1 Instruction to Bidders
CITY OF RICHMOND
CONTRACT DOCUMENTS
FOR
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION
ENCLOSURE
CITY OF RICHMOND
ENGINEERING AND CAPITAL IMPROVEMENT PROJECTS DEPARTMENT
450 Civic Center Plaza
Richmond, CA 94804
Yader Bermudez, PE
CIP Manager
June 2022
BID SUBMITTAL
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
2 Instruction to Bidders
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
The special provisions contained herein have been prepared by or under the direct ion of the following Registered Persons.
Approved:
Yader Bermudez, PE Date
CIP Manager
Registered Civil Engineer, RCE No. C40523
June 16, 2022
SignNow e-signature ID: 87e5f704d4...
06/16/2022 20:52:38 UTC
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
3 Instruction to Bidders
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
TABLE OF CONTENTS
SECTION PAGE
INTRODUCTION ............................................................................................. 2 INVITATION FOR BIDS .................................................................................... 3 INSTRUCTIONS TO BIDDERS ........................................................................... 5 SECTION 1 DESCRIPTION OF WORK .............................................................................. 5 SECTION 2 LAWS AND ORDINANCES ............................................................................ 5 2-1 Laws and Ordinances .................................................................................................... 5 2-2 Security In Lieu Of Retention ........................................................................................ 6 SECTION 3 CONTRACT BONDS ..................................................................................... 8 SECTION 4 INDEMNIFICATION AND INSURANCE .......................................................... 8 SPECIAL PROVISIONS ..................................................................................... 1 SECTION 1 SPECIFICATIONS AND PLANS....................................................................... 1 SECTION 2 BIDDING ..................................................................................................... 1 SECTION 3 AWARD AND EXECUTION OF CONTRACT ..................................................... 2 SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 2 SECTION 5 GENERAL .................................................................................................... 2 5-1 Miscellaneous ............................................................................................................... 2 5-1.01 Subcontracting ........................................................................................................................... 2 5-1.02 Partial Payments ........................................................................................................................ 3 5-1.03 Payment of Withheld Funds....................................................................................................... 3 5-1.04 Construction Equipment ............................................................................................................ 3 5-1.05 Noise Control Requirements ...................................................................................................... 3 5-1.06 Increases and Decreases in Work .............................................................................................. 4 5-1.07 Project Record Drawings ............................................................................................................ 4 5-1.08 Payroll Records........................................................................................................................... 4 5-1.09 Resolution of Contract Claims .................................................................................................... 5 5-2 Minimum Wage ............................................................................................................ 6 5-2.01 Prevailing Wage ......................................................................................................................... 6 SECTION 6 (NOT USED) ................................................................................................ 6 SECTION 7 (NOT USED) ................................................................................................ 7 SECTION 8 MATERIALS ................................................................................................ 7 8-1 Miscellaneous ............................................................................................................... 7 8-1.01 General ....................................................................................................................................... 7 8-1.02 Relative Compaction .................................................................................................................. 7 8-1.03 Payments.................................................................................................................................... 7 SECTION 9 DESCRIPTION OF WORK .............................................................................. 7 9-1 General .......................................................................................................................... 7 9-1.01 Compensation ............................................................................................................................ 7 9-1.02 Compensation Adjustments for Asphalt Price Index Fluctuations ............................................. 7 City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-ii Invitation for Bids
SECTION 10 CONSTRUCTION DETAILS ............................................................................ 7 10-1 GENERAL ....................................................................................................................... 7 10-1.01 ORDER OF WORK ....................................................................................................................... 7 10-1.02 PROGRESS SCHEDULE ................................................................................................................ 7 10-1.03 EXISTING FACILITIES/COOPERATION .......................................................................................... 8 10-1.04 PROPERTY AND FACILITY PRESERVATION .................................................................................. 8 10-1.05 SUBMITTALS ............................................................................................................................... 9 10-1.06 MOBILIZATION ........................................................................................................................... 9 10-1.07 CONSTRUCTION LAYOUT ......................................................................................................... 10 10-1.08 CLEARING, GRUBBING, AND ENVIRONMENTAL PROTECTION ................................................. 10 10-1.09 DUST CONTROL ........................................................................................................................ 10 10-1.10 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS ............................................................ 11 10-1.11 OBSTRUCTIONS AND EXISTING FACILITIES ............................................................................... 11 10-1.12 EARTHWORK ............................................................................................................................ 12 10-1.13 CLASS 2 AGGREGATE BASE ....................................................................................................... 13 10-1.14 UNSUITABLE MATERIAL ........................................................................................................... 13 10-1.15 ASPHLAT CONCRETE ................................................................................................................. 13 10-1.16 EXCAVATION, BEDDING, AND BACKFILL .................................................................................. 14 10-1.17 POTABLE WATER SYSTEM ........................................................................................................ 18 10-1.18 WATER SERVICE ....................................................................................................................... 20 10-1.19 SANITARY SEWER SYSTEM ....................................................................................................... 20 10-1.20 ELECTRICAL SERVICE ................................................................................................................ 22 10-1.21 TRASH ENCLOSURE .................................................................................................................. 22
PROPOSAL PACKAGE
Proposal
Non-collusion Affidavit
Bid Bond
Bidder's Statement of Subcontractors (Form A-1)
Bidder's Statement of Suppliers for Major Equipment and Materials (Form A -2)
APPENDIX A SAMPLE AGREEMENTS
A-1 Construction Agreement (Sample)
A-2 Payment Bond (Sample)
A-3 Performance Bond (Sample)
A-4 First Source Agreement (Sample)
APPENDIX B INSURANCE REQUIREMENTS, CERTIFICATES, ENDORSEMENTS
B-1 Insurance Requirements
APPENDIX C ELECTRONIC CERTIFIED PAYROLL
APPENDIX D SOIL MANAGEMENT PLAN
APPENDIX E STORMWATER PROTECTION FOR CONSTRUCTION CONTRACTS
APPENDIX F ENVIRONMENTAL DOCUMENTS AND PLANS
City of Richmond
Trash Enclosure
IFB-1 Invitation for Bids
NOTICE TO PROSPECTIVE BIDDERS
QUESTIONS AND COMMENTS
Questions or comments regarding these bid documents, construction plans and spec ifications shall be directed in writing to:
Yader Bermudez, PE
CIP Manager
City of Richmond
Public Works Department
450 Civic Center Plaza
Richmond, CA 94804
Telephone: (510) 620-5478
Cell: (510) 774-6300
Fax: (510) 307-8116
Email:
[email protected]
Questions or comments regarding City of Richmond Business Ordinance, Local Employment Program Ordinance and Living Wage Ordinance requirements in these specifications shall be directed to:
Gina Baker
Contract Compliance Manager
City of Richmond
Employment and Training Department
330 25th Street
Richmond, CA 94804
Telephone: (510) 307-8011
Email:
[email protected]
SITE VISIT
Bidders are strongly encouraged to visit the sites of the proposed work and fully acquaint themselves with the existing conditions. Bidders should fully inform themselv es as to the facilities involved, the difficulties and restrictions attending t he performance of the contract. Bidders should thoroughly examine and familiar ize themselves with the Specifications and all other Contract Documents. The Contractor, by the execution of this Contract, shall in no way be relieved of any obligation under i t, due to Contractor's failure to receive or examine any form or legal instrument, or to visit the site and acquaint him or her self with the conditions there existing. The owner will reject any claim based on facts regarding which the bi dder should have b een aware as a result of visiting the site or reading the Contract Documents.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-2 Invitation for Bids
INTRODUCTION
CONTRACT DOCUMENTS
All documents included in the Project Specifications shall constitute part of the contract (hereinafter called "Contract Documents") for the completion of the project.
PROJECT
The Project (hereinafter in the Contract Documents and in the Contractual Agreement signed by the Contractor called "Project") to be completed by the Contractor is defined as follows:
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
DEFINITIONS
The following terms as used in the Contract Documents and in the Contractual Agreement signed by the Contractor shall have the meanings set forth below:
"City" shall mean the City of Richmond, California.
"Contract" shall mean both the Contract Documents and the Contractual Agreement for the completion of the Project which is signed by the Contractor.
"Contractor" shall mean the bidder who signs the Contractual Agreement for the Project substantially in the form set forth in the Contract Documents labeled, "Contractual Agreement Form."
"Engineer" shall mean the City Engineer or his designated representative.
"Local Public Agency" shall mean the City of Richmond, California.
"Standard Specifications" shall mean the 2010 edition of the State of California Department of Transportation Standard Specifications, as amended.
"City Standard Details" shall mean the Standard Details set forth in Appendix B.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-3 Invitation for Bids
CITY OF RICHMOND
ENGINEERING & CAPITAL IMPROVEMENT PROJECTS DEPARTMENT
INVITATION FOR BIDS
For
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
BID OPENING: The City of Richmond will receive SECURE bids submitted for the Unity Park Illegal Dumping Clean - Up and Prevention Enclosure project until 2:00 p.m., Thursday, Ju ly 11, 202 2, via the City’s secure online bidding system at www.ci.richmond.ca.us/bids. All contractors will receive an e -bid confirmation number with a time stamp.
PRE-BID CONFERENCE: A MANDATORY pre-bid conference will be held a t 11:00 a.m., Thursday, June 23, 2022, at the Richmond Room, First Floor City Hall, 450 Civic Center Plaza, Richmond, California.
Participation in the Pre -bid Conference is MANDATORY . Contractor’s name and comp any must appear on the sign in sheet in order to bid on the project. Bids received from Contractors who fail to attend the mandatory pre -bid conference will be rejected. The pre-bid conference will last approximately one (1) hour.
QUESTIONS: All questions regarding bid documents, construction plans and specifications must be submitted through BidsOnline system on the Q&A tab by 5:00pm PST, on Tuesday, June 28, 2022. If the City finds it necessary to issue an addendum, prospective Offerors will receive e- mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by 2:00pm PST Friday, Ju ly 1, 2022. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the Bid that may have been posted.
WORK DESCRIPTION: In general, the work consists of construction of a trash and recycling enclosure and for all other work, items, or details note mentioned above that are required by the Drawings, Standard Specifications, of these Special Provisions.
BID DOCUMENTS: Bid Documents must be obtained through the City’s website. You must be a registered vendor with the City of Richmond to place a free order for bid documents. P lease visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor with the Planet Bids BidsOnline service to order your bid documents.
BID DEPOSIT: A certified check or bank draft, paya ble to the order of the City of Richmond, negotiable U.S.
Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be submitted with each bid. A bidder shall not be relieved of the bid unless by consent of the City nor shall any changes be made in the bid because of mistake, but a bidder may bring an action in the Superior Court of Contra Costa County for recovery of any amount forfeited, without interest or costs. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project.
WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or its duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor may any bid be withdrawn after the time fixed in the public notice for opening of bids.
DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, fi rm, partnership, corporation, or combination thereof is interested in more than one proposal City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-4 Invitation for Bids
for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected as not responsive.
PREVIOUS DISQUALIFICATION, REMOVAL, OR OTHER PREVENTION OF BIDDING: A bid may be rejected on the basis of a bidder, any officer of such bidder, any employee of such bidder who has a proprietary interest in such bidder, or any listed subcontractor, having been disqualified, removed, or otherwise prevented fro m bidding on, or completing a federal, state, or local project because of a violation of any law or any safety regulation.
RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA: All bidders shall verify if any addenda for this project have been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are included in the bidder’s proposal. All bidders shall include a signed copy of all contract addenda with the proposal. Failure to comply with this requirement shall cause the proposal to be considered as non- responsive and shall be grounds for rejection of the bid.
CONTRACTOR’S LICENSE: All bidders are subject to California contractor’s licensing laws and the provisions of Business and Professions Code Section 7028.15. A California Type A Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. A Concrete Contractor’s Type C -8 license must be held by the Contractor or as a listed sub -contractor. Other licenses may be required for additional specialty work.
MINIMUM WAGE RATES: Not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
BID REVIEW: Bids may be held by the City of Richmond for a period not to exceed sixty (60) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract.
CITY’S RIGHT TO REJECT BIDS: The City of Richmond reserves the right to reject any or all Bids, or to waive any informality or minor irregularity in the bids.
BID PREPARATION COSTS: Bidders are solely responsible for the cost of preparing bids.
City of Richmond, a Municipal Corporation
Pamela Christian
City Clerk
June 2022
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-5 Invitation for Bids
INSTRUCTIONS TO BIDDERS
THE PRIME BIDDE R WILL BE DEEMED NON -RESPONSIVE IF HE/SHE SUBMITS INCOMPLETE FORMS OR FAILS TO SUBMIT ALL OF THE REQUIRED FORMS AND DOCUMENTATION.
Participation in the Pre- Bid Conference is Mandatory. Bids received from Contractors who fail to attend the mandatory pre-bid conference will be rejected.
SECTION 1 DESCRIPTION OF WORK
In general, the work consists of construction of a trash enclosure and for all other work, items, or details note mentioned above that are required by the Drawings, Standard Specifications, of these Spec ial Provisions.
The estimate of construction quantities shown on the Proposal represent a preliminary estimate of the quantities of work to be performed and materials to be furnished. They are approximate only and are given as a basis for the comparison of bids only. The City of Richmond does not expressly or by implication agree that the actual amount of work and materials will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work or to omit p ortions of the work that may be deemed appropriate or expedient by the City Engineer.
SECTION 2 LAWS AND ORDINANCES
2-1 LAWS AND ORDINANCES
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond busine ss license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived.
The successful Contractor shall also obtain an y other permits required from other agencies for the completion of the project, for which the fees will not be waived.
If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance related to public works bidding or construction, the Contractor's bid may be deemed to be non-responsible.
The Contractor and all subcontractors shall comply with the City of Richmond Business Opportunity Ordinance (Ordinance 16-12 N.S., Richmond Municipal Code Chapter 2.50), Local Employment Program Ordinance ( Ordinance 15-10 N.S., Richmond Municipal Code Chapter 2.56), and Ban the Box Ordinance ( Ordinance 14-13 N.S., Richmond Municipal Code Chapter 2.65), which are incorporated into the Contract Documents by this reference.
The Contractor and all subcontractors shall comply with California prevailing wage requirements.
For general information regarding compliance with local ordinances, contact:
Gina Baker
Contract Compliance Manager
City of Richmond
Employment and Training Department
330 25
th Street
Richmond, CA 94804
Telephone: (510) 307-8011
Email: [email protected]
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-6 Invitation for Bids
2-2 SECURITY IN LIEU OF RETENTION
A. The City shall retain ten percent ( 10%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory compl etion of the contract, the securities shall be returned to the Contractor.
2. Alternatively, the contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of th e Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the co ntractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
B. If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between ______________________ whose address is ________________________________ hereinafter called "Owner," _______________ whose address is ________________________________ hereinafter called "Contractor" and _____________________ whose address is ___________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to de posit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred t o as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress pa yments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole a ccount of Contractor and shall be subject to withdrawal by Contractor at City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-7 Invitation for Bids
any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event o f default by the Contractor. Upon seven days' written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and intere st on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
(9) Escrow Agent shall rely on the written notifications fr om the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-8 Invitation for Bids
Signature Signature
SECTION 3 CONTRACT BONDS
A. General
The successful bidder shall furnish to the City of Richmond a Performance Bond and a Payment Bond required by the State of California Contract Act. Said bonds shall be furnished in a form satisfactory to the City. Each of said bonds shall be executed in an amount equal to one hundred percent (100%) of the total bid.
B. Faithful Performance
Refer to Appendix A for a sample of Performance Bond.
C. Payment Bond
The Payment Bond shall guarantee payment of all claims for labor, materials, provisions, provender and supplies furnished and any amounts required to be deducted withheld and paid ove r to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractor pursuant to Section 18806 of the Revenue and Taxation Code. The bond shall satisfy all of the requirements set forth in Civil Code Section 3248. A sample payment bond is enclosed in Appendix A.
D. Alterations
All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bond.
SECTION 4 INDEMNIFICATION AND INSURANCE
Attention is directed to Section 7- 1.05, " Indemnification" of the Standard Specifications and these Special Provisions.
A. Indemnification
Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement.
B. Insurance
Contractor shall provide and maintain the insurance requirements and limits as specified in the “City of Richmond – Insurance Requirements – Type 1: Consultants and Contractors” attached in Appendix B for the duration of the contract, agreement, or other order of work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in conne ction with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Manageme nt 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.
Upon notification of receipt by the City of a Notice of Cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new renewal policy and certificates for such policies.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
IFB-9 Invitation for Bids
If at any time during the life of the Contract or any extension the Contracto r fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the requ ired insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to terminate the Contract.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-1 Special Provisions
SPECIAL PROVISIONS
SECTION 1 SPECIFICATIONS AND PLANS
The work embraced herein shall be performed in accordance with the Standard Specifications dated 2010 (as amended), of the State of California, Department of Transportation, insofar as the same may apply and in accordance with the following Special Provisions.
In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over, and shall be used in lieu of, such conflicting portions.
City of Richmond Standard Plans (latest edition)
DEFINITIONS AND TERMS
As used herein, unless the context otherwise requires, the following terms shall have the following meaning:
Department of Transportation - the City Council of the City of Richmond.
Director of Transportation - the Public Works Director of the City of Richmond.
Engineer - the Public Works Director , acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - the City of Richmond Material Testing Laboratory or the designated laboratory authorized by the City of Richmond to test materials and work involved in the contract.
Office of Administrative Hearings - the City Council of the City of Richmond.
Standard Specifications - the 201 8 or current edition of the Standard Specifications of the State of California ( as amended), Business and Transportation Agency, Division of Transportation.
State - the City of Richmond.
SECTION 2 BIDDING
The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and submission of the bid.
Section 2-1.06 “Bid Documents”, 2 -1.15 “Disabled Veteran Business Enterprises”, 2 -1.18 “Small Business and Non - small Business Subcontractor Preferences”, 2 -1.24 “Tied Bid Resolution”, 2- 1.27 “California Companies”, 2 -1.35 “SSPC QP certification Pre -award Qualification” and 2 -1.47 “Bid Relief” of the Standard Specifications shall not apply.
The second and third paragraph of Section 2 -1.33A “General” of the Standard Specifications shall not apply. All bid forms shall be submitted under one hard copy sealed cover. Faxed or ema iled bid documents will not be accepted.
All proposals (bids) shall be made on blank forms downloaded from the City of Richmond website http://www.ci.richmond.ca.us/
where all the Bid Documents shall be obtained.
Award of Tie Bids: If two or more bids are the same and the lowest, the City shall accept that of the local bidder, if there is one; otherwise, it may accept the one it chooses.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-2 Special Provisions
See Section 2.52.344(b) of Municipal Code for Code for City preferences for Recycled Products.
All proposals must give the prices proposed in figures and shall be signed by the bidder, who shall fill out all blanks in the Proposals forms.
SECTION 3 AWARD AND EXECUTION OF CONTRACT
The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract" , of the Standard Specifications for the requirements and conditions concerning award and execution of contract.
As used in the Standard Specifications, "Director", shall mean the Public Works Director of the City of Richmond.
If the contract is to be awarded, it will be awarded to the lowest qualified, responsible and responsive bidder whose proposal complies with all the contract requirements. The right is reserved to reject any or all proposals.
SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Section 8 1.04, "Start of Job Site Activities," Section 8 1.05, "Time," and Section 8 1.10, "Liquidated Damages," of the Standard Specifications and these Speci al Provisions.
The Contractor shall commence work within 72 hours, or as directed by the City Engineer, upon receipt of directions to proceed in the “Authorization to Proceed” for each location(s) and complete the w ork within the allotted time of:
60 WORKING DAYS
The Contractor shall pay to the City of Richmond the sum of $1,000 per day for each and every calendar day of delay in finishing the work in excess of the number of working days prescribed above. Failure to provide adequate work force to complete the work in a timely manner shall be considered as grounds for liquidated damages.
In addition, the City shall have the right to charge the Contractor and to deduct from the payments for the work the actual cost to the City for engineering, inspection and other overhead expenses which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due to the Contractor under this Contract. The Contractor and his sureties shall be liable for any such costs.
The Contractor shall not work on Saturdays, Sundays, City of Richmond holidays, nor between the hours of 5:00 p.m. and 8:00 a.m. without the written permission of the City Engineer. Work performed on S aturdays, Sundays, City Holidays, or between the hours of 5:00 p.m. and 8:00 a.m. shall comply with the noise standards set forth at Section 5-1.05.
The City reserves the right to terminate this contract at any time provided that the City furnished the Co ntractor with a ten-day written notice prior to the termination of contract.
Where Section 8 1.04B of the Standard Specifications refers to the Attorney General or the Attorney appointed to represent the Department of Transportation, this shall be taken to mean the City Attorney of the City of Richmond.
SECTION 5 GENERAL
5-1 MISCELLANEOUS
5-1.01 Subcontracting
Attention is directed to the provisions in Section 5-1.13, "Subcontracting" of the Standard Specifications and these City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
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Special Provisions.
The Contractor shall perfor m with his own organization contract work amounting to not less than 30 percent (30%) of the original total contract price, except that any designated Specialty Items may be performed by the subcontractor and the amount of such Specialty Items so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with his own organization.
5-1.02 Partial Payments
Attention is directed to Section 9 -1.16E, “Withholds” of the Standard Speci fications. Retention will be 5% in accordance with Public Contract Code Section 7201. Section 9- 1.16F “Retentions” of Standard Specifications shall not apply.
The City reserves the right to retain five percent (5%) of the estimated value of the work compl eted. The retained funds shall be released to the Contractor no sooner than 30 days after the work acceptance by the City of Richmond City Council. In accordance with Public Contract Code Section 22300, as amended and incorporated herein by reference, the Contractor may substitute securities for moneys withheld to ensure contract performance.
Subject to the exceptions set forth at Public Contract Code Section 7200, in a contract between the Contractor and any subcontractor, and in a contract between a subc ontractor and any subcontractor there under, the percentage of the retention proceeds withheld shall not exceed the percentage herein specified. If the Contractor elects to substitute securities for retention, the Contractor may withhold from his or her subcontractors who have not elected to substitute securities for retentions, the amount of retentions that would have otherwise been withheld from payments to the Contractor.
No partial payments will be made for any materials on hand which are furnished but not incorporated in the work.
5-1.03 Payment of Withheld Funds
Attention is directed to Section 9 -1.16E, “Withholds” of the Standard Specifications. Retention will be 5% in accordance with Public Contract Code Section 7201. Section 9- 1.16F, “Retentions”, of Standard Specifications shall not apply.
In accordance with the provisions of Public Contract Code Section 22300, the Contractor may elect to receive one - hundred percent (100%) of the payments due under the contract from time to time, without retention of any portion of the payment by the City by depositing securities of equivalent value with the City or with a bank as escrow agent. Such securities, if deposited by the Contractor shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final.
5-1.04 Construction Equipment
Attention is directed to Sections 5 -1.33, "Equipment”, 5- 1.37, "Maintenance and Protection" and 7 -1.02O, “Vehicle Code”, of the Standard Specifications and these Special Provisions.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisio ns 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precaution s for safe operation of his equipment and the protection of the public from injury and damage from such equipment.
5-1.05 Noise Control Requirements
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-4 Special Provisions
Noise Control shall at minimum conform to the provisions in Section 14 -8, "Noise and Vibration", of the Standard Specifications and these Special Provisions.
The noise level from the Contractor's operations, between the hours of 6:00 p.m. and 8:00 a.m., shall not exceed 86 DBA at a distance of 50 feet. This requirement in no way relieves the Contractor from respon sibility for complying with local ordinances regulating noise level.
Said noise level requirements shall apply to all equipment and personnel on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor.
The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
5-1.06 Increases and Decreases in Work
The provisions in Sections 4-1.05 and 9-1.06 of the Standard Specifications shall not apply.
The quantities shown on the Proposal represent a preliminary estimate of the quantities of work to be done and materials to be furnished. They are approximate only and are given as a basis for the comparison of bids only. The City of Richmond does not expressly or by implication agree that the actual amount of work or materials will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be dee med appropriate by the City Engineer. No adjustment shall be made to the contract unit prices and no additional compensation will be allowed therefor.
5-1.07 Project Record Drawings
Contractor shall keep on file one full size set of construction drawings which s/he shall request from Engineer exclusively for recording all as-built data including all addenda, clarifications, and change orders. Record dimensions and changes during course of construction, at the time field changes are made.
In particular, note cha nges in locations of underground utilities and piping, recording dimensions, sizes, type and manufacture and all other additions or deletions to the work.
In addition, highlight on the drawings locations of significant items such as main power disconnect, main water and gas shutoff, controls, isolating valves and the like to facilitate proper maintenance and safe options.
Before job completion, submit Record Drawings to Engineer for review in order to determine completeness and accuracy.
Record all as-built data neatly, using standard architectural or engineering drafting practices equal in quality to the contract drawings. Sign and date the drawings, certifying that all information is correct.
Retention will not be released until record drawings are accepted by the Engineer.
5-1.08 Payroll Records
Attention is directed to Section 7- 1.02K(3), “Certified Payroll Records”, of the Standard Specifications and these Special Provisions.
As part of the City of Richmond commitment to assist contractors to convenientl y comply with legal and contractual requirements, the City has established a Labor Compliance Management System for this project. The system was designed to help reduce contractors’ administrative costs and to provide various work -flow automation features that improve the project reporting process.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-5 Special Provisions
Procedural differences between the previous conventional reporting and the new web -based system include:
• Monthly progress payment status reports, fringe benefits statements, weekly certified payroll repor ts or non-performance reports shall be submitted via the web -based system. Paper copies will no longer be required or accepted.
• Contractor and sub -contractors will be required to enter data for payment date and receipt of payments date onto the web-based system.
Prime and sub- contractors shall have free use of the web based application in reporting weekly certified payrolls and monthly progress payments to reduce paperwork and streamline the reporting process. Payroll reports are due no later than 10 days from the end of the pay week to avoid penalties.
Upon award of the construction contract, the prime contractor and all subcontractors must use the system for their monthly progress payment status reports, fringe benefits statements, weekly certified payroll reports and non - performance reports. Prime Contractors are also responsible for entering all of the contract/sub -contract amounts for the project. The City will provide training for contractors. Contractors’ payroll staff will be required to attend an hour-long training at a City designated location. It is mandatory that contractors' and sub -contractors’ payroll coordinators or payroll administrators attend the training session.
Full compensation for conforming to the provisions in section “Payroll Records,” shall be considered as included in the contract prices paid for various items of work involved and additional compensation will be allowed therefor.
For more information please contact:
Gina Baker
Contract Compliance Manager
City of Richmond
Phone: (510) 307-8011
Email: [email protected]
5-1.09 Resolution of Contract Claims
A. Presentation of Claim. All claims by the Contractor for additional compensation or time shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
1. For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentat ion supporting the claim or relating to defenses to the claim the City may have against the Contractor.
a. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. b. The City's written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
2. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy- five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor.
a. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor.
City of Richmond
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SP-6 Special Provisions
b. The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 d ays after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, res pectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
4. Following the meet and confer confere nce, if the claim or any portion remains in dispute, the Contractor may file a claim as provided in Section 3.3 of the Construction Agreement. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be t olled from the time the Contractor submits his or her written claim until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
5. The claims presentation requirements s et forth above do not apply to tort claims and nothing in these Specifications is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing wi th Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
B. Civil Actions. The procedures set forth at Public Contract Code Section 20104.4 shall apply to all civil actions filed to resolve claims related to the contract.
5-2 MINIMUM WAGE
5-2.01 Prevailing Wage
Attention is directed to Section 7-1.02K(2), "Wages", of the Standard Specifications.
The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication entitled "General Preva iling Wage Rates" refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage r ate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it has been published in said publication.
If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rate expires dur ing the life of this contract, such wage rate shall apply to the balance of the contract. Copies of the prevailing wage rates are on file and available for inspection at the California Department of Industrial Relations’ website.
Potential bidders are a dvised that any Contractor, who intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of the craft or classification most closely related to it.
In case of conflict between t he Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Special Provisions, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days pr ior to the bid opening date will become the part of the contract documents.
SECTION 6 (NOT USED)
City of Richmond
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SP-7 Special Provisions
SECTION 7 (NOT USED)
SECTION 8 MATERIALS
8-1 MISCELLANEOUS
8-1.01 General
Attention is directed to Section 6, "Control of Materials" , of the Caltrans Standard Specifications and these Special Provisions.
All materials required to complete the work under this contract shall be furnished by the Contractor.
8-1.02 Relative Compaction
Relative compaction is to be determined by the ASTM D 1557 most recent laboratory test procedure.
8-1.03 Payments
Payments for materials and supplies stored or not installed in their final position will not be allowed.
SECTION 9 DESCRIPTION OF WORK
9-1 GENERAL
In general, the work consists of constructing a trash and recycling enclosure and for all other work, items, or details note mentioned above that are required by the Drawings, Standard Specifications, of these Special Provisions.
9-1.01 Compensation
Compensation for all work specified to be performed under this contract and shown on the drawings will be made under the payment items listed herein. The contract prices for the said payment items shall be full compensation for all of the costs in connection therewith, including furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing each item herein as specified. Principal features of the work to be included under the various payment items are noted. Work not specifically mentioned shall be included for payment under the items to which such work is applicable. The quantity to be paid fo r will be the number of or amount of the items acceptably installed complete in place, as determined by the Engineer.
9-1.02 Compensation Adjustments for Asphalt Price Index Fluctuations
No adjustment will be made.
SECTION 10 CONSTRUCTION DETAILS
10-1 GENERAL
10-1.01 ORDER OF WORK
Order of work shall be scheduled such that the work can be carried out in an efficient manner. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
10-1.02 PROGRESS SCHEDULE
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-8 Special Provisions
Progress schedules will be required for this contract and shall conform to the provisions in Section 8- 1.02, "Schedule", of the Standard Specification, and these Special Provisions.
