Agenda — Richmond City Council, July 26, 2022 (part 4 of 16)

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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, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the 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,

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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 Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these 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.

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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.

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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.

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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.

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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.

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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):

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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.

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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,
[ ] other [specify:]

2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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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:

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

By:

By: Title:

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

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For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

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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 THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor 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 after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

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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:

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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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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.

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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:

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General Conditions/EJ/TE 01-19-11 6 of 13

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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.

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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.

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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.

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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General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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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General Conditions/EJ/TE 01-19-11 11 of 13

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.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

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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.

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.

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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):

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For the Contract between the City of
Richmond and

EXHIBIT F

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July 26, 2022
Public Works
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Joe Leach, PE, Public Works Director
Greg Hardesty, Parks & Landscaping Superintendent
Subject: Hilltop Landscape District Office Trailer and Yard Lease FINANCIAL IMPACT: The proposed expenditure of $31,182 will be funded from the approved fiscal year 2022-2023 Hilltop Landscape
Maintenance District (HLMD) Operational Budget
(11233731-400536). There is no new impact to the
General Fund. A $229,115 subsidy is provided to the
HLMD.

PREVIOUS COUNCIL
ACTION:
-

STATEMENT OF THE
ISSUE:

Public Works staff is requesting authorization to continue the month-to-month lease with North Richmond
Properties, Inc. for office trailers and yard space to store containers and landscaping equipment.

RECOMMENDED ACTION: APPROVE a fifth lease amendment with North Richmond Properties, Inc., in an amount not to exceed $31,182, for a month-to-month term, for the rental of two office trailers and space to store containers and landscaping
equipment – Public Works Department (Joe Leach/620-
5478/Greg Hardesty 620-6920).

AGENDA
REPORT

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July 26, 2022
DISCUSSION:

Five years ago, the Public Works Department leased storage space for equipment at a cost of $1,312.50 per month at 2801 Giant Road. The proximity to the Hilltop District, has greatly improved the efficiency of the unit by reducing the travel time associated with transporting equipment from the Parks Yard on Leona Avenue to the Hilltop area, thus, enabling staff to spend more time in the field. In April 2019, Parks Operations had to vacate the office trailer in the parking lot at Hilltop Mall. Parks Operations continues to lease an office trailer at the leased yard at 2801 Giant Road. The additional cost for the office trailer lease is $866 per month. In July 2019, a second office trailer was added to the lease to provide a conference and lunchroom. The additional cost for the second office trailer lease is $420 per month. We are seeking approval to continue with the month-to-month lease agreement. The monthly payment for this lease will be $2,598.50 per month and will be paid out of the 2022-2023 Hilltop Maintenance District Operational Fund.

Amendment #5 corrects an error in Amendment #4 that was approved in August 2021.

Amendment #4 indicated that the cost of the yard space rent was $13,128 per year and $1,094 per month. The correct cost of the yard space rent is $15,750 per year or $1,312.50 per month. The correct lease payments have been paid by the City since August 2021.

DOCUMENTS ATTACHED:

Attachment 1 – Original Lease
Attachment 2 – Lease Agreement Addendum #1
Attachment 3 – Lease Agreement Addendum #2
Attachment 4 – Lease Agreement Addendum #3
Attachment 5 – Lease Agreement Addendum #4
Attachment 6 – Lease Agreement Addendum #5

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DocuSign Envelope ID: 9940223F-510C-4609-8F51-D00C84B10D7E 7/30/2021

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July 26, 2022
Public Works
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Joe Leach, Director of Public Works
Subject: Approval of Final Map and Authorize Execution of Subdivision Improvement Agreement for Cherry Blossom
Row Development, a 100-Unit Condominium
Development
FINANCIAL IMPACT: Approval of the final map will not have an impact on the City's general fund; however, once the subdivision is
developed with the housing units, the property tax and
transfer tax (when the lots are sold) will have a beneficial effect on the City’s general fund revenues.

PREVIOUS COUNCIL
ACTION:

Not applicable.

STATEMENT OF THE
ISSUE:

The subdivider, City Ventures Homebuilding, LLC., has
complied with the conditions set forth by the Planning
Commission in its approval of the Vesting Tentative Map, the Subdivision Ordinance (RMC 15.04.705), and all
applicable State and local laws and regulations, including the Subdivision Map Act. City staff is requesting that the City Council adopt a resolution approving the Final Map for Subdivision [9609], “Cherry Blossom Row,” and
authorizing the execution of a Subdivision Improvement
Agreement with the developer, City Ventures
Homebuilding, LLC., and recording thereof.

AGENDA
REPORT

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July 26, 2022
RECOMMENDED ACTION: ADOPT a resolution approving the Final Map for Subdivision [9609], “Cherry Blossom Row”; and
AUTHORIZE the execution of a Subdivision Improvement
Agreement with the subdivider, City Ventures
Homebuilding, LLC., and complete recording thereof –
Public Works (Joe Leach 510-620-5478).

BACKGROUND:

City Ventures Homebuilding, LLC. (the “Subdivider” and “Developer”) has prepared their final map and subdivision improvement drawings for Subdivision [9609], “Cherry Blossom Row”, to construct 100 residential condominiums ranging in size from ±1,300 sq. ft to ±1,900 sq. ft. The Final Map includes a two-lot subdivision with Public Utility Easements, Emergency Vehicle Access, Public Access Easements, and Storm Drain Easements to be granted to the City of Richmond and various utility agencies. A homeowners’ association would also be formed to maintain the subdivision improvements, including the community garden, other common areas, road, utilities, and landscaping.

The Project received the following approvals (PLN20-331):
 A Vesting Tentative Map for the subdivision of the project site;  Design Review for the project design;
 Conditional Use Permit for the community garden; and
 Concession and waiver under State Density Bonus Law.

The Vesting Tentative Subdivision Parcel Map (PLN20-331) for the Subdivision [9609] was approved by the Planning Commission with reference to Planning Commission Resolution No. 21-16.

DISCUSSION:

City Ventures Homebuilding, LLC. (the “Subdivider” and “Developer”) has complied with the conditions set forth by the Planning Commission, the Subdivision Ordinance of the City of Richmond and all other applicable State and local laws and regulations.

The delineation of Subdivision [9609], “Cherry Blossom Row”, as shown in the attached map was prepared by the Developer’s design engineering surveyor. The preliminary map has been reviewed and accepted by the City Engineer for City Council approval.

Construction of streets, sidewalks, drainage facilities, water services, joint trench, lighting system, and landscaping are to be completed and included in the Subdivider’s project. Detailed construction drawing for the subdivision improvements are provided in the Subdivision Improvement Plans. Since the public improvements related to

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July 26, 2022
this subdivision have not yet been completed, the City is required to enter into a Subdivision Improvement Agreement with the Subdivider.

The Subdivider provided a project cost estimate for the improvements for Subdivision [9609]. The Subdivision Improvement Agreement (“SIA”) was drafted based on the Subdivision Improvement Plans and the Subdivider’s cost estimate. The proposed SIA is attached for consideration and approval. Project improvement securities were written inclusively in the SIA with the specific amount equal to $608,152 for off-site improvements and landscaping, and $304,076 for the security of laborers and materialmen. The Subdivider is to furnish the City bonds by duly authorized corporate sureties upon the execution of the SIA.

The Subdivider requests that the City Council approve the Final Map and Subdivision Improvement Agreement for Subdivision [9609], “Cherry Blossom Row.” DOCUMENTS ATTACHED:

Attachment 1 – Final Map
Attachment 2 – Subdivision Improvement Agreement (SIA)
Attachment 3 – Resolution

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1 IMPROVEMENT AGREEMENT FOR
SUBDIVISION [9609]
THIS AGREEMENT, MADE THIS 26th day of July, 2022 by and between City Ventures Homebuilding, LLC, hereinafter referred to as “Subdivider”, and the CITY OF RICHMOND, a municipal corporation, hereafter referred to as “City.” WITNESSETH:

It is mutually agreed by both parties as follows:

1. Improvements to be Constructed.

Subdividershall construct, or cause to be constructed, within or associated with Subdivision [9609], in the city of Richmond, California, all of the improvements referred to in Section

15.04.709.030 of the Municipal Code of City together with such other improvements desired by Subdivider or required by City as set forth on July 26, 2022 (the “Improvement Plans and Specifications”), all at Subdividers’ expense (the “Improvements”). Without limiting the generality of the foregoing:
a. All such improvements shall be constructed in accordance with the Improvement Plans and Specifications prepared by Subdivider and approved by the City Engineer. b. The water and electric systems, the telephone and cable television systems and the sanitary sewer and storm drain systems shall service the lots in said subdivision unless otherwise authorized by the City Engineer, and shall be satisfactory to the appropriate utility company and City.
c. Boundary and street monuments shall be installed at all points shown on the Final Map of said subdivision and cornerstakes shall be set as required by Section

15.04.709.070 of the Municipal Code of the City. A street monument list shall be submitted, as detailed in Section 15.04.709.070(E), after the monuments have been installed and shall include the elevation and coordinates of each monument. d. All improvements to be constructed on property other than public property shall be constructed in accordance with the approved Improvement Plans and Specifications of said subdivision and approved by the Building Regulations and Planning Department.
e. All planting for erosion control and all landscaping and planting as required by City and as shown on the Improvement Plans shall be installed to the satisfaction of the Parks and Landscaping Division and the Planning Department of the City. f. All offsite improvements required in connection with the subdivision, including paving, concrete work, utility work and landscaping, within any public right-of way or City owned property shall be constructed in accordance with the Improvement Plans and Specifications prepared by Subdivider and approved by the City Engineer.

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2 City will provide access or easements necessary for the construction and use of Improvements on City owned property.
g. In the course of building offsite improvements shown on the Improvement Plans, Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all existing pipes, structures, mechanical equipment, landscaping, pavement, and monuments shown on the Improvement Plans which have been destroyed or damaged by any of the work done hereunder. Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or, if mutually agreed by Subdivider and City or agency, pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property is owned by the City or any agency thereof, public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be completed to the satisfaction, and subject to the approval, of the City Engineer.

2. Construction Time.

Subdivider shall perform, or cause to be performed, all of the Improvements referred to in this Agreement within thirty months from the date of this Agreement, and all of said Improvements shall be equal or superior to the applicable requirements of the Standard Specifications for Public Works Construction, as adopted by the Council of the City of Richmond by Ordinance No. 25-78 N.S., as amended, on file in the office of the City Engineer. After commencement of the Improvements, work on the Improvements shall be performed diligently on each working day, weather permitting, until completion. Scheduling of work on the Improvements shall be as approved by the City Engineer. Undue delays in completing the construction of the improvements shall be cause for City to take action on the Improvement Security required by Paragraph 8 of this Agreement.

3. Record Drawings.

Subdivider shall submit to the City Engineer, upon completion of all of the Improvements referenced herein, a set of the record drawings in both a reproducible hard copy version and electronic format. The electronic format should be on a standard compact disk (CD-R/CDR/W) or DVD and provided in the following formats: CAD (.dwg) and Portable Document Format (.pdf). The attributes of these formats need to be stored as database fields. The geographic parameters required are: 1) precision (up to 10 digits), 2) coordinate system (State plane coordinate system), 3) unit of measurement (feet), 4) projection system (Lambert conformal conic), 5) Horizontal Datum (NAD83), and 6) Vertical Datum (NAVD1988) unless directed otherwise by the City Engineer.

4. Erosion Control.

Subdivider agrees to take all necessary precautions to prevent erosion and transportation of sediment from the site in connection with the construction of the Improvements. Temporary erosion and sediment control plans and schedulesin connection with the construction of the Improvements shall be (A) prepared by Subdivider and submitted to the City by August 15

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3 of any year during which the Subdivider will be performing work pursuant to the Improvement Plans and Specifications and (B) approved by the City prior to the first day of September for each year wherein the Subdivider will be performing work pursuant to the Improvement Plans and Specifications. Implementation of the erosion and sediment control plans must be in accordance with the plans and schedules approved by City. A final erosion and sediment control plan must be implemented no later than thirty months from the date of this Agreement.

