor will acquire confidential information. The term "Confidential Information" as used in this Agreement includes, without limitation, (a) Company Information as defined in Section 5 of this Agreement; (b) information received from third parties under confidential conditions, and (c) other technical, business or financial information or trade secrets, the use or disclosure of which might reasonably be construed to be contrary to the best interests of American Rivers. Contractor understands and agrees that such Confidential Information is disclosed to Contractor in confidence and solely for the use of American Rivers. Contractor acknowledges that Contractor has no ownership right or interest in any Confidential Information used or developed during the course of this work. Contractor understands and agrees to (a) keep such
DRAFT
Confidential Information confidential at all times after the completion of work with American Rivers, and (b) not make use of the Confidential Information for Contractor’s own behalf or on behalf of any third party.
7. Ownership of Intellectual Property. Materials prepared or delivered by Contractor to American Rivers under the terms of this Agreement (“Work”) shall be works made for hire created for and owned by American Rivers and are the exclusive property of American Rivers. To the extent that any material does not constitute work made for hire as a matter of law, Contractor hereby grants and assigns to American Rivers exclusive rights to the material under United States intellectual property law and all international conventions, including without limitation, copyrights, trade secrets, and patents in and to such materials and the right to copyright the material and any renewals thereof in the name of American Rivers.
Contractor also hereby assigns to American Rivers and/or waives any and all claims that Contractor may now or hereafter have in any jurisdiction to so-called “moral rights” in connection with the Work. Contractor shall secure the same agreement from all independent contractors performing services in connection with Contractor’s performance under this Agreement. Contractor warrants that it is the sole creator of the Work except for such material from copyrighted sources as is reproduced by written permission of the copyright owner, and that the Work: (i) is original (except for such material from copyrighted sources as is reproduced by written permission of the copyright owner); (ii) contains no matter that is scandalous, obscene or libelous or otherwise contrary to law; and (iii) contains only information and data that is true and accurate to the best of Contractor’s knowledge, belief, and expertise.
8. Termination without Cause. American Rivers may cancel this Agreement, at any time and without cause, by giving the Contractor fifteen (15) calendar days’ written notice of cancellation. In the event of termination of this Agreement for a reason other than Contractor’s default, American Rivers shall pay Contractor for (i) all services rendered and all reimbursable costs incurred by Contractor up to the date of receipt of notice of termination, and (ii) all direct and documented expenses reasonably incurred by Contractor in connection with the orderly termination of this Agreement, as determined by American Rivers in its sole discretion. In no event shall American Rivers be liable for any indirect, special or consequential expenses incurred by Contractor or its subconsultants, including, but not limited to, lost profits, overhead, margin, or intangible costs.
9. Termination for Lack of Funding. Should the primary source of funding for this project be reduced, deleted or delayed by the federal or state budget process or other budget control actions, and the work under this agreement is canceled or suspended, American Rivers shall provide written notice to Contractor and be liable for any work completed pursuant to the Task Order up to the date of receipt of the written notice and shall have no liability for payment for work undertaken after such date.
10. Termination with Cause. In the event that one of the parties is in default as defined below, the non-breaching party may, in its sole reasonable discretion, immediately cancel the Agreement without penalty by giving the breaching party written notice of such cancellation which shall not excuse breaches of this Agreement that already may have occurred.
A. Contractor Default: Default on the part of Contractor shall include, without being limited to, the occurrence of any of the following events:
(i) failure by Contractor to comply with any of the provisions of this Agreement in a satisfactory manner as reasonably determined by American Rivers and failure to cure
DRAFT
such violation within five (5) calendar days after receipt of written notice of said violation; or
(ii) Contractor becomes listed on the federal government’s list of parties excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment (www.sam.gov -- System for Award Management (SAM)); or
(iii) filing by Contractor of a voluntary petition under any bankruptcy, reorganization, insolvency, or any other law for the relief of, or relating to debtors; the filing against Contractor of an involuntary petition in bankruptcy or a receiver or trustee is appointed to take possession of Contractor’s property, any of Contractor’s property is subjected to levy, seizure, assignment, application or sale for or by any creditor or governmental agency, and such action is not dismissed within thirty (30) calendar days thereafter; or Contractor becomes insolvent; or
(iv) dissolution of Contractor voluntarily, involuntarily or by operation of law; or (v) assignment of this Agreement by Contractor to any other entity without the prior written consent of American Rivers.
B. American Rivers Default: Default on the part of American Rivers shall include, without being limited to, the occurrence of any of the following events:
(i) failure by American Rivers to make approved payments to Contractor within sixty (60) business days after receipt of written notice from Contractor of failure to comply with the payment specifications described in this Agreement; or (ii) dissolution of American Rivers voluntarily, involuntarily or by operation of law.
11. Time is of the Essence. Time is of the essence for this Contract and American Rivers and Contractor agree that any time period set forth in Attachment A represents their best estimates with respect to completion dates. However, both American Rivers and Contractor acknowledge that departures from the schedule may occur and will make reasonable efforts to notify the other party of changes to the schedule. Further, neither American Rivers nor Contractor shall be responsible for any delay in performance arising from any event that is not caused by and is beyond the reasonable control of the nonperforming Party, regardless of whether the event was foreseeable. Such events include, but are not limited to, force majeure events such as natural disasters, pandemics, action or inaction by a government entity, an accident such as a fire or explosion not due to the negligence of the Party seeking to be excused, war, acts of terrorism including threats of terrorism, a riot, or unusually severe weather. The Party affected by the event shall provide notice of the delay in writing to the other Party no later than (7) calendar days after the Party has knowledge that a delay has, will, or may occur. Following the occurrence of such an event, American Rivers and Contractor shall confer to determine the best course of action for resuming the Work and setting new performance timelines. Both American Rivers and Contractor shall, at all times, take reasonable steps within their respective powers and consistent with best practices to:
(a) Prevent force majeure events from affecting the performance of their obligations under this Agreement
(b) Mitigate the effects of force majeure events; and
(c) Timely comply with their obligations under this Agreement.
12. Nonassignability. This Agreement may not be assigned to any other entity or person without the express written consent of American Rivers.
DRAFT
13. Indemnification. Contractor agrees to indemnify and to hold American Rivers, the City of Richmond, and each entity’s directors, officers, employees, and agents harmless from and against all claims, actions, damages, liabilities, demands, costs, and expenses, including reasonable attorney fees, resulting from or attributable to any act within the scope of this Agreement by Contractor, its employees, or agents (i) in violation of any of the provisions of this Agreement, or (ii) in violation of any law, rule, or regulation of the United States or its agencies or of any state or its agencies, or (iii) resulting from the negligence or willful misconduct of Contractor. The foregoing indemnity provision shall survive and remain in full force and effect following termination of this Agreement for any such act occurring during the initial term or any renewal term of this Agreement.
American Rivers agrees to indemnify and to hold Contractor, its directors, officers, employees, and agents harmless from and against all claims, actions, damages, liabilities, demands, costs, and expenses, including reasonable attorney fees, resulting from or attributable to any act within the scope of this Agreement by American Rivers, its employees, or agents (i) in violation of any of the provisions of this Agreement, or (ii) in violation of any law, rule, or regulation of the United States or its agencies or of any state or its agencies, or (iii) resulting from the negligence or willful misconduct of American Rivers. The foregoing indemnity provision shall survive and remain in full force and effect following termination of this Agreement for any such act occurring during the initial term or any renewal term of this Agreement.
14. Insurance. Contractor and its subcontractor(s) shall obtain and maintain for the Term of this Agreement, usual and customary policies of insurance, including, Errors and Omissions in the amount of $1,000,000; Workers’ Compensation in the maximum amounts required by law; Automobile Liability with bodily injury limits of at least $1,000,000.00 per accident for bodily injury and property damage.; and Commercial General Liability (CGL) insurance in the amount of $2,000,000 per occurrence for bodily injury, personal injury and property damage, and Worker’s Compensation as required by law with Employer’s Liability of no less than $1,000,000. All policies shall be with insurers admitted to transact business in the State of California and having a current Best's rating of "A:VII" or better, and shall name American Rivers, Inc., , Contra Costa County, the State of California and City of Richmond, and their respective elective and appointive boards, commissions, officers, agents, employees, and volunteers as additional insureds. Contractor’s policy shall cover the additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with the work or operations.