Contractor shall submit a weekly construction schedule in a form provided by, or acceptable to, the Engineer. The schedule shall include the locations where work was performed on previous weeks and where work will be performed the following week, the wor k status at each location, and completion dates. The submittal day will be determined during the pre-construction conference.
No work may begin under contract until the progress schedule and Traffic Control Plan have been approved by the Engineer. Time required for review and approval of these items shall not constitute a basis for time extension.
It will be the responsibility of the Contractor to arrange for the towing and removal of any vehicles which have not been removed by the owner and which interf ere with any operations. Full compensation for the removal of the vehicles shall be considered as included in the price paid for the various items of work and no additional compensation will be allowed therefor.
10-1.03 EXISTING FACILITIES/COOPERATION
Attention is directed to Section 5-1.20, “Coordination with Other Entities” and Section 5 -1.36, "Property and Facility Preservation", of the Standard Specifications and these Special Provisions.
The Contractor shall be responsible for verifying the exact location a nd depth of existing utilities in the field. Where excavation is contemplated, the Contractor shall notify Underground Service Alert (USA) at (800) 642 -2444 or 811 prior to excavation.
Where excavations are performed in the vicinity of underground utility services, the Contractor shall, as necessary, perform initial exploratory excavations to determine their exact depth and location. Extreme care shall be exercised to avoid damage as it will be the Contractor’s sole responsibility to have the repairs made to the existing facilities at his/her own expense.
In accordance with Public Contract Code Section 7104, Contractor shall notify the City of any hazardous waste or other unusual conditions discovered while performing exploratory excavations.
The Contract or shall cooperate with any forces so that the work will be handled in an efficient manner. The following utility companies may be involved:
• PG&E (Gas, Electric)
• EBMUD (Water)
• AT&T (Communications)
• Comcast/ Cablecom (Communications)
• City of Richmond (Storm Drains)
• Stege Sanitary District, West County Wastewater District, and City of Richmond (Sanitary Sewer)
Full compensation for conforming to the provisions of this Section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
10-1.04 PROPERTY AND FACILITY PRESERVATION
Attention is directed to the provisions in Section 5-1.36, "Property and Facility Preservation”, of the State Standard Specifications and these Special Provisions.
The Contractor shall make a thorough investigation of the job site and size equipment accordingly. The Contractor shall select equipment to avoid damaging existing facilities, which include, but are not limited to: street paving, traffic controls, sidewalks, curbs and gutters, etc. The Contractor at no cost to the City shall restore any damage City of Richmond
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SP-9 Special Provisions
caused by oversized equipment.
Full compensation for complying with the above provisions shall be considered as included in the contract price for the various bid items and no separate payment will be made.
10-1.05 SUBMITTALS
The Contractor shall provide submittals for all materials, product data, working/shop drawings, diagrams, schedules, or other data prepared by the Contractor in accordance to the Contract requirements. The submittals shall not modify any Contract requirement.
The Contractor shall provide a certificate of compliance from its material suppliers, in advance of the work, that each conforms to the requirements of these specifications. The C ontractor shall also furnish to the City in triplicate, certified copies of all factory and mill test reports when required by the Engineer. The Certificate shall be signed by the manufacturer of the material. The City reserves the right to refuse to per mit the use of material on the basis of a Certificate of Compliance alone.
The list of technical submittals shall include, but not be limited to the following:
(a) Schedules of work
(b) Concrete mix
(c) Steel reinforcement
(d) Masonry Units
(e) Aggregate Base
(f) Hot Mix Asphalt
(g) Galvanized steel members and roofing
(h) Hot water heater
Submittals shall be shown on the schedule and shall not be critical path items of work.
All Contractor required submittals, except as noted, shall be reviewed by the Engineer and returned to the Contractor within 10 working days from the date of receipt by the Engineer. In addition, the Contractor shall allow the City identical time periods for any rejected submittals that are re-submitted for approval.
The Engineer’s review of Contractor shop drawing submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimension. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contract or shall be responsible for the dimensions and the design of adequate connections and details. Acceptance by the Engineer of a substitute item proposed by the Contractor shall not relieve the Contractor of the responsibility for full compliance with the C ontract Documents and for adequacy of the substitute item.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.06 MOBILIZATION
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; for the construction schedule, any necessary topographic surveying and traffic control plan for each work area; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.
Mobilization shall comply with Section 9-1.16D of the Standard Specifications and these provisions.
The contractor shall photograph or video the entire site, each storefront and residence, and each existing City of Richmond
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SP-10 Special Provisions
improvement prior to construction. The contractor shall also document the location and type of existing signs so that they may be replaced in kind.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.07 CONSTRUCTION LAYOUT
The work in this section includes the furnishing of all labor, equipment, materials, tools, and incidentals and performing all operations in connection with construction survey and layout and all work necessary t o provide for proper layout of the work, and detail necessary to define construction layout and staking requirements of this project.
Contractor shall be responsible to set control points/lines at the work site and provide and establish the construction s taking for all improvement work shown on the Contract Drawings. It shall be the Contractor's responsibility to layout the work from the information shown on the Contract Drawings.
Full compensation for complying with the above provisions shall be conside red as included in the contract price and no separate payment will be made.
10-1.08 CLEARING, GRUBBING, AND ENVIRONMENTAL PROTECTION
Clearing, Grubbing and Removals shall conform to the provisions of Section 16 “Clearing and Grubbing” of the State Standard Specifications and these Special Provisions. Clearing, Grubbing and Removals shall consist of thoroughly sweeping and cleaning surfaces prior to resurfacing, removal and disposal of raised pavement markers, existing weeds, brush, or other objectionable material in or along the edge of areas to receive work.
Contractor shall keep existing streets free from dirt and debris at all times. Contractor shall be prepared to sweep surfaces immediately at the request of the Engineer should he deems it is necessary for safety of public and to avoid damage to properties.
Existing thermoplastic pavement markings shall be removed in accordance with Section 15.2.02B of the State Standard Specifications and all applicable state laws and regulations.
Existing pavement markers shall be removed in accordance with Section 15- 2.02C of the State Standard Specifications.
Contractor shall remove existing landscaping (hard and soft) which is in conflict with the new improvements.
Attention is directed to Section 7 -1.01G, “Water Po llution”, of the State Standard Specifications, and these Special Provisions. The contractor shall keep all substances used in or resulting from his work out of the gutters, storm drains and creeks, including but not limited to: employee and subcontractor training and instruction, dry cleanup of spills, wet -vacuum of saw cutting slurry, proper disposal of cement and paint, proper handling of hazardous materials and hazardous waste, blocking of storm drains, shoveling dirt and debris from gutters, covering materials stored outside, sweeping pavements and approach streets, and erosion controls (straw bales, silt fences, detention basins, etc.) at grading sites. It shall be the Contractor’s responsibility to monitor and maintain all such measures on a daily o r more frequent basis, including on non- work days and during storms. In addition, all catch basins at the project site, and which are determined by the City Engineer to have been affected by the construction, shall be cleaned out by the Contractor at the end of the project.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.09 DUST CONTROL
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-11 Special Provisions
Dust control shall conform to the provisions in Section 14 -9.03, "Dus t Control" of the Standard Specifications and these Special Provisions. Contractor shall exercise diligence in preventing dust nuisance. When necessary or when directed by the Engineer, the Contractor shall apply water for laying dust. Water shall be applied by means of pressure type distributors equipped with a spray system that will insure a uniform application.
The prices paid shall include full compensation for furnishing all labor, materials, tools and equipment and performing all work involved as s pecified. The payment for water and its distribution shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefor.
10-1.10 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS
Description. The work consists of furnishing all labor, materials, equipment, tools and incidentals and performing all operations in connection with the following: the installation, maintenance and removal of construction area signs; public vehicular and pedestrian traffic control; construction traffic control and all work necessary within the limits of the project to provide for proper traffic control. Traffic control shall be per the Caltrans Standard Plans ( 2010 as amended). Contractor shall not block entrances to any pr operty. Contractor shall provide steel plates, temporary driveway access or stage work as necessary in order to provide access to residences at all times. Contractor shall also maintain at least one lane of travel at all times using flagmen as necessary t o direct traffic, unless otherwise allowed herein. Contractor shall provide a detailed Traffic Control Plan to Engineer for approval before any work begins.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.11 OBSTRUCTIONS AND EXISTING FACILITIES
Attention is directed to Section 5- 1.36, "Property and Facility Preservation”, and Section 15, "Existing Facilities" of the Standard Specifications and these Special Provisions.
Attention is directed to the presence of underground utilities in the construction area. The Contractor shall exercise due caution in performing his work so as to not damage the utilities. The Contractor shall obtain existing utility locations by contacting the USA Locating Service, telephone number (1 -800) 642-2444, at least two working days prior to performing any excavation. Contractor shall make his own determination if existing utilities need to be carefully excavated (“potholed”) to determine actual location and depth. No separate payment for potholes will be made. Contractor shall notify the City promptly and before disturbing any hazardous waste or other unusual conditions discovered while potholing.
Utilities and underground pipel ines, which are to remain in place shall be worked around and protected from damage or interruption of service. The Contractor shall notify the City and the responsible utility company when any utility must be relocated or set to grade by the utility compa ny in order for the Contractor to complete the Scope of Work.
Existing facilities shown on the plans or marked in the field to be removed shall be removed in accordance with the provisions of Section 15, “Existing Facilities”, of the State Standard Specif ications, the contract drawings, these special provisions, and as directed by the Engineer.
Not all existing facilities to be removed are shown on the plans. Facilities to be removed shall be marked in the field by the Engineer.
There are a few existing underground utilities that might experience insufficient cover during the excavation work.
The Contractor shall identify these utilities prior to start of work and protect them during construction. Method of protection shall be approved by the Engineer. The cost of repair work due to the failure of the Contractor to City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-12 Special Provisions
exercise care will be incurred by the Contractor.
The Contractor shall perform normal verification and location of existing utilities, street light conduits, and traffic signal conduits requ ired by the Standard Specifications. In addition, as directed by the Engineer prior to street reconstruction, the Contractor shall pothole to verify the horizontal location and/or depth of existing utilities, as shown on the plans, in the Special Provisi ons and/or approved by the Engineer. Payment for compliance with this section shall be deemed included in the various other items of work and no additional compensation will be allowed therefor.
The Contractor shall pothole potential utility conflicts as described herein, and directed by the Engineer, or as shown on the Plans, prior to commencing the installation or construction of facilities. Prior to potholing, the Contractor shall call USA to locate and mark all existing utilities in the vicinity of t he pothole. The potholing and submittal of the results for all pothole sites shall be done as a first order of work so that the Engineer has sufficient time to address any conflicts. Removal or reworking of facilities installed without utility potholing shall be performed prior to any excavation in the project areas.
After potholing, the Contractor shall backfill the excavation and restore the pavement surface in accordance with these specifications.
Full compensation for complying with the above provis ions shall be considered as included in the contract price and no separate payment will be made.
10-1.12 EARTHWORK
Earthwork shall conform to the applicable provisions in Section 19, “Earthwork”, of the State Standard Specifications and these Special Provisions.
Earthwork shall include all excavation and/or backfill associated with the installation of the concrete foundation , as well as grading and subgrade preparation.
Materials including failed street areas, pavement fabric, tree roots, sub grade, or base m aterial which are removed from the worksite to accommodate the installation of new facilities shall become the property of the Contractor and shall be disposed of outside the road right -of-way at a legal dumpsite. Disposal shall be performed on the same day that waste material is generated.
The subgrade for the full depth asphalt concrete pavement sections shall be prepared to achieve a 2% cross slope of the finish grade of the full depth asphalt concrete pavement. The Contractor shall identify the require d lines levels and contours and flag locations of known utilities. Grading shall be done to the required lines and grades to achieve a 2% cross slope and to tie the new pavement to the existing improvements to remain.
Contractor shall moisture condition the subgrade material to the optimum moisture content as obtained by ASTM D 1557 and compact to 95% maximum dry density as determined by ASTM D 2922. Contractor shall provide laboratory compaction curve results and compaction testing results to Engineer. Subgrade areas that do not meet the compaction requirements shall be reworked and retested or over-excavated as described below.
All unsuitable material (see Section 10- 1.24, “Unsuitable Material”) shall be over -excavated to a depth of 6 to 12 inches and replaced with aggregate base. Prior to replacing the void with aggregate base, the contractor shall moisture condition and compact the new sub- grade to 95% relative compaction and subsequently install a geogrid (i.e. Tensar BX 1200 or approved equivalent). The aggregate base shall then be moisture conditioned, placed and lifts not to exceed 6 inches and compacted to 95% relative compaction. Underground utilities that may be encountered during excavation shall be protected in place and covered with Controll ed Low Strength Material (CLSM). The CLSM shall be placed on top of the underground utility for its protection up to the top of the new subgrade (=bottom of new full depth AC pavement).
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-13 Special Provisions
Full compensation for complying with the above provisions shall be co nsidered as included in the contract price and no separate payment will be made.
10-1.13 CLASS 2 AGGREGATE BASE
Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, “Aggregate Bases ”, and compaction shall conform to Section 26-1.03D of the State Standard Specifications and these Special Provisions.
Aggregate base exceeding a workable moisture content will be rejected by the Engineer and shall be immediately removed from the project site by the Contractor. At least 4 inches of aggregate base shall be placed under concrete curb & gutter unless shown otherwise on the plans.
The grading of the material shall conform to the ¾ inch, maximum, specified in Section 26- 1.02A, “Class 2 Aggregate Base”, of the State Standard Specifications.
Aggregate base shall be spread in accordance with the provisions of Section 26- 1.03C, "Spreading" and Section 26 -
1.03D, "Compaction", of the State Standard Specifications. Spreading and compacting shall be performed by methods that will produce a uniform base, firmly compacted and free from pockets of coarse or fine material. No spreading operation shall begin until the physical characteristics of aggregate base have been approved by the Engineer.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.14 UNSUITABLE MATERIAL
Unsuitable Material shall conform to Section 19, "Earthwork," of the State Standard Specifications and these specifications. Unsuitable Mater ial, for the purposes of this project, shall be any excavation within the prism of the roadway directed by the Engineer as stated below.
The Engineer may direct the Contractor to perform additional roadway excavation for areas in which unsuitable material is encountered. The depth and limits of the additional excavation shall be determined by the Engineer and any excavation beyond the limits determined by the Engineer shall be at the Contractor's expense. The unsuitable material resulting from the addition al roadway excavation shall become the property of the Contractor and shall be removed from the Right of Way. Excavated areas shall be backfilled as described in Section 10- 1.17 “Earthwork”, of these Special Provisions.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.15 ASPHLAT CONCRETE
This work includes producing and placing hot mix asphalt (HMA) Type A using the “Standard” process.
Comply with Section 39, "Asphalt Concrete" of the 2018 edition of Standard Specifications. The Contractor shall use performance for testing asphalt compaction.
Submit the tensile strength ratio results for untreated HMA to the Engineer with the job mix formula (JMF).
With the JMF submittal, submit to the Engineer and the lab the following: Moisture Test, samples for California Test 371 split from your mix design samples of:
1. Aggregate
2. Supplemental fines
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3. Asphalt binder
4. Antistrip treatment
On the first production day and at least every 5,000 tons, sample HMA and test under California Test 371. Submit the test results to the Engineer.
On the first production day, submit samples from your HMA production sample for California Test 371 the Engineer and the Lab.
Submit the California Test 371 test results for mix design and production electronically to the City certified lab.
Use a laboratory certified by the City to perform California Test 371.
The City does not use your California Test 371 test results to determine specificat ion compliance.
Materials
The grade of asphalt binder mixed with aggregate for HMA Type A must be PG-64-10.
The aggregate for HMA Type A must comply with the 1/2” grading for the final lift and 3/4” grading for the lower layers and base failure repairs as shown on the plans.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.16 EXCAVATION, BEDDING, AND BACKFILL
The Contractor shall provide all labor, materi als, and equipment necessary to perform all excavation, bedding, backfill and grading operations required for construction of underground pipeline and related appurtenances.
QUALITY ASSURANCE
A. The Engineer will provide all compaction testing for the project.
B. Where soil material is required to be compacted to a percentage of maximum density, the maximum density at optimum moisture content will be determined in accordance with ASTM D 1557. Where cohesionless, free draining soil material is required to be comp acted to a percentage of relative density, the calculation of relative density will be determined in accordance with ASTM D 4253 and D 4254. Field density in-place tests will be performed in accordance with ASTM D 1556, ASTM D 6938. At a minimum, compaction tests shall be conducted for each fifty (50) feet of trench and for each two (2) feet of trench depth.
C. If a first test and a subsequent re -test of the bedding or backfill show non- compliance with the density required under this Section, the Contractor s hall remove and re-compact the material represented by the test/retest as necessary to ensure compliance. The Contractor shall pay costs for re-tests.
D. The Contractor shall provide access in the excavation for the soil compaction testing technician and Engineer. This shall include providing site -specific safety equipment and temporary shoring to enable compaction testing at each required level within the excavation. Should the Contractor have backfilled to an elevation above that required to be tested, he or she shall excavate the backfill down to the necessary level for testing and provide shoring at his or her cost. Subsequent backfilling shall also be at the Contractor’s cost.
SUITABLE TRENCH BEDDING AND BACKFILL MATERIAL
A. There are three trench backfill zones. Allowable backfill materials include:
1. Pipe Bedding shall be Class 2 Aggregate Base conforming to the Section 14.20 AGGREGATE BASES of these Special Provisions.
2. Intermediate Backfill shall be class be class II backfill as previously described or native material from the trench excavation. Native material shall be free from vegetable matter, debris and refuse, shall City of Richmond
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contain no concrete, stones or clods larger than four (4) inches in any dimension and shall contain sufficient fines so that all voids will be filled when compacted, and shall be so constituted that compaction requirements can be met. The use of native backfill must be approved by the Engineer before proceeding.
3. Pavement Structural Section – Shall be class II aggregate base as previously described.
B. The Contractor may use a Controlled Low Strength Material conforming to Section 19 -3.02F of the Standard Specifications for trench backfill in any or all of the zones if approved by the Engineer.
UNSUITABLE MATERIAL
A. Unsuitable materials for bedding and backfill shall include soils, which when classified under ASTM D 2487 fall in the classifications of PT, OH, CH, MH, or OL. In addition, any soil that cannot be sufficiently compacted to ac hieve the percentage of maximum density specified for the intended use shall be considered unsuitable.
B. Materials which are too wet to be compacted to specified compaction shall not be rejected solely because they are too wet for proper compaction. The Cont ractor may at its option, dry these materials to the satisfaction of the Engineer prior to compaction.
C. Backfill placed within six (6) inches of any structure or pipe shall be free of rocks or unbroken clods of earth larger than four (4) inches in any dimension.
D. All material that is determined to be unsuitable for use as bedding and backfill or that is in excess of the amount required shall be removed immediately and disposed of properly by the Contractor as described in Section 14.10 DISPOSAL OF MATERIALS of these Special Provisions.
EXECUTION - GENERAL
A. There are underground utilities crossing and parallel to the trench alignment. Not all are shown in the Plans. The Contractor shall contact Under ground Service Alert, perform a field investigation, and complete potholing as described in Section 14.8 UTILITIES of these Special Provisions.
B. There may be parallel utility pipelines and trenches located near the new pipeline. The Contractor shall protect these existing pipelines in place.
C. Water to control dust resulting from grading operations, excavation, backfill, and the passage of traffic through the work area shall be applied by means that w ill ensure a uniform application of water with no runoff.
D. Except when specifically provided to the contrary, excavation shall include the removal of all materials of whatever nature encountered, including all obstructions of any nature that would interfere with the proper execution and completion of the work. The removal of these materials shall conform to the lines and grades shown on the plans or as directed by the Engineer. Unless otherwise provided, the entire construction site shall be stripped of all vegetation and debris, and such material shall be removed from the site prior to performing any excavation or placing any fill.
E. The Contractor shall remove and dispose of all excess excavated material, pipelines, and related appurtenances as required in Section 14.10 DISPOSAL OF MATERIALS.
F. The Contractor shall furnish, place, and maintain all supports and shoring that may be required for the sides of the excavations, a nd all pumping, ditching, or other measures required for the removal or exclusion of water, including storm water, groundwater, and wastewater reaching the site of the work from any source so as to provide dry working conditions and to prevent damage to the work or adjoining property. See Section 14.4 TRENCH SAFETY of these Special Provisions.
G. Prior to commencing the excavation, the Contractor shall evaluate existing flows in storm drain pipes and assess the ability to plug the pipe upstream. If high flows are found, the Contractor shall implement a diversion system. The diversion system must be approved by the Engineer. The Engineer will not pay the cost to install a storm water diversion system.
H. Excavation under structures, manholes, vaults and others: Except where otherwise specified for a particular structure or directed by the Engineer, excavation shall be carried to the grade of the bottom of the bedding. Where shown on the plans or directed by the Engineer, areas beneath structures shall be City of Richmond
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over-excavated. The exposed surface shall be scarified to a depth of six (6) inches, brought to optimum moisture content, and compacted to ninety- five percent (95%) Relative Compaction. Where over - excavation is directed by the Engineer to provide for the placement of foundation rock over wet or soft soils, scarification and re-compaction shall not be performed.
TRENCH EXCAVATION
A. In locations without asphalt or concrete, the Contractor shall remove vegetative matter as described Section 14.12 CLEARING AND GRUBBING of these Special Provisions.
B. The Contractor shall saw cut asphalt and concrete in accordance with Section 14.13 SAW CUTTING of these Special Provisions. The Contractor shall remove the pavement as described in Section 14.14 ASPHALT PAVEMENT REMOVAL and Section 14.15 CONCRETE REMOVAL of these Special Provisions.
C. Excavation for pipelines shall be made only after pipe and other necessary materials are delivered on the site of the work. After such delivery, trench excavation shall proceed as rapidly as possible, and the pipe installed and the trench backfilled without undue delay. In public street areas, excavation and pipe installation shall be coordinated to the end that a minimum of interference with public traffic will result.
D. The trench shall be excavated to the width and depth shown in the Plans and as described in these Special Provisions.
E. The Contractor shall dewater the excavation according to Section 14.24 DEWATERING of these Special Provisions.
F. The pipe bedding shall be given a final trim, using a string line for establishing grade, such that each pipe section when first laid will be continual ly in contact with the bedding along the bottom of the pipe. The Contractor shall excavate bell holes at pipe joints.
G. For trenching in existing streets, excavation and pipe installation shall be coordinated so that no more than one hundred (100) linear feet of trench shall be open at any time. Backfilling operations shall closely follow pipe installation. All trenches shall be fully backfilled at the end of each day or, properly shored and covered by heavy steel plates adequately braced and capable of suppo rting HS-20 vehicle loads in those locations subject to traffic and with one and one -eighth (1- 1/8) inch plywood in off road locations where it is impractical to backfill at the end of each day. Traffic plates shall be staked in place, with adjacent plate s tack- welded together, and shall be provided with non- skid coating. Compacted cold mix asphalt shall be placed around the plate perimeter to provide a smooth transition from adjacent pavement.
EXCAVATION IN VICINITY OF TREES
Trees shall be protected fro m injury during excavation and backfilling operations. The Contractor shall expect to encounter tree roots. When found, the Contractor shall contact the Engineer immediately for review by an arborist. The Contractor shall complete tree protection as directed by the arborist.
BEDDING AND BACKFILL
A. Except for required foundation material (in an envelope of geotextile fabric) coarse bedding material being placed in over -excavated areas, where water or soft ground is present, backfill shall not be placed until after all water is removed from the excavation according to Section 14.24 DEWATERING.
B. Pipe zone bedding and backfill operations shall be performed in accordance with the following requirements:
1. Type I Bedding and Backfill Material (Class 2 Aggregate Base) shall be placed and properly compacted in the pipe zone. The pipe zone is defined as that portion of the vertical trench cross -section lying between a plane four (4) to six (6) inches below the bottom surface of the pipe, i.e., the trench sub - grade, and a plane at a point twelve (12) inches above the top outside surface of the pipe. The sub- zones of the pipe zone are defined as follows:
"Bedding is that portion of the Pipe Zone between the bot tom of the trench or the top of required foundation material and the lowest point on the outside surface of the pipe barrel excepting bells; a. “Haunching" is that portion of the Pipe Zone between the top of the Bedding and the horizontal centerline of the pipe;
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b. "Shading" is that portion of the Pipe Zone between the top of the Haunching and a horizontal plane from six (6) to twelve (12) inches above the highest point on the outside surface of the pipe barrel excepting bells and as shown in the Plans.
C. Controlled Low Strength Material (CLSM) can be provided in lieu of Type I Bedding and Backfill Material.
Contractor shall provide a method to prevent pipe from floating during backfill. The remaining portions of the trench shall be backfilled as specified elsewhere in this Section.
D. After compacting the bedding, the Contractor shall perform a final trim using a stringline for establishing grade, such that each pipe section when laid will be continually in contact with the bedding along the bottom of the pipe. The Contractor shall provide bell holes at each pipe joint.
E. Backfill in trenches shall be placed uniformly on each side of the pipe to prevent displacement. The Contractor shall exercise care to prevent damage to the pipeline coating, cathodic bonds, or the pipe itself during the installation and backfill operations. The Contractor shall hand shovel slice the bedding along the sides of the pipe in order to ensure filling any voids under the pipe haunches.
F. A colored detectable metallic foil core plastic tape, at le ast three (3) inches in width, shall be placed on top of the pipe zone backfill wherever sewers are installed. The tape shall have printed on it the words “Caution: Sewer Buried Below.” The warning tape shall be utilized for all pipes (mains and laterals).
G. After the pipe zone backfill has been placed as specified above, and after all excess water has completely drained from the trench, backfilling of the trench zone may proceed. The trench zone is defined as that portion of the trench excavation between the top of the Shading and the ground surface in unpaved areas, and the horizontal plane at lowest point of the pavement structural section in paved areas.
H. "Final Backfill" is that portion of the Trench Zone in paved areas between the top of the trench backfi ll and the lowest point of the pavement structural section.
PLACING AND SPREADING OF BACKFILL
A. Backfill materials shall be placed and spread evenly in layers. The backfill layers shall be evenly spread so that each layer shall not exceed eight (8) inches in un-compacted thickness. Backfill layers greater than eight (8) inches but no more than twenty-four (24) inches may be used after the Contractor demonstrates by compaction testing that required compaction levels will be achieved.
B. During spreading, each la yer shall be thoroughly mixed as necessary to promote uniformity of material in each layer. Pipe zone backfill materials shall be manually spread around the pipe so that when compacted, the pipe zone backfill will provide uniform bearing and side support.
C. Where the backfill material moisture content is below the optimum moisture content, water shall be added before or during spreading until the proper moisture content is within the range where the specified compaction can be achieved.
D. Where the backfill material moisture content is too high to permit the specified degree of compaction, the material shall be bladed, aerated or dried and/or mixed with dryer material until the moisture content is satisfactory.
E. Whenever selection is possible, embankment material having a sand equivalent value of less than ten (10) shall be deposited in the lower portions of embankments and no such material shall be placed within three (3) feet of planned finished grade.
F. When the embankment material consists of large rocky materi al, or hard lumps such as hardpan or cemented gravel which cannot be broken readily, such material shall be well distributed throughout the embankment, and sufficient earth or other fine material shall be placed around the large material as it is deposited so as to fill the interstices and produce a dense compact embankment, but in no case shall any material exceed twenty-four (24) inches in any dimension.
COMPACTION OF BACKFILL
A. Each layer of backfill material as defined herein, shall be mechanically comp acted to the specified percentage of maximum density. Equipment that is consistently capable of achieving the required degree of compaction shall be used and each layer shall be compacted over its entire area while the material is at the required moisture content. Compaction at the top of the pipe zone shall be done using a plate compactor.
B. Flooding, ponding, or jetting shall not be used.
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C. Equipment weighing more than ten thousand (10,000) pounds shall not be used within a horizontal distance equal to the de pth of the trench. Hand operated power compaction equipment shall be used where use of heavier equipment is impractical or restricted due to weight limitations.
D. The following compaction requirements shall be in accordance with ASTM D 1557 except for free d raining materials (i.e., Coarse Bedding Material/Drain Rock/Foundation Material), which shall be in accordance with ASTM D 4253 and D 4254 for cohesionless free draining type materials.
Location or Use of Fill Percent (%) Relative Compaction Pipe zone backfill including bedding 90 and over
excavated foundation zone
90 Final backfill beneath paved areas or 95 structures 95 Trench backfill in unpaved easement or future 90 street areas 90 Trench Zone backfill 90
Backfill under structures 95
Backfill around structures under paved areas 95
Backfill around structures in landscaped areas 90
Embankment material 90
E. The Contractor shall maintain the indicated trench cross section at a minimum of twelve (12) inches above the top of the pipe (the top of the “Pipe Zone”).
TEMPORARY PAVING
A minimum of two (2) inches of cold or hot mix temporary asphalt shall be placed in finished trenches and rolled to a smooth surface at the end of each day unless final paving can be completed or steel plates are used to cove r trenches in paved streets. The temporary asphalt shall be placed within one -quarter (1/4) inch of finished pavement grade. The Contractor shall be responsible for removal of all temporary paving.
LANDSCAPE RESTORATION
All landscape restoration including the restoration of any landscaping, irrigation, hardscape, brick work or walls removed or damaged during the trenching and backfill work shall be replaced in-kind at the Contractor’s expense unless otherwise provided for on the bid sheet.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.17 POTABLE WATER SYSTEM
This section applies to site water distribution system for domestic and irrigation use. The Contra ctor shall supply the following materials:
A. Pipe: Shall be copper ASTM B 88, Type K, seamless water tube, annealed. Type K
1. All main lines shall be 2-in in diameter
2. All risers to hose bibs shall be ¾-inch in diameter
3. All fittings (such as reducers, elbows, and tees) for pipe and related appurtenances shall be copper B. Valves: Shall be lead-free bronze gate valves conforming to AWWA C800 C. Valve Box and Cover: 9-inch minimum diameter box with extensions of length required for depth of bury of valve, and cast iron or ductile iron cover with lettering “WATER”. Both the box and the cover shall be rated for AASHTO H20 loading.