5. Certification of Soils Engineer and Civil Engineer
Prior to acceptance of improvements, Subdivider shall furnish City a letter signed by the Subdivider’s soils engineer and civil engineer stating that the improvements have been constructed in accordance with the Improvement Plans and Specifications, as amended by changes authorized by the City and the soils report prepared by the Subdivider’s soils engineer.

6. Inspection Reimbursement.

Subdivider agrees to reimburse City for engineering inspection and testing services as established by Resolution No. 57-82 of the Council of the City of Richmond, including any amendments thereto.

7. Utility Guarantees
Upon execution of this Agreement, Subdivider shall furnish City copies of bonds and/or proof of deposits when required by East Bay Municipal Utility District, Pacific Gas and Electric Company, AT&T and the appropriate cable television company. Prior to the acceptance of the subdivision the Subdivider shall furnish the City with a letter stating that each lot within the subdivision is served by all required utilities as required by City ordinance or the Improvement Plans and Specifications.

8. Improvement Security.

Upon execution of this Agreement, Subdivider shall furnish City a bond or bonds by one or more duly authorized corporate sureties in the amount of $608,152 to secure the performance of the acts set forth in this Agreement and in the amount of $304,076 for the security of laborers and materialmen. Security given for faithful performance of the acts set forth in this Agreement may be released upon the acknowledgment by the City Engineer of the performance of the act or the completion and acceptance of the work required pursuant to the Improvement Plans and Specifications (City Acknowledgement/Acceptance). Security securing the payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment for work under taken pursuant to the Improvement Plan and Specifications may, six months after City Acknowledgment/Acceptance, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the Council of the City of Richmond, and if no such actions have been filed, the security may be released in full.

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4 9. Guarantee Security
Prior to City Acknowledgment/Acceptance, Subdivider shall furnish City, at the option and subject to the approval of City (A) a bond or bonds by one or more duly authorized corporate sureties (B) a deposit of money or negotiable bonds of the kind approved for security deposits of public monies, or (C) an instrument of credit from one or more financial institutions subject to regulations by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, in the amount of $91,222.80 for the guarantee and warranty of the work for a period of one year following said acknowledgment against any defective work or labor done, or defective materials furnished. The guarantee security shall be released upon satisfactory completion of the guarantee period provided all deficiencies appearing on the final deficiency list for the subdivision have been corrected.

10. Prevailing Wages
The Subdivider and any contractor or subcontractor under him shall pay not less than the specified prevailing rates of wages to all workers involved in the completion of any improvements under this agreement that require the payment of prevailing wage under the California Labor Code Section 1720 et. seq. and shall otherwise comply with California Labor Code Section 1720 et. seq.

11. Homeowner’s Association
Subdivider shall form a Homeowner’s Association and record covenants, conditions, and restrictions (“CC&Rs”) requiring Homeowners Association’s management, maintenance and control of the common properties, including but not limited to the fences, subdrains, retaining walls, landscaping and irrigation in the common areas, court yards, paths, and private streets located within Subdivision [9609] maintaining all site landscaping and allowing the enforcement of the CC&Rs by the City. Subdivider agrees not to sell any lots, parcels, or units within said subdivision until said Homeowner’s Association is formed and said CC&Rs are approved by the City and recorded. The City may withhold the issuance of any occupancy permit for said subdivision or withhold acceptance of said improvements until such has been accomplished.

12. Permission to File Final Map
City hereby consents that Subdivider may file and record Final Map of said subdivision only after the Subdivider has furnished to the City and the City has accepted the performance and laborers and materialmen bonds required by Paragraph 8 of this Agreement. The City hereby acknowledges that said subdivision is a subdivision in compliance with the laws of the State of California.

13. Archaeological Resources
In the event that subsurface archaeological resources are encountered during grading, Subdivider shall follow the requirements specified in the Cultural Resources Section of

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5 Appendix C of the CEQA Checklist on file with the City.

14. Hold Harmless Agreement - General
Subdivider shall indemnify and save the City, its agents, officers and employees harmless from and against any and all liability, claims, suits, actions, damages, penalties, and/or causes of action for any personal injury, bodily injury, loss of life or damage to property, violation of any federal, state or municipal law or ordinance or other cause arising from or in connection with the activities of Subdivider, contractors, subcontractors, agents, and employees under said Agreement (collectively “Claims”), including without limitation Claims filed on account of the performance or character of the work performed under this Agreement, unforeseen difficulties, accidents, occurrences or other causes related to the performance or character of the work under this Agreement and from and against all costs, counsel fees, expenses incurred in obtaining expert testimony and the attendance of witnesses, expenses, and liability incurred in and about the claims, the investigation thereof or the defense of any action or proceedings brought thereon, and from and against any orders, judgments or decrees which may be entered therein unless arising out of the negligence or willful misconduct of the City.

It is understood and agreed that this Agreement binds each of us, ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally.

IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first above written.

CITY OF RICHMOND, a municipal Title
Corporation
Approved as to form:

By
Mayor
City Attorney
Attest:

SUBDIVIDER:

City Clerk
City Ventures Homebuilding, LLC
By
Title

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Attachment 1
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND APPROVING THE FINAL MAP OF SUBDIVISION 9609 AND EXECUTION OF

THE SUBDIVISION IMPROVEMENT AGREEMENT WITH CITY VENTURES

HOMEBUILDING, LLC AND DIRECTING THE RECORDING THEREOF
WHEREAS, the Subdivider, City Ventures Homebuilding LLC, has complied with all terms and conditions set forth by the City Council in its approval, the Subdivision Ordinance of the City of Richmond and all other applicable state and local laws and regulations, including the Subdivision Map Act; and
WHEREAS, the Subdivider has entered into a Subdivision Improvement Agreement with the City of Richmond for the construction of streets, sidewalks, drainage facilities, water service, joint trench, streetlights and landscaping; and WHEREAS, the Subdivider has requested the City of Richmond approve said Final Map.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond that based on all evidence in the administrative record of proceedings, it hereby finds that the Subdivision Improvement Agreement and the Final Map for Subdivision 9609 conforms to all the requirements of the Subdivision Map Act of the State of California and Chapter 15.04.705 of the Municipal Code of the City of Richmond applicable at the time of conditional approval of said Subdivision, hereby approves said Subdivision Improvement Agreement and Final Map, directs the Mayor of the City of Richmond to execute the Subdivision Improvement Agreement and directs the City Clerk of the City of Richmond to execute the Final Map and transmit said Final Map and Subdivision Improvement Agreement to the subdivider, who will take them to the Office of the Recorder of Contra Costa County, California for recordation. *****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting held on July 26, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Clerk of the City of Richmond
Approved:
(SEAL)
Mayor
Approved as to form:

City Attorney

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July 26, 2022
Public Works
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Joe Leach, Public Works Director
Mary Phelps, Project Manager
Subject: Phase I of the Keller Beach Sanitary Sewer Feasibility Study
FINANCIAL IMPACT: The study is funded from the FY 2022-2023 Wastewater Enterprise Funds (40322931-400733- 01C08).

PREVIOUS COUNCIL
ACTION:

January 18, 2022, City Council adopted Resolution 8-22

STATEMENT OF THE
ISSUE:

In January 2022, the City completed the closed-circuit
televising (CCTV) of the Keller Beach sanitary sewer line.

The Baykeeper Settlement Agreement requires the City
of Richmond to conduct a Feasibility Study to determine the best solution regarding the replacement, relocation, or rehabilitation of the Keller Beach Sanitary Sewer Line.

This contract will address Phase I of the study.

RECOMMENDED ACTION: ADOPT a resolution approving a sole-source contract with Coastland Engineering to conduct Phase I of the
Keller Beach Sanitary Sewer Line Feasibility Study, in a total amount not to exceed $475,000, with a term
beginning July 1, 2022, and ending June 30, 2023 –
Public Works, Water Resource Recovery (Joe Leach
620-5478 /Mary Phelps 621-1269).

DISCUSSION:

In 2018, the City of Richmond (“City”) entered into a second settlement agreement with San Francisco Baykeeper (“Baykeeper”) because the City was unable to meet the terms of the 2016 City-Baykeeper Settlement Agreement involving significant sanitary sewer AGENDA
REPORT

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July 26, 2022
overflows during wet, rainy weather due to the City’s sanitary-sewer collection system’s conditions. Under the second settlement agreement in 2018, the City agreed to improve its sewer collection system. Additionally, Baykeeper requested performance of a feasibility study to determine the condition of the Keller Beach Sewer Trunk line given its sensitive location along the Point Richmond shoreline.

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July 26, 2022
On January 18, 2022, City Council adopted Resolution 8-22 accepting the Keller Beach Assessment Study, which allowed for the Keller Beach Sanitary Sewer Moratorium to be adopted.

The existing Keller Beach sanitary sewer interceptor pipeline, which serves the Point Richmond community, is located in the tidal zone of San Francisco Bay between the Keller Beach pump station and the Chevron wharf.

The City has determined that the 63-year-old pipeline is in poor condition and cannot be maintained in its current location due to inadequate access, pipeline structural defects, and the unlikelihood of obtaining the necessary environmental permits to repair or replace the pipeline in place. The City has, therefore, elected to replace the Keller Beach sanitary sewer in the public right-of-way in the streets of Point Richmond. Until the sanitary sewer is replaced, the City is under a temporary moratorium for new sewer connections to the Keller Beach sanitary sewer.

The new sanitary sewer pipeline is anticipated to be a combination of pump stations, force main and gravity sewer pipelines, approximately 5,800 feet in length, that will connect the existing sanitary sewer collection system to the Keller Beach pump station located near Dornan Drive. Construction methods for new and upsized sewer mains may include traditional open-cut construction, pipe-bursting, pipe-reaming, and horizontal directional drilling.

Potential project constraints include topography, the location of existing utilities, public right-of-way and utility easements, geotechnical conditions, and environmental permitting requirements. These constraints will need to be explored through surveys, studies, and investigations. Subsequently, preliminary alternatives for constructing a new sanitary sewer main in the proposed corridor will be developed in consideration of these site constraints but will be limited to the available information. These alternatives will be quantitatively and qualitatively compared to identify the most feasible solutions. It is anticipated that additional detailed investigations will be needed in the next phase to further define the most feasible alternatives.

Although service to the majority of the properties served by the Keller Beach sewer will be unaffected by the new pipeline’s location, the need for sewer lateral improvements on private property are anticipated for some cliffside homes with low finished floor elevations relative to the street. The feasibility of constructing these private property improvements must also be evaluated.

A brief outline of the Study is presented below. Please see the Scope of Work in the attached contract for more details of each task listed. • Task 1 – Meetings, Schedules, and Project Management

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• Task 2 – Background Information and Utility Research
• Task 3 – Public Outreach
• Task 4 – Topographic Survey and Base Map Preparation
• Task 5 – Geotechnical Investigation
• Task 6 – Environmental Compliance and Permit Scoping
• Task 7 – Sanitary Sewer Main Feasibility
• Task 8 – Private Sewer Lateral Feasibility
• Task 9 – Funding Options
Additional progress meetings with City staff will be conducted monthly or as needed to review submittals. Coastland Engineers will also make presentations at up to three (3) City Council meetings.

Public Works staff is requesting City Council adopt the resolution authorizing a contract with Coastland Engineering to complete the Keller Beach Feasibility Study in an amount not to exceed $475,000.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution to authorize sole-source contract with Coastland Engineering to conduct a Feasibility Study of the Keller Beach Sanitary Sewer Line.