Such policies shall state "insurance is primary and all other insurance shall be noncontributory", shall waive all rights of subrogation against the additional insureds; and shall also contain a provision that American Rivers shall be notified in writing thirty (30) days before the policies may be canceled or allowed to expire or any reduction in coverage. include American Rivers and the State of California as an additional insured under its CGL policy, and provide American Rivers with a copy of the Endorsement.
Delivery of this Endorsement to American Rivers shall be a condition precedent to the first payment to Contractor. The insurance policies shall also contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to American Rivers.
15. Right of Entry. Contractor shall coordinate with American Rivers, in obtaining the right to
DRAFT
enter the property where the Work is to be performed.
16. Compliance.
A. Throughout the term of the Agreement, Contractor and its subcontractors shall comply with all rules indicated in the Attachment B, terms and conditions imposed by the funder(s) of this project.
B. Contractor shall comply with all federal, state and local laws, applicable statutes, Executive Orders, Office of Management and Budget circulars, and terms and conditions of the applicable source of funding for this Agreement, and regulations in effect, or reasonably expected to be in effect, including but not limited to, environmental laws and regulations, as of the date of completion of the Agreement.
C. Design changes made necessary by newly enacted laws, codes and regulations after this date shall entitle Contractor to a reasonable adjustment in the Project schedule and additional compensation as necessary to complete the tasks outlined in the Task Order affected by such newly enacted laws, codes and regulations.
17. Warranty. All supervisors, employees, subcontractors and authorized representatives assigned to perform services under this Agreement shall be fully qualified and specially trained in their respective responsibilities and shall perform the assigned services with care and diligence.
Contractor represents and warrants that all of Contractor’s services, including the estimate of cost, the setting of the schedule, and all work performed by subcontractors shall be performed in a professional and workmanlike manner.
18. Safety Precautions and Protection of Property. Contractor shall plan and conduct the work to safeguard its staff and property from injury. Contractor shall direct performance of work in compliance with reasonable safety and work practices and applicable federal, state, and local laws, rules, and regulations including, but not limited to, occupational safety and health standards. Contractor shall follow any site-specific safety plans, as may be required by state and local government during the global pandemic caused by the Covid-19 virus. Neither the issuance of special instructions by American Rivers nor the adherence thereto by Contractor shall relieve Contractor of the sole responsibility to maintain safe and efficient working conditions. Should a death, serious personal injury, or substantial property damage occur in connection with the performance of this Contract, Contractor shall notify American Rivers immediately.
19. Applicable Law. This Agreement will be governed by the laws of the State of California and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California. This Agreement can be amended only by a written amendment signed by American Rivers and Contractor.
20. Legal Relationship of Parties. Nothing in this Agreement shall be construed as constituting a partnership, joint venture, employment relationship, agent/principal relationship, or other association of any kind, between the parties hereto, and neither party shall have the power to obligate or bind the other party in any manner whatsoever.
21. Conflict of Interest. Contractor agrees to notify American Rivers of any potential conflict of interest and/or related party transaction that could occur as a result of performance of the contract. Notification should be sent to American Rivers’ primary business address to the attention of the Office of the General Counsel.
22. Merger and Modification. This Agreement contains the entire agreement between the parties
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and any previous agreement is merged into this Agreement. This Agreement may be modified only by subsequent written agreement signed by both parties.
23. Survival of Certain Provisions. Any rights or remedies accruing to a party hereto after the termination or cancellation of this Agreement, including, without limitation, the provisions regarding Indemnification, Confidentiality, and Company Information shall survive such termination or cancellation.
DRAFT
ACCEPTED AND AGREED:
American Rivers, Inc. Restoration Design Group
BY: BY:
PRINTED
Kristin M. May NAME:
Chief Financial Officer TITLE:
DATE: DATE:
DRAFT
ATTACHMENT A
SCOPE OF WORK
1. Work to be performed:
Please see below Scope of Services dated June 3, 2022.
2. Term:
July 1, 2022 – March 1, 2024
3. Budget:
Not to exceed $125,500
American Rivers must receive or have on file a completed W-9 and insurance documentation from Contractor before payment can be processed.
Contractor shall invoice American Rivers quarterly as certain work and deliverables are completed. Invoices shall describe the activities used in support of this Agreement in the relevant quarter. American Rivers shall pay the undisputed portion of invoices within thirty (30) calendar days after receipt of invoice. All invoices must include: 1) the total contract amount, 2) less previous invoice(s) amounts, 3) less the current invoice amount, 4) total amount of contract remaining, and 5) evidence of any match fulfilled with during that invoicing period.
DRAFT
RDG
RES TOR ATION
DESIGN
GROU P, INC
BERKELEY
2332 5th Street, Suite C
Berkeley
Califor
nia 94710
510.644.2798
MEDFORD
1495 S Oakdale Avenue
Medford
Oregon 97501
541.238.2812
RestorationDesignGroup.com
SCOPE OF SERVICES
Flood Risk Reduction in the Rheem Creek Watershed
Task 1.03. Design and Engineering Services
A. UPDATED PERMIT SET
This task will update the existing 65%/Permit set of construction documents in response to initial permit agency requests. The updated 65% Design set will be submitted to the permit agencies with other updated permit materials.
Deliverables:
• Updated 65% Plans in PDF and AutoCAD Civil 3D format
B. 90% PLANS, SPECIFICATIONS, AND ESTIMATE (PS+E)
This task will advance the 65% design based on redline, mark-ups, phone calls, updates and refinements from Client, stakeholder, and permit agency input. After submittal, RDG will have a review meeting with the Client to advance planning and design for the 100% set.
Deliverables:
• 90% Opinion of Probable Costs
• 90% Plans in PDF and AutoCAD Civil 3D format
• Draft Technical Specifications in CSI Format
• Review meeting with Client
Assumptions:
• Technical specifications are in CSI format (per RDG standards) • Storm Water Pollution Prevention Plan (SWPPP) will be prepared by the selected contractor for the project (post-bid)
• Client will assemble a single set of written review comments from all reviewers and resolve any conflicting or unclear comments prior to submitting to RDG
C. 100% PLANS, SPECIFICATIONS, AND ESTIMATE (PS+E)
This task will advance the 90% PS+E based on redline, mark-ups, phone calls, updates and refinements from Client and stakeholder input.
Deliverables:
• 100% Opinion of Probable Costs
• 100% Design Drawings in PDF and AutoCAD Civil 3D format • Final Technical Specifications in CSI Format
Assumptions:
• Technical specifications are in CSI format (per RDG standards)
DRAFT
Restoration
Design
Group, Inc
FLOOD RISK REDUCTION IN THE RHEEM CREEK WATERSHED / PROPOSAL 3 JUNE 2022
2 • Client will provide Division 1 specifications
• Plans do not include dewatering plans (assumed to be provided by the selected construction contractor)
• Project will be constructed in a single phase - Services related to preparing plans for phased construction other than that noted in the scope of services are not included
D. BID SET PLANS, SPECIFICATIONS, AND ESTIMATE (PS+E)
This task will advance the 100% PS+E based on redline, mark-ups, phone calls, updates and refinements from Client and stakeholder input. Changes to the bid set plan will be limited to corrections and do not include design changes. Plans, Specifications, and Estimate will be suitable for public bid.
Deliverables:
• Bid set Opinion of Probable Costs
• Bid set Design Drawings in PDF and AutoCAD Civil 3D format • Final Technical Specifications in CSI Format
E. COORDINATING MEETINGS
This task includes time for monthly check-in meetings through June 2023 (initiation of construction).
Deliverables:
• Attendance at monthly coordinating meetings
• Figures, documents, and meetings not listed in the scope are assumed to be not included in the scope and available via a contract amendment
Task 1.05. Environmental Documents
RDG will revise the permit application, attachments, and supporting documents for the US Army Corps of Engineers 404 CWA Certification, Regional Water Quality Control Board 401 CWA Certification, and California Department of Fish and Wildlife 1600 Lake and Streambed Alteration Agreement. RDG will submit revised permit packets (including updated permit set construction documents (Task 1.02) to the respective permit agencies. RDG will follow up with contacts at the permitting agencies, arrange an on-site meeting with agency staff.