1. Hose bib: Shall be ¾” in diameter brass (MPT x MHT)
2. Warning Tape: Non-detectable 3-inch warning tape made of solid blue film with continuously printed black-letter message reading “CAUTION—WATER LINE BURIED BELOW.”
The Contractor shall install pipe, fittings, and appurtenances utilizing best practices, manufacturer’s instructions and in the alignment shown in the Plans and as directed by the Engi neer. All excavation, bedding, backfill, and City of Richmond
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compaction shall be in accordance with Section 1.16 EXCAVATION, BEDDING, PIPE INSTALLATION, AND BACKFILL.
Before lowering pipe into the trench, remo ve all stakes, debris, loose rock and other hard materials from the bottom of the trench. Lay accurately in conformance with lines and grades indicated. Lay pipe on a bed of bedding material specified and prepared by handwork, dug true to grade. Furnish fi rm bearing for pipe throughout its entire length with bell holes provided at the ends of each pipe length of sufficient size to permit making up the particular type of joint being used. Adjust pipe to line and grade by scraping away or filling and tamping material under the body of the pipe for the entire pipe length and not by blocking or wedging. After final positioning, hold pipe in place in trench with backfill material placed equally on both sides of the pipe at as many locations as required to hold the pipe section in place.
When necessary to conform to the alignment specifically indicated, lay pipe on a curved alignment by means of asymmetrical closure of joints or bending of the pipe barrel. If necessary, use shorter than the standard lengths of pipe to achieve curvature specified. Do not exceed the recommendations of the pipe manufacture for deflections at the joints or pipe bending.
Close open ends of pipes and appurtenance openings at the end of each day’s work or when work is not in progress.
Install warning tape approximately 1-foot above and along the centerline of the pipe. Where tape is not continuous, lap tape ends a minimum of 2-feet.
The Contractor shall provide the following tests upon completion of installation:
A. Provide all necessary materials and equipment, including water.
B. Backfill all trenches sufficient to hold pipe firmly in position.
C. Allow time for thrust blocks to cure prior to testing.
D. Flush all pipes prior to testing to remove all foreign material.
E. Perform pressure and leakage test concurrently.
F. Test pressure: See Subsection titled “System Performance Requirements.” G. Apply test pressure by means of a pump connected to the pipe.
H. Base test pressure on the elevation of the lowest point in the line.
I. Fill each closed valve section or bulk-headed section slowly. Expel air from section being tested by means of permanent air vents installed at high points or by means of temporary corporation cocks installed at such points. Remove and plug the temporary corporation cocks at the conclusion of the test.
J. Allow the system to stabilize at the test pressure before conducting the leakage test.
K. Do not operate valves in either the opening or closing direction at differential pressures above the valves rated pressure.
L. Maintain test pressure as specified for type of pipe being tested.
M. Pressure Test: Examine any exposed pipe, fittings, valves, hydrants and joints during the test, if no leaks are observed the section of line has passed the pressure test. If leaks are observed, repair any damaged or defective pipe, fittings, valves, or hydrants, and repeat the pressure test.
N. Pressure and Leakage Test: Maintain the test pressure, +/ - 5 psi, for a minimum of two hours. The Engin eer will accept no leakage from the system.
With the Engineer’s approval of the piping system, the Contractor shall disinfect the system as in AWWA C651 and the following:
A. Disinfect after pressure and leakage test have been performed and accepted.
B. The method used shall be at the Contractor’s option.
C. Engage the services of a commercia l testing laboratory, approved by the Engineer, to perform the bacteriological tests specified in Section 5.1 of AWWA C651. Direct the testing laboratory to send the original report of the bacteriological testing to the Engineer. Should the laboratory repo rt show that any sample taken was not acceptable, repeat the sterilization process shall until a satisfactory sterilization is accomplished.
D. Lawfully dispose of the chlorinated water.
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The Contractor shall furnish and install a backflow prevention device t hat complies with the East Bay Municipal Utility District’s (EBMUD) requirements and on their approved list. The backflow assembly’s must be installed between 12 inches and 36 inches above grade. There must be 12 inches clear around the assembly. The Contr actor shall contact EBMUD and coordinate an inspection prior to completion of the work. If the device does not pass, the Contractor shall make corrections at no additional cost to the Engineer.
Full compensation for complying with the above provisions sha ll be considered as included in the contract price and no separate payment will be made.
10-1.18 WATER SERVICE
This section applies to site water distribution system for. The Contractor shall supply the following materials:
The Engineer has completed an applicat ion to EBMUD and has permission for the water service to be connecting to the existing non -potable irrigation main line . The Contractor shall coordinate with the City of Richmond Parks Department for installation of a water service to the enclosure.
Full compensation for complying with the above provisions shall be paid as bid item 200 and no separate payment will be made.
10-1.19 SANITARY SEWER SYSTEM
The Contractor shall install all sanitary sewer pipelines in accordance with the following:
A. All materials and installation shall be consistent with the requirements of the City of Richmond.
B. Pipe materials and installation procedures shall be in accordance with the pipe manufacturer's recommendations unless otherwise specified in this Section, or in the specific Section of these Specifications for the particular pipeline material being used.
C. Pipe sizes cited in these Specifications refer to the nominal diameter of the pipe in whole inches.
D. For a particular sewer installation, pipe and manufactured fittings connect ing pipe between structures shall be of one and only one manufacturer's brand and of the same type, quality, class and size.
E. Where field cuts are required, the Contractor shall use tools and/or equipment recommended by the pipe manufacturer. No hammer and chisel cuts will be permitted.
F. All pipe and fittings delivered to the jobsite shall be marked by the manufacturer with such inventory and identification (Brand Name, Pipe Type, Strength Class, Batch Lot, Lengths, etc.) as to be properly identified in the f ield as meeting the requirements of these Specifications.
PRODUCTS
All sewer pipes shall be SDR35 polyvinyl chloride (PVC) pipe complying with ASTM D3034 and ASTM F679.
EXECUTION
Sewer pipelines shall be constructed to the alignment and grade shown on the plans, and in compliance with the specified requirements of this Section and of the specific Section of these Specifications for the particular pipeline material being used.
SEWER INSTALLATION
A. In addition to potholing existing utilities along the sewer’s alignment as described in Section 14.8 UTILITIES of these Special Provisions, confirm the depth and size of the pipe at the point of connection.
Note any discrepancies found to the Engineer immediately.
B. Sewer pipelines shall have a minimum wall-to-wall horizontal clearance of three (3) feet and a City of Richmond
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minimum vertical clearance of twelve (12) inches from all other improvements and utilities unless otherwise shown on the plans or as approved by the Engineer.
C. Where sewer pipelines are to be installed near potable water pipelines, wall -to- wall sewer-to- water pipeline separation shall be in conformance with the latest edition of the California Building Code.
D. The Contractor shall trench for the sewer main as described in Section 1.16 EXCAVATION,
BEDDING, PIPE INSTALLATION, AND BACKFILL
E. The Contractor shall provide a properly calibrated laser instrument and an operator who is qualified and trained in the operation of the particular laser instrument being used.
F. Pipe shall not be laid when the Engineer determines that the condition of the trench is unsuitable.
G. If the sewer is to be laid in an area that is to be filled, and the cover prior to filling is less than the required minimum cover specified pipe material and type, the pipe shall not be laid until the area has been properly filled and compacted to a level at least equal to required minimum cover above the proposed pipe, unless otherwise authorized by the Inspector.
H. Pipe, fittings and appurtenances shall be carefully handled and protected against damage, impact shocks, and free fall. Pipe shall be stored in a manner which will protect it from damage at the trench site or elsewhere. The Contractor shall inspect each pipe and fitting prior to installation to determine that only undamaged material is installed.
I. Before placement of pipe in the trench, each pipe or fitting shall be thoroughly cleaned of any foreign substance and shall be kept clean at all times thereafter.
J. Sewer pipelines shall be laid upgrade from the point of connection to the existing sewer with the bell end at the upgrade end of each pipe length.
K. Non-marring slings shall be used for lowering each length of pipe into the trench (chai ns shall not be used). The pipe shall be laid on properly compacted bedding material as specified in Section 14.25 EXCAVATION, BEDDING, PIPE INSTALLATION, AND BACKF ILL. No blocking will be permitted and the pipe shall have full bearing for its entire length between bell holes excavated in said bedding material to prevent point loading at the bells or couplings and to allow for unobstructed assembly of all joints. Ex cavation shall be made as needed outside the normal trench section at field joints to permit adequate access to the joints for field connection operations and for application of coating on field joints. After jointing is completed, bell holes shall be backfilled with properly compacted bedding material, taking care not to damage, move, or lift the pipe from its bedding support.
L. Where it becomes necessary to modify the design pipe alignment to resolve conflicts with unforeseen obstructions or other causes, the Contractor shall propose a revised alignment to the Engineer who may allow installation per the revised alignment or may require that the revision be submitted to the Engineer for consideration. Such revision may be made by the deflection of joints, by the use of fittings or by forced bending of the pipe if permitted, however, in no case shall the deflection in the pipe or at any joint exceed the maximum deflection recommended by the pipe manufacturer.
M. Sewer pipes, branches, stubs, or other open ends whi ch are not to be immediately connected, shall be plugged or capped.
N. The Contractor shall take all necessary precautions to prevent excavated or other foreign material from getting into the pipe during the laying operations. At all times when laying operations are not in progress and at the close of the day’s work, the openings of all pipe and specials, whether in the trench or in storage, shall be protected with suitable bulkheads to prevent unauthorized access by persons, animals, water, or any undesirable substance.
O. The Contractor shall prevent the pipe from floating during and after its installation.
P. The Contractor shall test the sewer line as described in Section 14.32 SANITARY SEWER AND STORM DRAIN CLEANING, TESTING, AND TELEVISING of these Special Provisions.
Q. Provide clean-outs as shown in the plans, label the lid with, “SS”.
CONNECTIONS TO EXISTING SEWERS
A. Existing sewers are shown on the plans at the locations where new sewers are to be City of Richmond
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connected. It is the responsibility of the Contractor to determine the exact location and depth of the existing sewers prior to the installation of any sewer pipe. New pipe shall be plugged with mechanical plugs until further connection is necessary.
B. Where the connection is to be made into an existing manhole, the Contractor shall make the connection by core-drilling through the manhole shelf to the existing channel, installing the new pipe, finishing a new channel within the manhole and repairing any damage to the structure.
C. All new pipe shall be plugged with an approved mechanical plug or brick/mortar until the line is completed and ready for testing.
Full compensation for complying with the above provisions shall be considered as included in the contract price and no separate payment will be made.
10-1.20 ELECTRICAL SERVICE
Service shall conform to the provisions in Section 86- 2.11, “Service,” of the Standard Specifications and these special provisions. The new electrical service will serve the trash enclosure.
The Contractor shall install the service cabinet to provide metered and un- metered electrical service as shown in the Plans. The service cabinet (120/240 volt single phase) shall have a maximum 200 amp capacity and provide ove rcurrent protection as noted in the Plans. The service cabinet shall have lighting controls as noted in the Plans.
This work shall include the construction of up to 100 feet of three inch conduit between the service cabinet and the point of service define d by Pacific Gas and Electric. It also includes the conduit and conductors between the trash enclosure and the service cabinet. The Contractor shall provide up to two pull boxes.
Full compensation for complying with the above provisions shall be conside red as included in the contract price and no separate payment will be made.
10-1.21 TRASH ENCLOSURE
The Contractor shall construct the trash enclosures as shown in the Plans. All materials shall conform to the provisions shown in the Plans. Additionally, the Contractor shall furnish and install the following:
A. Provide a tankless electric water heater to provide a 40 degree heat rise at 2 GPM.
B. Ceiling light, switch, and related electrical appurtenances C. Steel bollards
D. Stainless steel hose rack
E. 35-foot 5/8” garden hose
F. Copper piping, hose bid, valves, and appurtenances
G. Floor drain and trap
H. Lockable metal cage with lock
I. Lock for main doors
The Contractor shall finish the enclosure as follows:
A. All galvanized surfaces shall be left in their natural state unless damaged. If damaged, they shall receive a coating of galvanizing paint.
B. All non-galvanized metal surfaces shall be primed and receive two coats of paint. The color shall be a semi -gloss dark grey.
C. All masonry units hall be primed and receive two coats of paint. The color shall be a flat grey.
The Contractor shall provide a color palette to the Engineer; final color selection will be provided by the City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
SP-23 Special Provisions
Engineer.
Full compensation for complying with the above provisions shall be paid as bid item 300 and no s eparate payment will be made.
City of Richmond
Trash Enclosure
PP-24 Proposal Package
CITY OF RICHMOND
DEPARTMENT OF ENGINEERING & CAPITAL IMPROVEMETN PROJECTS
P R O P O S A L
The undersigned declares that he has carefully examined the location of the proposed work of:
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California.
Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein and the Contract annexed hereto and also in accordance with the Standard Specifications dated July 2002, and the current "Equipment Rental Rates and General Prevailing Wage Rates" on file in the office of the City Clerk of the City of Richmond.
To the City of Richmond Department of Public Services:
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion wi th any other person, firm or corporation; that he has carefully examined the location of the proposed work; and the Plans therein referred to; and he proposes, and agrees if this Proposal is accepted, that he will contract with the City of Richmond to prov ide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following item prices to wit:
Number Item Unit Cost Quantity Unit Total Cost
100 Site Preparation 1 LS
200 Trash Enclosure 1 LS
Base Bid Total (figures)________________________________________________________________________
Base Bid Total (words)_________________________________________________________________________
Name of Company____________________________________________________________________________ Bids are require d for the entire work. The amount of the bid for comparison purposes shall be the Total Bid. The contract will be awarded to the lowest responsive, responsible bidder based on the Total Bid.
The bidder shall set forth each item of work, in clearly legib le figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item.
In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the "Total" column shall be the item price.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-25 Proposal Package
2. As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding.
The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids.
It is hereby agreed that the undersigned, as Bidder, shall furnish a Faithful Performance Bond and a Payment Bond, each in an amount equal to one hundred percent (100%) of the total amount of this proposal, to the City of Richmond and at no expense to said City, executed by a responsible surety acceptable to said City, in the event that this Proposal is accepted by said City of Richmond.
If this Proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the two (2) bonds in the sums to be determined as aforesaid with surety satisfactory to the City of Richmond within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the Contract has been awarded, the City of Richmond may, a t its option, determine that the Bidder has abandoned the Contract and thereupon this Proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this Proposal shall operate and the same shall be the property of the City of Richmond.
Accompanying this Proposal are (Note: Insert the words "Cashier's Check," "Certified Check," or "Bidder's Bond" as the case may be) in an amount equal to at least ten percent (10%) of the total bid, Bidder's Statement of Subcontractors, Bidder’s Statement of Suppliers for Major Equipment and Materials and Experience Qualifications.
Bidder acknowledges receipt of the following addendum(s):
Addendum Date Initial
The undersigned is licensed in accordance with the Act providing for registration of contractors, License No. , Expiration Date .
Name of Bidder
Signature of Bidder
Name and Title
Business Address
Telephone Number:
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-26 Proposal Package
Fax Number:
Email:
(If an individual, so state. If a partnership, state the name of the partnership and supply information to the satisfaction of the Director covering the authority of the individual or individuals who have signed the Proposal to sign on behalf of the partnership. If a firm or corporation, state the leg al name of the firm or corporation and supply information to the satisfaction of the Director concerning the authority of the individual or individuals who have signed the Proposal to sign on behalf of the firm or corporation.)
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-27 Proposal Package
NONCOLLUSION AFFIDAVIT TO BE EXECUTED AND SUBMITTED WITH BID
All bidders shall complete the following form and submit it with their bids:
State of California
County of ________________
[name]____________________________, being first duly sworn, deposes and says that h e or she is [title]______________________ of [company]________________________, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, or connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-28 Proposal Package
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, , as Principal, and , as Surety, are hereby held and firmly bound unto the Ci ty of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind o urselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attache d hereto and hereby made a part hereof, to enter into a contract in writing for the .
NOW, THEREFORE, if said bid submitted by the Principal be accepted and the co ntract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and ins urance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.
The Surety, for value received, hereby s tipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this day of , 20 .
By:
Title
By:
Title:
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-29 Proposal Package
FORM A-1
BIDDER STATEMENT OF SUBCONTRACTORS
NAME OF BIDDER: __________________________________ PROJECT NAME OR DESCRIPTION: 2019 Slurry Seal Project
COMPANY NAME
AND ADDRESS
CONTACT PERSON
AND
TELEPHONE #
ITEM
DESCRIPTION
CHECK BOX
IF FIRM IS
RBE
PROPOSED
SUBCONTRACTOR
AMOUNT AND
PERCENT OF TOTAL
BOD
SUBCONTRACTOR’S
CSLB LICENSE NUMBER
AND DIR NUMBER
Amount
Percent
CSLB
DIR
Amount
Percent
CSLB
DIR
Amount
Percent
CSLB
DIR
Amount
Percent
CSLB
DIR
Amount
Percent
CSLB
DIR
Amount
Percent
CSLB
DIR
Amount
Percent
CSLB
DIR
TOTAL
Amount
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-30 Proposal Package
Percent
PRINT NAME TITLE
SIGNATURE DATE
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-31 Proposal Package
FORM A-2
BIDDER STATEMENT OF MAJOR SUPPLIERS
NAME OF BIDDER: _______________________________________________ PROJECT NAME OR DESCRIPTION: 2019 Slurry Seal Project
COMPANY NAME
AND ADDRESS
CONTACT PERSON
AND
TELEPHONE #
ITEM
DESCRIPTION
CHECK BOX
IF FIRM IS
RBE
PROPOSED SUPPLIER
AMOUNT AND PERCENT
OF TOTAL BID
SUPPLIER’S DIR NUMBER
Amount
Percent
Amount
Percent
Amount
Percent
Amount
Percent
Amount
Percent
Amount
Percent
Amount
Percent
TOTAL
Amount
Percent
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
PP-32 Proposal Package
PRINT NAME TITLE
SIGNATURE DATE
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-1 Appendix A
APPENDIX A
SAMPLE AGREEMENTS
Construction Agreement
Payment Bond
Performance Bond
First Source Agreement
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-2 Appendix A
CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 2018, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________, [IDENTIFY CORPORATE FORM] (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. On ______________, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of _________________, located at ____________ (the “Project”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.
Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”
Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
Section 1.3 Payments.
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or o bstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-3 Appendix A
(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
(c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now havin g or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter
2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and we ek, City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-4 Appendix A
and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project.
Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight - hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be m aintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections.
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times f or the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty -five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.
(b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-5 Appendix A
The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days.
If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project. (c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’ s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance wi th appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner. (e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement.
(f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specificat ions, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-6 Appendix A
2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon sa tisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. (b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contra ct between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent sha ll hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-7 Appendix A
Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for pub lic work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).
Section 1.12 Job Site Notices.
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Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
Section 1.13 Municipal Code Chapter 2.65 Requirements.
Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requi rement to provide information of prior criminal convictions on employment applications.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any int erest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
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Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly r esponsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees. Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
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2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2015 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.”
(c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority. (d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter. (e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar re quirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor dur ing performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment. Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim. Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim.
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(d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty- five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code ) of submittal, it shall be deemed denied.
2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of t he issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
3. Within ten (10) busine ss days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion t hat is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitte d to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City a nd Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.
4. Failure by City to respond to a Claim wi thin the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failu re to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualificatio ns of the claimant filing the Claim.
5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Gove rnment Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3.
In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100
th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a City of Richmond
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timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harml ess, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor ’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts. (c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section
3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funde d pursuant to this Agreement or who is in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
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(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:
XXXX
XXXX
XXXX
Attn: XXXX
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns.
Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an i nterest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
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Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force -Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, s etting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be requir ed to agree to cumulative Force- Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force -Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obli gations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project. The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
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[Signatures on following page]
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WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:
XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________
City of Richmond
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Exhibit A
City of Richmond
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Bond No.:_______________________
PAYMENT BOND
That we, as Principal, and , organized and
existing under the laws of the State of and authorized to execute bonds and undertaking as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code , Section 3181, whose claim has not been pai d by the contractor, company, or corporation in the aggregate total of _______________________________________ _ for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract dated with the City of Richmond to do the following work, to wit:
Now, therefore, if the above bounden Principal or a subcontractor fails to pay any of the persons named in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 1302 0 of the Unemployment Insurance Code , with respect to such work and labor that the sureties will pay for the same and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court. The Principal may require of the subc ontractors a bond to indemnify the Principal for any loss sustained by the Principal because of any default by the subcontractors.
This bond shall be insured to the benefit of any persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252, inclusive, and all amendments thereto.
The surety hereby waives notice of any alteration in the contract or extension of time made by the parties.
Signed and sealed this day of , 20 .
By:
Title
By:
Title:
City of Richmond
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Bond No.:_______________________
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Richmond entered into a contract dated______________________________________ , with ________________________________, hereinafter referred to as the "Principal", for the work described as follows:
and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW, THEREFORE, we, said Principal, and _____________________ organized and existing under the laws of the State of ________________________________ and duly authorized to transact business under the laws of the State of California and to execute bonds and unde rtakings as sole surety, hereinafter referred to as "Surety", are held and firmly bound unto the City of Richmond in the penal sum of _______________________________________________, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Ci ty of Richmond, with or without notice of the Surety, and shall fully indemnify and save harmless the City of Richmond, its officers, employees and agents, from all costs and damages which they suffer by reason of the failure to do, and shall reimburse and repay the City of Richmond, its officers, employees and agents, all outlay and expense which they may incur in making good any default, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The Surety , for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obl igation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
As a part of the obligation secured hereby and in addition to the fac e amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judg ment rendered.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____________ day of _____________, 20 .
By:
Title
By:
Title:
City of Richmond
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CITY OF RICHMOND
FIRST SOURCE AGREEMENT
(SAMPLE)
RECITALS
THIS FIRST SOURCE AGREEMENT is entered into on the date stated below by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter the “City”), and _________________________ (hereinafter the “Employer”).
WHEREAS, the Employer has been awarded a contract, forgivable loan or subsidy by the City and/or the Richmond Community Redevelopment Agency, dated _____________________________,20___ (hereinafter the “Contract”) to perform certain work and provide certain services at ________________________________in Richmond, California, described as follows:
WHEREAS, the Employer, in addition to the Contract, agrees to enter into this First Source Agreement (hereinafter the “FSA”) with the City;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Compliance with Chapter 2.56. Employer will comply with the terms of Chapter 2.56 of the Richmond Municipal Code, Local Employment Program (hereinafter the “Ordinance”), a copy of which is attached hereto and incorporated herein by reference.
2. Liaison. Employer shall designate a liaison for issues related to the Ordinance and this FSA. The liaison shall work with designated City of Richmond staff to facilitate effective implementation of the Ordinance and this FSA (hereinafter the “Designated City Staff”).
3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS – Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY) . Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinafter the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a description of job responsibilities and City of Richmond
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qualifications, including expectatio ns, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited to skills directly related to performance of job duties. (d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.”
(e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit this information to the ETD. (f) Transfer and Promotion. Nothing c ontained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.
4. Monthly Reports. Employer shall, on a monthly basis, furnish certified payroll sheets to ETD. Failure to provide the City with this information shall result in delay of progress payments for that portion which is deemed not in compliance with the provisions of this FSA.
5. Quarterly Reports. Employer shall prepare qua rterly reports detailing the number of hires for employment in furtherance of the Contract during the quarter and stating what percentage of such hires were residents of Richmond, California. The Designated City Staff shall assist Employer by preparing for ms to be completed for this purpose. Reports shall be filed with the ETD within thirty (30) days after the completion of each quarter. Reports may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.
6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non -Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non- compliance; the specific action required to correct the non -compliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing.
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
A-22 Appendix
(b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer. (c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written “Notice of Correction of Non-Compliance,” specifying the original noncompliance which has been corrected. (d) In the event the Executive Director or designee does not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non - Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance. (e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days a fter receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance. The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action.
(f) In the event no Request for Hearing is timely made, the determination of failure to correct non- compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non-compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.
Executed this _________ day of ________________________________, 20_______.
EMPLOYER CITY OF RICHMOND
By: ____________________________________ By: __________________________________ Name: _________________________________ Name: _______________________________
Title: __________________________________
Approved as to form:
___________________________________
City Attorney
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
B-1 Appendix
APPENDIX B
INSURANCE REQUIREMENTS
Exhibit “F”
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
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 fo r which it has agreed to provide Commercial General and Auto Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability and auto liability coverage as well as a waiver of subrogation for Workers’ Compensation Insurance shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) in
cluding coverage for operations, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Ori
ginal and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equi
valent) and Auto Liability with primary and non-contributory language.
4. Workers’ Compensation Insurance as requ ired by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogati on for Workers’ Compensation Insurance.
6. Builder’s Risk/Course of Construction insurance covering al l 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. Contract or’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 Empl
oyers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
B-2
Exhibit “F”
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
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
combin
ed)
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.
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 occurr ence for bodily injury and property damage.
Policy shall be endorsed to name the City of Richmond as an additional insured per the language detailed below.
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. F
or 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 wa
ive all rights 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 in
stallation, 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 and Automobile Liability Coverage.
The City of Richmond, its officers, officia ls, employees, agents and volunteers are to be named as additional insureds for all liability arising out B-3
Exhibit “F”
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
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 endorsem
ent must not exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogatio n in favor of the City for Workers Compensation 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 dedu
ctible and/or self-insured
retention for each loss.
Cancellation
Cancellation (continued)
Each required policy shall be endorsed to state that coverage sha ll not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
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 a
s Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project
)
The Contractor shall provide:
1. A Bid bond
2. A Performan ce Bond
3. A Payment Bo nd
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 non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
B-4
Exhibit “F”
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Contin
uous 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.
Repo
rting 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.
B-5
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
C-1 Appendix
APPENDIX C
ELECTRONIC CERTIFIED PAYROLL
F-2
Certified Labor Compliance Payroll Report Submission via Anovo Systems, LLC: The Prime Contractor is required to register to utilize Anovo Systems, LLC for inputting certified payroll and related information as well as contract payment tracking information for itself. The Prime Contractor is responsible to enforce these requirements on all tiers of subcontractors providing work on behalf of the applicable project. Anovo Systems, LLC can be readily accessed remotely through the web at the following url: www.anovosys.com and is independent of the awarding agency. It has been optimized for use on tablets as well as cell phones. All tiers of contractors must submit all related documentation through Anovo Systems, LLC. Once the agency establishes the project in Anovo System, Inc. and identifies their awarded Prime Contractor, the Prime Contractor will receive a Log-In and Password to begin utilizing the system. The Contractor is required to contract with Anovo Systems, LLC for the entire duration of project construction.
The Prime Contractor will be charged a monthly fee of $150 for all contracts below $5 million. All contracts in excess of $5+ million will be charged $300 monthly. All charges will be assessed on the Prime Contractor until the City of Richmond files a project notice of completion. The Prime Contractor’s initial payment is due within 30 days of the Notice to Proceed date with regular payments due every thirty days or no later than the 21st of the month, whichever comes first. All payments shall be made payable to the Anovo Systems, LLC and must reference the applicable project number(s) and the month for which the payment is being made and shall be sent by the Prime Contractor to Anovo Systems, LLC, 333 Hegenberger Road, Suite 750, Oakland, CA 94621. There will not be any fees assessed to subcontractors of any tier for access to the system. Access may be suspended for payments more than 30 days in arrears.
California Department of Industrial Relations (CA DIR) SB854 requires all tiers of contractors to be registered with the CA DIR on an annual basis. Our system will verify all tiers of contractors’ registration status when the contractor is initially being added to the system, with the potential of not allowing unregistered contractors to move forward in their registration process until the registration is received and documented on the CA DIR registration database as directed by the City of Richmond. CA DIR SB854 also requires all certified payroll reporting information to be submitted through their eCPR system.
They have enabled and Anovo Systems, LLC has the capability to upload the applicable certified payroll reports directly into the DIR eCPR system by utilizing an upload function using DIR’s eCPR XML Schema to remove duplicative work.
Anovo Systems, Inc. provides benefits seamlessly aggregating project labor and contract compliance data within a single system. This process allows for ease of compliance determinations as well as providing statistical analyses of how public agency money is spent among their targeted workforce as well as targeted contractors, whose economic development and growth the agency seeks to promote.
The City of Richmond will host a monthly training session that all tiers of contractors listed on a City of Richmond Public Works project may attend. Details regarding the training session shall be disseminated to Prime Contractors after receipt of their Anovo Systems, LLC initial payment. Anovo Systems, LLC also maintains a robust help function and allows you to submit questions via email, with both operations residing within the system.
F-3
Also, a City of Richmond computer with online capability to access Anovo Systems, LLC is available, as needed, Monday through Friday between the hours of 10:00 am and 4:30 pm. To arrange additional training on the use of Anovo Systems, LLC or to use the City’s computer, the Contractor’s payroll resource (staff or business service) may contact Priscilla Mars, Anovo Systems, (510) 986-1100 ext 6.
While the submission of hard copies of certified payrolls is no longer necessary with the implementation of this program, contractors and subcontractors will continue to be required to submit a signed, original affidavit, made under penalty of perjury - that states that the information contained in each submitted Anovo Systems, LLC payroll record is true and correct. Electronic submittal of weekly payroll information is consistent with California Department of Industrial Relation Public Works payroll reporting requirements.
Payment: The Contractor shall absorb in the bid all costs incurred from these electronic payroll submission requirements.