Attachment 2 – Coastland Engineering Contract
Attachment 3 – Resolution 8-22
Attachment 4 – Sole Source Finance Approved - Coastland Contract

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Attachment 1
RESOLUTION NO. ___________

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

TO AUTHORIZING A SOLE SOURCE CONTRACT WITH COASTLAND CIVIL

ENGINEERING TO PROVIDE ENGINEERING SERVICES FOR THE PHASE I

FEASIBILITY STUDY OF THE KELLER BEACH SANTIARY SEWER LINE IN AN AMOUNT NOT TO EXCEED $475,000.
_________________________________________________________________________________

WHEREAS, the City of Richmond (“City”) entered into a second settlement agreement with San Francisco Baykeeper (Baykeeper) in 2018 due to the fact that the City was not able to meet the terms of the 2016 Settlement Agreement regarding significant sanitary sewer overflows during wet rainy weather due to the condition of the City’s sanitary sewer collection system; and WHEREAS, the City agreed within the settlement agreement with Baykeeper to make improvements to the City’s sewer collection system; and WHEREAS, in addition to specific Capital Improvement Projects listed in the Settlement Agreement, Baykeeper requested that a feasibility study should be performed to determine the condition of the Keller Beach Sewer Trunk line due to the sensitive location; and WHEREAS, the City established funding in the FY 2021-2022 budget in the amount of $500,000 to cover the cost of this study; and
WHEREAS, on January 18, 2022, City Council adopted Resolution 8-22 accepting the Keller Beach Assessment Study, which allowed for the Keller Beach Sanitary Sewer Moratorium to be adopted; and
WHERAS, the City has determined that the 63-year-old pipeline is in poor condition and cannot be maintained in its current location due to inadequate access, pipeline structural defects, and the unlikelihood of obtaining the necessary environmental permits to repair or replace the pipeline in place; and
WHEREAS, potential project constraints include topography, the location of existing utilities, public right-of-way and utility easements, geotechnical conditions, and environmental permitting requirements; and
WHEREAS, these constraints will need to be explored through surveys, studies, and investigations; and
WHEREAS, Coastland Civil Engineers has a unique skill set regarding the location and issues the City will face regarding the location and topography of the Keller Beach Sanitary Sewer Line that other firms could not offer; and
WHEREAS, City staff is requesting Council authorize a sole source contract to Coastland Engineering for the Feasibility Study of the Keller Beach Sanitary Sewer Line based on this unique skill set.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond hereby authorizes a sole source contract with Coastland Civil Engineering for the Keller Beach Feasibility Study as presented.
---------------------------

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Attachment 1
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held July 26, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

THOMAS K. BUTT
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 26, 2022.

Pamela Christian, Clerk of the City of Richmond

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Attachment 1
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. XX-XX 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 26th day of July 2022, of which meeting all the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

Such agenda was further posted, and such meeting was conducted in accordance with and pursuant to Executive Order N-29-20, signed by the Governor of the State of California on March 17, 2020, and Executive Order N-35-20, signed by the Governor of the State of California on March 21, 2020.

I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true, and correct copy of the original resolution adopted at said meeting.

Said resolution has not been amended, modified, or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: , 2022.

City Clerk of the City of Richmond
[SEAL]

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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.

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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:

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

By:

By: Title:

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

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For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Mary Phelps

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Scope of Service for the Keller Beach Sanitary Sewer Replacement Project, Phase I

PROJECT BACKGROUND AND UNDERSTANDING
The existing Keller Beach sanitary sewer interceptor pipeline, which serves the Point Richmond community, is located in the tidal zone of San Francisco Bay between the Keller Beach pump station and the Chevron wharf. The City has determined that the 63-year old pipeline is in poor condition and cannot be maintained in its current location due to inadequate access, pipeline structural defects, and the unlikelihood of obtaining the necessary environmental permits to repair or replace the pipeline in place. The City has therefore elected to replace the Keller Beach sanitary sewer in the public right-of-way in the streets of Point Richmond. Until the sanitary sewer is replaced, the City is under a temporarymoratorium for new sewer connectionsto the Keller Beach sanitary sewer.

The most favorable location for a replacement sanitary sewer, due to site topography and the location of the existing sanitary sewer collection system, is in the corridor along Ocean Avenue, Grandview Court, Western Drive, and Cypress Point Road as shown in Figure 1. The new sanitary sewer pipeline is anticipated to be a combination of pump stations, force main and gravity sewer pipelines, approximately 5,800 feet in length, that will connect the existing sanitary sewer collection system to the Keller Beach pump station located near Dornan Drive. Construction methods for new and upsized sewer mains may include traditional open-cut construction, pipe-bursting, pipereaming, and horizontal directional drilling.

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Keller Beach Sanitary Sewer Replacement Project – Phase I, 2022

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Figure 1. Anticipated corridor for the relocated Keller Beach Sanitary Sewer Potential project constraints include topography, the location of existing utilities, public right-ofway and utility easements, geotechnical conditions, and environmental permitting requirements.

These constraints will need to be explored through surveys, studies and investigations.

Subsequently, preliminary alternatives for constructing a new sanitary sewer main in the proposed corridor will be developed in consideration of these site constraints, but will be limited to the available information. These alternatives will be quantitatively and qualitatively compared to identify the most feasible solutions. It is anticipated that additional detailed investigations will be needed in the next phase to further define the most feasible alternatives.

Although service to the majority of properties served by the Keller Beach sewer will be unaffected by the new pipeline’s location, the need for sewer lateral improvements on private property are anticipated for some cliffside homes with low finished floor elevations relative to the street. The feasibility of constructing these private property improvements must also be evaluated.

The Point Richmond community is concerned about potential impacts of the proposed project and will need to remain informed of the project’s purpose and goals, status, and timeline. Public outreach in the form of public informational meetings, fact sheet flyer, and door-to-door communication with property owners will be critical to the project’s success.

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Keller Beach Sanitary Sewer Replacement Project – Phase I, 2022

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The City is also interested in evaluating opportunities for funding the proposed project.

Based on our understanding of the project needs, we offer the following scope of work for a preliminary feasibility assessment.

SCOPE OF WORK
Task 1 – Meetings, Schedule and Project Management
Project communication and coordination will be essential to keeping the City informed and the project progressing efficiently and on schedule. This task will include a kick-off meeting with City staff and the project team to discuss project details, establish project criteria and constraints, and discuss timelines. Additional progress meetings with the City will be conducted monthly or as needed to review submittals. This task assumes an initial kick-off meeting and up to eight progress meetings, all via video-conference. We will also make presentations at up to three (3) council meetings.

A detailed Phase I schedule will be developed for the kick-off meeting and will be updated as the project evolves. A more high-level schedule for the entire project timeline through construction will be developed for public outreach and the City’s use.

Project management will be needed to coordinate the project team and respond to the evolving needs of the City and the project.

Deliverables: Meeting agendas and meeting notes; Phase I detailed schedule; High-level project schedule through construction.

Task 2 – Background Information and Utility Research
Coastland will review all available City information pertaining to the project including as-built drawings, water, sewer and storm drain mapping, monument data, right-of-way information, master plans, previous studies, geotechnical investigations of nearby areas, and any additional pertinent information for the project.

We will coordinate with outside utility companies to ensure that existing facilities, both underground and overhead, are properly identified. We will prepare and send letters to PG&E, EBMUD, Xfinity and AT&T informing them of the project and requesting their facility drawings.

Deliverables: None
Task 3 – Public Outreach
J Majors & Associates LLC (JMA) will provide public outreach services to the Point Richmond community, including preparation of an informational fact sheet flyer, door to door flyer distribution, gathering of contact information (where available), and organizing and facilitation of up to (3) public information meetings with the local neighborhood community council group.

Coastland will prepare a PowerPoint presentation for the public informational meeting and make the presentations.

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JMA will also prepare 5-8 right-of-entry forms and obtain signatures for the purpose of obtaining access for the private sewer lateral feasibility cost estimate as described in Task 8.

Deliverable: PowerPoint presentation; Informational fact sheet flyer, Point Richmond contact information (at the City’s request)
Task 4 – Topographic Survey and Base Map Preparation
Kister, Savio and Rei, Inc. will perform a detailed topographic survey of the streets within the proposed sanitary sewer corridor, extending to five feet beyond the edge of pavement on either side of the street, and including all public and private improvements within that envelope. The survey will include rim and invert elevations of all sanitary sewer and storm drain structures and culverts.

Coastland will prepare base mapping using the topographic survey and utility mapping. Coastland will conduct a field visit to verify the base mapping and correct any omissions or conflicts between utility mapping and the topographic survey.

Deliverable: Basemapping of proposed feasibility corridorin AutoCAD Civil3D format and PDF format (at the City’s request).

Task 5 – GeotechnicalInvestigation
Cal Engineering & Geology will perform a geotechnical investigation of the proposed sanitary sewer main corridor. Their proposed scope will include:
▪ Review of available geologic and soils mapping, and groundwater elevation data ▪ Site reconnaissance, locate exploration locations, mark sites for utilities ▪ Prepare encroachment permit applications and drilling permits ▪ Geotechnical investigations including drilling and sampling of up to ten (10) exploratory borings along the alignment (up to three days of drilling), and logging of borings ▪ Laboratory testing to determine engineering properties including moisture content, dry unit weight, sieve analysis, Atterberg Limits, and the Caltrans corrosion testing suite. ▪ Preparation of report including summary of conditions, evaluation for settlement, buoyancy, temporary shoring/excavation, corrosion, and bedrock rippability. Geotechnical design recommendations will also include construction considerations for open-cut pipeline construction, horizontal directional drilling and pipe-bursting.

Deliverable: Geotechnical report presenting findings of investigation and recommendations Task 6 – Environmental Compliance and Permit Scoping
NCE will conduct biological, cultural and paleontological investigations to evaluate CEQA compliance concerns and prepare preliminary scoping of permit requirements and additional investigations to be performed for the range of preliminary alternatives.

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Task 6.1 – Biological Resources Technical Memorandum
NCE will conduct a desktop biological study of the proposed project area (including the project area where the new sewer line would be installed and the existing offshore pipe alignment) using Google Earth overhead photos to review the areasfor potential wildlife habitat, wetlands, and streams. NCE will conduct a query and search of the California Natural Diversity Data Base, the U.S. Fish and Wildlife Service’s Online Inventory of Threatened and Endangered Species, and the California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California to determine what sensitive animal, fish, and plant species potentially occur within the project area. NCE will also conduct a query of the U.S. Fish and Wildlife Service’s National Wetland Inventory to identify potential streams and wetland within the project area. After completion of this desktop study, NCE will conduct a field visit to the project area to ground check specific areas of interest determined during the desktop study. These areas of interest would include potential streams and wetland areas, known occurrences of special-status species, and areas of natural vegetation that could provide habitat for special status species. NCE will prepare a Draft Biological Resources technical memo during this task illustrating the findings of our study. Notes and data will be collected during this task and will be incorporated into the assessment of permit requirements and constraints document during Task 8.

Task 6.2 – Cultural Resources Technical Memorandum
Archival Research
At this preliminary stage of the project, it is understood that project elements are not well defined.

As such, it is not yet appropriate to develop an Area of Potential Effect (APE). Generally, this is the first task in a cultural resources study used to frame subsequent tasks. Instead, a more coarsely defined project area will be used.

Archival research will begin concurrently with initiation of Tribe outreach (see Task 3b). NCE will submit a records request to the Northwest Information Center (NWIC). Records will be requested within one-quarter mile of the maximum potential project area defined in Task 1. Additional archival sources (e.g., GLO plat maps, historic USGS maps, county, and state maps) will be examined as appropriate. A non-expedited recordssearch typically takes 30 days to process once the request has been received. The cost estimate associated with the records search for this large project area is $3,700; however, this estimate can vary greatly depending on the number of resources identified in the quarter mile search area. As such, a change order may be requested if the records search cost exceeds $3,700 or the results need to be expedited for a 50% surcharge.

In addition, preliminary research indicates most homes in the vicinity of the project area are historicaged (greater than 45 years old). The results of archival research will present a table and map identifying all historic-aged buildings within the study area.

Preliminary Tribe Outreach
Although Native American consultation is not a requirement at this preliminary stage of the project, NCE recommends doing so to involve Tribes early on during the planning stage to ensure any concerns are addressed and considered for future project phasing.