Deliverables:
• Modification of three permit applications (USACE 404, CDFW Lake and Streambed Alteration Agreement, Region 2 RWQCB 401 Certification • Coordination and follow up with permit agencies
• One on-site visit if necessary
Assumptions:
• Letter of Map Revision (LOMR) or Conditional Letter of Map Revision not included
DRAFT
Restoration
Design
Group, Inc
FLOOD RISK REDUCTION IN THE RHEEM CREEK WATERSHED / PROPOSAL 3 JUNE 2022
3 • Preparation of a Biological Assessment or coordination of a Section 7 Consultation with US Fish and Wildlife or National Marine Fisheries Service is not included
• Fee for Task 1.05 includes $7500 for permit fees which will be paid by RDG and reimbursed by the grant
Task 2.12. Construction Contract Administration
RDG will provide Construction Contract Administration (CCA) to support the Client. During construction, RDG will be available to observe the site work to evaluate compliance with the Construction Documents. This will include a series of meetings on‐site between RDG and the contractor. After each site visit RDG shall prepare a written memo or email to document the field discussions and decisions made. Review Requests for Change Order proposals from contractor and advise Client on costs and payments. Included is a series of Punch List visits with Client, and a letter of Substantial, and Final project acceptance.
Deliverables:
• Responses to Requests for Information (RFI’s)
• Process and review submittals
• Site Visits and Documentation
• Attendance up to 12 weekly construction meetings (one staff person) • Letter of substantial and final project acceptance
Assumptions:
• Construction will last 12 weeks
COMPENSATION
Task Fee
Task 1.03 Design and Engineering Services $77,500
Task 1.05 Environmental Documents $18,000
Task 2.12 Construction Contract Administration $30,000 TOTAL $125,500
Typical project reimbursables include printing costs, mileage, parking, or courier delivery (if requested). If courier delivery is not requested, hardcopies of deliverables can be picked up at RDG offices in Berkeley; electronic copies will be emailed on request.
Hourly Staff Rates 2022
RDG Principal $ 200/hr
DRAFT
Restoration
Design
Group, Inc
FLOOD RISK REDUCTION IN THE RHEEM CREEK WATERSHED / PROPOSAL 3 JUNE 2022
4 Principal Civil Engineer $ 200/hr
Principal Landscape Architect $175/hr
Director $150/hr
Landscape Designer $125/hr
Junior Engineer $125/hr
Reimbursables
Mileage $.56/mile
Direct Costs/Reimbursables (Cost+10%)
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ATTACHMENT B
COMPLIANCE PROVISIONS
The following provisions apply to this Agreement because this Agreement is funded in whole or in part by State of California (State) and the City of Richmond (“City”) funds.
1. Air and Water Law Compliance – Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of Federal law relating to air or water pollution.
2. Labor Compliance -- Contractor must comply with applicable California Labor Code requirements, including, but not limited to, Section 1720 et seq. of the California Labor Code regarding public works, limitations on use of volunteer labor (California Labor Code Section 1720.4) and payment of prevailing wages for work done and funded pursuant to this Project, including any payments to the Department of Industrial Relations under California Labor Code Section 1771.3.
3. Union Organizing – Contractor certifies that no request for reimbursement, or payment under this agreement, will seek reimbursement for costs incurred to assist, promote or deter union organizing.
4. Budget Contingency/Limit On State Funds – Should State funding for this project be reduced, deleted or delayed by the federal or state budget process or other budget control actions, and the work under this agreement is canceled or suspended, American Rivers shall provide written notice to Contractor and be liable for any work completed up to the date of receipt of the written notice and shall have no liability for payment for work undertaken after such date.
5. Acknowledgment – Contractor shall coordinate with American Rivers to include appropriate acknowledgement of credit to the State and to all cost-sharing partners for their support when promoting the Project or using any data and/or information developed under this Project.
6. Disclosure Agreement – Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through support from Federal and State funding. Contractor shall coordinate with American Rivers in fulfilling this requirement.
7. Americans with Disabilities Act – By signing this Agreement, Contractor assures American Rivers that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
8. Audits – American Rivers, City, and the State, or their designated representative, reserve the right to conduct an audit at any time until the completion of the Project, with the costs of such audit borne by auditing entity. Contractor shall allow auditor(s) access to relevant records during normal business hours and allow interviews of any employees who might reasonably have information related to such records. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the construction and implementation of the project, and the use, management, operation and maintenance of the real property. Time and effort reports are also required. The Contractor’s accounting and control
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systems shall conform to generally accepted accounting principles. All records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices, and vouchers. Contractor shall preserve all records pertaining to the Project for this purpose for at least five (5) years after Project completion and until all Federal or State audits are complete and exceptions resolved for this contract’s funding period.
9. Inspection – City shall have the right to inspect the project or services without notice if they are being performed on City or other public property. 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.
10. 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.
11. Independent Capacity
– Contractor and its employees shall act in an independent capacity and not as officers, employees, or agents of the State for the duration of its performance of services under this Agreement.
12. Business and Professions Code and Business License – Contractor and its subcontractor(s) (if applicable) must comply with the Business and Professions Code, including, but not limited to, section 6700 et seq. (Professional Engineers Act) or section 7800 et seq. (Geologists and Geophysicists Act). Further, the Contractor will conduct all work consistent with the professional standards of the industry and type of work performed in the course of the Project. 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.
Contractor shall obtain a City of Richmond Business license before commencement of work, and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
13. Drug-Free Workplace Certification -- By signing this Agreement. Contractor and its subcontractors hereby certify under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and that it will have or will provide a drug-free workplace by taking the following actions:
a. publish a statement notifying employees, and its subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, or subcontractors for violations as required
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by Government Code Section 8355(0). b) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355
b. to inform employees or subcontractors about all of the following:
1. The dangers of drug abuse in the workplace,
2. Grantee's policy of maintaining a drug-free workplace,
3. Any available counseling, rehabilitation, and employee assistance programs, and
4. Penalties that may be imposed upon employees and subcontractors for drug abuse violations.
c. Provide as required by Government Code Sections 8355(c), that every employee, and/or subcontractor who works under this Agreement:
1. Will receive a copy of Contractor's drug-free policy statement, and
2. Will agree to abide by terms of Contractor's condition of employment, contract or subcontract.
14. Non-Discrimination – During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, allow harassment against any employee or applicant for employment or deny benefits to any person because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), genetic information, age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military and veteran status, denial of pregnancy disability leave or reasonable accommodation, and denial of family and medical care leave.
Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12990 (a-f) et seq.), the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the California Government Code (Gov. Code, § 11135-11139.5), and the regulations or standards adopted by the State Coastal Conservancy to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
15. Compliance with City Laws – Contractor shall comply with all provisions of the Richmond Municipal Code (“Municipal Code”). Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to American Rivers 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.
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16. Rights in Data – If applicable, American Rivers and State retain rights to all final products, or any part thereof, produced as a result of this Project, including usage, reproduction, and publication.
American Rivers and State reserve all rights in copyright works created by Contractor in the performance of work under this Project.
17. Confidentiality of Data – All data, reports, information, inventions, improvements and discoveries used, compiled, developed, processed, stored or created by Contractor using Confidential and/or Sensitive Information shall be treated as Confidential and/or Sensitive Information by Contractor.
No such data, reports, information, inventions, improvements or discoveries shall be released, published or made available to any person (except to State) without prior written approval from American Rivers.
18. Protection of Information – Contractor shall work with American Rivers to take all necessary measures to protect Confidential or Sensitive Information to which it gains access from unauthorized access (accidental or intentional), modification, destruction, or disclosure. These measures may include but are not limited to: password protection of electronic data, encrypted transmission of electronic data, and secure mailing and locked storage of paper and taped copies.
Such measures may also include establishment of secure workstations and maintenance of a secure workstation access log. Contractor shall also apply appropriate security patches and upgrades and keep virus software up-to-date on all systems on which Confidential or Sensitive Information may be used.
Contractor shall ensure that all media, including electronic media, containing Confidential or Sensitive Information, to which they are given access are protected at the level of the most confidential or sensitive piece of data on the media. Contractor shall limit personnel allowed access to Confidential and Sensitive Information to those persons with a demonstrable business need for such access. Contractor shall maintain a current list of all personnel with access to Confidential and Sensitive Information.
19. Indemnification – This Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional as defined in California Civil Code Section 2782.8(b)(2). Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.
Contractor’s obligation to General Conditions/EJ/TE 01-19-11 7 of 13 indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
20. Intellectual Property – 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. Contractor will work with American Rivers to ensure that City can secure these rights.