CITY OF RICHMOND
UNITY PARK PROJECT
CITY OF RICHMOND
UNITY PARK PROJECT APP D-1 APPENDIX D
APPENDIX D
SOIL MANAGEMENT PLAN
This appendix consists of the following documents:
- ‘Soil Management Plan for Unity Park’, February 2014
- ‘Review of Current Unity Park Development Plans and Alternative Recommendations for Soil Disposition, Unity Park, Richmond, California’, March 22, 2016
Questa Engineering Corporation | i | 1300143_Soil_Mgmt_Plan / February-2014
TABLE OF CONTENTS
1.0 INTRODUCTION............................................................................................................. 1
1.1 OBJECTIVE .................................................................................................................................... 1
1.2 POTENTIAL RECEPTORS ............................................................................................................ 1
2.0 BACKGROUND ............................................................................................................... 2
2.1 SITE LOCATION AND HISTORY ................................................................................................ 2
2.2 PHYSICAL SETTING .................................................................................................................... 2
2.3 PROPOSED DEVELOPMENT ....................................................................................................... 2
2.4 ENVIRONMENTAL SITE INVESTIGATIONS ........................................................................... 3
3.0 SOIL MANAGEMENT MEASURES FOR PROTECTION ....................................... 4
3.1 PRE-CONSTRUCTION ACTIVITIES ........................................................................................... 4
3.2 WORKER SAFETY ........................................................................................................................ 4
3.3 NEIGHBORHOOD PROTECTION ............................................................................................... 4
3.4 SOIL MANAGEMENT IN USE AREAS ....................................................................................... 5
4.0 STORMWATER AND EROSION CONTROL ............................................................ 7
5.0 SOIL TESTING AND ANALYSIS ................................................................................. 8
6.0 DUST MONITORING AND RECORD KEEPING ...................................................... 9
6.1 General ............................................................................................................................................. 9
6.2 Visible Dust During Site Activities ................................................................................................. 9
6.2.1 Visible Dust Crossing the Property Boundary ................................................................................ 9
6.2.2. On-Site Visible Dust ..................................................................................................................... 9
6.3 Windblown Visible Dust During Inactive Periods ........................................................................ 10
6.4 Dust Monitoring ............................................................................................................................. 10
6.5 Record Keeping and Reporting ...................................................................................................... 10
FIGURES
Questa Engineering Corporation | 1 | 1300143_Soil_Mgmt_Plan / February-2014
1.0 INTRODUCTION
Questa Engineering Corporation (Questa) has prepared this Soil Management Plan (SMP) on behalf of the City of Richmond Department of Parks and Recreation for the proposed Unity Park Project (the Site). The Site is located within the Richmond Greenway Project, from 2nd Street to Harbour Way and from 20th Street to Marina Way, in Richmond, California (Figure 1).
This SMP specifies soil management protocols for soil disturbance activities to be completed at the Site, such as landscaping, excavation and grading, stockpiling, hauling and utility installation. This SMP also provides disposal criteria.
This SMP is designed to be used in conjunction with the other administrative controls (e.g., health and safety plan, regulatory permits) to be established for the Site. This SMP does not address future development activities beyond the proposed conceptual plan.
It is anticipated that implementation of this SMP will be the responsibility of the Richmond Department of Parks and Recreation; however, the protocols presented in this SMP are to be used by all parties involved in soil disturbance activities (soil excavation, grading, utility installation, landscaping, and hauling).
1.1 OBJECTIVE
The primary objective of this SMP is to provide protocols for the management of residual amounts polycyclic aromatic hydrocarbons (PAHs), arsenic, chromium and other potential soil contaminants associated with a former railroad corridor in a manner that is: (1) protective of human health and the environment, including construction workers, local neighbors and park users; and (2) consistent with the planned redevelopment.
1.2 POTENTIAL RECEPTORS
Potential receptors of concern include construction and maintenance workers who will be engaged in soil disturbance activities such as excavation, grading, utility installation, landscaping and hauling; as well as nearby residents of the Site who could potentially be exposed to airborne dust due to soil disturbance.
Receptors will also include park visitors and travelers through the Richmond Greenway, and especially those who utilize the proposed community gardens, orchards, lawn areas and playground and recreational facilities.
Questa Engineering Corporation | 2 | 1300143_Soil_Mgmt_Plan / February-2014
2.0 BACKGROUND
2.1 SITE LOCATION AND HISTORY
Unity Park is situated within the Richmond Greenway, a three-mile bike and pedestrian trail corridor oriented east-west along Ohio Avenue largely occupying an abandoned railroad right-of-way. The project Site is split into two sections, separated by six city blocks; the western section follows the Richmond Greenway from 2nd Street to Harbour Way, and the eastern section follows the Richmond Greenway from Marina Way to 20th
Street.
From 1904 to 1979 the Site operated as a railroad corridor, utilized by the Atchison Topeka and Santa Fe (ATSF) Railroad Service for freight and passenger trains. Rail service ceased operations in 1979 and the land was deeded to the City, remaining vacant until 1994 when the City removed the tracks and graded sections of the site. In 2004, the Richmond Greenway Project began to develop a pedestrian and bike connecting trail from the Ohlone Greenway, located at the east end, to Garrard Boulevard at the west end where it is planned to link to the San Francisco Bay Trail network.
2.2 PHYSICAL SETTING
The Site is situated on the coastal lowland area of the East Bay Plain, above deep, poorly consolidated to partially consolidated alluvial soils consisting primarily of medium stiff to stiff sandy lean and fat clays inter-bedded at depth with stiff clayey silts, medium dense to dense sandy gravel and sands of Pleistocene and Holocene age. Alluvial depths in the western portion of Unity Park (2 nd to Harbour Way Streets) are
estimated at between 200 to 500 feet and in the eastern portion (Marina Way to 20 th Street), alluvial depths are estimated at 50 to 200 feet. Near surface soils derived from the eastern hills or marine deposits are classified as Clear Lake clays on U.S. Department of Agriculture Soil Survey Maps (Soil Survey of Contra Costa County, 1977). These soils are characterized by slow infiltration rates and are poorly drained due to relatively flat topography. The alluvium is underlain at depth by Franciscan Complex bedrock of various types. Approximately one (1) to as much as five (5) feet of fill may have been placed over the native Clear Lake soils during the historical development of the site as a former rail corridor and the subsequent re-grading of the area to create the Richmond Greenway.
The Unity Park elevations vary from approximately 15 feet above mean sea level (msl) at 2nd Street to approximately 45 feet msl at 28th Street. The Western portion of the site is less than one mile north of the Richmond Inner Harbor and approximately 1.5 miles south of the nearest major drainages, Wildcat Creek and San Pablo Creek. Groundwater is expected to be at depths greater than 6 feet and is not likely to be encountered during any construction activities.
2.3 PROPOSED DEVELOPMENT
The Proposed Project is to develop a community park known as Unity Park within the Richmond Greenway, including two sections that are separated by six city blocks into eastern and western sections (Figure 2). The western section, located from 2nd to Harbour Way, is proposed to be developed with community garden plots including raised-bed planters and a park area between 8 th and Harbour Way that
includes a small fruit tree orchard, an enclosed playground, raised planter beds, entry archways, and other features. The eastern section, from 20th Street to Marina Way, is proposed to be developed as a Community Plaza that would connect the park to surrounding streets and transportation corridors including an open-air gazebo and restroom. The eastern section also includes proposed plans to surround the Community Plaza with a nature-themed, fenced children’s play lot, a large lawn covered picnic and
Questa Engineering Corporation | 3 | 1300143_Soil_Mgmt_Plan / February-2014 active recreational area, a small orchard of fruit and shade trees, and additional garden plots including raised beds.
The development proposes minimal to no grading. All soils imported for edible botanical use in raised- bed planters and fruit tree plantings are to consist of clean, imported soil obtained from a commercial source of residential garden soil. All children’s play areas are proposed to be covered with clean, import soil that is screened and selected in accordance with California Department of Toxic Substances Control (DTSC) guidelines for import fill, known as the Clean Fill for Schools guideline. The proposed method to prevent direct contact with existing soils (with potential low levels of metals contamination and PAHs) is to cover with geotextile, import clean soil or topsoil to bring areas to grade and playground materials such as bark or engineered wood fiber.
Excavation and stockpiling of potentially contaminated soils will be associated with tree installation, underground utility installation, foundations, irrigation systems, and signage. Other minor soil excavation may be associated with other activities.
2.4 ENVIRONMENTAL SITE INVESTIGATIONS
A CEQA Initial Study/Mitigated Negative Declaration (IS/MND) for the Richmond Greenway Project was completed in 2004 by LSA Associates, and stated, “no soils collected from the Site were found to contain a listed chemical contaminant that exceeded the range of EPA Region 9 Preliminary Remediation Goals (PRGs) screening levels” and concluded that no mitigation measures were required. At that time no specific development plans were available for the Unity Park portion of the Richmond Greenway. After the adoption of the Richmond Greenway Master Plan, the City prepared specific development plans for the Unity Park Project. A CEQA IS/MND Addendum focusing on project-specific elements of the Unity Park Project was completed in March 2013 by LSA Associates. The CEQA Mitigation, Monitoring and Reporting Plan (MMRP) called for the preparation of this Soil Management Plan.
Much of the updated project-specific information forming the basis of the March 2013 CEQA IS/MND addendum was drawn from a recently completed U.S. EPA Region 9 Targeted Brownsfields Assessment (TBA) for the Site. The TBA Final Report (Weston, February 2013) identified generally elevated levels of polycyclic aromatic hydrocarbons (PAHs), arsenic, and chromium. However, the investigation and report, which were commissioned by the EPA, did not recommend soil remediation activities such as excavation and off-haul of contaminated soils. Additional testing of soil was identified as a possible future activity that might be needed during redevelopment of the project site that would include soil disturbance, re-use or off-haul from the site. The Weston report provided recommendations for redevelopment of the project Site as follows: (1) redevelopment of the site for recreational uses may require an additional layer of clean fill and/or topsoil to avoid unnecessary contact with contaminated soils; and (2) utilize raised planter beds with clean, imported topsoil for community gardening activities.
These recommendations have been incorporated into the proposed Project Description.
The 2013 CEQA IS/MND Addendum concluded the updated project-specific “Hazards/Hazardous Materials” section with the statement: “No new or substantially more severe significant effects would occur and no additional mitigation measures are required.” Any minor soil remediation/management activities that will be undertaken by the City during site construction activities will be considered a Voluntary Cleanup and no oversight by County Environmental Health, the Regional Water Quality Control Board or DTSC is anticipated.
Questa Engineering Corporation | 4 | 1300143_Soil_Mgmt_Plan / February-2014
3.0 SOIL MANAGEMENT MEASURES FOR PROTECTION
3.1 PRE-CONSTRUCTION ACTIVITIES
No soil remediation has occurred, nor is any planned. Although the completed environmental site investigations have concluded that no additional mitigation measures are required, common to many historic urban/industrial areas there are low level contaminants potentially present in the Site soils.
Environmental site investigations concluded that implementation of the project activities would not result in substantial risk to human health resulting from the presence of hazardous materials on or near the site during the operational period of the project provided certain precautions, such as the preparation of a SMP, were taken.
3.2 WORKER SAFETY
A Health and Safety Plan (HSP) will be required to be developed by the individual Contractors working at the project site. A model HSP will be provided as guidance to the Contractor in developing their own project and site specific HSP.
The Contractor’s project and site specific Health and Safety Plan should be provided to and reviewed with all site workers and a signature page documenting that worker’s have read and are aware of the potential project site hazards shall be signed by all worker’s. The potential for the presence of contaminants in the soil should be discussed at a health and safety meeting prior to the start of any construction activities and a tailgate safety meeting should be conducted on a daily basis at the start of work. Also, the importance of worker and site hygiene with respect to direct contact and inhalation of soils or dust should be stressed. A daily vehicle and equipment check should be performed to ensure that the necessary protective equipment is available to site workers to minimize contact with soils/dust. Level D protection, including use of safety glasses, steel toe/shank boots, hard hat, and safety vest protection is assumed to be the minimum level of protective equipment required.
3.3 NEIGHBORHOOD PROTECTION
( A) Dust Control. Spraying of water for dust control shall be done several times during the work day, and as necessary if dust persists. Spraying of water for dust control is particularly important during disturbance and shall be performed continuously during the stockpiling and loading of soils. Grading and loading work should not occur when wind speeds or gusts exceed 25 mph.
(B) Truck Route for Off-haul. Truck route shall be approved for neighborhood protection by the Construction Manager, prior to any transport or off-haul of Site soils. Normally, routes that minimize travel through residential neighborhoods are preferred.
(C) Air Quality Monitoring. No specific neighborhood air quality monitoring or construction worker personnel personal air quality monitoring is considered to be necessary. However this may be revisited if soil testing of stockpiles indicates elevated levels of chemicals of concern or if excessive visible dust is generated by project activities.
(D) Off-haul Control. All truck loads shall be covered to control loss of soils during transport and shall follow Caltrans load hauling requirements. All site soils to be off-hauled shall be sprayed with water prior to loading to provide dust control during loading and transport. All trucks shall pass over a tire-cleaning station, similar to those used for stormwater pollution prevention (SWPPP) prior to exiting
Questa Engineering Corporation | 5 | 1300143_Soil_Mgmt_Plan / February-2014 the Site. Neighborhood streets (first 500’ surrounding site) shall be swept using a wet power vacuum street sweeper at least once per day to prevent tracking of soils away from the project site.
( E) Inactive/Completed Areas. Dust palliatives shall be applied to inactive or completed areas as-needed to control dust if such areas are not scheduled to be paved or landscaped within 5 working days.
3.4 SOIL MANAGEMENT IN USE AREAS
( A) Imported Soil. All Imported soils (engineered fill, base rock, garden soils) shall be certified clean, and be accompanied by a Chain of Custody or Receipt of Purchase certifying the origin and contents being delivered. The Project Engineer or Inspector may request laboratory testing results for any imported soil material.
( B) Stockpiling . All excavated soils shall be stockpiled on top of 10 mil (or thicker) plastic sheeting with a minimum of 2-feet of sheeting extending beyond the limits of the stockpile bottom.
Stockpiles shall be arranged on site in the order that they were excavated; tracked with a sequential numbering system, date and description of origin – both sketched onto a site plan and stockpiles physically labeled; and shall not be mixed or combined unless approved by the Construction Manager.
Stockpiles shall remain covered by plastic sheeting with a minimum of 2-foot overlap held in place by straw wattles around the complete circumference of the stockpile, and shall remain on site until characterization of the stockpile is completed through sampling and off site laboratory testing for contaminants of concern. Characterization sampling and testing may require up to two weeks to complete.
Stockpile characterization shall be performed under the direction of the Construction Manager.
( C) Soil Off-haul and Solid Waste Disposal. Soils are anticipated to be brought to a landfill that accepts Class II Special Waste or Class III Solid Waste. Transport of Site soils may be done by a driver that possesses a common Class 3 license with no additional certifications, provided that analytical testing results for the soils do not exceed Class 2 Special Waste levels. In the event that soil analysis results indicate that soils with concentrations exceeding the hazardous waste level are to transported, then a Certified Hazardous Waste Hauler should be used and the soils will be required to be hauled to a Class I hazardous waste landfill.
Following characterization of a soil stockpile to be transported off-site, a solid waste manifest suitable to the landfill disposal facility shall be produced by the Construction Manager and carried by the driver during delivery.
(D) Soil Quality Control (QC) in Specific Use Areas:
(1) Lawn Areas . Grade and excavate as necessary to meet rough site grade. Place geotextile filter fabric, such as Mirafi 160N or equivalent, according to manufacturer’s specifications and overlay a minimum of 8-inches of clean/ imported topsoil. Test and adjust soil to a pH of 6.5 to 7.5 (neutral soil pH reduces mobility of metals) or as directed by the Construction Manager in accordance with project plans.
(2) Shrub Landscape Areas . Import and mix a minimum of 25% organic matter with site soils. Test and adjust soil to a pH of 6.5 to 7.5 to reduce the mobility of metals in the soil or as directed by the Construction Manager in accordance with project plans.
Questa Engineering Corporation | 6 | 1300143_Soil_Mgmt_Plan / February-2014 (3) Paved Areas/Flatwork . Cut and stockpile soils in accordance with Section 3.4 to subgrade elevations as indicated on project plans. The final subgrade shall be made with imported Class 2 Aggregate Base (AB) at a minimum of 8-inches thickness or as directed on project plans. Recycled Class 2 AB may only be used underneath non-permeable pavement or concrete flatwork.
Since the proposed project may specify permeable or semi-permeable pavement sections, all such sections shall use certified clean, Virgin Class 2 AB of 8-inches minimum thickness or as specified on project plans, underlain by geotextile filter fabric, such as Mirafi 160N or equivalent.
(4) Utility Trench Backfill . All soils from utility trench excavation shall be stockpiled according to Section 3.4 . It is recommended that open utility trench cuts be backfilled with clean imported Virgin (non-recycled) Class 2 AB as an added safety measure to any future utility work, as well as for future delineation/identification purposes of utility trench locations.
(5) Orchard Areas . Excavate a minimum 10’-diameter by 3’-deep planting pit, and stockpile according to Section 3.4. Backfill with clean, imported topsoil.
(6) Edible Garden Areas . Use constructed raised beds only. Beds shall be filled with clean, imported garden soil from an approved source. The Construction Manager shall review and approve submittals for clean garden soil.
(7) Children’s Playgrounds. Cut and stockpile soils in accordance with Section 3.4 to a minimum of 6-inches below final subgrade elevations as indicated on project plans. Replace the top 6- inches of subgrade below children’s playgrounds with clean imported backfill materials. The Construction Manager shall review and approve submittals for clean imported backfill materials under children’s playgrounds.
Questa Engineering Corporation | 7 | 1300143_Soil_Mgmt_Plan / February-2014
4.0 STORMWATER AND EROSION CONTROL
A Stormwater Pollution Prevention Plan (SWPPP) will need to be prepared for the overall project, since the total land disturbance encompassing all project activities will exceed one acre in size. The SWPPP will need to be prepared by a Qualified Stormwater Plan Developer (QSD) and implemented by a Qualified Stormwater Plan Practitioner (QSP). Since the proposed project will be constructed in phases, the SWPPP will need to be updated and revised from time to time.
The SWPPP should include best management practice (BMP) measures to address the following:
- Use of treated wood
- Use of paints
- Use of asphalt and concrete
- Grading and soil stockpiling
- Vehicle maintenance
- Dust control
- Use of a construction entrance and local street sweeping to prevent off-site tracking of soil
The Contractor will be responsible for SWPPP implementation, including all monitoring reporting and implementation of SWPPP elements, including the preparation, filing, and implementation of a Rainfall Event Action Plan (REAP). The Construction Manager shall document that required reports are submitted in a timely manner.
Questa Engineering Corporation | 8 | 1300143_Soil_Mgmt_Plan / February-2014
5.0 SOIL TESTING AND ANALYSIS
In general, on site re-use of excavated soils is discouraged due to the potential presence of contaminants of concern. Some minor site grading will be performed involving small isolated areas requiring cuts and fills less than one foot in thickness or where soils will be excavated to allow for construction of site improvements. If more substantial grading and re-use of excavated soils is planned under a project- specific grading plan, then additional site assessment and investigation for contaminants of concern would be required in accordance with recommendations of the Targeted Brownsfields Assessment (Weston, February 2013). Soils that are excavated and placed in stockpiles should not be re-used on the site and should be evaluated for proper disposal in accordance with all federal, state and local requirements for proper disposal of solid waste and potentially contaminated soils.
All soil to be off-hauled will require testing for proper landfill disposal characterization in accordance with specific requirements of the landfill site. Imported soil shall be from an approved commercial source, such as a quarry or commercial landscape materials supply company. The Construction Manager shall review and approve material sources.
In the absence of specific landfill sampling and testing requirements, the following shall be performed.
One composite sample from a minimum of four random sub-samples for each 100 cubic yards of soil shall be collected and submitted to a state-certified laboratory for testing of contaminants of concern. At a minimum, the testing should include the site contaminants of concern including polycyclic aromatic hydrocarbons (PAHs), Arsenic, total Chromium and Chromium VI. Additional testing may be required by the landfill.
All sampling and testing should follow the USEPA Environmental Response Team Standard Operating Procedures for Soil Sampling. Soil sampling procedures should include EPA protocol for sampling equipment use, decontamination and avoidance of cross-contamination of sample tools, use of proper sample containers, identification and labeling of samples with a unique sample number, chain of custody documentation, placing samples in a cooler, analytical testing requirements, and use of state-certified testing laboratories.
Questa Engineering Corporation | 9 | 1300143_Soil_Mgmt_Plan / February-2014
6.0 DUST MONITORING AND RECORD KEEPING
6.1 General
A publicly visible sign with the telephone number to contact regarding dust, noise, or odor complaints will be posted prior to starting construction and maintained during construction. For general complaints, the Contractor will respond and take corrective action within 24 hours. Specific complaints about visible dust will be addressed as specified below.
Monitoring to ensure compliance with the provisions of this SMP will be performed by the City Inspector or Construction Manager. Control of the visible dust will be the primary responsibility of the Contractor working at the Site. The City Inspector or Construction Manager will have the authority to direct the Contractor to implement the measures outlined below if visible dust or unusual odors are observed.
6.2 Visible Dust During Site Activities
The goal of this project is no visible dust. While it is understood that soil disturbance and excavation activities, by their nature, will produce dust, site controls will be used to mitigate visible dust as it is generated in an effort to achieve the no visible dust goal. This section establishes the steps that will be taken to meet the goal of no visible dust from soil disturbance or excavation in terms of the amount of time permitted to address visible dust plumes. The criteria in this section apply to an active work site when equipment and personnel are driving on the site and performing work activities. The “initial observation” starts the clock for the required response measures described below. The “initial observation” is the time any of the following personnel observe visible dust: (a) workers who are disturbing soils or excavating for the permitted activity or (b) any City Inspector or representative, supervisor, contractor or consultant who observes a problem.
6.2.1 Visible Dust Crossing the Property Boundary
In the event visible dust from soil disturbance or excavation is observed crossing the property boundary, the following procedures will be followed to ensure adequate mitigation measures are in place to address the dust:
A. The specific source of the dust emissions will be immediately shut down and a more aggressive application of the existing mitigation measures described in Section 3 will be directed.
B. Once the mitigation measures have been applied, the project activity will resume and observations will be conducted to verify that the mitigation measures were successful.
6.2.2. On-Site Visible Dust
In the event visible dust from soil disturbance or excavation is observed on-site, but does not cross the property boundary, the following procedures will be followed to ensure adequate mitigation measures are in place to address the dust:
A. A more aggressive application of the existing mitigation measures described in Section 3 including water spraying or additional methods of dust suppression will be directed to the specific source of emissions within 60 minutes of the initial observation.
Questa Engineering Corporation | 10 | 1300143_Soil_Mgmt_Plan / February-2014 B. If despite these more aggressive and/or additional measures the visible dust emissions continue for 90 minutes from the time of initial observation, the specific activity causing the dust emissions will be temporarily halted until the implemented dust control mitigation is effective, or no longer necessary due to changed conditions.
6.3 Windblown Visible Dust During Inactive Periods
The standards in this section apply on weekends and holidays or any other times when no equipment and personnel are performing work activities on site. In the event of observations of windblown visible dust plumes from soils originating on the Site, mitigation measures described in Section 3 will be directed less than 8-hours after the initial observation. Mitigation measures will be applied until visible dust plumes originating from the Site are minimized or eliminated. Any observations of visible dust originating from the Site during inactive periods should be reported to the City Inspector.
6.4 Dust Monitoring
If visible dust crossing the property boundary becomes an ongoing concern, then a real-time particulate dust monitoring device should be utilized to monitor dust concentration levels at the site. Monitoring should include upwind and downwind areas to establish background particulate levels in the upwind direction and actual levels of dust from site activities in the downwind direction. An action level of 50 micrograms per cubic meter difference in airborne concentration of dust from the upwind to the downwind direction will be used. If dust generated from on-site soil disturbance or excavation activities are recorded above the action level, the work will stop until additional controls are implemented to reduce dust generation from the specific work area causing the problem.
6.5 Record Keeping and Reporting
Dust monitoring data, including both visual observations and any real-time particulate dust monitoring, will be included with daily field construction reports. A data logger may be required to provide sufficient detail for active monitoring during dust prone activities.
Figures
City of Richmond
UNITY PARK- ILLEGAL DUMPING CLEAN UP AND PREVENTION ENCLOSURE
E-1 Appendix
APPENDIX E
STORMWATER PROTECTION FOR CONSTRUCTION CONTRACTS
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STORMWATER PROTECTION FOR
CONSTRUCTION CONTRACTS
The goal of these requirements is to prevent the pollution of storm water runoff from construction projects by keeping pollutants out of storm drains, reducing the exposure and discharge of materials and wastes to storm water, and by reducing erosion and s edimentation.
Storm drains discharge runoff directly to creeks and the Bay without treatment. City of Richmond is required under its stormwater discharge NPDES permit from the Regional Water Quality Control Board (RWQCB) to reduce pollutants in stormwate r runoff from construction sites to the maximum extent practicable.
A. General Requirements
The following requirements shall be met on all projects for City of Richmond.
1) Employee and Subcontractor Training and Awareness
a. The CONTRACTOR shall train all employees/subcontractors on the storm water pollution prevention requirements contained in these Specifications.
b. The CONTRACTOR shall inform subcontractors of the storm water pollution prevention contract requirements and include appropriate subcontract pr ovisions to ensure that these requirements are met.
c. The CONTRACTOR shall label new storm drain inlets, constructed as part of the project, with the “No Dumping” message (to obtain a stencil or marker, contact your local public works department or water quality agency).
2) Nonhazardous Material / Waste Management
a. Designated Area
The CONTRACTOR shall propose designated areas of the
project site, for approval by the ENGINEER, suitable for material delivery, storage, and waste collection that are near construction entrances and away from storm drain inlets, gutters, drainage courses, and creeks.
b. Granular Material
i) The CONTRACTOR shall store granular material at
least ten feet away from storm drain inlet and curb
returns.
ii) The CONTRACTOR shall not allow granular material
to enter the storm drains or creeks.
iii) When rain is forecast within 24 hours or during wet weather, the ENGINEER may require the
CONTRACTOR to cover granular material with a
tarpaulin and to surround the material with sand bags.
c. Dust Control
i) The CONTRACTOR shall use reclaimed water to
control dust on a daily basis or as directed by the
ENGINEER.
d. Street Sweeping
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i. At the end of each working day or as directed by the ENGINEER, the CONTRACTOR shall clean and
sweep roadways and on- site paved areas to remove all
materials attributed to or involved in the work. The
CONTRACTOR shall not use water to flush down
streets in place of street sweeping.
b. Recycling
i) The CONTRACTOR shall recycle aggregate base material, asphalt concrete, and Portland cement concrete.
ii) In addition, to the maximum extent practicable, the CONTRACTOR shall reuse or recycle any useful construction materials generated during the project.
c. Disposal
i) At the end of each working day, the CONTRACTOR shall collect all scrap, debris, and waste material, and dispose of such materials properly
ii) The CONTRACTOR shall inspect dumpsters for leaks and contact trash hauling contractors to replace or repair dumpsters that leak.
iii) The CONTRACTOR shall not discharge water on- site from cleaning dumpsters.
iv) The CONTRACTOR shall arrange for regular waste collection before dumpsters overflow.
3) Hazardous Material / Waste Management
a. Storage
i) The CONTRACTOR shall label and store all hazardous
materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil, antifreeze and mercury-containing devices such as thermostats and fluorescent light bulbs in accordance all applicable local, State and Federal regulations.
ii) The CONTRACTOR shall store all hazardous materials and all hazardous wastes in accordance with secondary containme nt regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rainwater as a hazardous waste.
iii) The CONTRACTOR shall keep an accurate, up -to-date inventory, including Material Safety D ata Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.
b. Usage
i) When rain is forecast within 24 hours or during wet weather, the ENGINEER may preve nt the CONTRACTOR from applying
chemicals in outside areas.
ii) The CONTRACTOR shall not over-apply pesticides or fertilizers and shall follow material manufacturers’ instructions regarding uses, protective equipment, ventilation, flammability, and mixing G-4
of chemicals. Over-application of a pesticide constitutes a “label violation” subject to an enforcement action by your local Agricultural Commissioner.
c. Disposal
i) The CONTRACTOR shall arrange for regular hazardous waste collection to comply with time limits on storage of hazardous wastes.
ii) The CONTRACTOR shall dispose of hazardous waste only at authorized and permitted Treatment, Storage, and Disposal Facilities, and use only licensed hazardous waste haulers to remove the waste off -site, unless quantities to be t ransported are below applicable threshold limits for transportation specified in State and Federal regulations.
iii) If the CONTRACTOR qualifies as a “Conditionally Exempt Small Quantity Generator” as defined under State and Federal regulations then the CONTRAC TOR may be able to dispose of this waste through a local sponsored small quantity generator program. Contact your local hazardous waste management agency for information on these programs.
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4) Spill Prevention and Control
a. The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on -site, and ensure that all employees know where these materials are and how to use them.
b. The CONTRACTOR shall immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials. If the waste is hazardous, the CONTRACTOR shall handle the waste as described in section A.3.c above.
c. The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. d. The CONTRACTOR shall report any hazardous materials spill to the local fire department.
B. Activity-Specific Requirements
The following requirements shall be met on all projects for City of Richmond that include the listed activities.
Dewatering Operations
Sediment Control
The CONTRACTOR shall route water through a control
measure, such as a sediment trap, sediment basin, or Baker tank, to remove settleable solids prior to discharge to the storm drain system.
Approval of the control measure shall be obtained in advance from the ENGINEER.
Filtration of the water following the control measure may be required on a case-by-case basis.
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the control measure requirement in i) above may be waived.
The CONTRACTOR shall reuse water for other needs, such as dust control or irrigation, to the maximum extent practicable.
Contaminated Groundwater
If the project is within an area of known groundwater
contamination, then water from dewatering operations shall be tested prior to discharge. If the water quality meets Regional Water Quality Control Board (RWQCB) standards, then it may be discharged to the storm drain. If the water quality meets local sanitary sewer pretreatment regulations, then it may be discharged to the sanitary sewer with prior approval from the local waste water management authority. Otherwise, the water shall be treated or hauled off-site for proper disposal.