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NCE will prepare and submit a letter to the Native American Heritage Commission (NAHC), requesting a search of their Sacred Lands File (SLF) and contact information for interested tribes.

Upon receipt of the NAHC contact list, NCE will prepare a letter for City to send each identified tribe representative on City letterhead requesting information regarding the project area. If interested Tribes provide a response, contact information will be noted and follow-up correspondence will inform them that they will be contacted during the next phase of the project when project elements are better understood.

Cultural Resources Technical Memo
Following the completion of archival research NCE will prepare a draft cultural resources technical memo summarizing the results, provide an update of Tribe coordination to date, and outline potential archaeological and architectural resource impacts.

The draft memo will be submitted to Coastland for review within 15 days working of receiving records search information from the NWIC, subconsultant findings, and completing archival research. The background data collection and analysis will be prepared in a format that may ultimately be integrated into a Cultural Resources Inventory Report consistent with requirements of Section 106 of the National Historic Preservation Act.

Task 6.3 – Paleontological Technical Memo
NCE’s subconsultant Material Culture Consulting (MCC) will provide Paleontological services for purposes of this project. MCC will perform the research necessary to determine the paleontological and geological context of the project area, including a paleontological records search at the University of California Museum of Paleontology and desktop reviews of available published geologic maps, scientific literature, and online paleontological databases. The project study area will include the project area as defined in Task 1 and a ½-mile buffer to allow for refinements during final project design.

The background research will be used to determine the paleontological potential of the geologic units within the project area, including those that may be encountered in the subsurface. The paleontological potential will be assigned using the federal Potential Fossil Yield Classification system. The project area will be mapped onto the highest resolution geologic maps available and overlain with the paleontological potential rankings for ease of reference. A paleontological field survey is not included in the current scope of work but may be recommended based on the results of the desktop review.

The results of the paleontological study will be compiled in a technical memo and will include detailed recommendations for further paleontological tasks, if any.

Task 6.4 – Abbreviated Initial Study (AIS)
To identify potential project effects and develop a baseline for the project CEQA analysis, NCE will prepare an abbreviated initial study based on the current CEQA Appendix G checklist format NCE has developed for Richmond projects. The AIS will include the description of the proposed project area and range of potential project alternatives under consideration, a description of the existing environmental setting, and a brief analysis of the potential environmental considerations related to

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the construction and operation of the range of alternatives for each CEQA topic. This analysis will be used to identify the potential level of required CEQA review and associated costs for each alternative assessed in the Feasibility Analysis.

Task 6.5 – Assessment of Potential Permit Requirements
After completion of the desktop studies for resources within the project area, NCE will assess the potential permitting requirements and considerations for the range of alternatives. Potential environmental permits that may be required for the project could include, but is not limited to:
▪ San Francisco Bay Conservation and Development Commission permit ▪ U.S. Army Corps of Engineers Section 404 permit and Section 10 ▪ San Francisco Bay Regional Water Quality Board Section 401 permit ▪ CDFW Streambed Alteration Agreement
▪ CDFW, USFWS, and NOAA Fisheries Incidental Take Permits if existing infrastructure in San Pablo Bay must be removed
NCE will assess the potential environmental permitting required for the range of alternatives and detail the documentation requirements for each. The document will also describe the potential timelines for obtaining environmental permits and will provide potential costs for securing such permits.

NCE will consolidate the memos developed in Tasks 6.2 through 6.5 and prepare a Summary Memorandum that describes the opportunities and constraints identified in the project area. The memo will include the technical memos and AIS as attachments. This information is expected to provide the information Coastland needs to support development of the project alternatives for the Feasibility Analysis.

Task 6.6 – Assessment of Project Alternatives
NCE will consult with Coastland during the development of project alternatives to provide guidance on environmental issues pertaining to specific areas of the routes. In particular, NCE will utilize data collected during Tasks 6.1-6.3 to inform Coastland on where potential environmental issues may arise based on the placement of the alternatives.

Once Coastland has developed project alternatives, NCE will prepare a technical memo summarizing the alternatives, the opportunities and constraints of each, the potential required permits and environmental documentation for each, and identify the preferred environmental alternative using data obtained in Tasks 6.1-6.3. The document will also describe the potential timelines for obtaining environmental permits and CEQA documentation for the alternatives and will provide potential costs for securing such permits and conducting CEQA. NCE will provide an electronic copy of the Draft memo to Coastland for review. NCE will obtain, review, and integrate appropriate comments submitted by Coastland, and will then revise the environmental assessment memo for inclusion in Coastland’s Feasibility Analysis.

Deliverables: Biological Resources Technical Memorandum, Cultural Resources Technical Memorandum, Paleontological Technical Memorandum, Abbreviated Initial Study, Summary Memorandum, Draft and Final Project Alternatives Assessment Memo

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Keller Beach Sanitary Sewer Replacement Project – Phase I, 2022

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Task 7 – Sanitary Sewer Main Feasibility
Coastland will develop up to three alternativesfor the new sewer main within the proposed corridor with combinations of pump stations, force mains and gravity sewers that meet project criteria.

These alternatives will be based on findings from the site survey, geotechnical investigations, and environmental compliance and permit scoping. These alternatives will be presented in plan/profile exhibits.

Quantitative and qualitative comparisons of alternatives and order of magnitude cost estimates will be presented in a technical memorandum.

Tasks not included in this proposal, but which may be needed for the next phase include potholing for utilities, additional geotechnical investigations, utility relocation feasibility assessment, right-ofway and/or utility easement research, procurement of utility easements, CCTV inspection of existing sewer and storm drains, and/or additional survey.

Task 8 – Private Sewer Lateral Feasibility
Private sewer lateral improvements are expected to be needed at some cliffside properties where the house is low relative to the street. Properties with sewer laterals that cannot flow by gravity to the new sewer main will need to be provided an injector pump system which consists of a holding tank, sewage pump and force main. Other cliffside properties may need only a backwater valve if they have plumbing fixtureslowerthan the rim elevation of the upstream manhole of the new sewer main.

In this task, Coastland will prepare two City Standard Details for an injector pump system and backwater valve with a list of approved materials for inclusion in the City’s Standard Plans. This task includes up to two revisions of each detail and materials list. City to provide the standard detail title block in AutoCAD format.

This task also includes preparing typical cost estimates for the installation of an injector pump system on up to three Point Richmond residences that represent a range of difficulty. Plumbing contractor(s) will be hired to develop an itemized bid with a sketch for implementing each system.

These cost estimates will be provided to the City to evaluate potential cost-shares to be offered property owners who must install these systems. Public outreach will be required to prepare 3-4 right-of-entry letters and coordinate with property ownersfor signature and site access.

Tasks not included in this proposal, but which may be needed for the next phase include a GPS survey of finished floor and/or sewer lateral elevations of residences that may need one or both of these sewer lateral improvements. This effort will require the preparation of 72 right-of-entry letters and coordination with property owners for signature.

Deliverables: City Standard Details for an Injector Pump System and Backwater Valve in AutoCAD and PDF formats; and Estimates of the Costs of Construction for Installation of an Injector Pump System for up to three Point Richmond residences

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different funding sources, as well as the project timelines, environmental documentation requirements, and other requirements.

The technical memorandum will include the most common funding sources used to finance sewer infrastructure projects including:
▪ USDA Rural Development Loans/Grants
▪ State Revolving Fund Clean Water Program
▪ Infrastructure Bank (I-Bank)
▪ Private funding (Bank)
▪ Special Assessment Districts
This task includes the preparation of a draft technical memorandum for the City’s review, and a final draft.

Deliverable: Draft and Final Technical Memorandum of Funding Options for Sewer Infrastructure Projects
Not Included
The following tasks are not included in this scope of work:
▪ Right-of-way or boundary survey
▪ GPS Survey of cliffside property (as described in Task 8) ▪ Hydraulic Modeling
▪ Preparation of construction drawings or specifications ▪ Preparation of permits
Project Schedule
We are prepared to start work on this project upon authorization.

Estimated Cost
Based on our scope of work, we are proposing that the services associated with this project be completed for a not-to-exceed amount of $445,360. The amount quoted is assuming that all work for this project falls under the scope of work as previously described. If additional work is necessary that falls outside of this scope of work, we can either re-negotiate a new scope of work or provide these services on a time and materials basis per our adopted schedule of hourly rates.

Please note that in the not-to-exceed amount, we have included an estimated amount of $5,000 for reimbursable expenses (i.e. printing, plotting, etc.). These reimbursable costs will be billed at cost plus 15%.

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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 THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor 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 after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

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For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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:

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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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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.

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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:

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General Conditions/EJ/TE 01-19-11 6 of 13

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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.

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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.

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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.

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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General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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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General Conditions/EJ/TE 01-19-11 11 of 13

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.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

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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.

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.

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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):

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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, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the 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,

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modify, make derivative works of, use, sell, 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, recordation, 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.

Notwithstanding the foregoing or any other provision of this Contract, City shall have no ownership of standard details, systems and specifications developed and used by Contractor (“Standard Details) which shall remain the property of Contractor and may be used with other projects. City shall have a license to use such Standard Details for the project which is the subject of this Agreement. City’s rights in and Contractor’s obligations with respect to all information and materials as referred to in Sections 3and 5 are conditioned on Contractor’s receipt of all undisputed amounts due to it under this Agreement.

Contractor shall have no liability for the use of any such information and materials on any project other than the project which is the subject of this Agreement or modifications made to such information and materials without its consent.

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

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States Government. Notwithstanding any other provision of this Contract, City shall have no rights of audit or to review financial books and records relating to fixed fee services.

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. Notwithstanding any other provision of this Contract, whenever the Contract calls for approval or acceptance of services or any other determination, it shall mean that the City is required to act reasonably in accordance with the terms of this Contract in providing such approval, acceptance or determination. 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.

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.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete, and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

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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.

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.

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:

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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.

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 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, and 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 consistent with the Standard of Care defined in Section 39. 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 expressly disclaims all express or implied warranties and guarantees with respect to the performance of professional services.

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business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders.

Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City.

Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

13.Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including reasonable 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

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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(provided that defense shall only be provided to the extent covered by general liability insurance required by this Contract) and indemnify the City, its officers, agents, employees, and volunteers from and against any and all third party claims, and the resulting damages, losses, and expenses including reasonable attorneys’ fees arising out of, or pertaining to, or relating to the extent caused by 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 third-party claims, and the resulting 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 to the extent of Contractor’s obligation of indemnity as stated above. Contractor’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party but only to the extent provided in the first sentence of this Section 15 (a). 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, (provided that defense shall only be provided to the extent covered by general liability insurance required by this Contract), and hold harmless the City, its officers, agents, employees and volunteers from any and all third party 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 to the extent caused by the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability due to negligence, or defects in design due to a failure to exercise the Standard of Care by Contractor or any person directly or indirectly employed by, or

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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 to the extent provided above. Contractor shall be obligated to defend to the extent provided above, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers subject also to approval by any insurer providing defense, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party.
d) the review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve, or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section 15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16.Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state, and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements and shall assume sole and complete responsibility for the safety of Contractor's employees and any subcontractor’s employees. If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17.Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

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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.

Notwithstanding the foregoing or any other provision of this Contract, with respect to the performance of professional services, Contractor’s obligation is to exercise the Standard of Care to comply with laws and regulations specifically applicable to the performance of such services.

20.Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide

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under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership, or joint venture.

21.Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22.Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23.Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24.Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other Contractors in connection with the project.

25.Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable), or any corresponding responsibilities of City,

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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 Cardinal Importance. Time is of the essence cardinal importance 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 reasonable 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.

Contractor’s confidentiality obligations hereunder will not apply to information in the public domain or information lawfully acquired from others on a nonconfidential basis.

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

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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 (meaning goods and materials, not services) shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable, and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35.Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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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.

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 under the same or similar circumstances (the ”Standard of Care”), and shall be responsible for the professional quality, technical accuracy, and coordination of the services it performs under this Contract consistent with the Standard of Care.. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

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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.