AGREEMENT BETWEEN AMERICAN RIVERS, INC. AND THE WATERSHED PROJECT American Rivers, Inc. ("American Rivers") and The Watershed Project (“Contractor”) hereby agree as follows: 1. Parties. This professional services agreement (the “Agreement”) is made and concluded by American Rivers, a nonprofit corporation organized and existing under the laws of the District of Columbia, having its principal business address at 1101 14th Street, N.W., Suite 1400, Washington, D.C. 20005 and Contractor, a corporation having its principal business address at 1327 South 46th Street, Building 155, Richmond, CA 94804. 2. Work Plan. Contractor agrees to perform the work as outlined in the attached Scope of Work (“Attachment A”) which is hereby incorporated by reference and made a part of this Agreement. 3. Project Management. The following individuals are designated as project managers for their respective parties: Contractor: Juliana Gonzalez 1327 South 46th Street Building 155 Richmond, CA 94804 Phone: (510) 665-3430 E-mail: [email protected] American Rivers: Sarah Puckett Director, California Central Valley River Conservation 1832 Second Street, Berkeley, CA 94710 Phone: (415) 203-3766 E-mail: [email protected] 4. Budget and Payment Terms. American Rivers will pay Contractor as set out in the Scope of Work. American Rivers must receive a completed W-9 from Contractor before any payments can be processed. American Rivers will pay all approved invoices within 30 days of receipt. 5. Company Information. Pursuant to this Agreement, Contractor will use and obtain company information concerning American Rivers. Such “Company Information” includes, but is not limited to: mailing lists, reports, files, memoranda, records and software, computer, and other physical personal property, which Contractor has or will receive or prepare or help to prepare in connection with this project. Contractor will not retain any copies, duplicates, reproductions or excerpts thereof. 6. Confidentiality. In the course of this project, Contractor will acquire confidential information. The term "Confidential Information" as used in this Agreement includes, without limitation, (a) Company Information as defined in Section 5 of this Agreement; (b) information received from third parties under confidential conditions, and (c) other technical, business or financial information or trade secrets, the use or disclosure of which might reasonably be construed to be contrary to the best interests of American Rivers. Contractor understands and agrees that such Confidential Information is disclosed to Contractor in confidence and solely for the use of American Rivers. Contractor acknowledges that Contractor has no ownership right or interest in any Confidential Information used or
developed during the course of this work. Contractor understands and agrees to (a) keep such Confidential Information confidential at all times after the completion of work with American Rivers, and (b) not make use of the Confidential Information for Contractor’s own behalf or on behalf of any third party. 7. Ownership of Intellectual Property. Materials prepared or delivered by Contractor to American Rivers under the terms of this Agreement (“Work”) shall be works made for hire created for and owned by American Rivers and/or the City of Richmond. To the extent that any material does not constitute work made for hire as a matter of law, Contractor hereby grants and assigns to American Rivers exclusive rights to the material under United States intellectual property law and all international conventions, including without limitation, copyrights, trade secrets, and patents in and to such materials and the right to copyright the material and any renewals thereof in the name of American Rivers. Contractor also hereby assigns to American Rivers and/or waives any and all claims that Contractor may now or hereafter have in any jurisdiction to so-called “moral rights” in connection with the Work. Contractor shall secure the same agreement from all independent contractors performing services in connection with Contractor’s performance under this Agreement. Contractor warrants that it is the sole creator of the Work except for such material from copyrighted sources as is reproduced by written permission of the copyright owner, and that the Work: (i) is original (except for such material from copyrighted sources as is reproduced by written permission of the copyright owner); (ii) contains no matter that is scandalous, obscene or libelous or otherwise contrary to law; and (iii) contains only information and data that is true and accurate to the best of Contractor’s knowledge, belief, and expertise. Notwithstanding the foregoing, Contractor may, working with American Rivers and American Rivers receiving City of Richmond's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, American Rivers and the City of Richmond 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, import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license. If required by the City of Richmond and at its expense, Contractor further agrees to assist, in every proper way to secure such intellectual property rights with respect thereto. 8. Termination without Cause. American Rivers may cancel this Agreement, at any time and without cause, by giving the Contractor fifteen (15) calendar days’ written notice of cancellation. In the event of termination of this Agreement for a reason other than Contractor’s default, American Rivers shall pay Contractor for (i) all services rendered and all reimbursable costs incurred by Contractor up to the date of receipt of notice of termination, and (ii) all direct and documented expenses reasonably incurred by Contractor in connection with the orderly termination of this Agreement, as determined by American Rivers in its sole discretion. In no event shall American Rivers be liable for any indirect, special or consequential expenses incurred by Contractor or its subconsultants, including, but not limited to, lost profits, overhead, margin, or intangible costs. 9. Termination for Lack of Funding. Should the primary source of funding for this project be reduced, deleted or delayed by the federal or state budget process or other budget control actions, and the work under this agreement is canceled or suspended, American Rivers shall provide written notice to Contractor and be liable for any work completed pursuant to the
Task Order up to the date of receipt of the written notice and shall have no liability for payment for work undertaken after such date. 10. Termination with Cause. In the event that one of the parties is in default as defined below, the non-breaching party may, in its sole reasonable discretion, immediately cancel the Agreement without penalty by giving the breaching party written notice of such cancellation which shall not excuse breaches of this Agreement that already may have occurred. A. Contractor Default: Default on the part of Contractor shall include, without being limited to, the occurrence of any of the following events: (i) failure by Contractor to comply with any of the provisions of this Agreement in a satisfactory manner as reasonably determined by American Rivers and failure to cure such violation within five (5) calendar days after receipt of written notice of said violation; or (ii) Contractor becomes listed on the federal government’s list of parties excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment (www.sam.gov -- System for Award Management (SAM)); or (iii) filing by Contractor of a voluntary petition under any bankruptcy, reorganization, insolvency, or any other law for the relief of, or relating to debtors; the filing against Contractor of an involuntary petition in bankruptcy or a receiver or trustee is appointed to take possession of Contractor’s property, any of Contractor’s property is subjected to levy, seizure, assignment, application or sale for or by any creditor or governmental agency, and such action is not dismissed within thirty (30) calendar days thereafter; or Contractor becomes insolvent; or (iv) dissolution of Contractor voluntarily, involuntarily or by operation of law; or (v) assignment of this Agreement by Contractor to any other entity without the prior written consent of American Rivers. B. American Rivers Default: Default on the part of American Rivers shall include, without being limited to, the occurrence of any of the following events: (i) failure by American Rivers to make approved payments to Contractor within sixty (60) business days after receipt of written notice from Contractor of failure to comply with the payment specifications described in this Agreement; or (ii) dissolution of American Rivers voluntarily, involuntarily or by operation of law. 11. Time is of the Essence. Time is of the essence for this Contract and American Rivers and Contractor agree that any time period set forth in Attachment A represents their best estimates with respect to completion dates. However, both American Rivers and Contractor acknowledge that departures from the schedule may occur and will make reasonable efforts to notify the other party of changes to the schedule. Further, neither American Rivers nor Contractor shall be responsible for any delay in performance arising from any event that is not caused by and is beyond the reasonable control of the nonperforming Party, regardless of whether the event was foreseeable. Such events include, but are not limited to, force majeure events such as natural disasters, pandemics, action or inaction by a government entity, an accident such as a fire or explosion not due to the negligence of the Party seeking to be excused, war, acts of terrorism including threats of terrorism, a riot, or unusually severe weather. The Party affected by the event shall provide notice of the delay in writing to the
other Party no later than (7) calendar days after the Party has knowledge that a delay has, will, or may occur. Following the occurrence of such an event, American Rivers and Contractor shall confer to determine the best course of action for resuming the Work and setting new performance timelines. Both American Rivers and Contractor shall, at all times, take reasonable steps within their respective powers and consistent with best practices to: (a) Prevent force majeure events from affecting the performance of their obligations under this Agreement (b) Mitigate the effects of force majeure events; and (c) Timely comply with their obligations under this Agreement. 12. Nonassignability. This Agreement may not be assigned to any other entity or person without the express written consent of American Rivers. 13. Indemnification. Contractor agrees to indemnify and to hold American Rivers, the City of Richmond, and each entity’s directors, officers, employees, and agents harmless from and against all claims, actions, damages, liabilities, demands, costs, and expenses, including reasonable attorney fees, resulting from or attributable to any act within the scope of this Agreement by Contractor, its employees, or agents (i) in violation of any of the provisions of this Agreement, or (ii) in violation of any law, rule, or regulation of the United States or its agencies or of any state or its agencies, or (iii) resulting from the negligence or willful misconduct of Contractor. The foregoing indemnity provision shall survive and remain in full force and effect following termination of this Agreement for any such act occurring during the initial term or any renewal term of this Agreement. American Rivers agrees to indemnify and to hold Contractor, its directors, officers, employees, and agents harmless from and against all claims, actions, damages, liabilities, demands, costs, and expenses, including reasonable attorney fees, resulting from or attributable to any act within the scope of this Agreement by American Rivers, its employees, or agents (i) in violation of any of the provisions of this Agreement, or (ii) in violation of any law, rule, or regulation of the United States or its agencies or of any state or its agencies, or (iii) resulting from the negligence or willful misconduct of American Rivers. The foregoing indemnity provision shall survive and remain in full force and effect following termination of this Agreement for any such act occurring during the initial term or any renewal term of this Agreement. 14. Insurance. Contractor and its subcontractor(s) shall obtain and maintain for the Term of this Agreement, usual and customary policies of insurance; Workers’ Compensation in the maximum amounts required by law; Automobile Liability with bodily injury limits of at least $1,000,000.00 per accident for bodily injury and property damage.; and Commercial General Liability (CGL) insurance in the amount of $2,000,000 per occurrence for bodily injury, personal injury and property damage, and Worker’s Compensation as required by law with Employer’s Liability of no less than $1,000,000. All policies shall be with insurers admitted to transact business in the State of California and having a current Best's rating of "A:VII" or better, and shall name American Rivers, Inc., Contra Costa County, the State of California and City of Richmond, and their respective elective and appointive boards, commissions, officers, agents, employees, and volunteers as additional insureds. Contractor’s policy shall cover the additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with the work or operations.
