General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
EXHIBIT I
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If CONTRACTOR is a sole proprietor (has no employees) then CONTRACTOR must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
EXHIBIT I
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
(primary and excess limits
combined)
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractor’s
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Additional Insured Endorsement
(continued)
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
EXHIBIT I
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Primary and Noncontributory 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 CONTRACTOR and in no way relieves CONTRACTOR from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
CONTRACTOR’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
CONTRACTOR is responsible for satisfaction of the deductible and/or self- insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
CONTRACTOR shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the CONTRATCOR must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
EXHIBIT I
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
10/31/2022
(703) 777-2341(703) 771-185225674Sonoma Technology, Inc1450 N. McDowell Blvd, Suite 200Petaluma, CA 94954271201443824856 A 1,000,000P-630-7S00800A-TIL-2211/1/202211/1/2023300,0005,0001,000,0002,000,0002,000,0001,000,000A BA-7S133196-22-43-G11/1/202211/1/202310,000,000A EX-7S135430-22-4311/1/202211/1/202310,000,000B 42WECAL2J595/1/20225/1/20231,000,000N 1,000,0001,000,000CCyber Liability6608981-0111/1/2022Each Claim / Agg2,000,000DProfessional/PollutiEO000000824-2611/1/202211/1/2023Shared Limit5,000,000"The City of Richmond, its officers, officials, employees, agents and volunteers are included as additional insureds and waiver of subrogation applies with respects to the general liability and such coverage is primary and non-contributory per attached forms. Auto liability with waiver of subrogation per attached forms. Waiver of Subrogation applies in respects to the workers' compensation per attached forms.
The City of Richmond, Water Resource RecoveryPO Box 4046Richmond, CA 94804-0046 SONOTEC-01RSALTZ
AHT Insurance, A Baldwin Risk Partner20 South King StreetLeesburg, VA 20175Travelers Property Casualty Company of AmericaTrumbull Insurance CompanyHSB Specialty Insurance CompanyAdmiral Insurance Company X11/1/2023
X XXXX X
After-The-Fact Purchase Authorization Form (as of June 15, 2011) Please attach this form to the requisition
If you previously initiated a transaction that created an after-the-fact supplier invoice, it must be processed via the `After-the-Fact (ATF) Purchase Authorization' Form.
An After-The-Fact purchase occurs when a department makes a purchase before a purchase order number is issued. For example, authorizing a vendor to begin work before the Purchasing Division issues a purchase order.
Similarly, obtaining goods or services on credit and subsequently submitting the invoice to accounts payable is an AFT. All ATFs, regardless of the dollar amount, present problems for the Purchasing Division, Accounts Payable, vendors, and end-users.
In many cases, these transactions:
* Place the City at financial and credit risk and result in higher than necessary cost paid for products and services. * Create unnecessary administrative efforts
* Bypass City encumbrance requirements
* Violate procurement polices and procedures
When an ATF purchase has been identified, the managing supervisor that made the unauthorized purchase shall complete this form.
Please provide detailed statement explaining the circumstances surrounding this ATF purchase.
What corrective steps have taken to avoid repetition of future ATF's? Any corrective action with the responsible managing supervisor?
Vendor Name:
Amount of Purchase: $
Purchase Date:
I understand that all City purchases require pre-approval and need to be purchased utilizing City policies and procedures.
Supervisor Name Signature Title
Department Director authorizing After-The-Fact Purchase
Name Signature Date
The current contract with Sonoma Technologies expired 12/31/2022 without renewal or extension.
A new contract is on the council agenda for 02/21/2023 to ratify the contract for three (3) years with two, one-year options to renew.
The expiration date has been placed on Manager's calendar three-months prior to the actual expiration date so that the Manager will have sufficient time to place an item on the Council calendar if warranted.
Sonoma Technologies
16,267.00 01/01/2023 - 02/28/2023
Mary Phelps Project Manager I
Daniel Chavarria
Public Works Director 02/06/2023
February 21, 2023 Page 1 of 3
Public Works
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Lina Velasco, Director of Community Development
SUBJECT:
Contract with Wiss, Janney, Elstner Associates, Inc.
(WJE) for Historic Resource Evaluations
FINANCIAL IMPACT: Portions of the contract relating to Point Molate will be paid using Account String: 01917090-400201-PM902 and
Port work using Account String: 40163080-400201-36004
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Winehaven Historic District and Shipyard No. 3
Historic District have several vacant structures, including damaged and deteriorated structural and enclosure
components. City staff is seeking evaluation and related design services to assess what temporary shoring,
structural repairs, or enclosure repairs are necessary to mitigate the further deterioration of these buildings.