41.Limitation of Liability. Notwithstanding any other provision of this Contract, to the fullest extent permitted by law, the total liability, in the aggregate, of Contractor and its officers, directors, partners, employees, agents, and subconsultants, to City, and anyone claiming through or under City, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this project or Contract, from any cause or causes, including but not limited to tort (including negligence and professional errors and omissions), strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by Contractor or $100,000, whichever is greater.

40.42. Mutual Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement, Contractor and City waive all consequential or special damages, including, but not limited to, loss of use, profits, revenue, business opportunity, or production, for claims, disputes, or other matters arising out of or relating to the Contract or the services provided by Contractor, regardless of whether such claim or dispute is based upon breach of contract, willful misconduct or negligent act or omission of either of them or their employees, agents, subconsultants, or other legal theory, even if the affected party has knowledge of the possibility of such damages. This mutual waiver shall survive termination or completion of this Contract.

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For the Contract between the City of
Richmond and

EXHIBIT F

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, 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) including coverage for bodily and personal injury, property damage, and products and completed operations.

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) 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 and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) 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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
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.

Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to 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. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
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 coverages 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 nonrenewed, 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.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
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 Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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Santa Rosa | Auburn | Pleasant Hill | Fairfield
www.coastlandcivil.com
Date: January 3, 2022
To: Andre Jadkowski, P.E., NCE
From: Jenny Melman, P.E.,
NASSCO PACP Cert. U-0819-70306761
Subject: City of Richmond
Keller Beach Sanitary Sewer CCTV Review
and Assessment Report
At the City’s request, Coastland has reviewed CCTV video of the Keller Beach Sanitary Sewer and conducted an assessment of observed pipe conditions. The CCTV video, dated 3/22/2021 – 8/16/2021, was provided by the City of Richmond’s Contractor, Bayhawk, Inc., and Subcontractor Express Sewer on August 17, 2021. This report presents our findings. Based on these findings and our understanding of site conditions, we also offer preliminary recommendations for a full pipe replacement in a new alignment outside of the bay.

BACKGROUND
Keller Beach Sanitary Sewer
The Keller Beach sanitary sewer, as shown in City of Richmond Line ‘Q’ Shoreline Interceptor asbuilts, consists of 5,392 linear feet of 8- to 12-inch concrete-encased cast iron pipe. The pipeline, constructed in 1959, is located off Keller Beach in the San Francisco Bay and is submerged during average tides. The location of the sewer is indicated by a red line in the image below and extends from sanitary sewer manhole MH Q-1 (adjacent to the Keller Beach sanitary sewer pump station) to sanitary sewer manhole MH Q-25. See Appendix A for an exhibit of sewer main locations and manhole numbering.

EXHIBIT A

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Access to the sanitary sewer pipeline for maintenance or repair is extremely difficult because the manholes are submerged during high tides, and vehicles cannot get within fifty feet of the pipeline due to the cliffs and private property. Access for foot traffic is also limited to public beach access and through private properties.

Existing Facilities
According to the 1959 Shoreline Interceptor as-builts, the Keller Beach sanitary sewer pipe is shown to be cast iron pipe encased in concrete. The Class-B concrete encasement is shown with a typical outer dimension of D+12 inches, where D = pipe diameter.

The sanitary sewer is shallowly buried on the beach in sand (per as-builts, most segments have 2-4 feet of cover). Some segments of the concrete-encased sewer are exposed on the beach.

Some manholes were buried at the time of inspection, indicating sand elevations and depth of cover have shifted and varied over time.

Based on the as-builts of the twenty-five (25) sewer structures located within this Shoreline Interceptor pipeline, seventeen (17) are manholes and eight (8) are cleanouts, which the as-builts show to be tees with a plug. There are fifteen (15) bends (fittings) in the sewer main between manhole structures, eight (8) of which are greater than 30 degrees. Four (4) of these bends are greater than 45 degrees.

According to the as-builts, at the time of construction there were the following connections to the Keller Beach Sanitary Sewer: twenty-two (22) sewer laterals, twenty-nine (29) capped tees (future lateral connection points), a 12-inch branch sewer entering at MH Q-9, and two 8-inch branch sewers entering at Hartnett Street (MH Q-15) and at Marine Street (MH Q-19).

OBSERVATIONS OF SEWER MAIN PRIOR TO CLEANING
Express Sewer provided the following general observations of pipe conditions prior to cleaning.  Severe internal pipe corrosion was observed throughout the pipeline length. Water jetting was insufficient to remove the corrosion and clean the pipe. Express Sewer used a chain flail to descale the pipes, which was effective to descale the upper sections of pipeline (MH Q-17 to MH Q-25), but was less effective for the downstream sections (MH Q-1 to MH Q-17).
 Pipes Full of Water: The pipeline wouldn’t drain when plugged upstream and was holding full of water through most of its length. Standing water appeared to be caused by pipeline sags, the presence of heavy corrosion and deposits that obstructed flows, and possibly infiltration. Standing water was removed during pipe inspections by operating a hydronozzle in the downstream direction in advance of the camera.  Sand Deposits: Much of the pipeline was observed to have substantial sand deposits.

Several pipe segments, particularly between MH Q-14 and MH Q-16, were essentially choked full of sand. Considerable effort was required to remove sand and clean the pipe prior to performing a video inspection. Some segments of pipe refilled with sand within the two-week period between the time of cleaning and the next suitable tide condition when crews returned to complete the video inspection, and needed to be cleaned again. The presence of sand in the sewer main is evidence of the presence of holes or defects in the upstream collection system (either the sewer main, laterals, manholes or cleanouts).

Another contributing source of sand and I&I was MH Q-14 which was discovered to have no manhole cover (the manhole cover has since been replaced).

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 Defective Laterals: Several laterals were observable from the beach, either encased in concrete or as exposed cast iron pipe. Some of these laterals have visible breaks or other defects. Broken and defective laterals are considered to be major sources of sand and infiltration in the sewer main s well as possible spills on the bluff and beach. Express Sewer observed pieces of small diameter pipe (broken lateral pipe) in the sewer main, which is further evidence of the presence of defective laterals upstream. We understand that the City is in the process of inspecting and making repairs of these laterals.  Limited Maintenance Access: The cleanout structures (capped tee fittings described as lampholes in Appendix A, Sewer Express Notes) were too small to allow for use of the preferred cleaning and CCTV inspection equipment. The tighter bends in the pipe also limited camera access.
 Buried Manholes: At the time of inspection, MH Q-4 and MH Q-5 were buried. They were uncovered and extended to the surface with ABS pipe for the purpose of the inspection efforts.
 Work Hours Limited due to Tide Constraints: Cleaning and CCTV inspection work periods were limited to 3-4 hours during negative/low tide conditions. This necessarily resulted in video inspections being rushed.

SEWER CLEANING
Express Sewer conducted pipe cleaning prior to CCTV inspection of the Keller Beach Sanitary Sewer. Prior to cleaning, most segments were impassable to camera equipment due to high levels of sand and deposits and tuberculated pipe corrosion.

Extensive pipe cleaning was conducted, including high-pressure water jetting with a hydronozzle, chain flailing to break off (descale) corroded tubercules, and removal of sand and deposits.

According to Express Sewer, pipe cleaning took many hours for most segments due to the high levels of accumulated sand and deposits (particularly near MHs Q-9, Q-14 and Q-15) and/or pipe corrosion that was resistant to descaling.

Figure 1. View of Keller Beach sewer pipe prior to cleaning. Hydro nozzle is in use. Chain flail is in view.

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CCTV INSPECTION
At the time of Coastland’s review of the CCTV videos, Express Sewer’s CCTV inspections had been conducted between MH Q-1 and MH Q-9, and between MH Q-13 and MH Q-25. No inspections have yet been conducted of the 1,144 feet of sanitary sewer between MH Q-9 and MH Q-13.

Express Sewer prepared an exhibit of sewer video locations and a spreadsheet with inspection notes (attached as Appendix A). The exhibit and spreadsheet have color coding for each sewer segment indicating various inspection results. Green colored segments indicate segments where the video captured clear visual images of the pipe interior. Yellow colored sewer segments indicate partial or limited visual images of the pipe interior. CCTV inspection of the remaining sewer segments (red-colored in spreadsheet, not colored on exhibit) did not obtain a clear visual image of the pipe or video inspection was not completed.

The CCTV video inspections conducted to date consist of 4,221 feet of pipe (out of the 5,392 linear feet of sewer per the as-builts). According to Sewer Express, the videos had the following characteristics:
 2,735 feet of clear visual inspection (green coded)
 1,108 feet of limited clear visual inspection (yellow coded)  379 feet of incomplete or not completed video (red coded) Eight of the videos were incomplete. Five of the incomplete videos recorded inspections for less than 50% of the pipe length. Three of the incomplete videos did not have distances measured so their lengths are unknown. Incomplete videos were generally caused by pipe obstructions, impassable bends, poor access which prevented the inspectors from using the equipment needed to drawdown the water level in the pipe, or for unknown reasons.

REVIEW OF CCTV INSPECTION
Coastland reviewed CCTV videos and prepared inspection reports for each segment as discussed in the section above. All comments are based on NASSCO PACP standards and guidelines. The CCTV inspection reports are attached as Appendix B. A summary table of CCTV inspection observations is included as Table 1.

CONDITIONS ASSESSMENT
Our assessment of pipe conditions was limited to the portions of the pipe that were observable on the inspection video. Most of the CCTV inspection videos are of poor quality in terms of presenting a complete view of wall conditions throughout the entire length of pipe. The CCTV inspections were conducted under extremely difficult site limitations and time restraints (due to tide) so the resulting poor video quality is expected and understandable. Several inspections were incomplete due to obstructions or camera being underwater. Other inspections were blurry or shaky and taken at high speed. Often there were significant periods where the camera was underwater (with zero visibility) or the camera was pointed at the soffit and only portions of the pipe were visible.

A general assessment of pipe deficiencies are summarized below.

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Interior Pipe Wall Conditions
According to Express Sewer, the entire reach of Keller Beach sanitary sewer was extremely corroded prior to cleaning. As shown in the post-cleaning images below, the upstream reach of pipe (MH Q-17 to MH Q-25) was generally descaled, while further downstream (MH Q-1 to MHQ17) extensive turberculation and wall roughness remains.

MH Q-1 to MH Q-2 MH Q-2 to MH Q-3
MH Q-3 to MH Q-4 MH Q-4 to MH Q-5
MH Q-5 to CO Q-6 CO Q-6 to CO Q-8
(MH Q-7 was not constructed)

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CO Q-8 to MH Q-9
No CCTV provided between
MH Q-9 and MH Q-13
MH Q-13 to MH Q-14 MH Q-14 to MH Q-15
MH Q-15 to CO Q-16 CO Q-16 to MH Q-17
MH Q-17 to CO Q-18 CO Q-18 to MH Q-19

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MH Q-19 to CO Q-20 CO Q-20 to CO Q-22
CO Q-22 to CO Q-24
(blurry – poor visual)
CO Q-24 to MH Q-25
No holes or cracks were observed in any segment (that was visible) of the Keller Beach sanitary sewer main, though the pipe walls show extensive evidence of pipe corrosion. Corrosion of the pipe walls (with a decrease of the pipe’s structural integrity) has resulted over time due to the presence of corrosive hydrogen sulfide gas, a natural sewer gas, in the unlined pipe. The presence of extensive sags and pipe obstructions further exacerbate the problem by causing organic solids to settle and increases localized hydrogen sulfide gas production in the pipe.

Corrosion will continue to deteriorate the pipe’s structural integrity as long as the pipe remains exposed to sewage gases.

Sags in Pipe Profile
In the Keller Beach sanitary sewer, most segments were observed to remain full of water after cleaning, even after the upstream flow has been plugged. Non-draining gravity pipes are generally caused by sags in the pipe profile or obstructions/pipe roughness. All of these conditions are present in the Keller Beach sanitary sewer to varying degrees.