Such policies shall state "insurance is primary and all other insurance shall be noncontributory", shall waive all rights of subrogation against the additional insureds; and shall also contain a provision that American Rivers shall be notified in writing thirty (30) days before the policies may be canceled or allowed to expire or any reduction in coverage. include American Rivers and the State of California as an additional insured under its CGL policy, and provide American Rivers with a copy of the Endorsement. Delivery of this Endorsement to American Rivers shall be a condition precedent to the first payment to Contractor. The insurance policies shall also contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to American Rivers. 15. Right of Entry. Contractor shall coordinate with American Rivers, in obtaining the right to enter the property where the Work is to be performed. 16. Compliance. A. Throughout the term of the Agreement, Contractor and its subcontractors shall comply with all rules indicated in the Attachment B, terms and conditions imposed by the funder(s) of this project. B. Contractor shall comply with all federal, state and local laws, applicable statutes, Executive Orders, Office of Management and Budget circulars, and terms and conditions of the applicable source of funding for this Agreement, and regulations in effect, or reasonably expected to be in effect, including but not limited to, environmental laws and regulations, as of the date of completion of the Agreement. C. Design changes made necessary by newly enacted laws, codes and regulations after this date shall entitle Contractor to a reasonable adjustment in the Project schedule and additional compensation as necessary to complete the tasks outlined in the Task Order affected by such newly enacted laws, codes and regulations. 17. Warranty. All supervisors, employees, subcontractors and authorized representatives assigned to perform services under this Agreement shall be fully qualified and specially trained in their respective responsibilities and shall perform the assigned services with care and diligence. Contractor represents and warrants that all of Contractor’s services, including the estimate of cost, the setting of the schedule, and all work performed by subcontractors shall be performed in a professional and workmanlike manner. 18. Safety Precautions and Protection of Property. Contractor shall plan and conduct the work to safeguard its staff and property from injury. Contractor shall direct performance of work in compliance with reasonable safety and work practices and applicable federal, state, and local laws, rules, and regulations including, but not limited to, occupational safety and health standards. Contractor shall follow any site-specific safety plans, as may be required by state and local government during the global pandemic caused by the Covid-19 virus. Neither the issuance of special instructions by American Rivers nor the adherence thereto by Contractor shall relieve Contractor of the sole responsibility to maintain safe and efficient working conditions. Should a death, serious personal injury, or substantial property damage occur in connection with the performance of this Contract, Contractor shall notify American Rivers immediately. 19. Applicable Law. This Agreement will be governed by the laws of the State of California and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California. This Agreement can be amended only by a written
amendment signed by American Rivers and Contractor. 20. Legal Relationship of Parties. Nothing in this Agreement shall be construed as constituting a partnership, joint venture, employment relationship, agent/principal relationship, or other association of any kind, between the parties hereto, and neither party shall have the power to obligate or bind the other party in any manner whatsoever. 21. Conflict of Interest. Contractor agrees to notify American Rivers of any potential conflict of interest and/or related party transaction that could occur as a result of performance of the contract. Notification should be sent to American Rivers’ primary business address to the attention of the Office of the General Counsel. 22. Merger and Modification. This Agreement contains the entire agreement between the parties and any previous agreement is merged into this Agreement. This Agreement may be modified only by subsequent written agreement signed by both parties. 23. Survival of Certain Provisions. Any rights or remedies accruing to a party hereto after the termination or cancellation of this Agreement, including, without limitation, the provisions regarding Indemnification, Confidentiality, and Company Information shall survive such termination or cancellation.
ACCEPTED AND AGREED: American Rivers, Inc. The Watershed Project BY: BY: PRINTED Kristin M. May NAME: Chief Financial Officer TITLE: DATE: DATE:
ATTACHMENT A SCOPE OF WORK 1. Work to be performed: The Watershed Project (TWP) will support American Rivers (AR) in implementing the tasks and deliverables in the California Natural Resources Agency (CNRA) Urban Flood Protection grant to the City of Richmond for the Flood Risk Reduction in the Rheem Creek Watershed project to restore Rheem Creek to address creek overflows and flooding in the Rollingwood community. Task 1. DIRECT PROJECT MANAGEMENT & ADMINISTRATION TWP will help AR manage the CNRA Flood Risk Reduction in the Rheem Creek Watershed grant, including preparing and submitting invoices to AR, designing signage, conducting pre and post construction monitoring, and leading community outreach and engagement. Responsibilities: • Sign contract between TWP and AR • Prepare and submit invoices to AR • Design one interpretive sign • Work with the City of Richmond to design one funding acknowledgement sign • Pre and post (five years) project construction monitoring of creek water quality, sediment flow, and plant survival and establishment • Lead community outreach and engagement and work with community partners to keep residents informed about the final design and planned construction activities Task 3. GREENING/REVEGETATION TWP will supplement the contractor’s planting/vegetation by obtaining additional plants that are not a part of the landscape contract, which they will work with Urban Tilth and other community partners to install as part of workforce development and community engagement. Responsibilities: • Obtain additional plants not associated with landscape contractor • Work with Urban Tilth and other community partners to oversee installation of plants as part of workforce development and community engagement 2. Term: July 1, 2022 – March 1, 2024
3. Budget: Not to exceed $110,000
Task Project Element Urban Flood Protection Grant 1.00 Non-Construction Costs - Direct Project Management & Administration 1.04 Interpretive Sign Design $ 3,000.00 1.09 Monitoring of water quality and sediment flow (pre & post) $ 27,000.00 1.10 Community Outreach and Engagement $ 50,000.00 $ 80,000.00 3.00 Greening / Revegetation 3.02 Plants to be installed by volunteers $ 5,000.00 3.05 Planting Oversight $ 25,000.00 SUBTOTAL $ 30,000.00 TOTAL $ 110,000.00 This is an estimate of how funding will be allocated by task. Contractor will not exceed the total contract amount, but funding allocated within each task may change. Any changes may require an informal or formal amendment from California Natural Resources Agency. Mileage will be reimbursed at the Internal Revenue Service Standard Mileage Rates. After July 1, 2022, the rate is $0.625/mile. All mileage and other expenses will be included in the total contracted amount. American Rivers must receive or have on file a completed W-9 and insurance documentation from Contractor before payment can be processed. Contractor shall invoice American Rivers quarterly as certain work and deliverables are completed. Invoices shall describe the activities used in support of this Agreement in the relevant quarter. American Rivers shall pay the undisputed portion of invoices within thirty (30) calendar days after receipt of invoice. All invoices must include: 1) the total contract amount, 2) less previous invoice(s) amounts, 3) less the current invoice amount, 4) total amount of contract remaining, and 5) evidence of any match fulfilled with during that invoicing period.