If the project is not within an area of known groundwater contamination, then monitoring shall only be required if directed by the ENGINEER. The CON TRACTOR shall follow section
B.1.b.i above, if contamination is found.
If the project is found to be within an area of groundwater contamination not identified in the project specifications, a change order shall be negotiated to cover additional work performed by the CONTRACTOR.
Paving Operations
Project Site Management
When rain is forecast within 24 hours or during wet weather, the ENGINEER may prevent the CONTRACTOR from paving.
The ENGINEER may direct the CONTRACTOR to protect
drainage courses by using control measures, such as earth dike, and sand bag, to divert runoff or trap and filter sediment.
The CONTRACTOR shall place drip pans or absorbent material under paving equipment when not in use.
The CONTRACTOR shall cover storm drain inlets and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal.
If the paving operation includes an on- site mixing plant, the CONTRACTOR shall comply with General Industrial Activities Storm Water Permit requirements.
Paving Waste Management
The C ONTRACTOR shall not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into gutters, storm drains, or creeks. Instead, the CONTRACTOR shall either collect the sand and return it to the stockpile, or dispose of it in a trash container.
The CONTRACTOR shall not use water to wash down asphalt or concrete pavement.
Marking paint shall be removed from paving using dry methods such as a wire brush and vacuum. If water is used, all wastewater shall be collected and disposed of to a dirt area or to the sanitary sewer.
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Saw Cutting
During saw cutting, the CONTRACTOR shall cover or barricade storm drain inlets using control measures, such as filter fabric, straw bales, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a storm drain inlet, the CONTRACTOR shall ensure that the entire opening is covered.
The CONTRACTOR shall shovel, absorb, or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner.
If saw cut slurry enters storm drain inlets, the CONTRACTOR shall remove the slurry from the storm drain system immediately.
Contaminated Soil Management
On all projects involving grading or excavation, the CONTRACTOR shall look for contaminated soil as evidenced by site history, discoloration, odor, differences in soil properties, abandoned underground tanks or pipes, or buried debris. If the project is not within an area of known soil contamination and no evidence of soil contamination is found, then testing of the soil shall only be required if directed by the ENGINEER. The CONTRACTOR shall follow section B.4.b below, if contamination is found.
If the project is within an area of known soil contamination or evidence of soil contamination is found, then soil from grading or excavation operations shall be tested. The soil shall be managed as required by the local hazardous waste management agency.
If the project is found to be within an area of soil contami nation not identified in the project specifications, a change order shall be negotiated to cover additional work performed by the CONTRACTOR.
Concrete, Grout, and Mortar Waste Management
The CONTRACTOR shall store concrete, grout, and mortar away from drainage areas and ensure that these materials do not enter the storm drain system.
Concrete Truck/Equipment Wash Out
The CONTRACTOR shall not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks.
The CONTRACTOR shall perfor m washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. The CONTRACTOR shall let the water percolate into the soil and dispose of the hardened concrete i n a trash container. If a suitable dirt area is not available, then the CONTRACTOR shall collect the wash water and remove it off-site.
Exposed Aggregate Concrete Wash Water
The CONTRACTOR shall avoid creating runoff by draining water from washing of exposed aggregate concrete to a dirt area to percolate and evaporate. If a suitable dirt area is not available, then the CONTRACTOR shall filter the wash water or allow solids to settle out and pump the water to a sanitary sewer (first check with your local wastewater authority).
The CONTRACTOR shall collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.
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Painting
Painting Cleanup
Designated Area
The CONTRACTOR shall conduct cleaning of painting
equipment and tools in a designated area that will not
allow run-on of storm water or runoff of spills.
The CONTRACTOR shall not allow wash water from
cleaning of painting equipment and tools to drain into
streets, gutters, storm drains, or creeks.
Water-based Paint
The CONTRACTOR shall remove as much excess paint
as possible from brushes, rollers, and equipment before starting cleanup.
To the maximum extent practicable, the
CONTRACTOR shall dispose of wash water from
aqueous cleaning of equipment and tools to the sanitary sewer.
Otherwise, the CONTRACTOR shall direct wash water
onto dirt area and spade in.
Oil-based Paint
The CONTRACTOR shall remove as much excess paint
as possible from brushes, rollers, and equipment before starting cleanup.
To the maximum extent practicable, the
CONTRACTOR shall filter paint thinner and solvents
for reuse.
The CONTRACTOR shall dispose of waste thinner and
solvent, and sludge from cleaning of equipment and
tools as hazardous waste, as described in section A.3.c above.
Painting Materials and Waste Management
The CONTRACTOR shall store paint, solvents, chemicals, and waste materials in compliance with all applicable local, State and Federal regulations. The CONTRACTOR shall store these materials in a designated area that will not allow run -on of storm water or runoff of spills.
The CONTRACTOR shall dispose of excess thinners, solvents, oil - and water-based paint as hazardous waste.
The CONTRACTOR shall dispose of dry, empty paint cans/buckets, old brushes, rollers, rags, and drop cloths in the trash.
Earthwork
The CONTRACTOR shall maximize the control of erosion and sediment by using the BMPs for erosion and sedimentation in the RWQCB’s Erosion and Sediment Control Field Manual.
Vehicle / Equipment Cleaning
The CONTRACTOR shall not perform vehicle or equipment cleaning on - site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods.
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The CONTRACTOR shall perform vehicle or equipment cleaning offsite, or onsite with water only, in a designated, bermed area that will not allow rinse water to run off-site or into streets, gutters, storm drains, or creeks.
Vehicle / Equipment Maintenance and Fueling
The CONTRACTOR shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills.
The CONTRACTOR shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured.
The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site.
The CONTRACTOR shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of th e waste and cleanup materials as hazardous waste, as described in section A.3.c above.
The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials.
The CONTRACTOR shall re port any spill of vehicle fluids to City of Richmond.
The CONTRACTOR shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs ar e made.
The CONTRACTOR shall recycle waste oil and antifreeze.
The CONTRACTOR shall comply with local, State and Federal requirements for aboveground storage tanks.
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CITY OF RICHMOND
UNITY PARK PROJECT
CITY OF RICHMOND
UNITY PARK PROJECT APP F-1 APPENDIX F
APPENDIX F
ENVIRONMENTAL DOCUMENTS AND PLANS
This appendix consists of the following documents:
- ‘Richmond Greenway Initial Study/Mitigated Negative Declaration’, May 2004 - ‘Addendum, CEQA Initial Study/Mitigated Negative Declaration, Richmond Unity Park’, March 2013
- ‘Resolution No. 13-07, Resolution of the Planning Commission of the City of Richmond, Adopting an Addendum to the Richmond Greenway Master Plan Mitigated Negative Declaration for the Acquisition of 1605 Ohio Avenue to Implement the New Design of Unity Park’, April 4, 2013
- ‘Request for Verification of CWA Wetland Delineation, Richmond Greenway - Unity and Harbor to 8th Parks, City of Richmond, Contra Costa County, California’ October 14, 2013 - Table A: Potential Waters of the United States
- Figure 1: Regional Location
- Figure 2: Project Location
- Figure 3: Potential Waters of the United States
- Data Sheets 1 through 3
- Correspondence from the Department of the Army, San Francisco District, U.S. Army Corps of Engineers on the ‘Request for Verification of CWA Wetland Delineation, Richmond Greenway – Unity and Harbor to 8th Parks, City of Richmond, Contra Costa County, California’ File No.: 2013-00380S, February 10, 2014
DRAFT
ADDENDUM
CEQA INITIAL STUDY/MITIGATED
NEGATIVE DECLARATION
RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
Submitted to:
City of Richmond
Planning & Building Services Department
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Prepared by:
LSA Associates, Inc.
157 Park Place
Point Richmond, CA 94801
(510) 236-6810
LSA Project No.CIR1201
March 2013
P:\CIR1201\Unity Park_Final Draft Addendum.doc (03/27/13) i
TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................................. ............... 1 A. DETERMINATION ............................................................................................................... 1 B. BACKGROUND ..................................................................................................................... 1 C. PURPOSE OF THIS ADDENDUM ...................................................................................... 2 D. CEQA FRAMEWORK FOR ADDENDUM ......................................................................... 2 II. PROJECT INFORMATION .............................................................................................................. 4 A. SUMMARY OF ORIGINAL PROJECT ................................................................................ 4 B. SUMMARY OF PROPOSED PROJECT ............................................................................... 5 C. COMPARISON OF ORIGINAL AND PROPOSED PROJECT ............................................ 7 III. ANALYSIS OF POTENTIAL ENVIRONMENTAL EFFECTS .................................................. 12 A. KEY TOPICS ANALYZED WITH MODIFIED PROJECT ............................................... 12 B. OTHER TOPICS EVALUATED IN THE 2004 IS/MND .................................................... 23 C. MITIGATION MEASURES ................................................................................................. 30 IV. CONCLUSION .............................................................................................................................. 34 V. REFERENCES ................................................................................................................................ 35
FIGURES
Figure 1: Regional Location ................................................................................................................. 36 Figure 2: Project Location .................................................................................................................... 37 Figure 3: Proposed Project ................................................................................................................... 38 Figure 4: Revised Wetland Mapping .................................................................................................... 39
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 1 I. INTRODUCTION
A. DETERMINATION
This document constitutes an Addendum to the May 2004 Initial Study/Mitigated Negative Declaration (2004 IS/MND) (LSA Associates, 2004) originally prepared for the Richmond Greenway Project (hereafter referred to as the Original Project). This Addendum evaluates whether modifications/refinements to the proposed park design (hereafter referred to as the Proposed Project) would result in any new or substantially more adverse significant effects or require any new mitigation measures not identified in the 2004 IS/MND.
Similar to the Original Project, the Proposed Project would consist of the development of a community park along a portion of the Richmond Greenway. The Proposed Project differs from the Original Project because it includes details on the proposed design for the park. The Proposed Project also includes the acquisition and development of an adjacent parcel that was not evaluated in the 2004 IS/MND.
As verified in this Addendum, the analyses and the conclusions in the 2004 IS/MND remain current and valid. The proposed revisions to the Original Project, in the form of development of additional park facilities, would not cause new significant effects not identified in the MND nor increase the level of environmental effect to substantial or significant, and, hence, no new mitigation measures would be necessary to reduce significant effects. No change has occurred with respect to circumstances surrounding the proposed project that would cause new or substantially more severe significant environmental effects than were identified in the 2004 IS/MND. In addition, no new information has become available that shows that the project would cause new or substantially more severe significant environmental effects which have not already been analyzed in the 2004 IS/MND.
Therefore, no further environmental review is required beyond this Addendum.
This Addendum incorporates most of the mitigation measures detailed in the 2004 MND, clarifies selected mitigation measures and removes those mitigation measures that are no longer applicable to the Proposed Project. With this Addendum, the Proposed Project would still be within the framework of the evaluation for the Original Project as documented in the 2004 IS/MND.
B. BACKGROUND
The Original Project was formally evaluated in a 2004 IS/MND for the Richmond Greenway Project.
The 2004 IS/MND was prepared pursuant to the California Environmental Quality Act (CEQA) and adopted by the City of Richmond (City).
During the development of the Richmond Greenway Master Plan, residents expressed a desire for a park facility between Marina Way and 20th Street and the potential development of the park, designated Unity Park, was included as part of the proposed project evaluated in the 2004 IS/MND.
Following the adoption of the 2004 IS/MND, the City undertook an intensive and extensive
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 2 community planning process to solicit input from local residents on the community’s desires for the proposed park and to refine the park design. As described in detail in Section II.B, Project Description, the Proposed Project would include the following improvements: a plaza, a gazebo, a children’s play area, community gardens, a turf area, bicycle and walking paths and four gateway entrances.
Refinements to the park design constitute modifications to the Original Project that were not evaluated in the 2004 IS/MND, which necessitates subsequent environmental review/documentation under CEQA. Section 15164(b) of the CEQA Guidelines states that an Addendum to an adopted Mitigated Negative Declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 (further described below under Section I.C) apply.
The City of Richmond is the Lead Agency under CEQA and has prepared this Addendum to address the potential environmental impacts of implementing the Proposed Project on the project site.
C. PURPOSE OF THIS ADDENDUM
The purpose of this Addendum is to evaluate whether the Proposed Project as currently proposed would result in any new or substantially greater significant effects or require any new mitigation measures not identified in the 2004 IS/MND for the Original Project. This Addendum, together with the 2004 IS/MND will be used by the City when considering approval of the Proposed Project.
D. CEQA FRAMEWORK FOR ADDENDUM
For a proposed modified project, State CEQA Guidelines (Sections 15162 and 15164) provide that an Addendum to an adopted MND may be prepared if only minor technical changes or additions are necessary or none of the following conditions calling for the preparation of a subsequent MND have occurred:
Substantial changes in the project which require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
Substantial changes with respect to the circumstances under which the project is undertaken which require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of MND adoption, shows any of the following:
i) the project will have one or more significant effects not discussed in the MND, ii) the project will result in impacts substantially more severe than those disclosed in the MND,
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 3 iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measure or alternative, or iv) mitigation measures or alternatives that are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measure or alternative.
The purpose of this Addendum is to evaluate the proposed park improvements as a modification to the 2004 IS/MND for the Original Project and to demonstrate that the Proposed Project does not trigger any of the conditions described above. Based on the analysis provided below, an Addendum to the 2004 IS/MND is the appropriate CEQA document.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 4 II. PROJECT INFORMATION
A. SUMMARY OF ORIGINAL PROJECT
Project Location
The 2004 IS/MND assessed the proposed Richmond Greenway, a three-mile bike and pedestrian trail oriented largely along an abandoned railroad right-of-way. The study area analyzed in the 2004 IS/MND extended along Ohio Avenue from Garrard Boulevard to 2nd Street, then jogged north on 2nd Street to the abandoned Atchison, Topeka and Santa Fe railroad right-of-way. It then followed the railroad right-of-way east to the west edge of Interstate Highway 80 near 47th Street, turned north along Interstate 80 within the Caltrans right-of-way to Macdonald Avenue, traveled east on Madonald Avenue, then turned south on Key Boulevard and terminated at the City of El Cerrito border.
The Greenway is located entirely within an urban area. Adjacent land uses include residential, light industrial, and commercial.
Project Details
The City Council, by resolution, approved the IS/MND for the Original Project. The IS/MND evaluated the environmental impacts associated with development of the Richmond Greenway, a three-mile bike and pedestrian route extending along a west/east linear alignment from Garrard Boulevard to Interstate 80 (I-80). The Richmond Greenway provides a link between the San Francisco Bay Trail and the Ohlone Greenway in the City of El Cerrito.
During the development of the Richmond Greenway Master Plan, a series of community design workshops and charettes were held to solicit community input on the planning process and the design of the proposed trail. As part of this process, residents expressed a desire for a park facility between Marina Way and 20
th Street, which was subsequently designated as Unity Park (the “Proposed Project”). Proposed amenities for Unity Park identified and evaluated in the 2004 IS/MND included:
educational exhibits, exercise equipment, sports courts, an enclosed tot lot, adolescent play area, picnic and barbecue area, seating, trash receptacles, and board game areas. The 2004 IS/MND also identified existing and proposed community garden sites within the Richmond Greenway at Marina Way and 20th Street.
Landscaping and signage were to be installed in the right-of-way adjacent to the proposed trail and on roadway segments that were part of the Original Project. Traditional trail design elements such as bollards, curb cuts, striping, fencing, drainage outlets, and lighting were to be incorporated into the Original Project. However, proposed lighting was to be minimal and installed only where necessitated by the need to protect public safety.
According to the 2004 IS/MND, minimal grading or import of soil would be required to develop the park. Ground disturbance to install light poles, lighting pull boxes, kiosk poles, neighborhood sign foundations, direct sign foundations, and utilities would extend to approximately 3 feet below the surface in select areas. Ground disturbance to a maximum depth of approximately 3 feet would occur
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 5 to install landscaping and an irrigation system. Irrigation planned for the Richmond Greenway would also serve the park.
The 2030 General Plan land use designation for the Richmond Greenway is Parks and Recreation.
Adjacent General Plan land use designations include Public, Cultural and Institutional; Low Density Residential; Medium Density Residential; Business/Light Industrial; Medium Intensity Mixed Use (Commercial Emphasis); Medium Intensity Mixed-Use (Gateway/Community Node) and Medium Density Mixed Use (Residential Emphasis).
B. SUMMARY OF PROPOSED PROJECT
Project Location
The Unity Park project site is located along a portion of the Richmond Greenway between Marina Way and 20
th Street and 2nd and 8th Streets in the Iron Triangle neighborhood of Richmond, Contra Costa County, California (Figures 1 and 2). The project site encompasses approximately 8.77 acres of vacant land known as the Richmond Greenway and consists of a portion of the study area analyzed in the 2004 IS/MND. The only part of the Unity Park project site that was not addressed in the 2004 IS/MND consists of the parcel at 1605 Ohio Avenue, which would be acquired as part of the Proposed Project. The Proposed Project site is split into two sections separated by six city blocks; the western section follows the Richmond Greenway from 2nd Street to 8th Street, and the eastern section follows the Richmond Greenway from Marina Way to 20th Street, including the property located at 1605 Ohio Avenue.
The project site is located in an area of residential, industrial and public land uses. The project site is bounded on all sides by residential neighborhoods and light industrial buildings, including warehouses and storage facilities. Nearby public structures include Lincoln Elementary School and Gompers High School, with associated athletic fields and open space, and several churches.
Project Details
Consistent with the Original Project, the Proposed Project would develop a new community park within the Richmond Greenway, subsequently designated as Unity Park. Unity Park would be constructed on two “nodes”: the Community Plaza node between Marina Way and 20th Street and the Community Garden Node, between 2nd and 8th Streets (see Figure 3).
The Community Node would be Unity Park’s central hub and would include: a Community Plaza that would connect the park to surrounding streets and transportation corridors; an open-air, multi-purpose gazebo; and a restroom building. A nature-themed children’s play area would also be located adjacent to the Community Plaza, away from Ohio Avenue. A turf area for passive (such as picnicking) and active (such as pickup soccer) recreation uses would be located on a long stretch of undeveloped land east of the Community Plaza. The Proposed Project would include acquisition of a 0.46 acre property at 1605 Ohio Street to create the Community Plaza. Acquisition of this property was not included in the Original Project.
The Community Garden Node, located at 6
th Street, is adjacent to Lincoln Elementary School and near Gompers High School, both of which have developing community garden projects at this location. As part of the Proposed Project, these current projects would be expanded into a large
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 6 Community Garden with raised beds.
Four artistic gateways would be constructed to provide Unity Park with a “sense of place.” In addition, public art would be incorporated into the overall park design to promote stewardship of the park. Colorful native and ornamental landscaping would also be installed. As part of the proposed project, existing lighting (vandalized) along the Richmond Greenway would be replaced. Other safety features that might be installed as part of the Proposed Project include security cameras and call-in telephones, which would be located at various points throughout the park.
The design and construction of the Proposed Project would incorporate several sustainable features including:
Water Efficient Irrigation – The irrigation system would include a rain sensor and soil moisture meter.
Pervious Surfaces – The Proposed Project would include pervious concrete, decomposed granite, turf, planting areas, and a bioswale. Surfaces would be graded to drain into plantings to capture and infiltrate stormwater and irrigation.
Recycled Materials – Recycled materials would be used when possible. Landscaping – Landscaping would include drought-tolerant plant species appropriate to the City.
Maintenance would include Integrated Pest Management, and use of biological soil analysis and organic soil amendments and fertilizers approved by OMRI (Organic Materials Review Institute). Energy Efficient Lighting – The Proposed Project would include energy-efficient lighting that activates in low light, with LED/solar fixtures that minimize electrical usage and are Dark Sky compliant.
Reduce Urban Heat Island Effect – Trees would be added to the site to provide shade. All paved surfaces would be rated at a Solar Reflectance Index (SRI) of 29 or greater, the threshold for LEED certification in order to reduce heat absorption.
Low-flow Water Fixtures – Sand and water play in the Children’s Play area would use a low-flow activator for controlled flow. Restrooms would utilize low-flow fixtures. Utility Upgrades – The Proposed Project would include upgrades to the local existing water, electrical, and sanitary sewer lines improving efficiency and reducing waste. Wildlife Habitat – The Proposed Project would includes areas of native plantings specifically designed to provide food and shelter for local wildlife species and migratory bird species.
Consistent with the results of soil sampling conducted in 2012-20131, the following elements would also be included as part of the Proposed Project to protect potential park users from soil contaminants:
• The City of Richmond will hire a qualified contractor to prepare a site-specific Soil Management Plan with a Health and Safety Plan (SMP/HSP). The SMP/HSP would establish soil management and control specifications for excavation, grading, and construction activities, including procedures for evaluation of soil disposal options, and health and safety provisions for monitoring
1 Weston, 2013, Phase I/II Investigation, Targeted Brownsfield Assessment, Final Report, Unity Park Community Garden Site, Richmond, Contra Costa County, California, February.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 7 the exposure of construction workers to contaminants. The Plan shall be submitted to the City of Richmond for review and approval. The City would review and approve the Plan and implement the recommended soil management and control specifications. • All edible plants would be planted in raised beds filled with clean, imported soil. The soil would be obtained from a commercial source of residential garden soil. • Trees would be planted in clean, imported soil that extends to the expected width and depth of the mature tree roots. The soil would be obtained from a commercial source of residential garden soil.
• All children’s play areas would be covered with clean, imported soil, or a geotextile and playground materials such as bark, to prevent direct contact with soil. Imported soil would be selected and screened in accordance with DTSC guidelines for clean, imported fill material.2
C. COMPARISON OF ORIGINAL AND PROPOSED PROJECT
The 2004 IS/MND evaluated the Original Project, a proposal to construct an approximately 3-mile bicycle and pedestrian route extending along a west/east linear alignment from Garrard Boulevard to I-80 using primarily Atchison Topeka and Santa Fe (AT&SF) and Bay Area Rapid Transit (BART) rights-of-way. The Original Project also included development of a community park between Marina Way and 20
th Street. As originally proposed, the park was to include educational exhibits, exercise equipment, sports courts, an enclosed tot lot, adolescent play area, picnic and barbecue area, seating, trash receptacles, and board game areas. The Proposed Project would develop a community park on two nodes within the Richmond Greenway: the Community Plaza node between Marina Way and 20th Street and the Community Garden Node, between 2nd and 8th Streets.
The Proposed Project would differ from the Original Project in that more detailed information about the proposed park design has been generated through an extensive public outreach process. As described above, the Proposed Project would include a Community Plaza, gazebo, restroom, children’s play area, turf area for recreation uses, and community garden. In addition, the park area has been expanded to include the second “node” between 2nd and 8th Streets as well as acquisition and development of an additional parcel along Ohio Street for the Community Plaza. These modifications to the Original Project are discussed below.
Aesthetics
The Proposed Project, unlike the Original Project, now includes more detail on proposed park improvements. The proposed park design is a result of an extensive public outreach process, which solicited input from adjacent neighbors and others throughout the community. The Proposed Project includes a number of features to enhance the visual character of the project site, including native landscaping, artistic gateways and the incorporation of other public art throughout the site, which were not included in the Original Project.
2 California Department of Toxic Substances Control (“DTSC”), 2001, Information Advisory Clean Imported Fill Material, October.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 8 Biological Resources
Reconnaissance level wetlands, botanical and wildlife habitat surveys have been conducted to verify that site conditions within the bounds of the Proposed Project have not changed since the 2004 IS/MND was completed. The additional parcel at 1605 Ohio Avenue that was not assessed in the 2004 IS/MND was also surveyed to identify any biological resources issues present on the site. The more detailed park planning that has taken place would not result in any increase in potential impacts to biological resources. Botanical and wildlife habitat resources are limited to those areas that have been planted with native species as part of previous improvements along the Richmond Greenway.
A jurisdictional delineation that included both the western “Community Garden Node” section of Unity Park (between 2
nd Street and 8th Street) and the “Community Plaza Node” section of Unity Park (between Marina Way and 20th Street) was conducted for the original project site in 2003, but was not verified by the Corps. Potential wetland areas were remapped by LSA in February 2013 because the 2003 delineation was 10 years old and site conditions may have changed. The revised wetland mapping (see Figure 4) identified potential waters of the United States within the project site, including ditch segments and a bioswale. Like the Original Project, installation of landscaping, paving, structures and staging areas associated with implementation of the Proposed Project could affect jurisdictional features. In compliance with Mitigation Measure BIO-2, identified in the 2004 IS/MND, the Proposed Project would avoid wetlands and watercourses within the site or obtain appropriate permits for fill of jurisdictional areas from the U.S. Army Corps of Engineers and the Regional Water Quality Control Board.
Hazardous Materials
Section VII of the 2004 IS/MND evaluated effects associated with hazards and hazardous materials as a result of implementation of the Original Project, which included construction of a bicycle and pedestrian path, community park and accessory structures along surface streets and the abandoned railroad right-of-way. The governmental records search conducted for the 2004 IS/MND indicated that groundwater underlying the project site and site soils could be contaminated. Based on the results of the 1998 sampling study and the 2003 Initial Site Assessment discussed in Section III.A.1 below, the 2004 IS/MND concluded that the Original Project would not result in significant effects related to a release of hazardous materials, and no mitigation measures were required.
Subsequent refinements to the proposed design for Richmond Unity Park have been made as a result of the public outreach process described in Section II.B above. The Proposed Project now includes the proposed use of portions of the project site for edible gardening and children’s play areas. Further soil sampling was conducted to identify any potential environmental effects associated with the use of site soils for these proposed improvements (e.g., edible gardening, children’s play areas). Consistent with the results of soil sampling conducted in 2012-2013 3, the following elements would be included
as part of the Proposed Project:
• The City of Richmond will hire a qualified contractor to prepare a site-specific Soil Management Plan with a Health and Safety Plan (SMP/HSP). The SMP/HSP would establish soil management and control specifications for excavation, grading, and construction activities, including
3 Weston, 2013, Phase I/II Investigation, Targeted Brownsfield Assessment, Final Report, Unity Park Community Garden Site, Richmond, Contra Costa County, California, February.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 9 procedures for evaluation of soil disposal options, and health and safety provisions for monitoring the exposure of construction workers to contaminants. The Plan shall be submitted to the City of Richmond for review and approval. The City would review and approve the Plan and implement the recommended soil management and control specifications. • All edible plants would be planted in raised beds filled with clean, imported soil. The soil would be obtained from a commercial source of residential garden soil. • Trees would be planted in clean, imported soil that extends to the expected width and depth of the mature tree roots. The soil would be obtained from a commercial source of residential garden soil.
• All children’s play areas would be covered with clean, imported soil, or a geotextile and playground materials such as bark, to prevent direct contact with soil. Imported soil would be selected and screened in accordance with DTSC guidelines for clean, imported fill material. 4 Greenhouse Gas Emissions
The 2004 IS/MND did not include a section evaluating greenhouse gas emissions. The 2013 CEQA Guidelines (Appendix G) require that this topic be addressed in environmental documentation.
Greenhouse gases (GHGs) are present in the atmosphere naturally, are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. The gases that are widely seen as the principal contributors to human-induced global climate change are: carbon dioxide (CO2) methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).5
Over the last 200 years, human activities have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere, and enhancing the natural greenhouse effect, which is believed to be causing global warming. While GHGs produced by human activities include naturally-occurring GHGs such as CO2, methane, and N2O, some gases, like HFCs, PFCs, and SF6 are completely new to the atmosphere. Certain other gases, such as water vapor, are short-lived in the atmosphere as compared to these GHGs that remain in the atmosphere for significant periods of time, contributing to climate change in the long term.
Water vapor is generally excluded from the list of GHGs because it is short-lived in the atmosphere and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation.
The California Air Resources Board (ARB) is the lead agency for implementing climate change regulations in the State. Since its formation, the ARB has worked with the public, the business sector, and local governments to find solutions to California’s air pollution problems. Important regulatory actions related to GHG emissions include:
4 California Department of Toxic Substances Control (“DTSC”), 2001, Information Advisory Clean Imported Fill Material, October.
5 The greenhouse gases listed are consistent with the de finition in Assembly Bill (AB) 32 (Government Code 38505), as discussed later in this section.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 10 • Assembly Bill 1493 (2002) requires the ARB to set GHG emission standards for passenger vehicles and light duty trucks (and other vehicles whose primary use is noncommercial personal transportation in the State) manufactured in 2009 and all subsequent model years. • Executive Order S-3-05 (2005) established California’s GHG emissions reduction targets: GHG emissions should be reduced to 2000 levels by 2010; GHG emissions should be reduced to 1990 levels by 2020; and GHG emissions should be reduced to 80 percent below 1990 levels by 2050.
The executive order also directed the secretary of the California EPA to coordinate a multiagency effort to reduce GHG emissions to the target levels.
• Assembly Bill 32 (2006), California Global Warming Solutions Act aims at reducing GHG emissions to 1990 levels by 2020. The ARB has established the level of GHG emissions in 1990 at 427 MMT of CO2eq. The emissions target of 427 MMT requires the reduction of 169 MMT from the State’s projected business-as-usual 2020 emissions of 596 MMT. In addition, AB 32 directed the ARB and the newly created Climate Action Team (CAT) 6 to identify a list of “discrete early action GHG reduction measures” that can be adopted and made enforceable by January 1, 2010.
• Senate Bill 375 (2008). SB 375, signed into law on October 1, 2008, enhances the ARB’s ability to reach AB 32 goals by developing regional GHG emissions reduction targets for the automobile and light truck sectors. The ARB will work with California's 18 metropolitan planning organizations to align their regional transportation, housing, and land use plans and prepare a “Sustainable Communities Strategy” to reduce the number of vehicle miles and demonstrate the region’s ability to attain its greenhouse gas reduction targets. • Office of Planning and Research. To assist public agencies in analyzing the effects of GHGs under CEQA, Senate Bill 97 (Chapter 185, 2007) requires the Governor’s Office of Planning and Research (OPR) to develop CEQA guidelines on how to minimize and mitigate a project’s GHG emissions. The Natural Resources Agency adopted CEQA Guidelines amendments related to climate change that became effective March 18, 2010.