When water levels are high enough for the camera to be submerged underwater, that is generally an indication of a severe sag in the pipe. Moderate to severe sags were present in twelve (12) of the seventeen (17) inspected pipe segments.

Sags in the pipe profile have likely resulted from inconsistent pipe support from the subgrade due to shifting sand under and around the pipe. Sags are expected to worsen as the pipe’s structural integrity weakens.

Broken Laterals and Missing MH cover
Prior to cleaning, several segments of the pipe were choked with sand, which is evidence of breaks in the collection system, which allows inflow of seawater and sand into the sewer collection

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system. Some segments reportably refilled with sand in two weeks, suggesting the defects are extensive. Recent inspection by Bayhawk of sewer laterals on the beach has shown evidence of cracks and breaks. The City is currently undergoing the assessment and repair of these laterals which should significantly reduce the inflow of seawater and sand into Keller Beach sanitary sewer.

CONCLUSIONS
Coastland draws the following conclusions based on our CCTV assessment and understanding of the site conditions.

Poor Pipe Conditions
The Keller Beach sanitary sewer has been in service for approximately 62 years and has reached the end of its useful design life. The pipe that is visible and CCTV inspected is highly corroded and the remaining wall thickness and structural strength is unknown, but clearly compromised.

The sewer main has been partially descaled but remains weakened and increasingly prone to cracks and breaks. The pipe’s profile has extensive sags, and will continue to sag and adjust due to its location in the surf zone under the force of shifting sand and wave action. Laterals are in poor condition with known and suspected defects which the City/Homeowners are obligated to correct.

Poor Access Conditions
Access is poor to the Keller Beach Sewer which makes repair and maintenance difficult and expensive. Access issues include:
 Lack of vehicle access to the sewer main on the beach.  Limited foot traffic access due to private property and cliffs.  Work periods that are restricted to negative/low tide conditions (often 3-4 hours). The sewer pipe is underwater and inaccessible during normal tide conditions.  Lack of manholes at sharp bends in the sewer alignment. Bends greater than 30 degrees can block equipment access for maintenance and inspection.  Cleanout structures are too small to allow equipment access for maintenance and inspection.
 Manhole lids are corroded shut and must be replaced whenever they are opened.  Beach access is slippery and creates a hazardous work condition.

High Risk of Environmental Impacts in the Event of Pipe Failure Due to the sewer main’s location in the bay, a pipe failure would cause significant and unavoidable environmental impacts.

Environmental Permitting
Environmental permits will most likely be required for improvements to the sanitary sewer system and may be very difficult to obtain.

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RECOMMENDATIONS
Coastland recommends that the City take immediate action to address the following deficiencies in the Keller Beach Sanitary Sewer:
 Poor conditions of the sewer main pipe, access points, and laterals;  Poor access conditions for repair and maintenance; and  High risks and costly environmental impacts in the event of a pipe failure.

For the City’s consideration, Coastland offers two options for making the needed improvements:
repair of the existing system in place, and replacing the sewer main in a new location.

Option 1: Repair of the Existing Sewer Main
The preferred method of repairing the sewer main in place would be Cured-in-Place Pipe (CIPP) lining, which is a completely trenchless repair method which involves a heat or UV-cured resinimpregnated “sock” liner that can be installed through manholes. Express Sewer, a CIPP contractor, evaluated the possibility of CIPP-lining the sewer main and considered the project doable but expensive. The following tasks would likely be required:
 Repair the sewer laterals that are causing the sewer main to fill with sand (in progress).

Sewer laterals that are broken or crushed will need to be replaced and reconnected to the sewer main.
 Descale the pipe walls of the lower portion of the sewer main and remaining pipe segments not yet cleaned or CCTV inspected using robotic equipment to remove tuberculation and roughness. It should be verified that descaling can be done to the degree that CIPP lining can be applied.
 Install manholes at tight bends and as needed for equipment access. This task would require open cut excavation and a system to dewater/dam the excavation area.

Environmental permitting may not allow for open cut excavation in the bay.  CIPP-line the sewer mains.
 CIPP-line the sewer laterals (if possible) and seal the lateral/main connection with a tophat.

The benefits of CIPP-lining the sewer main would be to prevent further corrosion and extend the design life of the sewer main. The CIPP-liner would provide some minimal structural wall strength, but would not fully recover the lost pipe strength and ductility which is unknown.

Additional assessment of the existing cast iron pipe thickness and strength would be needed to evaluate whether the CIPP-lined sanitary sewer main would provide sufficient strength to withstand site conditions. The extended design life of the CIPP-lined pipe is difficult to predict.

The drawbacks of the CIPP liner option are that the repair:
 Does not provide a full new construction design life to the sewer main facilities,  Does not correct sags, and the pipe profile will continue to adjust and degrade,  Does not address the poor maintenance access, and
 Does not address the high-risk and cost of sanitary sewer overflows into the bay in the event of a pipe break,

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 Is an extremely costly repair.
 Environmental permits will most likely be required for improvements to the sanitary sewer system and may be very difficult to obtain.

Option 2: Replacement of the Keller Beach Sewer in a New Location The replacement of the Keller Beach Sewer in a new location would involve the following tasks:
 Conceptual design of lift stations and alignment options,  Alternative Analysis,
 Survey,
 Land or Easement Acquisition,
 Detailed Design,
 Permitting,
 Funding Acquisition,
 Construction of new sewer main and lift stations/Abandonment or removal of existing facilities, and
 Installation of residential lift stations in houses below the proposed sewer main.

The benefits of this option is that it is capable of addressing all the deficiencies of the existing Keller Beach Sanitary Sewer, and providing a full design life for the new facilities.

The major drawbacks of the sanitary sewer main replacement options are that it:
 Is an extremely costly project,
 Would take years to implement, and
 Would need numerous Homeowners’ participation.

Coastland’s preliminary assessment is that Option 1: CIPP-lining the Keller Beach sewer main may be constructable with additional study (additional CCTV, descaling and pipe material thickness study), but is an expensive repair that does not sufficiently address the deficiencies of the system to render it a cost-effective solution. In addition, environmental permits will most likely be required for improvements to the sanitary sewer system and may be very difficult to obtain. Option 2: Replacement of the Keller Beach Sewer is an expensive solution but it addresses all the system deficiencies. Coastland considers the high cost of replacement to be a necessary expense to avoid the high risk of pipe failure due to aged sanitary sewer system that is difficult to maintain.

Coastland advises the City to conduct its own assessment and take immediate action to address the Keller Beach sanitary sewer deficiencies.

In the short term, Coastland supports the City’s in-progress efforts to CCTV inspect and repair or replace the sewer laterals connecting to the Keller Beach Sanitary Sewer.

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11/17/2021 3:52 PM Page 1 of 3
Coastland/NCE/City of Richmond
Keller Beach Sewer CCTV Assessment
Table 1. Summary Table of CCTV Inspection Observations
Downstream
MH
Upstream
MH
Direction
of Survey
Pipe
Length
Inspection
Length
% of Pipe
Inspected
Pipe
Size (in)
Pipe
Material Interior Pipe Wall Condition Water Level Conditionduring Inspection Pipe Features Observed General Inspection Notes MH Q-1 MH Q-2 DS 393 153 39% 12 CI
Severe roughness remains after
descaling efforts, especially on
top half of pipe.

Pipe holding full of water; Water
surface pulled down by
hydronozzle, even so pipe was
typically 20-50% full; Moderate
to severe sags
Start at MH Q-2;
Did not reach MH Q-1;
No laterals observed
Distance indicated on camera was
not accurate; Forward progress in
camera stopped due to obstruction
MH Q-2 MH Q-3 DS 139 139 100% 12 CI
Severe roughness remains after
descaling efforts, especially on
top half of pipe.

Pipe holding full of water; Water
surface pulled down by
hydronozzle, even so pipe was
typically 20-50% full; Moderate
to severe sags
Start at MH Q-3;
Inspection ended at MH Q-2;
No laterals
Complete inspection
MH Q-3 MH Q-4 DS 242 242 100% 12 CI
Severe roughness remains after
descaling efforts, especially on
top half of pipe.

Pipe holding full of water; Water
surface pulled down by
hydronozzle. Water level
5-10% during inspection
Start at MH Q-4;
Inspection ended at MH Q-3;
2 laterals observed
Complete inspection
MH Q-4 MH Q-5 DS 219 Unknown Unknown 12 CI
Severe roughness remains after
descaling efforts. Infiltration
runner observed (at 21:20
minutes)
Pipe holding full of water; Water
surface pulled down by
hydronozzle. Water level
5-10% during inspection
Start at MH Q-5;
Did not reach MH Q-4;
No laterals observed
Distance indicated on camera was
not accurate; Camera stopped due
to unknown impediment
MH Q-4 MH Q-5 US 219 96 44% 12 CI
Severe roughness remains after
descaling efforts, especially top
half of pipe.

Pipe holding full of water; Water
surface pulled down by
hydronozzle, even so pipe was
typically 5-40% full; Moderate
sags
Start at MH Q-4;
Did not reach MH Q-5;
6" sewer connected at
MH Q-4
Distance indicator working;
Inspection abandoned by debris in
pipe.

MH Q-5 CO Q-6
DS
(reverse) 305 291 95% 12 CI
Significant/Severe roughness
remains after descaling efforts.

Pipe holding almost full of water;
Camera underwater; Severe sags
Start at CO Q-6;
Did not reach MH Q-5;
No laterals observed
Inspected in reverse. Distance
indicator not working. Poor visual -
view obscured by pull-rope. No
survey from CO-6 for 14.3'.

Inspection abandoned at sharp 30-
degree bend.

CO Q-6
CO Q-8
(MH Q-7
was not
constructed)
DS
(reverse) 357 Unknown Unknown 12 CI
Unknown: Pipe wall visible for
only 11 seconds of video. Severe
roughness remains after
descaling efforts.

Pipe full of water during survey:

Camera underwater; Severe sags
Start at CO Q-8;
Did not reach CO Q-6;
No laterals observed
Pull back with push camera;
Unusable footage due to equipment
limitations because of poor access;
Only visual was 11 seconds on
partial pipe wall (16:08 - 16:19)
CO Q-8 MH Q-9 DS 182 21.7 12% 12 CI
Significant/Severe roughness
remains after descaling efforts.

Only 22' of pipe was observed.

Inspectors unable to plug off
flows for TV inspection due to
large line coming in from
neighborhood. Pipe at start
flowing 40-50%. Camera
underwater; Severe sags
Start at MH Q-9;
Did not reach CO Q-8;
No laterals observed
Camera blocked by tuburculated
corrosion at 22'
MH Q-9 MH Q-10 257 0 0% 12 CI No CCTV provided
MH Q-10 CO Q-11 166 0 0% 12 CI No CCTV provided
CO Q-11 MH Q-12 393 0 0% 12 CI No CCTV provided
MH Q-12 MH Q-13 328 0 0% 12 CI No CCTV provided

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11/17/2021 3:52 PM Page 2 of 3
MH Q-13 MH Q-14 DS 261 261 100% 12 CI
Significant/severe roughness
observed, expecially top half of
pipe; Grease observed
Pipe was empty during
inspection. Water surface pulled
down by hydronozzle. Camera
underwater
Start at MH Q-14;
Intruding lateral at 161.1';
Inspection ended at MH Q-13
Complete inspection
MH Q-14 MH Q-15 DS 173 Unknown Unknown 12 CI
Severe roughness observed,
expecially top half of pipe; Deep
sags present throughout pipe
Water level 25-100%; Camera
underwater; Severe sags
Start at MH Q-15;
Did not reach MH Q-14;
High-flowing lateral into MH Q-15;
Visual poor due to high water level
MH Q-15 CO Q-16 DS 252 45 18% 10 CI
Severe roughness observed,
especially top half of pipe.