ATTACHMENT B COMPLIANCE PROVISIONS The following provisions apply to this Agreement because this Agreement is funded in whole or in part by State of California (State) and the City of Richmond (“City”) funds. 1. Air and Water Law Compliance – Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of Federal law relating to air or water pollution. 2. Labor Compliance -- Contractor must comply with applicable California Labor Code requirements, including, but not limited to, Section 1720 et seq. of the California Labor Code regarding public works, limitations on use of volunteer labor (California Labor Code Section 1720.4) and payment of prevailing wages for work done and funded pursuant to this Project, including any payments to the Department of Industrial Relations under California Labor Code Section 1771.3. 3. Union Organizing – Contractor certifies that no request for reimbursement, or payment under this agreement, will seek reimbursement for costs incurred to assist, promote or deter union organizing. 4. Budget Contingency/Limit On State Funds – Should State funding for this project be reduced, deleted or delayed by the federal or state budget process or other budget control actions, and the work under this agreement is canceled or suspended, American Rivers shall provide written notice to Contractor and be liable for any work completed up to the date of receipt of the written notice and shall have no liability for payment for work undertaken after such date. 5. Acknowledgment – Contractor shall coordinate with American Rivers to include appropriate acknowledgement of credit to the State and to all cost-sharing partners for their support when promoting the Project or using any data and/or information developed under this Project. 6. Disclosure Agreement – Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through support from Federal and State funding. Contractor shall coordinate with American Rivers in fulfilling this requirement. 7. Americans with Disabilities Act – By signing this Agreement, Contractor assures American Rivers that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 8. Audits – American Rivers, City, and the State, or their designated representative, reserve the right to conduct an audit at any time until the completion of the Project, with the costs of such audit borne by auditing entity. Contractor shall allow auditor(s) access to relevant records during normal business hours and allow interviews of any employees who might reasonably have information related to such records. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the construction and implementation of the project, and the use, management, operation and maintenance of the real property. Time and effort reports are also required. The Contractor’s accounting and control
systems shall conform to generally accepted accounting principles. All records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices, and vouchers. Contractor shall preserve all records pertaining to the Project for this purpose for at least five (5) years after Project completion and until all Federal or State audits are complete and exceptions resolved for this contract’s funding period. 9. Inspection – City shall have the right to inspect the project or services without notice if they are being performed on City or other public property. 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. 10. 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. 11. Independent Capacity – Contractor and its employees shall act in an independent capacity and not as officers, employees, or agents of the State for the duration of its performance of services under this Agreement. 12. Business and Professions Code – Contractor and its subcontractor(s) (if applicable) must comply with the Business and Professions Code, including, but not limited to, section 6700 et seq. (Professional Engineers Act) or section 7800 et seq. (Geologists and Geophysicists Act). Further, the Contractor will conduct all work consistent with the professional standards of the industry and type of work performed in the course of the Project. 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. 13. Drug-Free Workplace Certification -- By signing this Agreement. Contractor and its subcontractors hereby certify under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and that it will have or will provide a drug-free workplace by taking the following actions: a. publish a statement notifying employees, and its subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, or subcontractors for violations as required by Government Code Section 8355(0). b) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355 b. to inform employees or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace, 2. Grantee's policy of maintaining a drug-free workplace,
3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may be imposed upon employees and subcontractors for drug abuse violations. c. Provide as required by Government Code Sections 8355(c), that every employee, and/or subcontractor who works under this Agreement: 1. Will receive a copy of Contractor's drug-free policy statement, and 2. Will agree to abide by terms of Contractor's condition of employment, contract or subcontract. 14. Non-Discrimination – During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, allow harassment against any employee or applicant for employment or deny benefits to any person because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), genetic information, age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military and veteran status, denial of pregnancy disability leave or reasonable accommodation, and denial of family and medical care leave. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12990 (a-f) et seq.), the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the California Government Code (Gov. Code, § 11135-11139.5), and the regulations or standards adopted by the State Coastal Conservancy to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 15. Compliance with City Laws – Contractor shall comply with all provisions of the Richmond Municipal Code (“Municipal Code”). Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to American Rivers 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. 16. Rights in Data – If applicable, American Rivers and State retain rights to all final products, or any part thereof, produced as a result of this Project, including usage, reproduction, and publication. American Rivers and State reserve all rights in copyright works created by Contractor in the performance of work under this Project.
17. Confidentiality of Data – All data, reports, information, inventions, improvements and discoveries used, compiled, developed, processed, stored or created by Contractor using Confidential and/or Sensitive Information shall be treated as Confidential and/or Sensitive Information by Contractor. No such data, reports, information, inventions, improvements or discoveries shall be released, published or made available to any person (except to State) without prior written approval from American Rivers. 18. Protection of Information – Contractor shall work with American Rivers to take all necessary measures to protect Confidential or Sensitive Information to which it gains access from unauthorized access (accidental or intentional), modification, destruction, or disclosure. These measures may include but are not limited to: password protection of electronic data, encrypted transmission of electronic data, and secure mailing and locked storage of paper and taped copies. Such measures may also include establishment of secure workstations and maintenance of a secure workstation access log. Contractor shall also apply appropriate security patches and upgrades and keep virus software up-to-date on all systems on which Confidential or Sensitive Information may be used. Contractor shall ensure that all media, including electronic media, containing Confidential or Sensitive Information, to which they are given access are protected at the level of the most confidential or sensitive piece of data on the media. Contractor shall limit personnel allowed access to Confidential and Sensitive Information to those persons with a demonstrable business need for such access. Contractor shall maintain a current list of all personnel with access to Confidential and Sensitive Information. 19. Intellectual Property – 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. Contractor will work with American Rivers to ensure that City can secure these rights.
EXHIBIT A – SERVICE PLAN
SCOPE OF SERVICES AND COMPENSATION SCHEDULE
American Rivers will support the City of Richmond in implementing the tasks and deliverables in the California Natural Resources Agency’s Urban Flood Protection grant for the Flood Risk Reduction in the Rheem Creek Watershed project to restore Rheem Creek to address creek overflows and flooding in the Rollingwood community.
Term of Services: April 13, 2022 to March 1, 2024
Total Amount: $300,500
Task 1. DIRECT PROJECT MANAGEMENT & ADMINISTRATION
American Rivers (AR) will help the City of Richmond manage the California Natural Resources Agency (CNRA) Flood Risk Reduction in the Rheem Creek Watershed grant, including subcontracting with Restoration Design Group (RDG), The Watershed Project (TWP), and Urban Tilth.
AR Deliverables:
Prepare and submit signed subcontracts to the City of Richmond Prepare and submit invoices to the City of Richmond
Organize monthly check-in calls with project partners Develop Operation, Maintenance, Monitoring and Funding Plan Work with the City to provide project reports and/or photographs upon request by the State
City Responsibilities:
Prepare and submit Payment Request Form (including proof of payment) to CNRA Provide project reports and/or photographs upon request by the State Prepare CEQA
Submit CEQA documents to State
Provide evidence of adequate Land Tenure/Site Control to State Submit final site design/plans/specifications (including plant palette) to State Submit evidence of funding acknowledgement signage to State Submit evidence of interpretive signage to State
Record deed restriction and submit project closeout package with final payment request to State Submit all documentation for Project completion within 90 days of Project completion, but no later than March 1, 2024
RDG Responsibilities:
Sign contract between RDG and AR
Prepare and submit invoices to AR
Work with City to prepare CEQA
Obtain agency permits
Prepare 100% construction documents for public bid and construction
The Watershed Project Responsibilities:
Sign contract between TWP and AR
Prepare and submit invoices to AR
Design one interpretive sign
Design one funding acknowledgement sign
Pre and post (five years) project construction monitoring of creek water quality, sediment flow, and plant survival and establishment
Lead community outreach and engagement to keep residents informed about the final design and planned construction activities
Urban Tilth Responsibilities:
Sign contract between Urban Tilth and AR
Prepare and submit invoices to AR
Input on designs for creek maintenance and planting???