Revisions to Appendix G of the CEQA Guidelines require that unlike the Original Project, the Proposed Project be evaluated for the following impacts:
Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Section III.A.5 of this document provides a discussion of the potential impacts related to greenhouse gas emissions that could result from implementation of the Proposed Project.
Land Use and Planning
Since 2004, several land use policies and regulations have been adopted or initiated including the Richmond General Plan (2012), the Bicycle Master Plan (2011), the Pedestrian Plan (2011), and the
6 CAT is a consortium of representatives from State agencies who have been charged with coordinating and implementing GHG emission reduction programs that fall outside of ARB’s jurisdiction.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 11 ongoing Urban Greening Master Plan. Section III.4 of this Addendum provides a discussion of the Proposed Project’s consistency with these plans and policies that have been adopted since 2004.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 12
III. ANALYSIS OF POTENTIAL ENVIRONMENTAL EFFECTS
The following discussion begins with the key topics and related environmental effects for the Original Project and the Proposed Project: the extent of hazardous materials onsite, impacts to existing wetlands, potential visual resources impacts, consistency with adopted land use and planning documents, and greenhouse gas emissions. The Addendum summarizes the remaining topic areas in the sequence that they are addressed in the 2004 IS/MND and compares the Original Project and the Proposed Project. This section concludes by acknowledging that a majority of the mitigation measures from the 2004 IS/MND remain intact, presenting clarifications to specific mitigation measures and describing those mitigation measures that are no longer applicable to the Proposed Project.
A. KEY TOPICS ANALYZED WITH MODIFIED PROJECT
1. Hazards/Hazardous Materials
Soil Analysis Completed in Support of 2004 IS/MND
In June 1998, the U.S. Environmental Protection Agency (EPA) Region 9 collected soil samples along the proposed Richmond Greenway bicycle and pedestrian path to assist the City of Richmond in evaluating the environmental condition of the Richmond Greenway.7 The site was a railroad corridor between 1904 and 1979. No records of hazardous materials releases were identified. A total of 28 surface soil samples were collected from 0 to 0.5 feet below ground surface (bgs), and were analyzed for contaminants that could persist in former railroad environments; metals, pesticides, polychlorinated biphenyls (PCBs), and semi-volatile compounds. Results from testing were screened against EPA Region 9 Preliminary Remediation Goals (PRGs) for industrial sites. Arsenic was reported at elevated concentrations (up to 27.8 milligrams per kilogram) that were attributed to natural background concentrations, and PAHs were reportedly elevated in some soil samples.
However, no soil collected from the Richmond Greenway was found to contain a listed chemical contaminant that exceeded the range of PRG screening levels8 or background concentrations.
In September 2003, a Hazardous Waste Initial Site Assessment (ISA) was conducted by LSA Associates, Inc. to determine whether the Original Project could be affected by a recorded or visible hazardous waste.
9 This report provided results similar to the previous 1998 EPA study, concluding that implementation of the Original Project would not result in substantial risk to human health resulting from the presence of hazardous materials on or near the site during the operational period of the Original Project.
7 The Denali Group, 2002, Summary of USEPA Region 9 Soil Screening, Richmond Greenway, City of Richmond, California, 9 May.
8 The PRG screening levels included both the 10-4 and 10-6 carcinogenic risk levels. 9 LSA, 2003, Hazardous Waste Initial Site Assessment, Richmond Greenway, September.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 13 Section VII of the 2004 IS/MND evaluated effects associated with hazards and hazardous materials as a result of implementation of the Original Project. Based on the results of the 1998 sampling study and the 2003 ISA discussed above, the 2004 IS/MND concluded that the Original Project would not result in significant effects related to a release of hazardous materials, and no mitigation measures were required.
Soil Analysis Completed After 2004 IS/MND
The Proposed Project site consists of a portion of the study area analyzed in the 2004 IS/MND, as well as an additional parcel located at 1605 Ohio Avenue that was not previously analyzed. Since the adoption of the 2004 IS/MND, the Proposed Project design has been further refined to include a nature-themed children’s play area, turf area for recreational uses and a community garden, resulting in greater exposure of park users to the soils on the site. As a result, further testing was conducted, as described below.
In February 2013, an EPA Region 9 Targeted Brownfields Assessment (TBA) was conducted to evaluate environmental concerns at the Site and to identify the potential impact on future development for recreational purposes.
10 The TBA was initiated to support redevelopment under the EPA Brownfields program. The TBA was implemented on behalf of the EPA and under EPA oversight, and consisted of: 1) a Phase I Environmental Site Assessment conducted in accordance with ASTM Standard E-1527-05, and 2) a Phase II assessment consisting of soil sampling in accordance with a Sampling and Analysis Plan (SAP) that was approved by the EPA in 2012.
The SAP was developed to evaluate environmental concerns from former site activities, including previous use as a railroad corridor. Surface soil samples (0 to 0.5 feet bgs) were collected from 40 locations, and six subsurface soil samples were collected from six borings from a depth of 3.0 to 4.0 feet bgs. Soil samples were analyzed for polynuclear aromatic hydrocarbons (PAHs), organochlorine pesticides, chlorinated herbicides, California Assessment Manual (CAM) 17 metals, pH, and total petroleum hydrocarbons as diesel and motor oil (TPH-d and TPHmo).
Sample results were compared to screening levels established in the SAP to determine the risk to human health and the environment. Soil results for all compounds except total petroleum hydrocarbons as diesel and motor oil (TPHd and TPHmo) were screened against the EPA Region 9 Regional Screening Levels (RSLs) for residential and industrial soil. Soil results for TPHd and TPHmo were compared to San Francisco Regional Water Quality Control Board (Water Board) Environmental Screening Levels (ESLs).
Analytical results were similar to those reported from the 1998 soil sampling event. Herbicide, pesticide, TPHd, and TPHmo concentrations were below RSLs for residential soils in all soil samples.
The TBA concluded that low levels of PAHs were present in the soil samples. Most of the samples were reported with at least one PAH compound above the respective RSL screening level for residential soils, and four surface soil samples (UP-1-12A, UP-1-17A, UP-2-29A, UP-1-32A) were reported with at least one PAH compound above the respective RSL for industrial soils. 11 The TBA
10 Weston Solutions, Inc., 2013, op cit.
11 The 2013 PAH testing was completed using EPA Method 8270C SIM, which provided a much lower reporting limit than the 1998 analytical test method. The results were similar, in that PAHs were reported at low levels both in 1998 and in 2013.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 14 also concluded that elevated concentrations of arsenic in the soil samples may be attributable to naturally-occurring concentrations in the Bay Area.
Recommendations for redevelopment of the project site for recreational purposes were provided by the TBA as follows: 1) redevelopment of the site for recreational uses may require an additional layer of clean fill and/or topsoil to avoid unnecessary contact with contaminated soils; and 2) utilize raised planter beds with clean, imported topsoil for community gardening activities. These recommendations have been incorporated into the Proposed Project description. The TBA also noted that subsequent confirmation and delineation sampling of the impacted areas may be required. The Proposed Project description includes covering the existing soil with clean topsoil or playground bark in children’s play areas where potential contact with contaminated soil exists. This approach would eliminate the need to further investigate the extent of chemicals in soil,
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
2. Biological Resources
Section IV of the 2004 IS/MND described biological resources and analyzed effects associated with implementation of the Original Project. The IS/MND identified areas of potentially significant effects, including adverse effects on special-status species, sensitive natural communities, and existing wetlands. The 2004 IS/MND included mitigation measures for those effects identified as potentially significant and concluded that with incorporation of these mitigation measures, the Original Project would not result in significant effects.
In evaluating the Proposed Project and the site conditions in 2013, LSA Associates reviewed the previously prepared reports, made an additional site visit in February 2013, and remapped the wetland features.
This section provides updated assessments of three categories of biological resources at the project site: 1) special status species; 2) character and composition of the vegetative cover; and 3) project site wetlands and watercourses. The discussion below provides information on how, if at all, these aspects of the Proposed Project site are different than when they were evaluated for the Original Project. As described above, the Proposed Project site consists of a portion of the Original Project site (e.g., between Marina Way and 20
th Street and between 2nd and 8th Streets), along with an additional parcel at 1605 Ohio Avenue, which had not been evaluated previously.
Special Status Species
Special status species were evaluated by LSA in 2003 in a Botanical Resources Assessment and Wildlife Resources Assessment. These reports included a California Natural Diversity Data Base records search based on the Original Project site. The 2003 evaluation concluded that no special- status species were likely to occur on the project site.
In February 2013, LSA conducted an updated CNDDB records search within a 1-mile radius of the proposed Richmond Unity Park project sites. No additional occurrences of special status species had
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 15 been recorded in that radius during the intervening years that would raise the likelihood of special- status species occurring on the site.
LSA also conducted a reconnaissance survey of the Proposed Project site and did not note any special-status species or any change in the character of the habitat.
Although no special status species were identified within the project site, the 2004 IS/MND determined that other species of birds subject to the federal Migratory Bird Treaty Act could nest within the project site. Like the Original Project, construction activities associated with the Proposed Project could disturb these species. Implementation of Mitigation Measure BIO-1, described in the 2004 IS/MND, which requires a pre-construction survey for nesting raptors and shrikes and implementation of buffer areas if nests are identified, would reduce potential impacts to a less than significant level.
Vegetation Cover
The vegetation cover at Community Garden Node project site has not appreciably changed from 2003, except for 1) the addition of predominantly native landscape plantings along the north and south sides of the bicycle trail both west and east of 6th Street, 2) the installation of raised garden beds along the south side of the trail west of 6th Street near the Lincoln Elementary School, and 3) planting of native wetland plants and riparian trees and shrubs along a wetland bioswale constructed along the south edge of the project site between 6th and 8th Streets. Most of the native trees and shrubs are still rather small, but will begin to provide increased quality wildlife habitat as they grow. The vegetation cover at Community Plaza Node project site has not appreciably changed from 2003, except for the planting of nine landscape trees planted south of the bicycle trail between 17th and 18th Streets. Other than these changes, the vegetation community remains predominantly ruderal grassland as it was in 2003.
Wetlands
A delineation of waters subject to Clean Water Act jurisdiction was completed in both the western section of Unity Park between 2nd Street and 8th Streets (Community Garden Node) and the eastern section of Unity Park between Marina Way and 20th Street (Community Plaza Node) in 2003, but was not verified by the Corps. These waters were remapped by LSA in 2013 because the original delineation was 10 years old and site conditions may have changed (see Figure 4).
The area proposed for the Community Garden Node contains two ditches that were designated Ditch C and Ditch D in the 2003 analysis. These ditches contain both wetland and non-wetland segments.
The ditches are largely unchanged since the 2003 delineation. Since the 2003 delineation was prepared, however, a bioswale has been constructed along the southern edge of the right-of-way between 6
th and 8th Streets. Construction of this bioswale has extended the upstream segment of Ditch D. Ditch D previously extended east from 6th Street for an approximate length of 145 feet, but now extends east from 6th Street for an approximate length of 410 feet. In addition, the bottom of the ditch has more wetland plant cover. The bioswale has educational signing describing its biological and water quality enhancement functions. LSA determined that the new length of bioswale meets Clean Water Act wetland criteria.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 16 The area proposed for the Community Plaza Node contains two ditches designated as Ditch J and Ditch K in the 2003 analysis. These features appear unchanged since 2003. The 2003 delineation of this portion of the project site also contained a potentially jurisdictional shallow seasonal wetland, designated as Seasonal Wetland A, located on the southern half of the right-of-way; south of 18th Street. This feature did not support a wetland plant community in 2013, either due to variation in precipitation or to altered surface flow patterns in the surrounding terrain.
Installation of landscaping, paving, structures, and staging areas could potentially adversely affect jurisdictional features within the Proposed Project site. The Proposed Project design specifically commits to avoidance of such impacts, however. Proposed Project plans do not indicate any improvements that would require fill or de-watering of the mapped waters.
Implementation of Mitigation Measure BIO-2 of the 2004 IS/MND would ensure that the Proposed Project would either avoid impacts to wetlands and watercourses within the project site or obtain appropriate permits for fill of jurisdictional features from the U.S. Army Corps of Engineers and the Regional Water Quality Control Board.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
3. Aesthetics
Section I of the 2004 IS/MND analyzed the visual conditions of the project area and evaluated whether the Original Project would have a substantial adverse effect on a scenic vista, substantially damage scenic resources within a state scenic highway, substantially degrade the visual character or quality of the site, or create a substantial new source of light or glare.
As described in the 2004 IS/MND, views from the project site extend to Mount Tamalpais to the west and the East Bay Hills to the east. Due to lack of tall trees and substantial topographical variation, and the low number of surrounding tall buildings, east/west views along the project site are virtually unimpeded. The principal north/south views from the project site are primarily of residential and industrial development, the existing bicycle/pedestrian trail and Ohio Street. Implementation of the Proposed Project would result in development of a community park, including a gazebo, plaza, artistic gateways, children’s play area, and community gardens and landscaping within the project site. Most of these proposed improvements would be at-grade. Proposed structures (e.g., gazebo, gateways) would be no taller than the adjacent residential structures and would not impede scenic vistas to the west or east.
The project site does not include any portions of a State Scenic Highway and is not located in the vicinity of a State Scenic Highway. Like the Original Project, the Proposed Project would not substantially damage scenic resources within a State Scenic Highway.
The setting for the Proposed Project is identical to that described for the Original Project.
The project
site is located on an abandoned railroad right-of-way and on an undeveloped parcel. These areas are characterized by ruderal vegetation, the presence of illegally-dumped garbage, and the Richmond Greenway, a paved, Class I bicycle and pedestrian trail with associated landscaping and lighting.
Development of the Proposed Project would result in a visual change to the project site, both through
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 17 construction activities including grading and vegetation removal and the development of an urban park in place of an abandoned railroad right-of-way. However, proposed park improvements would be in keeping with the character of the Richmond Greenway and would promote a “sense of place” for the neighborhood. Implementation of the Proposed Project would enhance the visual quality of the project site, by developing recreation facilities, removing in the area, and creating a more formal, park setting. Construction activities associated would be visible from adjacent uses (industrial, recreational, and residential). However, the equipment (e.g., trucks, excavator, and loader) required for construction would only be visible temporarily during construction activities. Overall, the Proposed Project is anticipated to have a beneficial effect on the visual quality of the project area.
Similar to the Original Project, implementation of the Proposed Project would result in the installation of lights or the replacement/upgrade of existing lights associated with the Richmond Greenway. Lights would be installed where needed for the protection of public safety and would not create new or substantial light or glare. Because the project site is surrounded by fully urbanized neighborhoods of residential, industrial and public uses, project lighting would not substantially degrade nighttime views.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
4. Land Use and Planning
Section IX of the 2004 IS/MND analyzed effects to land use and planning associated with implementation of the Original Project. The Proposed Project would be constructed in the same location and would be subject to the same land uses and plans discussed in the 2004 IS/MND. Similar to the Original Project, the Proposed Project would change the land use on the site from vacant land to a community park use. Similarly, the Proposed Project would not reduce north/south access across the railroad rights-of-way; therefore, the Proposed Project would not divide an established community.
Since the adoption of the 2004 IS/MND, a number of planning documents have been adopted or initiated, including the Richmond General Plan, the City of Richmond Bicycle Master Plan, the City of Richmond Pedestrian Plan and the ongoing Urban Greening Master Plan. This section provides a discussion of the Proposed Project’s consistency with these applicable land use policies and regulations.
Richmond General Plan
On April 25, 2012, the Richmond City Council adopted a new General Plan to guide the City’s sustainable growth and development. The General Plan, entitled “Shaping the New 100 Years” is comprised of 15 elements addressing land use, economic development, housing, transportation, climate change, public safety, arts and culture, and open space conservation strategies.
According to the General Plan (2012), the project site has a land use designation of Park and Open Space. The project site is zoned for CRR (Community and Regional Recreation District) and is located within the designated Ohio Avenue Corridor, which is “envisioned as a mixed-use street with unique built and open space assets.” In this area, the General Plan promotes the integration of a
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 18 variety of public spaces between the street and the Richmond Greenway such as linear plazas, landscaped areas, widened sidewalks, and mid-block crossings to strengthen the character of the area and encourage new development.
Most of the information and policy statements related to the Proposed Project are located in the Parks and Recreation Element (Element 10). The five goals of the element are to develop an integrated system of parks, green streets and trails (PR1); provide safe and high-quality parks and recreation facilities (PR2); use sustainable design and maintenance practices (PR3); promote stewardship of the natural environment (PR4); and provide a range of high quality recreation programs and services (PR5). Specific policies related to the Proposed Project include:
Policy PR1.1 Diverse Range of Park Types and Functions
Continue to provide a diverse range of park types, functions and recreational opportunities to meet the physical and social needs of the community. Regularly review the design and programming of all City parks to expand and diversify uses.
Policy PR1.2 Multimodal Connections to Parks, Open Space and Recreational Facilities Improve connections to parks, open space and recreational facilities through an interconnected network of pedestrian-friendly green streets, multimodal corridors and trails. Enhance trails and greenways to provide recreational opportunities for residents, connect neighborhoods and community uses, improve access to natural resources and the shoreline and promote walking and bicycling. On street connections should be pedestrian and bicycle-friendly and incorporate green infrastructure where possible. Transit links along key corridors will allow residents and visitors to access parks, recreation facilities and open space areas. Developing open space and recreational resources hand-in- hand with pedestrian, bicycle and transit improvements will better link neighborhoods together physically, connecting the community to open space resources, community facilities and key destinations throughout the City.
Policy PR1.3 Equitable Distribution of Park and Recreation Facilities Expand park and recreation opportunities in all neighborhoods and ensure that they are offered within comfortable walking distance of homes, schools and businesses in order to encourage more physically and socially active lifestyles. Continue to implement the parkland development standard of three acres of community or neighborhood parkland per 1,000 population in each neighborhood planning area. This represents a minimum provision which should be exceeded whenever possible. In established neighborhoods where land availability for new large parks is limited, prioritize improvement and maintenance of compact parks, play lots and plazas to increase access to recreation opportunities for residents. Encourage developers to meet the City’s park development standard within their proposed development projects.
As described in Section II.B, the Proposed Project would entail construction of a community park adjacent to the Richmond Greenway between 2
nd and 8th Streets and between 20th Street and Marina
Way, including the parcel located at 1605 Ohio Avenue. The community park would be constructed within the abandoned railroad right-of-way and on an undeveloped parcel between the Richmond Greenway and Ohio Avenue. Consistent with the General Plan, the Proposed Project would provide a recreational facility in an area of the City that is lacking such facilities. In addition, the Proposed Project would be located in close proximity to the Richmond Greenway, would incorporate sustainable design features, provide a variety of recreational activities (i.e., active and passive
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 19 recreation facilities, children’s play facilities) as well as amenities for the community (i.e., plaza, community garden, public art).
Bicycle Master Plan
In 2011, the City of Richmond adopted the City of Richmond Bicycle Master Plan. The intent of the Bicycle Master Plan is to provide a “roadmap” for developing bicycle infrastructure in the City, focusing on a number of projects to build the bicycle network and encourage bicycling for recreational and commuter trips. The Richmond Bicycle Master Plan has four primary goals and a set of objectives by which to measure them:
Goal: Expand the City’s bicycle routes and parking facilities into an extensive, well-connected and well-designed network and improve and maintain these facilities over time.
Objective: Increase the number of bikeway miles by75 percent, complete all gaps in the Bay Trail and double the number of bicycle parking spaces.
Goal: Increase the number of people of all ages and backgrounds.
Objective: Double the number of trips made by bicycle.
Goal: Make the streets safer for bicyclists, not only during the day, but also at night.
Objective: Reduce the number of reported bicycl e fatalities and injuries by 25 percent (event as the number of bicyclists increases).
Goal: Incorporate the needs and concerns of cyclis ts in all transportation and development projects.
Objective: Adopt and implement a “Complete Streets” and “Routine Accommodation” policies and bicycle-friendly design standards and guidelines for streets and developments.
The Richmond Greenway is a major component of the City’s Bicycle Master Plan, providing a critical east/west Class I pathway connection across the center of the City. At present, two portions of the Richmond Greenway have been completed, including the path between 2 nd and 23rd Streets and
from Carlson Boulevard to San Pablo Avenue. When completed, the Richmond Greenway will provide a seamless connection between the Ohlone Greenway in El Cerrito and the San Francisco Bay Trail.
According to the Bicycle Master Plan, the proposed bicycle network should provide a connection to the waterfront, parks and open space so that residents are able to bike from home to both local and regional recreation. Implementation of the Proposed Project would support the goals, objectives and criteria of the Bicycle Master Plan by providing a community park in close proximity to an existing Class I bike and pedestrian path (Richmond Greenway). In addition, the Proposed Project could promote use of the Richmond Greenway by providing a recreation destination for path users.
Pedestrian Plan
In October 2011, the City adopted the Richmond Pedestrian Plan to improve the safety and convenience of walking throughout the City. “The focus of the plan is on establishing measures to create streets, sidewalks, and surroundings that calm traffic, invite people to walk, and provide positive places for associated and community pride.”
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 20 The Pedestrian Plan identifies design principles and recommendations in the Central Richmond area (also known as the Central Core Area) that are intended to improve pedestrian (and bicycle) safety and mobility. The following goals form the basis for the recommendations in the Pedestrian Plan:
• Increased Safety. Streets will be developed and retrofitted to accommodate all types of users.
Designs and devices will produce speed moderation, visibility, awareness and communication for motorists and non-motorists alike.
• Improved Security. Streets, trails and other public spaces will be designed and improved to create active places that are watched over, maintained and that project a sense of control and community ownership.
• Improved Connectivity. A range of strategies and solutions will address physical barriers to walking, such as dead-end streets, railroad right of ways, wide roadways, and wide, complex intersections.
• Increased Equity. Walking, the cheapest form of transportation will be a safe, viable and convenient choice for those who cannot afford, are unable, or choose not to drive a car. • Improved Health. Walking and bicycling, the healthiest forms of transportation will become desirable alternatives for trips to daily destinations. • Increased Sustainability. Walking and bicycling in the city will reduce the number of vehicle miles Richmond residents and visitors travel, and will reduce associated climate change, air and water quality impacts from vehicle emissions. Opportunities will be identified to convert excess paved rights of way to lower impact spaces with trees and landscaping. • Neighborhood and Downtown Revitalization. Improvements to the streets and pedestrian realm will set the stage for new investment in private property that can help fund improvements and attract development that supports walking, bicycling and the use of transit.
Implementation of the Proposed Project would support the goals of the Pedestrian Master Plan by providing a community park in close proximity to an existing Class I bike and pedestrian path (Richmond Greenway). Improvements proposed as part of the Proposed Project would improve site safety and security, support the use of alternative transportation modes, and provide a benefit to the neighborhood that might spur new development.
Urban Greening Master Plan
In 2011, the City received a Strategic Growth Council Urban Greening Planning Grant to develop a citywide Urban Greening Master Plan to guide and coordinate greening projects within the City. As a part of the project, the City will develop an inventory of existing trees, and identify opportunities to expand and enhance green spaces in the City. Implementation of the Proposed Project would support the goals of the Urban Greening Master Plan by creating a formal park setting within the Richmond Greenway that includes landscaping, trees, and community gardens.
Similar to the Original Project, the Proposed Project would be consistent with the City of Richmond General Plan and other applicable planning documents, including those adopted/initiated since the 2004 IS/MND was prepared.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 21 As described above, the City of Richmond General Plan (adopted April 2012), the City of Richmond Bicycle Master Plan, the City of Richmond Pedestrian Plan, and the Urban Greening Master Plan outline relevant policies and regulations applicable to the Proposed Project, including policies to preserve visual, cultural, and natural resources, and to protect the health and safety of the citizens of Richmond. Consistent with the goals and policies of these relevant planning documents, the Proposed Project has been designed to minimize impacts to site resources, while providing a new recreation amenity for the community, promoting alternative modes of transportation, and enhancing the character of the neighborhood. Therefore, the Proposed Project is determined to be consistent with applicable land use plans, policies and regulations.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
5. Greenhouse Gas Emissions
Since adoption of the 2004 IS/MND, the CEQA Checklist has been updated to include a discussion of potential project impacts on greenhouse gas emissions. As greenhouse gas emissions were not evaluated in the 2004 IS/MND, the Proposed Project’s potential to generate greenhouse gas emissions and/or conflict with an applicable plan or policy adopted for the purpose of reducing greenhouse gas emissions is described below.
A general scientific consensus exists that global climate change is occurring caused in whole or in part by increased emissions of greenhouse gases (GHGs) that keep the Earth’s surface warm by trapping heat in the Earth’s atmosphere. While many studies show evidence of warming over the last century and predict future global warming, the causes of such warming and its potential effects are far less certain. In its “natural” condition, the greenhouse effect is responsible for maintaining a habitable climate on Earth, but human activity has caused increased concentrations of these gases in the atmosphere, thereby contributing to an increase in global temperatures.
GHGs are present in the atmosphere naturally, are released by natural sources, or formed from secondary reactions taking place in the atmosphere. The six gases that are widely seen as the principal contributors to global climate change are: Carbon dioxide (CO 2), Methane (CH4), Nitrous oxide
(N2O), Hydroflourocarbons (HFCs), Perflourocarbons (PFCs), and Sulfur Hexaflouride (SF6). The primary existing sources of human-caused GHGs in the project area are vehicle emissions.
The Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines include thresholds of significance for operational GHG emissions to provide lead agencies with a conservative indication of whether a proposed project could result in potentially significant GHG emissions. If all of the screening criteria are met by a proposed project, then the lead agency would not need to perform a detailed air quality assessment of the project’s air pollutant emissions, including GHG emissions. The BAAQMD has established a 1,100 metric tons of CO
2e/year GHG threshold of significance.
According to the BAAQMD the screening level size for a City Park is 600 acres.
The BAAQMD does not have an adopted Threshold of Significance for construction-related GHG emissions. However, BAAQMD recommends that the Lead Agency quantify and disclose GHG emissions that would occur during construction, and make a determination on the significance of these construction generated GHG emission impacts in relation to meeting AB 32 GHG reduction
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 22 goals. The Lead Agency is encouraged to incorporate best management practices, such as recycling at least 50 percent of construction waste or demolition materials, to reduce GHG emissions during construction, as applicable.
The primary existing sources of human-caused GHGs in the project area are vehicle emissions.
As described in Section III of the 2004 IS/MND, implementation of the Original Project would not result in a significant increase in traffic on area roadways nor would the Proposed Project. The Proposed Project, once completed, would not result in increased GHG emissions because the project would not increase regional vehicle trips or vehicle miles traveled (VMT) above current levels and would not introduce any other new sources of GHG emissions. Construction of the proposed park along the existing Richmond Greenway would create an opportunity for residents to use alternative modes of travel (i.e., bicycle, pedestrian) to access park amenities thereby reducing vehicle miles traveled on local roads and reducing GHG emissions. The focus of the Proposed Project is to address the park and recreation needs of the local neighborhood—those people within walking/biking distance of the project site. Therefore, the number of trips to and from the park would not generate a substantial number of peak AM and PM vehicle trips and would not significantly affect the existing or future traffic load and capacity of local roadways. Because the Proposed Project would not create significant new regional vehicle miles traveled or other long-term GHG emissions, it would not conflict with any plan or policy intended to reduce long-term GHG emissions.
Construction would produce combustion emissions from various sources. During site preparation and construction of the Proposed Project, GHGs would be emitted through the operation of construction equipment and from worker and builder supply vendor vehicles, each of which typically use fossil- based fuels to operate. The combustion of fossil-based fuels creates GHGs such as carbon dioxide (CO
2), methane (CH4), and nitrous oxide (N2O). Furthermore, CH4 is emitted during the fueling of heavy equipment. Exhaust emissions from on-site construction activities would vary daily as construction activity levels change. As described in Section III of the 2004 IS/MND, due to the limited extent of development proposed, the projected short-term emissions associated with construction are expected to be below emissions thresholds established by the BAAQMD. Therefore, impacts associated with GHG emissions would be less than significant.
Furthermore, global warming is not “new information of substantial importance which was not known and could not have been known” at the time of the 2004 IS/MND because global warming has been known since the 1970s. Because this impact is not significant and global warming is not “new information” within the meaning of Public Resources Code Section 2116 and State CEQA Guidelines Section 15162, none of the triggers under those sections requiring the preparation of a subsequent IS/MND are fulfilled with regard to this issue.
No new or substantially more severe significant effects would occur and no mitigation measures are required.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 23 B. OTHER TOPICS EVALUATED IN THE 2004 IS/MND
1. Agricultural Resources
Section II of the 2004 IS/MND analyzed effects to agricultural resources. No effects were identified.
Construction of the Proposed Project would take place within the abandoned railroad right-of-way and an undeveloped parcel adjacent to the Richmond Greenway. These lands are not used for agricultural or forest uses nor are they zoned for those purposes. Therefore, implementation of the Proposed Project would not result in the conversion of agricultural or forest land, nor would it conflict with existing zoning for these purposes or Williamson Act contract.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
2. Air Quality
Section III of the 2004 IS/MND analyzed effects to air quality. The 2004 IS/MND identified temporary short-term, construction-related effects to air quality. No long-term operational effects were identified.
Background
Ambient air quality has basically remained unchanged since the approval of the 2004 IS/MND. In recent years, the Bay Area Air Quality Management District (BAAQMD) has made two regulatory changes. Revised BAAQMD CEQA Guidelines were adopted in May 2012 that provides new and updated CEQA thresholds for analyzing air quality impacts. In general, the new BAAQMD CEQA Guidelines have lowered the emissions thresholds for identifying project impacts. The 2010 Clean Air Plan
12 (CAP) was adopted in September 2010. The Bay Area CAP is the latest Clean Air Plan which contains district-wide control measures to reduce ozone precursor emissions (i.e., ROG and NOx) and particulate matter.