RECOMMENDED ACTION:
APPROVE a sole-source contract with Wiss, Janney,
Elstner Associates, Inc. (WJE), in an amount not to
exceed $250,000, for a term ending June 30, 2024, to
provide evaluation and related design services of certain historic structures at Winehaven Historic District and
Shipyard No. 3 Historic District – Public Works (Daniel Chavarria 510-620-5478/Lina Velasco 510-620-6841).
DISCUSSION:
The Winehaven Historic District and Shipyard No. 3 Historic District have several vacant structures. City staff has observed damaged and deteriorated structural and enclosure AGENDA
REPORT
February 21, 2023 Page 2 of 3
components to these structures. To evaluate and repair these issues, City staff is seeking approval of a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE) in an amount not to exceed $250,000, for a term ending June 30, 2024. These evaluations identify what temporary shoring, structural repairs, or enclosure repairs are necessary to mitigate further deterioration to avoid any significant loss of integrity of these historic structures.
Project Objectives
Except for the Fire Station, the buildings to be evaluated at both sites are vacant and their building enclosure materials are generally deteriorated and are damaged in numerous locations, allowing water and animal intrusion and continued deterioration of historic materials.
The overall goals of this Scope of Work are:
Investigation Phase
Assess the condition of the buildings at the two sites, focusing on their structure and building enclosures.
Determine what temporary shoring, structural, and enclosure repairs are recommended to mitigate the further deterioration of these buildings for a period of approximately five years (or possibly longer for the Cafeteria).
Design Phase
Design the recommended repairs and prepare Construction Documents suitable for obtaining construction permits and publicly bidding the projects.
Previous Work Completed by WJE
The Cafeteria Building was constructed at Richmond Shipyard No. 3 in 1943 and is a contributing resource within the Richmond Shipyard No. 3 Historic District. Available original construction documents indicate that the building’s use and floor plan were revised multiple times, unlike most of the other buildings at the shipyard. The one-story wood-framed building is clad with painted wood siding and has gravel-surfaced bituminous low-slope roofing.
WJE previously documented the Cafeteria Building as part of a Historic Structures Report for the overall Richmond Shipyard No. 3. The proposed Scope of work will update that conditions assessment completed in 2013.
In July 2010, WJE was engaged by the City of Richmond to perform an emergency stabilization assessment of seven buildings (Buildings 1, 6, 10, 13, 17, 60, and 63) at the Winehaven National Historic District. The purpose of that assessment was to identify conditions that pose an immediate hazard of collapse. WJE prepared a report dated July 20, 2010, describing their findings from that investigation (see Attachment 3).
In 2011, the City of Richmond engaged Plant Construction to perform emergency stabilization based on the recommendations described in the July 2010 WJE report.
February 21, 2023 Page 3 of 3
WJE was engaged by Plant Construction to provide engineering services to design the stabilization. This work was completed circa August 2011.
Since the emergency stabilization work was limited to those conditions that were observed to be hazardous at the time of the previous site observations, and since the stabilization work was not intended to include protection of the building from weather, further deterioration of portions of the building that had not been stabilized was likely. As a result, the City of Richmond, engaged WJE to conduct follow-up inspections of the buildings to assess whether any significant further deterioration had occurred and whether additional stabilization would be needed. This report was completed in 2012 (see Attachment 4).
The proposed scope of work would also expand upon the previously completed work to include the following buildings: 28 cottages (buildings 31 through 54 and 56 through 59), a Winemaster’s House (building 60), and a Fire Station (building 63). The buildings were originally constructed in multiple periods between 1910 and 1919, with some buildings including more recent additions and modifications. The buildings are contributing resources located within the larger Winehaven Historic District. The buildings are typically constructed of wood framed walls and roofs with concrete foundations. The building enclosure of the cottages and Winemaster’s House include stucco and painted wood siding, composite shingle roofing and wood gutters. There may be wood shingles under the stucco.
The Fire Station enclosure is constructed of corrugated metal siding, composite shingle, and low-slope built-up roofing. The Fire Station is currently leased, while the other buildings have been vacant since the Navy’s departure in 1995.
CONCLUSION:
The requested contract and scope of services will assist the City in developing a repair plan for these historic structures to mitigate the further deterioration of these buildings and ensure there is no significant loss of integrity of these historic structures while rehabilitation of these structures can take place.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Sole Source
Attachment 3 – Winehaven National Register Historic District 2010 Emergency Stabilization Assessment
Attachment 4 – Winehaven National Register Historic District 2012 Annual Condition Assessment
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel
www.wje.com
Atlanta | Austin | Boston | Chicago | Cleveland | Dallas | Denver | Detroit | Doylestown | Honolulu | Houston | Indianapolis London | Los Angeles | Milwaukee | Minneapolis | New Haven | Northbrook (HQ) | New York | Philadelphia | Pittsburgh Portland | Princeton | Raleigh | San Antonio | San Diego | San Francisco | Seattle | South Florida | Washington, DC
February 8, 2023
Mr. Craig K. Murray, SR/WA
Development Project Manager II
City of Richmond
450 Civic Center Plaza
P.O. Box 4046
Richmond, CA 94804-1630
Historic Resource Stabilization – City of Richmond, CA
Point Molate and the Cafeteria at Shipyard Number Three WJE No. 2022.7498
Dear Mr. Murray:
Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to submit this proposal to the City of Richmond (City) to provide architectural and structural consulting services for evaluation and stabilization of the buildings at two sites in the City of Richmond.