Water level 15-50%; Moderate to
severe sags
Start at CO Q-16;
Did not reach MH Q-15
Camera blocked by tuburculated
corrosion at 45'
MH Q-15 CO Q-16 US 252 15 6% 10 CI
Unknown:

No pipe visual
Inspectors unable to drawdown
water due to reverse setup;
Camera underwater 0-15'+;
Severe sag
Start at MH Q-15;
Did not reach CO Q-16;
No visual due to high water;
Inspection abandoned at 15'; Could
not drawdown water due to poor
access conditions from CO;
CO Q-16 MH Q-17 DS 207 208 100% 10 CI
Significant/Severe roughness
observed
Water level 5-50%; Moderate to
severe sags
Start at MH Q-17;
Lateral at 188.1';
Bend at 206';
Ended at CO Q-16
Good pipe visual; Difficulty passing
bend in pipe
MH Q-17 CO Q-18
DS
(reverse) 246 246 100% 10 CI
Pipe visual is poor; Where pipe is
clear, pipe appears to be fully
descaled. Evidence of significant
pipe corrosion, especially top half
of pipe.

Water level 5-100%
Severe sags (camera underwater)
last third of pipe up to MH Q-17
Start at MH Q-17;
Push cam to CO Q-18;
Pull back with hydronozzle;
Ended at CO Q-18
Poor pipe visual; rapid/shaky
footage; only one side of pipe in
view; no stills to inspect pipe
condition; distance meter not
working
CO Q-18 MH Q-19
US
(reverse) 185 185 100% 10 CI
Pipe walls are fully descaled after
cleaning. Rough wall surface.

Pipe holds water, may be due to
sags. Water level 10-20% in
reverse footage
Start at MH Q-19;
Push cam to CO Q-18;
Pull back with hydronozzle;
2 laterals observed;
Ended at MH Q-19
Pipe inspected in reverse. MH Q-19
appears to be possible source of I/I
and should be inspected.

MH Q-19 CO Q-20 DS 201 201 100% 8 CI
Pipe walls are fully descaled after
cleaning. Rough wall surface.

Water level 5-100%
Severe sags (camera underwater)
Start at CO Q-20;
Push cam to MH Q-19;
Pull back with hydronozzle;
1 lateral observed at 5';
Ended at CO Q-20
Push cam operated in reverse. Poor
visual: rapid/shaky footage; no stills
to inspect wall condition
CO Q-20 CO Q-22
US
(reverse) 273 273 100% 8 CI
Rough wall surface. Pipe walls
are fully descaled after cleaning.

Poor visual (blurry and rapid
return footage)
Low water level in most of
reverse footage due to
hydronozzle. Severe sags; Camera
underwater 206'-226'
Start at CO Q-22;
Ended at CO Q-20;
Pull back with hydronozzle;
Ended at CO Q-22
Push cam operated in reverse. Poor
visual: rapid/shaky footage; no stills
to inspect wall condition
CO Q-22 CO Q-24
DS
(reverse) 344 344 100% 8 CI
Very poor visual (blurry and
rapid). Rough wall surface. Pipe
walls appear to be fully descaled
after cleaning.

Low water level in footage due to
hydronozzle.

Start at CO Q-24;
End at CO Q-22
Push cam operated in reverse. Poor
visual: rapid/shaky footage; no stills
to inspect wall condition
CO Q-24 MH Q-25 DS 307 274 89% 8 CI
Rough wall surface. Pipe walls
are fully descaled after cleaning.

Poor visual (blurry and rapid
return footage)
Water level 5-25%
Start at MH Q-25;
2 laterals observed;
Did not reach CO Q-24
Push cam operated in reverse. Poor
visual: rapid/shaky footage; no stills
to inspect wall condition; complete
inspection (including US footage)
Coastland/NCE/City of Richmond
Keller Beach Sewer CCTV Assessment
Table 1. Summary Table of CCTV Inspection Observations
Downstream
MH
Upstream
MH
Direction
of Survey
Pipe
Length
Inspection
Length
% of Pipe
Inspected
Pipe
Size (in)
Pipe
Material Interior Pipe Wall Condition Water Level Conditionduring Inspection Pipe Features Observed General Inspection Notes

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11/17/2021 3:52 PM Page 3 of 3
CO Q-24 MH Q-25 US 307 70 23% 8 CI
Rough wall surface. Pipe walls
are fully descaled after cleaning.

Poor visual (rapid footage)
Water level 5-10%
Start at CO Q-24;
1 lateral observed (overlapping
DS inspection);
Did not reach MH Q-25
Push cam operated in reverse. Poor
visual: rapid/shaky footage; no stills
to inspect wall condition; complete
inspection (including DS footage)
Coastland/NCE/City of Richmond
Keller Beach Sewer CCTV Assessment
Table 1. Summary Table of CCTV Inspection Observations
Downstream
MH
Upstream
MH
Direction
of Survey
Pipe
Length
Inspection
Length
% of Pipe
Inspected
Pipe
Size (in)
Pipe
Material Interior Pipe Wall Condition Water Level Conditionduring Inspection Pipe Features Observed General Inspection Notes

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APPENDIX A:

EXPRESS SEWER NOTES AND EXHIBIT

Page 909 of 2464 ends

City of Richmond
Keller Beach Sewer Video Notes
Start Node End Node Distance Notes
MH 4 MH 3 237.0
Left Tap @ 78.8'
Left Tap @ 210.3'
Clear visual
MH 3 MH 2 137.0 Pipe holding full pipe water, used Vaccon to pull water down for TV inspection MH 2 MH 1 393.0 Pipe holding full pipe water, used Vaccon to pull water down for TV inspection MH 5 MH 4 233.0 Pipe holding full pipe water, used Vaccon to pull water down for TV inspection Part 1 MH 4 MH 5 96.0 Pipe holding full pipe water, used Vaccon to pull water down for TV inspection Part 2 CO 6 MH 5 320.0
Pipe holding almost full pipe water, no acces with mainline TV camera from US CO. Inspected from downstream to upstream CO-06. Pulled back camera while recording to capture visual of pipe. Operator wheel rolled distance and made it to MH 5 Clear visual from 319.8' - 203.8'
Belly from 203.8' (Approximately 3 - 5 ft no clear visual) hard to determine due to distance staying at 203.8' on pull back.

Clear visual approximately from 198.8' - 58.1'
Belly approximately from 58.1' - 14.3', TV truck got a visual up to the bend There is still an unclear visual from CO 6 up to 14.3'
CO 8 CO 6 357.0
Pipe holding full pipe water, no accress thru lamphole for mainline TV camera, camerad with push camera and pulled back live.Clear visual @ 16:08 - 16:19 from video (Distance stayed at

0.0 Ft throughout video, couldn't determine distance).

Operator wheeled rolled distance from CO 8 to CO 6. 357' MH 9 CO 8 21.7
Unable to plug off flows for TV inspection due to large line coming in from neighborhood.

Pipe at start flowing 40-50%. Clear visual up to 21.7'
Unable to pass corrosion in pipe at 21.7'. Pipe has severe scaling that camera could not pass and cleaning crew could not remove with chain flail.

Line is incomplete
MH 17 CO 16 208.0
Pipe is in fair condition, some areas of moderate to severe scaling. Left Tap @ 188.1' 45 bend in pipe 3' from CO 16
CO 16 MH 15 45.0
Attempted to Tv inspect pipe from MH15 reverse but too much water to get visual. Set up from MH 17, ran camera down to CO16. Started TV inspection, Clear visual to 45 ft.

Severe corrosion @ 45.3', unable to pass
Did not meet up, line is incomplete Part 1
MH 15 CO 16 153.0
Belly from 0.0' - 15.3'
Unable to Camera due to line holding water and reverse setup Did not meet up, line is incomplete Part 2
MH 19 CO 18 189.0
Mainline holds water, Tv insopected while Jetting to pull water out of pipe. Captured clear video of pipe during pull back with footage. Left Tap @ 42.5' Left Tap @ 94.4'
Clear visual from pull back
CO 18 MH 17 246.0
Unable to access with main line camera, unable to push with push camera, operator had to pull push camera in with hydro nozzle and then video while pulling camera back. There are sections in the video that have clear and not clear visual.

Operator made it to MH 17. Footage distance shows 0.0 throughtout due to process.

Operator verifies footage with wheel roller.

CO 20 MH 19 201.0 Clear visual
CO 22 CO 20 275.0
Unable to access with main line camera, unable to push with push camera, operator had to pull push camera in with hydro nozzle and then video while pulling camera back, 7:08 mark CO 24 CO 22 344.0
Unable to access with main line camera, unable to push with push camera, operator had to pull push camera in with hydro nozzle and then video while pulling camera back with hydro running to capture video. Footage distance shows 0.0 throughtout due to process. operator verifies footage with wheel roller.

MH 25 CO 24 274.0
Left Tap @ 232'10"
Left Tap @ 177'4"
No clear visual from 0'0" - 13'0"
Line is incomplete
Overlapped with inspection #2, confirmed by locating Part 1 CO 24 MH 25 70.0
Right Tap @ 58'7"
Right Tap @ 67'5"
Overlapped with inspection #1, confirmed by locating Part 2 MH 15 MH 14 162.0
Pipe Has poor grade , crew fighting water and areas of corrosion in pipe. Crew had to follow hydro nozzle close for visual. Close to nozzle video 0 - 162' then debris, unable to pass end of video
MH 14 MH 13 260.0
Left Tap @ 161.2'
Clear Visual
Segment of belly @ 232.0' - 242.4' Page 910 of 2464

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APPENDIX B:

CCTV INSPECTION REPORTS

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CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 3/22/2021 Length: 152.8' inspected out of 393' (incomplete) Street: 3+92.95 Material: CI
Upstream MH: MH Q-2 Pipe Diameter: 12"
Downstream MH: MH Q-1 Direction of Video: Downstream
Distance (feet) Code Clock/
Position Comment Image

0.0 AMH Q-2
MWL
>50%
Only top of pipe
visible

0.5 Severe internal
corrosion

16.2 Severe internal
corrosion

16.2 MWL
20%
Severe internal
corrosion

16.2 MGO
cam in pipe view
17m44s, mostly under
water

Page 920 of 2464 ends

16.2 MWL 20% with vac wash

16.2 MGP 09 unk, possible tap?
(18:32)

16.2 SCP 08-03 S01 (18:34)

Page 921 of 2464 ends

16.2 MGP 09 unk, unsure if void
(18:41)

43.5 MCU cam tilted & aimed to
soffit right after

64.0 MCU Camera underwater

66.4 MGO cam stationary 26m to
40m,

77.1 MGO cam in motion but
choppy video
131.2 MWL 35%
131.2 MGO cam stationary,
difficulty moving
forward
152.8 OBZ 03-09
no forward progress
from here (51:30 to
end of video)
152.8 MSA Survey abandoned

Page 922 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 3/22/2021 Total Length: 139' - complete inspection Street: 5+29.63 Material: CI
Upstream MH: MH Q-3 Pipe Diameter: 12"
Downstream MH: MH Q-2 Direction of Video: Downstream
Distance (feet) Code Clock/Positi
on
Comment Image

0.0 AMH Q-3

0.0 MWL 20% with power wash

0.0 SZ 09-04 S01, is this SCP?

15.1 SZ F01

15.1 SZ 07-05 S02, throughout line

99.5 OBR 04-08 20%, removed by jet wash
105.3 DAZ 05, 07 S03
122.7 DAZ F03
123.9 MWL(S) 40%, S04
130.8 MGO cam rotated 90 degrees
132.1 MGO
equip issue, cam has no
traction

Page 923 of 2464 ends

140.4 AMH Q-2, adjusted from 137.3

Page 924 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 3/22/2021 Total Length: 242' - complete inspection Street: 7+71.85 Material: CI
Upstream MH: MH Q-4 Pipe Diameter: 12"
Downstream MH: MH Q-3 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.0 AMH Q-4