Task 2. CONSTRUCTION
The City will manage the construction of this Capital Improvements Project with support from RDG, who will help provide construction oversight and management to the City.
City Responsibilities:
Prepare Request for Proposals to bid construction and landscape contractor Oversee construction and landscape contract
Manage contingency
RDG Responsibilities:
Provide construction contract administration to support the City of Richmond
Task 3. GREENING/REVEGETATION
The City will oversee the construction contract and the construction contractor will likely subcontract to a landscape contractor to implement and manage the planting/revegetation. TWP will obtain additional plants that are not a part of the landscape contract, which they will work with Urban Tilth to install as part of workforce development and community engagement.
The Watershed Project Responsibilities:
Obtain additional plants not associated with landscape contractor Work with Urban Tilth to oversee installation of plants as part of workforce development and community engagement
Urban Tilth Responsibilities:
Work with TWP to install plants
Budget*
Task Project Element
Urban Flood
Protection Grant
1.00 Non-Construction Costs - Direct Project Management & Administration
1.01 Staff Time – American Rivers $ 50,000.00
1.02 Technical Consultants - Urban Tilth $ 5,000.00
1.03 Design and Engineering Services - RDG $ 77,500.00
1.04 Interpretive Sign Design - TWP $ 3,000.00
1.05 Environmental Documents (CEQA) - RDG $ 18,000.00
1.08 OM&M Funding Plan – American Rivers $ 10,000.00
1.09 Monitoring of water quality and sediment flow (pre & post) - TWP $ 27,000.00
1.10 Community Outreach and Engagement - TWP $ 50,000.00 $ 240,500.00
2.00 Construction
2.12 Construction Oversight and Management - RDG $ 30,000.00 SUBTOTAL $ 30,000.00
3.00 Greening / Revegetation
3.02 Plants to be installed by volunteers – TWP $ 5,000.00
3.05 Planting Oversight – TWP and Urban Tilth $ 25,000.00 SUBTOTAL $ 30,000.00
TOTAL $ 300,500.00
This is an estimate of how funding will be allocated by task. American Rivers will not exceed the total contract amount, but funding allocated within each task may change. The CNRA has approved a budget by line item. Any change to this amount will require an informal or formal amendment from CNRA.
Mileage will be reimbursed at the IRS Standard Mileage Rates. For 2022, the rate is $0.585/mile. All mileage and other expenses will be included in the total contracted amount.
Exhibit A-1: Cost Estimate
Grantee name: City of Richmond
Project name: Flood Risk Reduction in the Rheem Creek Watershed Grant Agreement # UF8814-0
Grant amount: $1,598,844.00
Grant Term: April 13, 2022 to March 1, 2024
Task Project Element
Urban Flood
Protection Grant
1.00 Non-Construction Costs - Direct Project Management & Administration
1.01 Staff Time 70,000.00$
1.02 Technical Consultants - Urban Tilth 5,000.00$
1.03 Design and Engineering Services 77,500.00$
1.04 Interpretive Sign Design 3,000.00$
1.05 Environmental Documents (CEQA) 18,000.00$
1.08 OM&M Funding Plan 10,000.00$
1.09 Monitoring of water quality and sediment flow (pre & post) 27,000.00$
1.10 Community Outreach and Engagement 50,000.00$
SUBTOTAL not to exceed 25% of Grant ($399,711) 260,500.00$
2.00 Construction
2.01 Mobilization (Site control, Storm Water Management & Dewatering) 312,929.00$
2.02 Clearing and Grubbing 111,587.00$
2.03 Demolition (remove chain link fence, concrete and trash disposal) 24,700.00$
2.04 Grading 111,000.00$
2.05 Erosion Control 23,400.00$
2.06 Repair Two Storm Drains 90,000.00$
2.07 Fencing and Gates 28,250.00$
2.08 Maintenance Road (temporary project and maintenance access) 21,083.00$
2.09 Interpretive Signage (materials and installation) 3,500.00$
2.10 Funding acknowledgment Sign 1,000.00$
2.11 Cleaning Site 15,000.00$
2.12 Construction Oversight and Management 113,795.00$
SUBTOTAL 856,244.00$
3.00 Greening / Revegetation
3.01 Trees, Live Cuttings, Container plants and Mulch (plant materials) 122,575.00$
3.02 Plants to be installed by volunteers 5,000.00$
3.03 Seeding 9,300.00$
3.04 Plant Installation and Establishment up to two years 198,550.00$
3.05 Planting Oversight 25,000.00$
SUBTOTAL 360,425.00$
Contingency (not to exceed 10% of Grant)
CONTINGENCY 121,675.00$
TOTAL 1,598,844.00$
†Only direct project costs supported by appropriate backup are eligible for reimbursement. Overhead/indirect costs are not eligible.
PARTNER SUBCONTRACTS Amount
TWP (The Watershed Proejct) 110,000
RDG (Restoration Deisgn Group) 125,500
AR (American Rivers) 60,000
Urban Tilth 5,000
TOTAL 300,500
CITY OF RICHMOND FUNDING
City of Richmond (bid and design and construction oversight) 30, 000$ Construction and landscape contractor 1,146,669$
Contingency 121,675$
TOTAL 1,298,344$
Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service payroll may not include a "billable rate" or administrative cost allocation.
*All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
July 19, 2022
Economic Development
DATE: July 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, City Manager
Thomas Omolo, Senior Management Analyst
Lizeht Zepeda, Senior Business Assistance Officer
Subject:
Ballot Approval to Renew the Downtown Richmond
Property and Business Improvement District
FINANCIAL IMPACT: No immediate financial impact is caused by this action. If DRPBID renewal is approved by 50 percent or more of
the returned property owner ballots and the City adopts the resolution to renew the DRPBID, the City’s annual
assessment for fiscal year 2022-2023 would be
$39,305.10.
PREVIOUS COUNCIL
ACTION:
May 3, 2022 & May 17, 2022
STATEMENT OF THE
ISSUE:
City staff is requesting the City Council conduct the
noticed Public Hearing to consider adopting of a
Resolution renewing the Downtown Richmond Property
and Business Improvement District (DRPBID), approving
the assessment formula, and levying the assessments.
RECOMMENDED ACTION:
ADOPT a resolution renewing the Downtown Richmond
Property and Business Improvement District (DRPBID),
approving the assessment formula, and levying the
assessments – City Manager’s Office (Shasa
Curl/Thomas Omolo/Lizeht Zepeda 620-6512). This item
was continued from the July 5, 2022, meeting.
AGENDA
REPORT
July 19, 2022
DISCUSSION:
The Richmond Main Street Initiative and Downtown Richmond Property Business Improvement District (DRPBID) property owners have proposed a renewal of the DRPBID to provide activities and improvements which constitute and convey special benefits to assessed property owners. The renewed DRPBID will provide additional maintenance, safety and nuisance abatement, marketing, promotions and business development, capital improvements, and related administration to assessed properties within the DRPBID boundary. The Richmond City Council authorized the City Manager to sign a petition supporting DRPBID renewal and including City property in the DRPBID on May 17, 2022.
The City of Richmond is a significant property owner in this area and City staff is requesting City Council continue to support the DRPBID. The DRPBID will be governed in accordance with a written Management District Plan, pursuant to Streets and Highways Code section 36622. The Plan sets guidelines for the DRPBID including the assessment rate, service plan, collection provisions, and governance (Attachment 2).
The DRPBID assessment rate (cost to the parcel owner) is based on parcel type and square footage. The initial annual assessment rate applied to commercial parcels is $0.15 per square foot per year and applied to non-profit housing parcels is $0.08 per square foot per year. Assessment rates may be subject to an increase of no more than three percent (3%) per year. The renewed DRPBID will have a seven (7) year life beginning January 1, 2023, to December 31, 2029. After the seven (7) year term, the DRPBID may be renewed again for up to ten (10) years if property owners support continuing the programs (Attachment 2).
The California Constitution, in Article XIII D, provides that “parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” No public agency, including the City of Richmond, owning parcels in the DRPBID has made such a demonstration. City-owned parcels within the DRPBID will receive special benefits from the full range of DRPBID activities and improvements and will therefore be assessed at the full commercial rate, commensurate with the degree of special benefit.