Background
Point Molate
The project area at the Point Molate site contains 28 cottages (buildings 31 through 54 and 56 through 59), a Winemaster’s House (building 60), and a Fire Station (building 63). The buildings were originally constructed in multiple periods between 1910 and 1919, with some buildings including more recent additions and modifications. The buildings are contributing resources located within the larger Winehaven Historic District. The buildings are typically constructed of wood framed walls and roofs with concrete foundations. The building enclosure of the cottages and Winemaster’s House include stucco and painted wood siding, composite shingle roofing and wood gutters. There may be wood shingles under the stucco.
The Fire Station enclosure is constructed of corrugated metal siding, composite shingle, and low-slope built-up roofing. The Fire Station is currently leased, while the other buildings have been vacant since the Navy’s departure in 1995. The property has been recently purchased by the Guidiville Rancheria of California; however, we understand the City of Richmond is responsible for maintaining the buildings.
The Cafeteria Building at Shipyard Number Three
The Cafeteria Building was constructed at Richmond Shipyard Number Three in 1943 and is a contributing resource within the Richmond Shipyard Number Three Historic District. Available original construction documents indicate that the building’s use and floor plan were revised multiple times, unlike most of the other buildings at the shipyard. The one-story wood-framed building is clad with painted wood siding and has gravel-surfaced bituminous low-slope roofing.
WJE has previously documented the Cafeteria Building as part of a Historic Structures Report for the overall Richmond Shipyard Number Three. We understand that the City of Richmond is responsible for
Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023
maintaining the Cafeteria building and has a larger goal of rehabilitating and adaptively reusing the building.
Project Objectives
Except for the Fire Station, the buildings at both sites are vacant and their building enclosure materials are generally deteriorated and are damaged in numerous locations, allowing water and animal intrusion and continued deterioration of historic materials. The overall goals of these two projects are as follow:
Investigation Phase
Assess the condition of the buildings at the two sites, focusing on their structure and building enclosures.
Determine what temporary shoring, structural, and enclosure repairs are recommended to mitigate the further deterioration of these buildings for a period of approximately five years (or possibly longer for the Cafeteria).
Design Phase
Design the recommended repairs and prepare Construction Documents suitable for obtaining construction permits and publicly bidding the projects.
Construction Phase (Not included in this proposal)
Assist in the selection of contractors and perform Construction Administration during the installation of the repairs to stabilize the buildings and mitigate further deterioration.
The City has requested that WJE include budgets for the investigation phase and preliminary budgets to begin the design phase promptly after completing the investigation while the final design phase scope s and budgets are adjusted to account for the conditions observed during the investigation.
Scope of Services
WJE proposes the following scope of services for the buildings at the two sites. Our scope will focus on the buildings’ primary structural and building enclosure elements. Budgeted allowances are provided in parentheses, where applicable.
Investigation Phase
1. Visit the project sites to investigate and document the condition of the exterior and interior of each building to identify deterioration of the primary structural and enclosure components that appear likely to lead to significant loss of integrity over the next five years. If attic or crawlspace hatches are present, we will make observations within the attic and crawlspace from the hatch openings and any readily accessible areas. (Pt. Molate: team of 2 for 11 days) (Cafeteria: team of 2 for 2 days)
2. Prepare a report for each site (two total) documenting pertinent observations from our site visit, including conceptual-level recommendations for shoring, repair, and short-term protection of up to five years. We will note conditions that may require prioritized intervention; and will present multiple stabilization approaches and discuss their relative advantages and disadvantages, where applicable.
Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023
We may recommend further investigation of areas that are inaccessible during our site visits or that may require safety upgrades to access.
3. Provide additional consulting services for correspondence or meetings to discuss our observations and recommendations with interested parties identified by the City. (Pt. Molate: 20 hours) (Cafeteria: 10 hours)
Design Phase
1. Perform additional site visits to the project sites to collect detailed documentation and measurements to inform the design of stabilization repairs and preparation of Construction Documents. (Pt. Molate: team of 2 for 3 days)
(Cafeteria: team of 2 for 1 day)
2. Prepare a set of Construction Documents for each project site (two sets total). The Construction Documents will incorporate Division 1 specification sections provided by the City and modified to suit the project by WJE, technical specification sections, and repair drawings. The Construction Documents will be at a sufficient level of detail to obtain construction permits and to publicly bid the work to contractors.