Clean Air Plan Consistency
An air quality plan describes air pollution control strategies to be implemented by a city, county, or region classified as a non-attainment area. The main purpose of an air quality plan is to bring an area into compliance with the requirements of federal and State air quality standards.
The BAAQMD uses the assumptions and projections of local planning agencies to determine control strategies for regional compliance status. Since the CAP is based on the emissions calculations for certain land uses contained in local General Plans, projects that are deemed consistent with the applicable General Plan are usually found to be consistent with the applicable air quality plan. The proposed project is consistent with the General Plan and would therefore not conflict with any of the control measures designed to bring the region into attainment; therefore the proposed project would not conflict with or obstruct implementation of CAP.
12 Bay Area Air Quality Management District (BAAQMD), 2010. Bay Area 2010 Clean Air Plan. September 15.
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P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 24 Regional and Local Air Quality Impacts
Similar to the Original Project, the Proposed Project would not generate new car trips that would increase ozone precursor emissions, such that the proposed project would result in significant regional and local air quality impacts.
Construction-Related Impacts
Construction activities would temporarily affect local air quality. Construction activities such as earthmoving, construction vehicle traffic and wind blowing over exposed earth would generate exhaust emissions and fugitive particulate matter emissions that affect local and regional air quality.
The development of the proposed project would contribute to the significant construction-related, short-term air quality effects identified in the 2004 IS/MND. The proposed project would not, however, result in any new or substantially more severe construction-related air quality effects than were described in the 2004 IS/MND.
Construction of the Proposed Project would utilize similar construction techniques as identified in the 2004 IS/MND. Implementation of Mitigation Measure AIR-1, identified in the 2004 IS/MND would ensure that impacts would be reduced to less than significant levels.
Since the time of preparation of the 2004 IS/MND, the BAAQMD has revised their recommended construction emissions control measures. Therefore, given that the regulations have been updated, the control measures included in Mitigation Measure AIR-1 shall be updated to include the following construction best management practices consistent with the latest BAAQMD recommendations:
All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publicly visible sign with the telephone number and person to contact at the City of Richmond regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 25
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
3. Cultural Resources
Section V of the 2004 IS/MND analyzed impacts to cultural resources associated with implementation of the Original Project. The IS/MND identified potential impacts to previously unidentified archaeological deposits, paleontological resources (fossils), and human remains as a result of ground-disturbing activities.
The Proposed Project is located in the same study area evaluated in the 2004 IS/MND. For this Addendum in 2013, LSA conducted a records search update for the project at the Northwest Information Center (NWIC)
13 at Sonoma State University, and completed a field review by qualified cultural resources staff. The purpose of the NWIC records search update and the field review was to identify changes to the baseline conditions for cultural resources and determine if new impacts may occur as a result of the new project.
The records search at the NWIC indicated that the project site includes two cultural resources: the Oakland Local Branch of the Atchison, Topeka, and Santa Fe (AT&SF) Railroad Right-of-Way (CA- CCO-757H/P-07-002599) and the “I-Beam Site” (CA-CCO-759H/P-07-002601). As recorded by LSA in 2003, CA-CCO-757H/P-07-002599 consists of the rail bed and associated infrastructure (e.g., telephone poles in the railroad right-of-way and former station locations). CA-CCO-759H/P-07- 002601 possibly represents the remains of the “Pate Station” and (when recorded by LSA in 2003) consisted of an earthen berm, steel I-beams, and structural debris. As noted in the 2004 IS/MND, neither of these cultural resources qualifies as a “historical resource” under CEQA (California Public Resources Code Section 21084.1), based on the results of an evaluation LSA conducted of these resources in 2004.
The field review indicates that most of the railroad-associated cultural resources recorded in 2003 have since been removed or otherwise modified. It does not appear that any of the cultural resources in the project area have acquired significance for purposes of CEQA during the decade since being recorded and evaluated, and they do not qualify as historical resources.
LSA identified no new impacts to historical resources associated with the current project, and potential unanticipated impacts to cultural resources are adequately described—and appropriate mitigation measures provided—in the 2004 IS/MND. Implementation of Mitigation Measures CULT- 1 through CULT-3 identified in the 2004 IS/MND would ensure that impacts would be reduced to less than significant levels.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
13 The NWIC is the official State repository for cultural resources site record and report information for Contra Costa County.
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 26
4. Geology and Soils
Section VI of the 2004 IS/MND analyzed the geological, seismic, and soil conditions within the project area. The 2004 IS/MND identified areas of potential impact, including damage due to seismic ground shaking, seismic-related ground failure (liquefaction), lurching, and expansive soils.
Construction of the Proposed Project would occur within the same study area evaluated in the 2004 IS/MND and would be subject to similar geological, seismic and soil conditions. Similar to the Original Project, the Proposed Project would be constructed in compliance with applicable construction codes and requirements intended to mitigate any adverse impacts resulting from ground sharking, ground failure, liquefaction, and expansive soils. Therefore, the Proposed Project would not result in significant impacts to human safety associated with any of these geologic hazards.
Like the Original Project, the Proposed Project could result in soil erosion and loss of topsoil during earthwork activities associated with construction. Implementation of Mitigation Measures GEO-1a and GEO-1b, identified in the 2004 IS/MND would reduce potential erosion impacts to a less than significant level.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
5. Hydrology and Water Quality
Section VIII of the 2004 IS/MND analyzed effects to hydrology and water quality associated with implementation of the Original Project. The 2004 IS/MND determined that the Original Project would have a less than significant effect on water quality standards and waste discharge requirements.
The Proposed Project would result in an increase in impervious surface on the project site. However, the majority of the project site would be covered with pervious surfaces, including pervious concrete, decomposed granite, turf, planting areas, and a bioswale. Similar to the Original Project, the Proposed Project would not substantially increase runoff from the project site during storm events as stormwater would percolate into the unpaved portions of the project site. Further, the installation of pervious surfaces proposed as part of the Proposed Project would allow for the infiltration of precipitation and recharge of groundwater supplies. Like the Original Project, the Proposed Project would not require the use or extraction of groundwater.
Similar to the Original Project, the Proposed Project would not alter the course of a stream or river within the project site, or involve extensive earth-shaping operations or other activities that would alter the existing drainage or flooding pattern of the site. The Proposed Project is not located within a 100-year flood hazard area; therefore, the Proposed Project would not place housing or other structures within a 100-year flood hazard area. Like the Original Project, localized flooding within the project site would not expose people or structures to a significant risk of loss, injury or death.
The 2004 IS/MND determined that construction activities associated with the Original Project could result in soil erosion that could adversely affect water quality. The Proposed Project would occur in the same vicinity as the Original Project using largely similar construction techniques and would be subject to the same hydrological conditions. Implementation of Mitigation Measure HYD-1, as identified in the 2004 IS/MND, which requires implementation of Mitigation Measure GEO-1a and
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 27 GEO-1b (preparation and implementation of a Stormwater Pollution Prevention Plan [SWPPP] and erosion control plan) would reduce potential erosion impacts to a less than significant level.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
6. Mineral Resources
Section X of the 2004 IS/MND analyzed impacts to mineral resources. No impacts were identified.
The Proposed Project would not result in the loss of availability of a known mineral resource.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
7. Noise
Section XI of the 2004 IS/MND analyzed noise effects related to implementation of the Original Project. The 2004 IS/MND identified no potentially significant noise impacts. Like the Original Project, the Proposed Project would result in the development of recreational land uses in the project site, which would encourage pedestrian and bicycle access, and non-programmed sport and playground activities, and would not result in the generation of high noise levels.
As described in the 2004 IS/MND, construction would require minor excavation and earthwork activities that could result in infrequent periods of high noise. However, this noise would not be sustained and would occur only during the temporary construction period, resulting in a less than significant noise impact. Construction of the Proposed Project would occur in the same vicinity using similar construction techniques.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
8. Population and Housing
Section XII of the 2004 IS/MND analyzed effects to population and housing associated with implementation of the Original Project. The IS/MND identified no areas of potential effect. Similar to the Original Project, the Proposed Project would not induce substantial growth, displace any existing housing units or people and would not necessitate the construction of replacement housing elsewhere.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
9. Public Services
Section XIII of the 2004 IS/MND analyzed effects to public services associated with implementation of the Original Project. The 2004 IS/MND identified no areas of potential effect. The Proposed Project would be located in the same project area evaluated in the 2004 IS/MND and, like the Original Project, would not result in the need for increased public services. The Proposed Project
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 28 would include safety features, such as upgrades to existing lighting and amenities that would promote use of the site for recreational, rather than illicit activities. The Proposed Project would not result in any local or regional population increase. Therefore, the Proposed Project would not require construction of new schools, or result in schools exceeding their capacities.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
10. Recreation
Section XIV of the 2004 IS/MND analyzed effects to recreation. Similar to the Original Project, the Proposed Project consists of a recreational facility, resulting in a net increase of recreational space in the City. The Proposed Project would provide additional community park space and satisfy the need for recreation that is currently provided by other City parks, and could reduce the use of facilities that are currently overused. Because the Proposed Project does not include any new residences or employment-generating uses, it would not increase the use of other parks such that parks would undergo physical deterioration. Implementation of the mitigation measures identified in the 2004 IS/MND and clarified in this Addendum would ensure that the community park that would be developed as part of the Proposed Project would not have an adverse physical effect on the environment.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
11. Transportation/Traffic
Section XV of the 2004 IS/MND analyzed effects to transportation/traffic. The IS/MND determined that the Original Project would ultimately allow for increased bike and pedestrian access from the Ohlone Greenway in El Cerrito to the San Francisco Bay Trail in Richmond, offering a transportation alternative to driving and potentially reducing regional car trips. Similar to the Original Project, the Proposed Project is anticipated to be used primarily by neighborhood residents and is not expected to substantially increase car visitation. Therefore, the Proposed Project would not cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system or would exceed a level of service standard established by the Contra Costa Congestion Management Agency.
The Original Project included several at-grade crossings of local streets. In general, these streets contain low levels of traffic and would not pose safety hazards to trail users. As part of the Original Project, crosswalks and pedestrian crossing signs were to be installed at all at-grade crossings and an illuminated crosswalk provided at the Harbor Way crossing. However, the 2004 IS/MND determined that without proper directional signage, confusion could occur at the termini of the trail (Richmond Greenway), and bus/pedestrian/bicyclist conflicts could occur at the intersection of the trail and Harbor Way. Implementation of Mitigation Measures TRAF-1a and TRAF-1b, as identified in the 2004 IS/MND, would reduce these potential design hazards associated with the Original Project to a less than significant level. As the Proposed Project would not be located at the termini of the Richmond Greenway or at the Harbor Way crossing, these mitigation measures would no longer be
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 29 required. The Proposed Project would include several at-grade crossings at 4th and 6th Streets; however, these streets contain low levels of traffic and would not pose safety hazards to park users.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
12. Utilities and Service Systems
Section XVI of the 2004 IS/MND analyzed impacts to utilities and service systems associated with implementation of the Original Project. The 2004 IS/MND determined that the Original Project had a less than significant effect on wastewater service systems. Although the Proposed Project would include construction of a restroom as part of the Community Plaza Node, the slight increase in wastewater generated by the proposed restroom would be minimal and would not result in a violation of water quality standards or waste discharge requirements.
The 2004 IS/MND determined that the Original Project would not generate substantial quantities of wastewater or require the use of substantial quantities of water. Similar to the Original Project, minimal water would be used for landscape irrigation and maintenance of the Proposed Project. As described in Section II.B, the Proposed Project includes sustainable design features, including water efficient irrigation, drought-tolerant plant species, low-flow water fixtures and utility upgrades to improve efficiency and limit water use. Therefore, the Proposed Project would not require the construction of new wastewater or water facilities or the expansion of existing facilities.
The 2004 IS/MND determined that the Original Project would have a less than significant effect on existing storm water facilities. The Proposed Project would incorporate pervious surfaces to limit the increase in impervious surface on site. In addition, a bioswale and planting areas would bs used to capture and infiltrate stormwater and irrigation.
The 2004 IS/MND determined that the Original Project would result in the generation of relatively small quantities of solid waste associated with recreational uses, which could be accommodated by existing landfills. Similar to the Original Project, the Proposed Project is not anticipated to generate a significant amount of solid waste and receptacles for recyclable waste would be provided as part of proposed improvements in accordance with all statutes and regulations related to solid waste.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
13. Mandatory Findings of Significance
Section XVII of the 2004 IS/MND addressed mandatory findings of significance associated with the Original Project. The IS/MND identified biological resource impacts with possible effects on nesting raptors. Mitigation measures were recommended for the Original Project in Section IV-Biological Resources to reduce these effects to less than significant. The project site contains wetlands ditches, but none of these water sources contain fish, and thus no fish populations would be affected. A mitigation measure was recommended to avoid and/or protect identified wetlands habitats and, like the Original Project, the Proposed Project would be required to comply with this measure.
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 30 The Proposed Project, similar to the Original Project would not affect any historical or prehistorical sites. The Proposed Project would be located on the same site as the Original Project and would be subject to similar environmental conditions. No new resources would be impacted and no increase in effects would occur. Implementation of mitigation measures discussed in the 2004 IS/MND would ensure that effects associated with the Proposed Project would be less than significant.
No new or substantially more severe significant effects would occur and no additional mitigation measures are required.
C. MITIGATION MEASURES
The 2004 MND identified mitigation measures that would reduce or eliminate potential environmental effects of the Original Project. Most of the mitigation measures approved for the Original Project would also apply to the Proposed Project, and are indicated as such below (with applicable modifications made to the wording to reflect timing of surveys or required regulatory review). Mitigation measures for those topics determined to have no change with the Proposed Project would remain the same and are noted as such below. Finally, those mitigation measures for the Original Project that are no longer applicable to the Proposed Project are also summarized with a brief explanation as to why they are no longer applicable.
I. Aesthetics
No mitigation measures needed for either the Original or the Proposed Project.
II. Agriculture
No mitigation measures needed for either the Original or the Proposed Project.
III. Air Quality
Mitigation Measure AIR-1 would be updated to reflect the curre nt BAAQMD control measures for fugitive dust, as noted in underlined text below:
Mitigation Measure AIR-1: During excavation, earthmoving, and grading phases of the proposed project, the construction contractor shall implement the following measures at the project site:
1) Water all active construction sites at least twice daily; 2) Cover all trucks hauling soil, sand or other loose materials, or require all trucks to maintain at least 2 feet of freeboard;
3) Apply water three times daily, or apply nontoxic soil stabilizers on all unpaved access routes, parking areas, staging areas at inactive construction sites, or inactive construction sites; and
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 31 4) Enclose, cover, water twice daily, or apply nontoxic soil binders to exposed stockpiles and unvegetated areas (until vegetation is established).
5) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 6) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 7) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
8) All vehicle speeds on unpaved roads shall be limited to 15 mph. 9) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
10) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points. 11) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 12) Post a publicly visible sign with the telephone number and person to contact at the City of Richmond regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
IV. Biology
Mitigation Measures BIO-1 and BIO-2 would remain the same for the Proposed Project.
V. Cultural Resources
Mitigation Measures CULT-1 through CULT-3 would remain the same for the Proposed Project.
VI. Geology
Mitigation Measures GEO-1a and GEO-1b would remain the same for the Proposed Project.
VII. Hazards and Hazardous Materials
No mitigation measures needed for either the Original or the Proposed Project.
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 32 VIII. Hydrology and Water Quality
Mitigation Measure HYD-1 would remain the same for the Proposed Project.
IX. Land Use and Planning
No mitigation measures needed for either the Original or the Proposed Project.
X. Mineral Resources
No mitigation measures needed for either the Original or the Proposed Project.
XI. Noise
No mitigation measures needed for either the Original or the Proposed Project.
XII. Population and Housing
No mitigation measures needed for either the Original or the Proposed Project.
XIII. Public Services
No mitigation measures needed for either the Original or the Proposed Project.
XIV. Recreation
No mitigation measures needed for either the Original or the Proposed Project.
XV. Transportation
Mitigation Measure TRAF-1a: The City shall install signage to direct trail users from the end for the San Francisco Bay Trail and the Ohlone Greenway to the beginning of the proposed bike and pedestrian route.
Remove Mitigation Measure TRAF-1a because it does not apply to the Proposed Project.
Mitigation Measure TRAF-1b: The City shall work with AC Transit to relocate the existing bus stop on the west side of Harbor Way to the south to provide greater visibility for pedestrian and bicyclists crossing the street. In addition, signage shall be installed that alerts pedestrians and bicyclists to the fact that cross-traffic on Harbor Way may not stop even when the crosswalk is illuminated.
Remove Mitigation Measure TRAF-1b because it does not apply to the Proposed Project.
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 33
XVI. Utilities and Service Systems
No mitigation measures needed for either the Original or the Proposed Project.
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 34 IV . CONCLUSION
On the basis of the evaluation presented in Section III, the changes within the Proposed Project would not trigger any of the conditions listed in Section I.D of this Addendum, requiring preparation of a subsequent or supplemental environmental impact report or negative declaration. Thus, this Addendum satisfies the requirements of CEQA Guidelines sections 15162 and 15164. The Proposed Project does not introduce new significant environmental effects, substantially increase the severity of previously identified significant environmental effects, or show that mitigation measures or alternatives previously found not to be feasible would in fact be feasible.
Overall, the Proposed Project would result in similar effects to those of the Original Project with similar operations as those which were originally proposed and would therefore generate comparable effects. The Proposed Project would not result in new significant effects or effects that would be substantially more severe than those identified in the 2004 IS/MND. The mitigation measures included in the 2004 IS/MND that specifically apply to the Proposed Project would remain applicable, those that should be clarified are noted with an explanation for the rationale, and those that should now be removed include an explanation of why the mitigation measure is no longer needed.
The analyses and conclusions in the 2004 IS/MND remain current and valid. The proposed revisions to the project, as described for the Proposed Project, would not cause new or substantially more severe significant effects than identified in the 2004 IS/MND, and thus no new mitigation measures would be required. No change has occurred with respect to circumstances surrounding the proposed project that would cause new or substantially more severe significant environmental effects than identified in the 2004 IS/MND, and no new information has become available that shows that the project would cause significant environmental effects not already analyzed in the 2004 IS/MND.
Therefore, no further environmental review is required beyond this Addendum to the 2004 IS/MND.
LSA ASSOCIATES, INC. ADDENDUM CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MARCH 2013 RICHMOND UNITY PARK
RICHMOND, CALIFORNIA
P:\CIR1201\UnityPark_Final Draft Addendum.doc (03/27/13) 35 V . REFERENCES
Richmond Greenway IS/MND (LSA Associates, Inc., May 2004) Richmond’s Unity Park Grant Application (City of Richmond, June 2011 Concept Level Site Plan
Draft Unity Park Community Garden Targeted Brownfields Assessment Phase I/II Investigation Sampling and Analysis Plan (Weston Solutions, Inc., October 2012) Phase I/II Investigation Targeted Brownfields Assessment Final Report (Weston Solutions, Inc., February 2013)
Richmond General Plan 2030 Final Public Review Draft (City of Richmond, August 2011) City of Richmond Bicycle Master Plan (Fehr & Peers, October 2011) City of Richmond Pedestrian Plan (Local Government Commission, October 2011) City of Richmond Urban Greening Master Plan website:
http://www.ci.richmond.ca.us/index.aspx?nid=2563 (Accessed February 12, 2013) BAAQMD CEQA Guidelines (BAAQMD, May 2012)
Project Location
Sonoma
Rohnert Park
Yountville
Saint Helena
Winters
Windsor
Dixon
Novato
T
Sunnyvale
Fremont
101
San Jose
San
Mateo
101
101
Palo Alto
Redwood
City
San
Leandro
580
Union City
280
92 380 238
1 82
85 84
35 Livermore
Hayward
80 580
680
880
780
238
980
280
580
580
80 101
101
101
101
1 128
4 116
113
121
12 4
29 San Francisco Oakland
Vallejo
Concord
Santa Rosa
Berkeley
Richmond
Fairfield
Napa
Antioch
Vacaville
Alameda
San Rafael
Pittsburg
Walnut Creek
Santa Clara
Castro
Valley
Pleasanton
Daly City
Davis
South San Francisco
SOLANO
MARIN
ALAMEDA
SONOMA
CONTRA COSTA
NAPA
SANTA CLARA
SAN MATEO
Y O
SACRAME N
SAN FRANCISCO
SAN JO
SOURCE: StreetMap North America (2009)
I:\CIR1201\GIS\Maps\Cultural\Figure 1_Project Location and Vicinity.mxd (1/22/2013) FIGURE 1
Richmond Greenway Richmond Unity Park,
Richmond, Contra Costa County, California
Project Location and Vicinity
05 1 0
MILES
SOURCE: USGS 7.5’ Quads: San Quentin (1980) and Richmond (1980) i:\cir1201\gis\maps\cultural\figure 2_project area.mxd (1/22/2013) FIGURE 2
Richmond Greenway Richmond Unity Park,
Richmond, Contra Costa County, California
Project Area
0 1000 2000
FEET
LEGEND
Project Location
3000
P:\CIR1201\Delineation 2013\g\Figure 3_Proposed Project.cdr (3/5/2013) FIGURE 3
Proposed ProjectBASE SOURCE: Erler & Kalinowski, Inc. (April 2006) FEET
15000
N
Richmond Greenway - Richmond Unity Park
Richmond, Contra Costa County, California
D3
W -3’
L -33’
C15
W -6’
L -34’
C5
W -4’
L -34’
D12
W -1’
L -34’
C3
W -4’
L -37’
C2
W -3’
L -36’
C4
W -6’
L -38’
C13
W -6’
L -41’
C11
W -4’
L -42’
D6
W -3’
L -48’
E1
W -3’
L -49’
C1
W -2’
L -47’
D4
W -3’
L -54’
C9
W -2’
L -55’
D1
W -2’
L -55’
D2
W -4’
L -61’
D5
W -4’
L -62’
D10
W -2’
L -64’
C16
W -2’
L -6’
D8
W -4’
L -69’
D7
W -5’
L -74’
C6
W -6’
L -84’
D9
W -5’
L -88’
C12
W -8’
L -96’
C10
W -6’
L -110’
C8
W -8’
L -168’
C14
W -6’
L -193’
C17
2586 sq ft
Community Garden Node
O H I O A V E
2 N D S T
4 T H S T
6 T H S T
8 T H S T
SOURCE: Microsoft Bing (2012).
I:\CIR1201\GIS\Maps\Delineation\Figure 4_Wetlands and Watercourses.mxd (3/4/2013) FIGURE 4
Richmond Greenway - Richmond Unity Park
Richmond, Contra Costa County, California
Wetlands and Watercourses
LEGEND
Project Boundary Swale or Ditch
Culvert
Seasonal Wetland Swale
06 0 1 2 0
FEET
Community Plaza Node
O H I O A V E
W A Y
M A R I N A
2 0 T H S T
J3
W -2’
L -45’
J2
W -3’
L -130’
K1
W -3’
L -191’
POTENTIAL JURISDICTIONAL FEATURES
W-1’
L-10’
Width
Length
10/14/13 (P:\CIR1302\CIR Corps delineation.doc)
L S A A S S O C I A T E S , I N C .
157 PARK PLACE
PT. RICHMOND, C A 9 4 8 0 1
5 1 0 . 2 3 6 . 6 8 1 0 T E L
5 1 0 . 2 3 6 . 3 4 8 0 F A X
B E R K E L E Y
C A R L S B A D
F T . C O L L I N S
F R E S N O
I R V I N E
P A L M S P R I N G S
R I V E R S I D E
R O C K L I N
S A N L U I S O B I S P O
P L A N N I N G | E N V I R O N M E N T A L S C I E N C E S | D E S I G N
October 14, 2013
Acting South Branch Chief
Regulatory Branch
U.S. Army Corps of Engineers
1455 Market Street, 16
th Floor
San Francisco, CA 94103-1398
Subject: Request for Verification of CWA Wetland D elineation, Richmond Greenway - Unity and Harbor to 8th Parks,
City of Richmond, Contra Costa County, California
Dear Acting South Branch Chief:
On behalf of the City of Richmond Planning and Building Services Department, LSA Associates, Inc. (LSA) is requesting verification of the extent of U.S. Army Corps of Engineers (Corps) jurisdiction under Section 404 of the Clean Water Act for the above-referenced project sites. This letter presents the results of a delineation performed by LSA of the potential extent of waters of the United States, including wetlands, on these project sites.
LSA previously conducted a preliminary jurisdictional delineation of the entire Richmond Greenway corridor in 2003, which included the study sites referenced above. This previous delineation was completed in support of a CEQA analysis and was not submitted to the Corps for verification.
SITE DESCRIPTION
The two project sites are located on the Richmond Greenway right-of-way, an east to west oriented former railroad right-of-way located approximately one-third block north of and parallel to Ohio Avenue in the City of Richmond. The Unity Park site includes two “nodes”, the first of which stretches from 2 nd Street to 8 th Street and is known as the Community Garden Node; the second node reaches from Marina Way to 20 th Street and is known as the Community Plaza Node. Together these two nodes comprise Unity Park. The second park site extends from Harbour Way to 8th Street and is simply referred to as Harbour to 8th Park.
All of these sites are approximately 90 to 100 feet wide and have total lengths of 3,800 feet. An approximately 240-foot length of the Community Plaza Node extends southward to Ohio Avenue.
An existing Class 1 bicycle pathway traverses the full length of both project sites, with paved connections extending north to 3
rd , 7 th , 9th and 15 th through 19 th Street. The parks are partially developed, with existing bicycle paths, native and non-native landscape plantings, seating and gathering areas, and raised garden beds and gardens in several locations.
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 2
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
The two park sites are situated within an un-sectioned portion of Township 1 North, Range 4 West on the Richmond, California 7.5-minute USGS quadrangle, and extend along 37.9313° North Latitude from 122.3676° West Longitude at 2 nd Street to 122.3505° West Longitude at 20 th Street. Figures 1 and 2 (attached) depict the regional location and project site location.
Project site elevations range from approximately 15 feet above mean sea level at 2 nd Street to 35 feet
above mean sea level at 20 th Street. The sites are relatively flat, except for drainage ditches of varying depth that run along either the northern or southern edges of the right-of-way at several locations.
The project sites are bordered by residential neighborhoods, light industrial and commercial buildings, and fenced materials storage yards.
Vegetation
Site vegetation in undeveloped areas is ruderal, non-native annual grassland. Dominant grasses include Italian rye ( Festuca perennis ), soft chess ( Bromus hordeaceus) , wall barley ( Hordeum murinum ), Bermuda grass ( Cynodon dactylon ), wild oats ( Avena fatua ), prickly ox-tongue (Helminthotheca echioides ), Spanish clover ( Lotus pursheanus ), bird’s-foot trefoil ( L. corniculatus ), English plantain ( Plantago lanceolata ), fennel ( Foeniculum vulgare ), fluvellin ( Kickxia elantine ), black mustard ( Brassica nigra ), curly dock ( Rumex crispus ), sheep sorrel ( R. acetocella ), yellow starthistle ( Centaurea solstitialis ), stinkwort ( Dittrichia graveolens ), rough cat’s-ear ( Hypochaeris radicata ), Hooker’s evening primrose ( Oenothera elata ssp. hookeri ), California poppy ( Eschscholzia californica ), field bindweed ( Convolvulus arvensis ), nut sedge ( Cyperus eragrostis ), wild radish (Raphanus sativa ), common mallow ( Malva neglecta ), and filaree ( Erodium cicutarium ). A few trees, consisting of naturalized ornamental species such as eucalyptus ( Eucalyptus globulus ), black acacia (Acacia sp.), and poplar ( Populus spp.) are scattered through these non-native grassland areas.
Soils. The soil on both park sites is mapped by the U.S. Department of Agriculture as Clear Lake clay (Map Unit Symbol Cc) (Web Soil Survey,
http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx , accessed 20 September 2013). Clear Lake clay can be hydric in basin floors, depressions, and strand plains.
Hydrology. The drainage on both park sites is entirely artificial in nature, consisting mostly of un- maintained, remnant railroad ditches draining to city storm drains that intersect the Greenway on north to south oriented cross streets. No natural streams are present on the study site and none of the ditches are directly tributary to natural streams. The site drains to City of Richmond municipal storm drains that in turn empty into San Francisco Bay, a tidal, traditional navigable water of the United States. The bay shoreline lies approximately 3,000 feet south of the project area.
METHODS
The field investigations of potentially jurisdictional wetlands were conducted using the routine determination method provided in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and the revised procedures in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (Arid West Supplement; U.S. Army Corps of Engineers 2008). This methodology entails examination of potential waterbodies for evidence of flow or standing water, and examination of specific sample
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 3
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . points within potential wetlands for hydrophytic vegetation, hydric soils, and wetland hydrology. By the federal definition, all three parameters must be present for an area to be considered a wetland.
Hydrophytic plant species are listed by the 2013 National Wetland Plant List (Lichvar, R.W. 2013.
The National Wetland Plant List : 2013 wetland ratings. Phytoneuron 2013-49: 1-241.). The National List identifies five categories of plants according to their frequency of occurrence in wetlands. The categories are:
Obligate wetland plants (OBL) Plants that occur al most always in wetlands Facultative wetland plants (FACW) Plants that usua lly occur in wetlands Facultative plants (FAC) Plants that are equally l ikely to occur in wetlands or non-wetlands
Facultative upland plants (FACU) Plants that usual ly occur in uplands Obligate upland plants (UPL) Plants that occur almo st always in non-wetlands
An area is generally considered to have hydrophytic vegetation when more than 50 percent of the dominant species in each stratum (tree, shrub, and herb) are in the obligate wetland, facultative wetland, or facultative categories.