The resolution renewing the DRPBID may be adopted by City Council after holding a public hearing on the proposed renewal if fifty percent (50%) or more of the ballots received (weighted by assessment) are in support of DRPBID renewal. City staff recommends holding the final hearing and ballot count on July 5, 2022. This date is in compliance with the legally required minimum 45-day return period for property owner ballots. The assessment, if renewed, would be placed on property tax bills; thus, the hearing must be held no later than July 31, 2022, to comply with the county assessor’s deadline.
July 19, 2022
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Renewing the DRPBID, Approving the Assessment Formula, and Levying the Assessments
Attachment 2 – Management District Plan
RESOLUTION NO. _________ - ____________
A RESOLUTION OF THE RICHMOND CITY COUNCIL
RENEWING THE DOWNTOWN RICHMOND PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT, APPROVING THE
ASSESSMENT FORMULA, AND LEVYING THE ASSESSMENTS
WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq. authorizes cities to renew property and business improvement districts upon petition by a weighted majority of property owners within the renewed district and affirmative ballot; and
WHEREAS, a majority of the property owners subject to assessment, weighted according to the amount of assessment to be paid by each property owner, have petitioned the City Council to renew the Downtown Richmond Property and Business Improvement District (“DRPBID”); and
WHEREAS, on May 17, 20 22, the City Council adopted Resolution No. 923, which was the Resolution of Intention to renew the DRPBID; and
WHEREAS, on July 5, 2022, the City Council conducted a public hearing at 6:30 PM at 440 Civic Center Plaza, Richmond, CA 94804, with respect to the renewal of the DRPBID; and
WHEREAS, all written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and co mplete hearing was granted and held; and
WHEREAS, pursuant to California Constitution Article XIII D, ballots were mailed to property owners within the boundaries of the DRPBID, and, among those ballots returned to the City, a weighted majority of the pr operty owners within the DRPBID have approved renewal of the DRPBID; and
WHEREAS, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California, Ross Peabody , in support of the DRPBID’s assessments, has been prepared, is incorporated in the Management District Plan, and is on file with the Office of the City Clerk and is incorporated herein by this reference (“Engineer’s Report”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND RESOLVES:
1. The recitals set forth herein are true and correct.
2. The Downtown Richmond Property and Business Improvement District is hereby renewed and the annual assessment is hereby levied for each year of the entire term of the DRPBID. The initial annual assessment will total approximately $239,990.60.
3. The Management District Plan and the Engineer’s Report are hereby approved.
4. The assessment shall be imposed on properties within the DRPBID. The boundaries of the DRPBID gene rally include parcels along portions of Macdonald Avenue from 6th Street (in the west) to the BART tracks (in the east); portions of 8 th Street and Harbour Way from Barrett Avenue (in the north) to Bissell Avenue (in the south); portions of Marina Way from Nevin Avenue (in the north) to Bissell Avenue (in the south).
5. Assessment rates are as follows: The initial annual assessment rate applied to commercial parcels is $0.15 per square foot per year, and applied to non-profit housing parcels is $0.08 per square foot per year. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
6. The Assessment Roll for the Downtown Richmond Property and Business Improvement District, Richmond, State of California has been filed with the City Clerk, and is hereby approved.
7. The assessments shall be collected in accordance with Section 36631 of the Streets and Highways Code.
8. The assessment levied for the DRPBID shall be applied towards economic revitalization and maintenance programs, including Maintenance, Safety and Nuisance Abatement; Marketing, Promotions and Business Development; Capital Improvements; and related administration.
9. Bonds shall not be issued.
10. Properties with in the DRPBID are subject to any amendments to Part 7 (commencing with Section 36600) to Division 18 of the Streets and Highways Code.
11. The improvements and activities to be provided in the DRPBID will be funded by the levy of the assessments specifie d in the assessment roll. The revenue from the levy of such assessments shall not be used to provide improvements or activities outside the DRPBID or for any purpose other than the purposes specified in the Resolution of Intention and Management District Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the DRPBID boundaries to create a special benefit to the assessed parcels may be provided, but shall be limited to marketing or signage pointing to the DRPBID.
12. All property within the DRPBID will be benefited specially and directly by the improvements and activities funded by the assessments proposed to be levied.
13. The City Clerk is directed to take all necessary actions to complete the renewal of the DRPBID. The City Clerk is directed to record in the County Recorder’s Office a notice and assessment diagram as required by Streets and Highways Code section 36627.
14. If any section, subsection, sentence, clause or phrase of this resolution is for an y reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution.
The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phases hereof be declares invalid or unconstitutional.
15. This resolution shall take effect immediately.
I HEREBY CERTIFY that the foregoing Resolution of Intention was introduced and adopted at a regular meeting of the City Council on the _____ day of July 2022 by the following vote:
AYES: Council MEMBERS:
NOES: Council MEMBERS:
ABSENT: Council MEMBERS:
ABSTAIN: Council MEMBERS:
__________________
___
Mayor
ATTEST:
_____________________
CITY CLERK
DRPBID Management District Plan April 5, 2022 i
2023-2030
April 5, 2022 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.
DOWNTOWN RICHMOND PROPERTY AND BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN AND ENGINEER’S REPORT
DRPBID Management District Plan April 5, 2022 ii Contents I. Overview .................................................................................................................................................... 1 II. Background ............................................................................................................................................... 3 III. Accomplishments .................................................................................................................................... 4 IV. Boundaries ................................................................................................................................................. 5 V. Service Plan & Budget ............................................................................................................................. 6 A. Establishment 6 B. Improvements, Maintenance and Activities 6 C. Annual Assessment Budget 7 D. Service Budget 8 E. Annual Maximum Assessment Budget 8 VI. Assessment Rate ..................................................................................................................................... 10 A. Assessment Formula 10 B. Changes in Zoning, Ownership, Building Square Footage, or Parcel Size 10 C. Assessment Notice 10 D. Time and Manner for Collecting Assessments 10 VII. Governance ............................................................................................................................................. 11 A. Owners’ Association 11 B. Brown Act & Public Records Act Compliance 11 C. Annual Report 11 VIII. Engineer’s Report .................................................................................................................................. 12 Appendix 1 – Maximum Annual Assessment Rates ........................................................................................... 26 Appendix 2 – PBID law ........................................................................................................................................... 27 Appendix 3 – Map ..................................................................................................................................................... 39 Appendix 4 – Parcel Assessment Calculations .................................................................................................... 40 Appendix 5 – Total Estimated Maximum Cost Of Improvements, Maintenance, And Activities ... Error! Bookmark not defined. Prepared by Civitas www.civitasadvisors.com (800)999-7781
DRPBID Management District Plan April 5, 2022 Page 1 I. OVERVIEW Developed by a growing coalition of property owners, Downtown Richmond Property and Business Improvement District (DRPBID) is a benefit assessment district whose purpose is to provide improvements, maintenance and activities that constitute and convey a special benefit to assessed parcels. As required by state law, property owners have created this Management District Plan (Plan) to renew the DRPBID. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. As required by state law, property owners have created this Management District Plan (Plan) to renew the DRPBID. Location: The DRPBID generally includes parcels along portions of Macdonald Avenue from 6th Street (in the west) to the BART tracks (in the east); portions of 8th Street and Harbour Way from Barrett Avenue (in the north) to Bissell Avenue (in the south); portions of Marina Way from Nevin Avenue (in the north) to Bissell Avenue (in the south); and portions of 16th Street from Macdonald Avenue (in the north) to Bissell Avenue (in the south), as shown on the map in Section IV. Purpose: The purpose of the DRPBID is to provide improvements, maintenance, and activities, which constitute and convey a special benefit to assessed parcels. The DRPBID will provide Maintenance, Safety and Nuisance Abatement; Marketing, Promotions and Business Development; Capital Improvements; and related administration directly and only to assessed parcels within its boundaries. Budget: The DRPBID annual assessment budget for the initial year of its seven (7) year operation is anticipated to be $239,990.60. The annual budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds shall be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $255,098.26. Cost: The assessment rate (cost to the parcel owner) is based on parcel square footage. The initial annual rate to each parcel is shown in the table below. Over the seven (7) year term of the DRPBID, the assessment rate may be subject to annual increases that shall not exceed three percent (3%) per year. Increases shall be determined by the Owners’ Association Board of Directors and may vary each year. Parcel type Assessment rate (per square foot) Commercial $0.15 Non-profit Housing $0.08 Renewal: DRPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The “Right to Vote on Taxes Act” (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the DRPBID.