0.0 MWL 10%

0.0 SCP 07-04 S01

6.0 OBZ 04-08

21.9 MGP 10 possible TFC

46.0 MWL 5%

78.8 TFA 09 adjusted distance, was 82.5
on approach
101.3 OBZ 04-08 S02 repetitive
210.3 TFA 09 adjusted distance, was 212.3
on approach
237.4 AMH Q-3, dist adjusted from 239.4

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CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 3/23/2021 Total Length: Unknown distance inspected out of 219' (incomplete) Street: 9+90.03 Material: CI
Upstream MH: MH Q-5 Pipe Diameter: 12"
Downstream MH: MH Q-4 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image
0*
Minutes of video
because distance
indicator was not
working
AMH Q-5

0.0 MWL 20%

0.0 SCP 07-05 S01
16:12 MGP dist adjusted to 232.8 prior to
start of survey
17:00 MGO distance remains 232.8 during
survey
17:59 OBZ 04-08
18:09 MWL 5%
21:20 IR 2:00 Infiltration runner
46:47 OBZ 03-09 30% blocked
47:33 to end MGO-MSA
no progress, would eventually
lose visibility (possibly MCU),
not completed

Page 926 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 3/24/2021 Total Length: 96' out of 219' (incomplete) Street: 9+90.03 Material: CI
Upstream MH: MH Q-5 Pipe Diameter: 12"
Downstream MH: MH Q-4 Direction of Video: Upstream
Distance (feet) Code Clock/Position Comment Image

0.0 AMH Q-4:

0.0 MWL 20% Lateral at manhole

0.0 SCP 07-05 S01

17.6 MGO cam unsteady

20.7 SCP

22.3 MWL 40%

88.9 MGP debris

96.1 MWL 5%

96.1 MSA Abandoned, 2 of 2

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CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/2/2021 Total Length: 319.8'
Street: 12+95.89 Material: CI
Upstream MH: CO Q-6 Pipe Diameter: 12"
Downstream MH: MH Q-5 Direction of Video: Downstream (reverse) Distance (feet) Code Clock/Position Comment Image

0.0 AMH At MH Q-5

0.0 MCU S01 Camera underwater (no image)
319.8 MCU F01 Camera underwater (no image)
319.8 ACO At MH Q-6
319.8 MGO
camera on grade, in reverse
(pulled); distance remains
319.8
10:56 SCP 07-05 S02
11:47 MWL 20%
12:11 MCU S03 Camera underwater (no image)
20:53 MCU F03 Camera underwater (no image)
23:03 MCU S04 Camera underwater (no image)
34:03 MGO camera stopped, 14.3'
distance; possibly at bend
34:24 MGO end of survey

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CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/5/2021 Total Length: Unknown distance out of 357' Street: 16+52.06 Material: CI
Upstream MH: CO Q-8 Pipe Diameter: 12"
Downstream MH: CO Q-6 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.00 ACO At CO Q-8
MGP
16:08 - 16:19 per survey, 6
seconds:

Camera in reverse, mostly
MCU, DAE/DAGS 08-09

0.00 MSA no usable footage

Page 929 of 2464 ends

Page 1 of 1 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/7/2021 Total Length: 21.7' inspected out of 182' (incomplete) Street: 18+08.07 Material: CI
Upstream MH: MH Q-9 Pipe Diameter: 12"
Downstream MH: CO Q-8 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.0 AMH Q-9

0.0 MWL

4.9 SCP 03

5.9 MWL 50%

6.5 MCU Camera underwater

7.3 MGP out of MCU

8.9 MGP possible RMB

9.0 MCU Camera underwater (no images)

11.7 DAE 09-03 S01

13.9 DAE 09-03 S01, distance adjusted

6.0 MGP distance adjusted from 13.9

6.0 MCU Camera underwater (no images)

10.9 MGP out of MCU, distance
adjusted

13.1 MCU S02 Camera underwater (no images)
Camera underwater (no images)

21.7 MCU F02 Camera underwater (no images)

21.7 MSA no forward progress Camera underwater (no images)

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Page 1 of 2 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 7/14/2021 Total Length: 260 - complete inspection Street: 32+05.23 Material: CI
Upstream MH: MH Q-14 Pipe Diameter: 12"
Downstream MH: MH Q-13 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.0 AMH Q-14

0.0 MWL 20%

0.0 MGP prewash, MWL to 5%

0.0 SRI 09-03 S01

10.3 SCP 08-05 at joint

28.7 SCP 08-04

71.3 SCP 08-02

78.1 SSS 02 S01

85.4 SSS F01
102.5 SSS 10 S02
109.4 SSS F02
109.4 SCP 07-05 at joint

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Page 2 of 2 ends

111.3 SSS 11-01
116.1 SSS 02
123.4 SSS 10-03
126.6 SCP 09-05 at joint
136.9 SSS 10-03 S03
154.4 MWL 20%
161.1 TBI 11 1-inch intrusion
197.0 MWLS 50%, S04
203.8 SCP 09-04
210.0 SCP 09-04 at joint
215.3 MGP 03
232.2 H or SCP 01
231.2 MGO-MCU cam aimed at soffit Camera underwater (no image) 255.5 MCU Camera underwater (no image)
260.0 AMH Q-13

Page 932 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 5/28/2021 Total Length: Unknown distance out of 173' - incomplete Street: 33+78.23 Material: CI
Upstream MH: MH Q-15 Pipe Diameter: 12"
Downstream MH: MH Q-14 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.0 AMH Q-15

0.0 MWL 25%

0.0 SSS 09-03 S01

7.3 MGO cam titled 90 deg left

15.8 SSS F01

15.8 SCP 09-03 S02

19.7 MCU Camera underwater (no image)

53.8 54.4 MCU Camera underwater (no image)

74.6 OBZ 02-09
- MGO-MSA
poor visibility, multiple
blackouts/MCU thorughout
remainder of video (from 44-
min mark to end)

Page 933 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/21/2021 Total Length: 45' out of 252' (incomplete) Street: 36+30.20 Material: CI
Upstream MH: CO Q-16 Pipe Diameter: 10"
Downstream MH: MH Q-15 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.0 ACO At CO Q-16

0.0 MWL 50%

0.0 DAE 09-03 S01

3.9 MCU Camera underwater (no image)

5.6 DAE F01

5.6 MWL 25%

6.0 SSC 10-02 S02

40.2 SSC F02

41.4 SCP 12-12 at/near joint

44.3 to 45.2 MGP 12-03

45.3 MSA Abandoned, equipment
retrieved Inspection incomplete due to severe corrosion obstruction

Page 934 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/22/2021 Total Length: 15.3' out of 252' (incomplete) Street: 36+30.20 Material: CI
Upstream MH: CO Q-16 Pipe Diameter: 10"
Downstream MH: MH Q-15 Direction of Video: Upstream
Distance (feet) Code Clock/Position Comment Image

0.00 AMH Q-15

0.00 MWL 100%

0.00 MGP Surcharged up the structure

0.00 MCU Camera underwater (no image)

6.00 MGP will attempt vac behind cam

15.30 MSA Abandoned

Page 935 of 2464 ends

Page 1 of 2 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/21/2021 Total Length: 207.9 - complete inspection Street: 38+37.70 Material: CI
Upstream MH: MH Q-17 Pipe Diameter: 10"
Downstream MH: CO Q-16 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.0 AMH

0.0 MWL

9.4 SSS 08-12 S01, repetitive throughout

11.7 SRI 09-03 S02
111.2 MWL 40%
141.3 SCP 08-04
147.4 SCP 08-04
148.1 MGP cam mostly submerged,
difficulty with forward motion
163.9 SCP 08-04
184.2 SCP 08-04

Page 936 of 2464 ends

Page 2 of 2 ends

188.1 TF 09, w/ OBZ 03-09, 50%
188.3 MWL 40%, submerged
195.6 MGP used VAC to drop MWL,
unsure if there's MWLS
203.0 MGO cam stationary for minutes,
no forward progress
Difficulty passing bend in pipe
207.9 ACO Q-16; mid-line, looks more
like TFC 11 o'clock

Page 937 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/30/2021 Total Length: 246 - complete inspection Street: 40+83.63 Material: CI
Upstream MH: CO Q-18 Pipe Diameter: 10"
Downstream MH: MH Q-17 Direction of Video: Downstream (Push camera with hydronozzle in reverse) Distance (feet) Code Clock/Position Comment Image

0.0 ACO At CO Q-18

0.0 MWL surcharged at structure

0.0 MGO
footage out of focus, appears
to be pushing cam on
grade/invert; distance
remains 0.0' throughout
06:51 MGP-AMH
At MH Q-17 per survey note;
cam on grade (not
centered/elevated); blurred,
out of focus; footage by video
timestamp, not by distance,
cam in reverse
07:49 MGO start of reverse footage
07:57 MWL 40%, out of focus
07:58 MCU Camera underwater (no image)
08:05 OBZ 05-07 S01, debris
08:47 MGO cam unstable
09:23 MGO cam unstable
14:05 ACO At CO Q-18, end of reverse
footage

Page 938 of 2464 ends

Page 1 of 2 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/29/2021 Total Length: 185 - complete inspection Street: 42+68.13 Material: CI
Upstream MH: MH Q-19 Pipe Diameter: 10"
Downstream MH: CO Q-18 Direction of Video: Upstream (Push camera with hydronozzle in reverse) Distance (feet) Code Clock/Position Comment Image

0.0 AMH Q-19

0.2 MWL 20% (20:53)

0.5 SSS 10-02 S01, throughout pipe

24.9 MGP abrupt drop

29.3 MWL 10%

42.5 TBI 11 4" lat, 2" intrusion

91.9 obz 04-08

94.4 TF 09 4" lat
134.6 OBZ 03-09 50% blocked, chain flailed
140.7 MGO blackout, no actrivity 10:35 -
42:00

94.8 MGP
42:00 resumed, dist from
140.7, may have been
retrieved
119.1 MGO turbulent footage (44:39)
124.9 MCU (46:07) Camera underwater (no image)

Page 939 of 2464 ends

Page 2 of 2 ends

131.5 MGO cam tilted 90d
counterclockwise
132.7 MCU Camera underwater (no image)
156.5 MGO blacked out approx 5min
159.7 MGO cam too close to cleaning
equip, very poor visibility
173.4 MGO-MCU blackout, no visibility (1:01:13
to 1:44:05) Camera underwater (no image)
173.7 MGO turbulent footage, cam very
close to cleaning equip
189.2 ACO Q-18
189.2 MGO reverse survey, no new
findings

0.0 AMH Q-19
CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 4/29/2021 Total Length: 185 - complete inspection Street: 42+68.13 Material: CI
Upstream MH: MH Q-19 Pipe Diameter: 10"
Downstream MH: CO Q-18 Direction of Video: Upstream (Push camera with hydronozzle in reverse) Distance (feet) Code Clock/Position Comment Image

Page 940 of 2464 ends

CCTV Observation Report
Client: NCE/City of Richmond
Project Name: Keller Beach Sewer CCTV Assessment
Date of CCTV: 5/4/2021 Total Length: 201' - inspection complete Street: 44+69.26 Material: CI
Upstream MH: CO Q-20 Pipe Diameter: 8"
Downstream MH: MH Q-19 Direction of Video: Downstream
Distance (feet) Code Clock/Position Comment Image

0.00 ACO At CO Q-20

0.00 MWL
12' 11" DAGS 03-06 at joint maybe
16' 0" MGO cam unsteady
73' 10" MCU Camera underwater (no image)
111' 10" MWL 10%
112' 7" MCU S01 Camera underwater (no image)
200' 5" MCU F01 Camera underwater (no image)
201' 1" MGO-MCU no visibility Camera underwater (no image) 200' 8" MGO retrieved, reverse
185' 2" SSS-SCP 03-09 unclear
154' 5" MGO turbulent, cam unsteady
5' 3" TB 10 not panned, no other info
-0' 1" MGP
-0' 5" MGP
-0' 5" ACO Q-20

Page 941 of 2464 ends

Richmond City CouncilJuly 26, 2022

Richmond City Council
July 26, 2022