Hydric soils are defined by criteria set forth by the National Technical Committee for Hydric Soils (NTCHS). These criteria are given in the Wetland Delineation Manual Supplement and are based on depth and duration of soil saturation. Hydric soils are commonly identified in the field by using indirect indicators of saturated soil, technically known as redoximorphic features. These features are caused by anaerobic, reduced soil conditions that are brought about by prolonged soil saturation. The most common redoximorphic features are distinguished by soil color, which is strongly influenced by the frequency and duration of soil saturation. Hydric soils tend to have dark (low chroma) colors that are often accompanied by reddish mottles (iron mottles), reddish stains on root channels (oxidized rhizospheres), or gray colors (gleying). The Arid West Supplement contains descriptions of numerous federally-recognized hydric soil indicators.
Under natural conditions, development of hydrophytic vegetation and hydric soils are dependent on a third characteristic, wetland hydrology. This criterion is met if the area experiences inundation or soil saturation to the surface for a period equal to at least five (5) percent of the growing season (about 14 days in the region of the project site) in a year of median rainfall. In most cases, this criterion can only be measured directly by monitoring the site through an entire wet season. In practice, the hydrological status of a particular area is usually evaluated using indirect indicators. Some of the indicators that are commonly used to identify wetland hydrology include biotic crusts and oxidized rhizospheres around roots. The Arid West Supplement gives thorough descriptions of numerous federally-recognized indicators of wetland hydrology.
FIELD METHODS
LSA soil scientist Chip Bouril investigated the project sites on 25 January (during the rainy season) and on 23 September and 10 October 2013.
Potential wetland boundaries and sample point locations were mapped using a global positioning system (GPS) receiver with sub-meter accuracy. Wetland boundaries were determined by following a
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 4
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . combination of the limits of hydrophytic vegetation, the limits of observed surface evidence of flow or ponding, topographic breaks, and interpretation of aerial photography.
LSA established 3 sample points on the project sites. Their locations are shown on Figure 3 (attached).
OBSERVATIONS
Potential jurisdictional features identified by LSA are mapped on Figure 3 and include one seasonally saturated constructed bioswale and several ditch channels. The designations applied to these potential jurisdictional features below and on the attached map (Figure 3) follow those originally applied in the 2003 CEQA wetland assessment.
Other Waters
Potentially jurisdictional Ditches C and D are located between 2 nd Street and 8 th Street. These features
were observed in 2003 and are relatively unchanged from the 2003 assessment. The single exception is the subsequent construction of a bio-swale on the eastern end of Ditch C. This bio-swale is discussed below under seasonal wetlands.
None of the ditch segments, including Ditches D, J, and K as well as the remainder of Ditch C, shows distinct evidence of active scour, but all of them do have a generally trapezoidal shape, subtle evidence of debris and sediment movement, and bed and bank morphology. Because of their linear shape and drainage function, these ditch segments are delineated as other waters of the United States, even though some may also have hydrophytic (wetland) plant cover. Please see Table A (attached) for a listing of ditch segments with wetland plant cover. In most cases the plant cover in these segments is composed of facultative (FAC) ruderal species.
Culvert D-10 at 6
th Street appears to drain potentially jurisdictional Ditch D into the municipal storm drain system under 6 th Street and is therefore itself potentially jurisdictional.
Seasonal Wetlands
Bio-swale construction since 2003 has deepened and extended the eastern segment of Ditch D and converted it into a bio-swale with seasonal wetland characteristics. The bio-swale extends east from 6 th Street for an approximate length of 410 feet. The bio-swale has educational signage describing its biological and water quality enhancement functions. The bio-swale meets jurisdictional wetland criteria (see data sheet for Sample Point 1, attached) and has a wide, meandering swale shape instead of the trapezoidal ditch shape typical of other ditch features. The swale is therefore better represented as a seasonal wetland rather than as a non-wetland channel feature.
Other Areas Investigated
A culvert under 4
th Street that drains into Ditch D Segment D-2 has no apparent surface source and is determined to be non-jurisdictional. Two culverts drain non-jurisdictional areas at 7 th Street southward into bio-swale Ditch C segment C-17. Both are determined to be non-jurisdictional.
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 5
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
Two short 8-inch diameter corrugated steel culverts drain underneath paved walkways connecting 9 th Street to the paved Richmond Greenway Class 1 pathway. Both culverts drain into a 2-foot-square storm drain inlet located between the walkways. The storm drain inlet connects to underground municipal storm drain piping leading east and west from the inlet. Short ditches at each end of both culverts do not have any jurisdictional stream or wetland characteristics, so, along with the culverts and storm drain inlet, are determined to be non-jurisdictional.
The portion of the “Community Plaza Node” project s ite opposite 16 th Street, which extends from the
edge of the original study area south to Ohio Street, was not included in the 2003 delineation. This new portion of the project site was inspected in the 2013 investigations and has no potential jurisdictional features.
Sample Points 2 and 3 were placed at different ends of a remnant of a former ditch that runs along the south edge of the Community Plaza Node from 16th Street to 18th Street. The remnant does not have a clear drainage flowline connecting it to any drop inlets or culverts, does not have an ordinary high water mark, and does not have jurisdictional wetland characteristics. This remnant ditch is not a likely water of the United States.
Other locations on the site are vegetated with non-hydrophytic species and did not display any wetland characteristics.
No other evidence of potential waters of the United States was observed on the sites.
CONCLUSIONS
Potential Clean Water Act Section 404 jurisdictional features identified on the Richmond Greenway Unity and Harbour to 8th Park sites consist of 0.059 acre of seasonal wetland and 0.265 acre of non- wetland waters of the United States, for a total potential jurisdictional area of 0.324 acre.
Potential jurisdictional features, project site boundaries, and sample point locations are mapped on Figure 3, which is attached.
The findings and conclusions presented in this report, including the location and extent of other waters subject to regulatory jurisdiction, represent the professional opinion of LSA. These conclusions should be considered preliminary until verified by the Corps.
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 6
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
Please contact me or Sean Lohmann at (510) 236-6810 to schedule a verification visit.
Sincerely,
LSA ASSOCIATES, INC.
Chip Bouril
Wetland Scientist
Attachments: Table A: Potential Waters of the Uni ted States Figure 1: Regional Location
Figure 2: Project Location
Figure 3: Potential Waters of the United States
Data Sheets 1 through 3
cc: Chris Chamberlain, Parks and Landscape Superin tendent City of Richmond, Planning & Building Services Department 450 Civic Center Plaza, 2
nd Floor, Richmond, CA 94804
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 7
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
Table A: Potential Waters of the United States
Type
Wetland
Characteristics
Width
(ft.)
Length
(ft.)
Area
(sq. ft.)
Area
(acres)
WETLANDS
C17 Swale Yes - 410 2,585 0.059
OTHER WATERS
C1 Culvert No 2 50 100 0.002
C2 Ditch Yes 3 35 105 0.002
C3 Ditch Yes 4 35 140 0.003
C4 Ditch Yes 6 40 240 0.006
C5 Ditch Yes 4 35 140 0.003
C6 Ditch Yes 6 85 510 0.012
C8 Ditch Yes 8 165 1,320 0.030
C9 Culvert No 2 55 110 0.003
C10 Ditch Yes 6 110 660 0.015
C11 Ditch No 4 40 160 0.004
C12 Ditch Yes 8 95 760 0.017
C13 Ditch No 6 40 240 0.006
C14 Ditch Yes 6 195 1,170 0.027
C15 Ditch Yes 6 35 210 0.005
C16 Culvert No 2 70 140 0.003
D2 Ditch Yes 4 60 240 0.006
D3 Ditch Yes 3 30 90 0.002
D4 Ditch Yes 3 55 165 0.004
D5 Ditch Yes 4 65 260 0.006
D6 Ditch No 3 45 135 0.003
D7 Ditch No 5 75 375 0.009
D8 Ditch Yes 4 70 280 0.006
D9 Ditch Yes 5 90 450 0.010
D10 Culvert No 2 30 60 0.001
J2 Ditch No 3 130 390 0.009
J3 Ditch No 2 45 90 0.002
K1 Ditch No 3 135 405 0.009
OTHER WATERS TOTAL 1,915 8,945 0.265
TOTAL POTENTIAL
WATERS 11,530 0.324
10/14/13 (P:\CIR1302\CIR Corps delineation.doc)
L S A A S S O C I A T E S , I N C .
157 PARK PLACE
PT. RICHMOND, C A 9 4 8 0 1
5 1 0 . 2 3 6 . 6 8 1 0 T E L
5 1 0 . 2 3 6 . 3 4 8 0 F A X
B E R K E L E Y
C A R L S B A D
F T . C O L L I N S
F R E S N O
I R V I N E
P A L M S P R I N G S
R I V E R S I D E
R O C K L I N
S A N L U I S O B I S P O
P L A N N I N G | E N V I R O N M E N T A L S C I E N C E S | D E S I G N
October 14, 2013
Acting South Branch Chief
Regulatory Branch
U.S. Army Corps of Engineers
1455 Market Street, 16
th Floor
San Francisco, CA 94103-1398
Subject: Request for Verification of CWA Wetland D elineation, Richmond Greenway - Unity and Harbor to 8th Parks,
City of Richmond, Contra Costa County, California
Dear Acting South Branch Chief:
On behalf of the City of Richmond Planning and Building Services Department, LSA Associates, Inc. (LSA) is requesting verification of the extent of U.S. Army Corps of Engineers (Corps) jurisdiction under Section 404 of the Clean Water Act for the above-referenced project sites. This letter presents the results of a delineation performed by LSA of the potential extent of waters of the United States, including wetlands, on these project sites.
LSA previously conducted a preliminary jurisdictional delineation of the entire Richmond Greenway corridor in 2003, which included the study sites referenced above. This previous delineation was completed in support of a CEQA analysis and was not submitted to the Corps for verification.
SITE DESCRIPTION
The two project sites are located on the Richmond Greenway right-of-way, an east to west oriented former railroad right-of-way located approximately one-third block north of and parallel to Ohio Avenue in the City of Richmond. The Unity Park site includes two “nodes”, the first of which stretches from 2 nd Street to 8 th Street and is known as the Community Garden Node; the second node reaches from Marina Way to 20 th Street and is known as the Community Plaza Node. Together these two nodes comprise Unity Park. The second park site extends from Harbour Way to 8th Street and is simply referred to as Harbour to 8th Park.
All of these sites are approximately 90 to 100 feet wide and have total lengths of 3,800 feet. An approximately 240-foot length of the Community Plaza Node extends southward to Ohio Avenue.
An existing Class 1 bicycle pathway traverses the full length of both project sites, with paved connections extending north to 3
rd , 7 th , 9th and 15 th through 19 th Street. The parks are partially developed, with existing bicycle paths, native and non-native landscape plantings, seating and gathering areas, and raised garden beds and gardens in several locations.
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 2
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
The two park sites are situated within an un-sectioned portion of Township 1 North, Range 4 West on the Richmond, California 7.5-minute USGS quadrangle, and extend along 37.9313° North Latitude from 122.3676° West Longitude at 2 nd Street to 122.3505° West Longitude at 20 th Street. Figures 1 and 2 (attached) depict the regional location and project site location.
Project site elevations range from approximately 15 feet above mean sea level at 2 nd Street to 35 feet
above mean sea level at 20 th Street. The sites are relatively flat, except for drainage ditches of varying depth that run along either the northern or southern edges of the right-of-way at several locations.
The project sites are bordered by residential neighborhoods, light industrial and commercial buildings, and fenced materials storage yards.
Vegetation
Site vegetation in undeveloped areas is ruderal, non-native annual grassland. Dominant grasses include Italian rye ( Festuca perennis ), soft chess ( Bromus hordeaceus) , wall barley ( Hordeum murinum ), Bermuda grass ( Cynodon dactylon ), wild oats ( Avena fatua ), prickly ox-tongue (Helminthotheca echioides ), Spanish clover ( Lotus pursheanus ), bird’s-foot trefoil ( L. corniculatus ), English plantain ( Plantago lanceolata ), fennel ( Foeniculum vulgare ), fluvellin ( Kickxia elantine ), black mustard ( Brassica nigra ), curly dock ( Rumex crispus ), sheep sorrel ( R. acetocella ), yellow starthistle ( Centaurea solstitialis ), stinkwort ( Dittrichia graveolens ), rough cat’s-ear ( Hypochaeris radicata ), Hooker’s evening primrose ( Oenothera elata ssp. hookeri ), California poppy ( Eschscholzia californica ), field bindweed ( Convolvulus arvensis ), nut sedge ( Cyperus eragrostis ), wild radish (Raphanus sativa ), common mallow ( Malva neglecta ), and filaree ( Erodium cicutarium ). A few trees, consisting of naturalized ornamental species such as eucalyptus ( Eucalyptus globulus ), black acacia (Acacia sp.), and poplar ( Populus spp.) are scattered through these non-native grassland areas.
Soils. The soil on both park sites is mapped by the U.S. Department of Agriculture as Clear Lake clay (Map Unit Symbol Cc) (Web Soil Survey,
http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx , accessed 20 September 2013). Clear Lake clay can be hydric in basin floors, depressions, and strand plains.
Hydrology. The drainage on both park sites is entirely artificial in nature, consisting mostly of un- maintained, remnant railroad ditches draining to city storm drains that intersect the Greenway on north to south oriented cross streets. No natural streams are present on the study site and none of the ditches are directly tributary to natural streams. The site drains to City of Richmond municipal storm drains that in turn empty into San Francisco Bay, a tidal, traditional navigable water of the United States. The bay shoreline lies approximately 3,000 feet south of the project area.
METHODS
The field investigations of potentially jurisdictional wetlands were conducted using the routine determination method provided in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and the revised procedures in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (Arid West Supplement; U.S. Army Corps of Engineers 2008). This methodology entails examination of potential waterbodies for evidence of flow or standing water, and examination of specific sample
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 3
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . points within potential wetlands for hydrophytic vegetation, hydric soils, and wetland hydrology. By the federal definition, all three parameters must be present for an area to be considered a wetland.
Hydrophytic plant species are listed by the 2013 National Wetland Plant List (Lichvar, R.W. 2013.
The National Wetland Plant List : 2013 wetland ratings. Phytoneuron 2013-49: 1-241.). The National List identifies five categories of plants according to their frequency of occurrence in wetlands. The categories are:
Obligate wetland plants (OBL) Plants that occur al most always in wetlands Facultative wetland plants (FACW) Plants that usua lly occur in wetlands Facultative plants (FAC) Plants that are equally l ikely to occur in wetlands or non-wetlands
Facultative upland plants (FACU) Plants that usual ly occur in uplands Obligate upland plants (UPL) Plants that occur almo st always in non-wetlands
An area is generally considered to have hydrophytic vegetation when more than 50 percent of the dominant species in each stratum (tree, shrub, and herb) are in the obligate wetland, facultative wetland, or facultative categories.
Hydric soils are defined by criteria set forth by the National Technical Committee for Hydric Soils (NTCHS). These criteria are given in the Wetland Delineation Manual Supplement and are based on depth and duration of soil saturation. Hydric soils are commonly identified in the field by using indirect indicators of saturated soil, technically known as redoximorphic features. These features are caused by anaerobic, reduced soil conditions that are brought about by prolonged soil saturation. The most common redoximorphic features are distinguished by soil color, which is strongly influenced by the frequency and duration of soil saturation. Hydric soils tend to have dark (low chroma) colors that are often accompanied by reddish mottles (iron mottles), reddish stains on root channels (oxidized rhizospheres), or gray colors (gleying). The Arid West Supplement contains descriptions of numerous federally-recognized hydric soil indicators.
Under natural conditions, development of hydrophytic vegetation and hydric soils are dependent on a third characteristic, wetland hydrology. This criterion is met if the area experiences inundation or soil saturation to the surface for a period equal to at least five (5) percent of the growing season (about 14 days in the region of the project site) in a year of median rainfall. In most cases, this criterion can only be measured directly by monitoring the site through an entire wet season. In practice, the hydrological status of a particular area is usually evaluated using indirect indicators. Some of the indicators that are commonly used to identify wetland hydrology include biotic crusts and oxidized rhizospheres around roots. The Arid West Supplement gives thorough descriptions of numerous federally-recognized indicators of wetland hydrology.
FIELD METHODS
LSA soil scientist Chip Bouril investigated the project sites on 25 January (during the rainy season) and on 23 September and 10 October 2013.
Potential wetland boundaries and sample point locations were mapped using a global positioning system (GPS) receiver with sub-meter accuracy. Wetland boundaries were determined by following a
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 4
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . combination of the limits of hydrophytic vegetation, the limits of observed surface evidence of flow or ponding, topographic breaks, and interpretation of aerial photography.
LSA established 3 sample points on the project sites. Their locations are shown on Figure 3 (attached).
OBSERVATIONS
Potential jurisdictional features identified by LSA are mapped on Figure 3 and include one seasonally saturated constructed bioswale and several ditch channels. The designations applied to these potential jurisdictional features below and on the attached map (Figure 3) follow those originally applied in the 2003 CEQA wetland assessment.
Other Waters
Potentially jurisdictional Ditches C and D are located between 2 nd Street and 8 th Street. These features
were observed in 2003 and are relatively unchanged from the 2003 assessment. The single exception is the subsequent construction of a bio-swale on the eastern end of Ditch C. This bio-swale is discussed below under seasonal wetlands.
None of the ditch segments, including Ditches D, J, and K as well as the remainder of Ditch C, shows distinct evidence of active scour, but all of them do have a generally trapezoidal shape, subtle evidence of debris and sediment movement, and bed and bank morphology. Because of their linear shape and drainage function, these ditch segments are delineated as other waters of the United States, even though some may also have hydrophytic (wetland) plant cover. Please see Table A (attached) for a listing of ditch segments with wetland plant cover. In most cases the plant cover in these segments is composed of facultative (FAC) ruderal species.
Culvert D-10 at 6
th Street appears to drain potentially jurisdictional Ditch D into the municipal storm drain system under 6 th Street and is therefore itself potentially jurisdictional.
Seasonal Wetlands
Bio-swale construction since 2003 has deepened and extended the eastern segment of Ditch D and converted it into a bio-swale with seasonal wetland characteristics. The bio-swale extends east from 6 th Street for an approximate length of 410 feet. The bio-swale has educational signage describing its biological and water quality enhancement functions. The bio-swale meets jurisdictional wetland criteria (see data sheet for Sample Point 1, attached) and has a wide, meandering swale shape instead of the trapezoidal ditch shape typical of other ditch features. The swale is therefore better represented as a seasonal wetland rather than as a non-wetland channel feature.
Other Areas Investigated
A culvert under 4
th Street that drains into Ditch D Segment D-2 has no apparent surface source and is determined to be non-jurisdictional. Two culverts drain non-jurisdictional areas at 7 th Street southward into bio-swale Ditch C segment C-17. Both are determined to be non-jurisdictional.
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 5
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
Two short 8-inch diameter corrugated steel culverts drain underneath paved walkways connecting 9 th Street to the paved Richmond Greenway Class 1 pathway. Both culverts drain into a 2-foot-square storm drain inlet located between the walkways. The storm drain inlet connects to underground municipal storm drain piping leading east and west from the inlet. Short ditches at each end of both culverts do not have any jurisdictional stream or wetland characteristics, so, along with the culverts and storm drain inlet, are determined to be non-jurisdictional.
The portion of the “Community Plaza Node” project s ite opposite 16 th Street, which extends from the
edge of the original study area south to Ohio Street, was not included in the 2003 delineation. This new portion of the project site was inspected in the 2013 investigations and has no potential jurisdictional features.
Sample Points 2 and 3 were placed at different ends of a remnant of a former ditch that runs along the south edge of the Community Plaza Node from 16th Street to 18th Street. The remnant does not have a clear drainage flowline connecting it to any drop inlets or culverts, does not have an ordinary high water mark, and does not have jurisdictional wetland characteristics. This remnant ditch is not a likely water of the United States.
Other locations on the site are vegetated with non-hydrophytic species and did not display any wetland characteristics.
No other evidence of potential waters of the United States was observed on the sites.
CONCLUSIONS
Potential Clean Water Act Section 404 jurisdictional features identified on the Richmond Greenway Unity and Harbour to 8th Park sites consist of 0.059 acre of seasonal wetland and 0.265 acre of non- wetland waters of the United States, for a total potential jurisdictional area of 0.324 acre.
Potential jurisdictional features, project site boundaries, and sample point locations are mapped on Figure 3, which is attached.
The findings and conclusions presented in this report, including the location and extent of other waters subject to regulatory jurisdiction, represent the professional opinion of LSA. These conclusions should be considered preliminary until verified by the Corps.
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 6
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
Please contact me or Sean Lohmann at (510) 236-6810 to schedule a verification visit.
Sincerely,
LSA ASSOCIATES, INC.
Chip Bouril
Wetland Scientist
Attachments: Table A: Potential Waters of the Uni ted States Figure 1: Regional Location
Figure 2: Project Location
Figure 3: Potential Waters of the United States
Data Sheets 1 through 3
cc: Chris Chamberlain, Parks and Landscape Superin tendent City of Richmond, Planning & Building Services Department 450 Civic Center Plaza, 2
nd Floor, Richmond, CA 94804
10/14/13 (P:\CIR1302\CIR Corps delineation.doc) 7
L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C . L S A A S S O C I A T E S , I N C .
Table A: Potential Waters of the United States
Type
Wetland
Characteristics
Width
(ft.)
Length
(ft.)
Area
(sq. ft.)
Area
(acres)
WETLANDS
C17 Swale Yes - 410 2,585 0.059
OTHER WATERS
C1 Culvert No 2 50 100 0.002
C2 Ditch Yes 3 35 105 0.002
C3 Ditch Yes 4 35 140 0.003
C4 Ditch Yes 6 40 240 0.006
C5 Ditch Yes 4 35 140 0.003
C6 Ditch Yes 6 85 510 0.012
C8 Ditch Yes 8 165 1,320 0.030
C9 Culvert No 2 55 110 0.003
C10 Ditch Yes 6 110 660 0.015
C11 Ditch No 4 40 160 0.004
C12 Ditch Yes 8 95 760 0.017
C13 Ditch No 6 40 240 0.006
C14 Ditch Yes 6 195 1,170 0.027
C15 Ditch Yes 6 35 210 0.005
C16 Culvert No 2 70 140 0.003
D2 Ditch Yes 4 60 240 0.006
D3 Ditch Yes 3 30 90 0.002
D4 Ditch Yes 3 55 165 0.004
D5 Ditch Yes 4 65 260 0.006
D6 Ditch No 3 45 135 0.003
D7 Ditch No 5 75 375 0.009
D8 Ditch Yes 4 70 280 0.006
D9 Ditch Yes 5 90 450 0.010
D10 Culvert No 2 30 60 0.001
J2 Ditch No 3 130 390 0.009
J3 Ditch No 2 45 90 0.002
K1 Ditch No 3 135 405 0.009
OTHER WATERS TOTAL 1,915 8,945 0.265
TOTAL POTENTIAL
WATERS 11,530 0.324
¨§¦580
2N
d St
Carlson BlvdS 23R
d St
14Th St
Garrard
Blvd
S 37Th St
W Ohio Ave M
arina
W
ay
R
um
rill
B
lvd
W Barrett
Ave
Harbour
W
ay
S
Castro
St
37Th
St
Macdonald Ave
M
arina
W
ay
S
S Garrard Blvd
S 2N
d St
Kearney St
Sanford Ave
23Rd
St
W Cutting Blvd
H
arbour
W
ay
Richmond
Pky
23R
d
St
29Th
St
S 39Th St
Roosevelt Ave
13Th
St
Cutting Blvd
Macdonald Ave
Esmond
Ave
22N
d
St
34Th
St
30Th St
Garvin Ave
Maricopa Ave
Mcbryde Ave
Castro St
18Th
StRoosevelt
Ave
Downer Ave
34Th St
24Th
St
Moran Ave
28Th
St
24Th
St
Grant
Ave
17Th
St
20Th
St
25Th St
32Nd
St
26Th
St
Lincoln Ave
19Th St
22Nd
St
21StSt
21St St
33Rd St
32Nd St
31St St
Costa Ave
17Th
St
Hellings
Ave
Lincoln Ave
Garvin
Ave
Coalinga
Ave
Clinton
Ave
30Th
St
Visalia
Ave
Wilcox Ave
California Ave
Hayes St
ClintonAve
26Th
St
25Th
St
Gaynor
Ave
Tulare Ave
Lowell Ave
Humphrey Ave
Andrade Ave
Wendell
Ave
Rheem Ave
Richmond
Marina Bay
SOURCE: ESRI StreetMap North America (2012).
FIGURE 1
Richmond Greenway - Richmond Unity Park
Richmond, Contra Costa County, California
Regional Location and Project Areas
0 1000 2000
FEET
I:\CIR1302\GIS\Maps\Delineation\Figure 1_Project Location and Vicinity.mxd (10/14/2013) ¨§¦80
¨§¦580
A l a m e d aA l a m e d a
C o u n t yC o u n t y
WalnutWalnut
CreekCreek
SanSan
LeandroLeandro
NovatoNovato
VallejoVallejo
S o l a n oS o l a n o
C o u n t yC o u n t y
AlamedaAlameda
CastroCastro
ValleyValley
DalyDaly
CityCity
MartinezMartinez
PleasantPleasant
HillHill
RichmondRichmond
San LorenzoSan Lorenzo
SanSan
RafaelRafael
BerkeleyBerkeley
OaklandOaklandSanSan
FranciscoFrancisco
¨§¦80
¨§¦580
¨§¦780
¨§¦280
¨§¦580
£¤101
£¤101
ST1
ST13
ST24
ST4
C o n t r aC o n t r a
C o s t aC o s t a
C o u n t yC o u n t y
M a r i nM a r i n
C o u n t yC o u n t y
Project Area
Project AreaProject Areas
ðr
SOURCE: USGS 7.5' Quads: San Quentin (1980) and Richmond (1980) I:\CIR1302\GIS\Maps\DelineationFigure 2_Site Location.mxd (10/14/2013) FIGURE 2
Richmond Greenway - Richmond Unity Park
Richmond, Contra Costa County, California
Site Location
0 1000 2000
FEET
LEGEND
Project Location
Harbour to 8th Park
9 T H S T
Harbour Way
Community Garden Node
C17
2,585 sq ft
Community Garden Node
O H I O A V E
2 N D S T
4 T H S T
6 T H S T 8 T H S T
D10
W -2’
L -30’
D3
W -3’
L -30’
C15
W -6’
L -35’
C5
W -4’
L -35’
C2
W -3’
L -35’ C4
W -6’
L -40’ C11
W -4’
L -40’
D6
W -3’
L -45’
C1
W -2’
L -50’
D4
W -3’
L -55’
C9
W -2’
L -55’
D2
W -4’
L -60’
D5
W -4’
L -65’
C16
W -2’
L -70’
D8
W -4’
L -70’
D7
W -5’
L -75’
C6
W -6’
L -85’
D9
W -5’
L -90’
C12
W -8’
L -95’
C10
W -6’
L -110’
C8
W -8’
L -165’
C14
W -6’
L -195’
C13
W -6’
L -40’
C3
W -4’
L -35’
-122.367873
37.932005
-122.359988
37.930811
SP-1
MAP PREPARER: Pam van der Leeden, LSA Associates, Inc.
FIGURE 3
Richmond Greenway - Richmond Unity and Harbour to 8th Parks Richmond, Contra Costa County, California
Potential Waters of the United States
LEGEND
Delineation Study Area
Non-jurisdictional Ditch
Non-jurisdictional Culvert
Wetland Sample Point
Non-wetland Sample Point
Community Plaza Node
O H I O A V E
W A Y
M A R I N A
2 0 T H S T
J3
W -2’
L -45’
J2
W -3’
L -130’
K1
W -3’
L -135’
-122.356021
37.931997
-122.348136
37.930802
SP-2 SP-3
W-1’
L-10’
Width
Length
0 75 150
FEET
OTHER WATERS
Ditch
Culvert
I:\CIR1302\GIS\Maps\Delineation\Figure 3_Potential Waters of the US.mxd (10/14/2013) SOURCE: Aerial Imagery from Contra Costa County (2008). Field Work Conducted on 25 January, 23 September and 10 October 2013. 1 Inch = 150 Feet
POTENTIAL JURISDICTIONAL FEATURES
WETLANDS
Wetland Swale
Type
Wetland
Characteristics
Width
(ft.)
Length
(ft.)
Area
(sq. ft.)
Area
(acres)
WETLANDS
C17 Swale Yes - 410 2,585 0.059
OTHER WATERS
C1 Culvert No 2 50 100 0.002
C2 Ditch Yes 3 35 105 0.002
C3 Ditch Yes 4 35 140 0.003
C4 Ditch Yes 6 40 240 0.006
C5 Ditch Yes 4 35 140 0.003
C6 Ditch Yes 6 85 510 0.012
C8 Ditch Yes 8 165 1,320 0.030
C9 Culvert No 2 55 110 0.003
C10 Ditch Yes 6 110 660 0.015
C11 Ditch No 4 40 160 0.004
C12 Ditch Yes 8 95 760 0.017
C13 Ditch No 6 40 240 0.006
C14 Ditch Yes 6 195 1,170 0.027
C15 Ditch Yes 6 35 210 0.005
C16 Culvert No 2 70 140 0.003
D2 Ditch Yes 4 60 240 0.006
D3 Ditch Yes 3 30 90 0.002
D4 Ditch Yes 3 55 165 0.004
D5 Ditch Yes 4 65 260 0.006
D6 Ditch No 3 45 135 0.003
D7 Ditch No 5 75 375 0.009
D8 Ditch Yes 4 70 280 0.006
D9 Ditch Yes 5 90 450 0.010
D10 Culvert No 2 30 60 0.001
J2 Ditch No 3 130 390 0.009
J3 Ditch No 2 45 90 0.002
K1 Ditch No 3 135 405 0.009
OTHER WATERS TOTAL 1,915 11,530 0.265
TOTAL POTENTIAL WATERS 14,115 0.324
Table A: Potential Waters of the U nited States