3. Provide additional consulting services for correspondence or meetings to discuss the stabilization design and Construction Documents with the City and other relevant parties. (Pt. Molate: 20 hours) (Cafeteria: 10 hours)
Assumptions and Clarifications
This proposal is based on the following assumptions and clarifications:
The City will provide all existing information about hazardous materials known or suspected to exist on the site. The City will engage a Certified Industrial Hygienist to test materials and provide specifications for the handling and disposal of materials known or suspected at the site that could be affected by the proposed investigation or stabilization work. The City will provide all available drawings of the sites and buildings for our use in preparing field sheets for our investigation and for preparing repair drawings. We do not know whether drawings of the Point Molate buildings are available. Our current understanding is that basic drawings of the Cafeteria are available.
The City will provide access to all of the buildings’ interiors and accessible crawlspaces and attics. Windows and doors of the vacant structures that have been protected with plywood at the exterior will not be observed from the exterior.
Our proposed scope of services does not include evaluation of risk from systems other than the structural and building enclosure systems described in our proposed scope of work. Our scope of services does not include evaluation of fire/water service, electrical, site safety, geotechnical hazards, biological hazards, or hazardous materials that are not affected by the proposed stabilization work.
Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023
Our proposed scope of services does not include assessment of historic components of the buildings to determine their historic significance. In general, we will assume that all existing elements of the buildings are potentially significant and will be included in the stabilization scope. Where we do identify components that are not historic, they may be treated differently. Our proposed Design Phase scope includes preparing limited drafted floor plans and elevation drawings—to the extent needed to convey the scope of repair work and to administer the Construction Phase. We intend to utilize annotated photographs, tabular schedules, and unit price quantity allowances where possible to simplify the Construction Documents. Detailed plans and elevations, as would be produced for full building rehabilitations or as part of a HABS survey, are not included in our proposed scope of services.
The amount of effort that will be required to complete the Design Phase is not fully known at this early stage in the project. The preliminary Design Phase budget proposed below is based on our current limited understanding of the condition of the buildings, and on our experience designing stabilization repairs for similar buildings. After the Investigation Phase is complete, WJE will provide a revised Design Phase budget based on the actual site conditions we observe, if required. We understand that the City may approve a portion of the proposed Design Phase budget as part of our preliminary budget and will revise this after the Investigation Phase is complete, when we can provide a refined Design Phase budget.
Once we complete the Design Phase, WJE can provide a proposal with a recommended budget for Bid Phase and Construction Phase services for the two projects, if requested.
Schedule
We anticipate that the Investigation Phase will take approximately three months to complete and that the Design Phase will take between three and five months to complete, depending on the complexity of the documents.
Compensation
WJE proposes to provide the services described above on a time-and-expense basis, billed at our standard hourly rates in effect at the time services are provided. Based on our current understanding of the condition of the buildings and the anticipated amount of stabilization repair, we recommend a preliminary budget of $246,000. We will not exceed the proposed budget without your written approval.
An approximate breakdown of our proposed scope, budget, and our current hourly rates, are provided in the following tables. Fees not expended in one phase will be allocated to subsequent phases.
Phase Point Molate The Cafeteria Total
Investigation Phase $70,000 $24,000 $ 94,000
Design Phase $108,000 $44,000 $152,000
Total: $178,000 $68,000 $246,000
Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023
Hourly Billing Rates
Principal $350.00
Associate Principal $300.00
Senior Associate $270.00
Associate III $240.00
Associate II $200.00
Our services will be provided in accordance with the attached Terms and Conditions for Professional Services, which are a part of this proposal. If services beyond those described in the scope of services above are requested, they will be performed as additional services, billed on a time and expense basis in addition to our approved budget.
Closing
If this proposal is acceptable, please return a countersigned copy to us as our authorization to proceed or provide a consultant agreement for our review. Should you have any questions or require additional information, we would be happy to discuss this project further at your earliest convenience.
Sincerely,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.
Aaron Weiss
California Licensed Architect: C-35656
Senior Associate
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
2/9/2023
Greyling Insurance Brokerage
3780 Mansell Road, Suite370
Alpharetta, GA 30022
847-753-7211 847-291-9371
Nat'l Union Fire Ins Co of Pittsburgh, PA 19445
Travelers Prop Casualty Co of America 25674
New Hampshire Ins. Co. 23841
A 1,000,000GL9566221 4/1/2022 4/1/2023
500,000
✓
25,000
✓
1,000,000
✓Contractual Liability
2,000,000
2,000,000
A CA5721463 4/1/2022 4/1/2023 2,000,000
✓
✓ ✓
✓Comp/Coll $250/$500 ded.
B CUP2T45283622NF 4/1/2022 4/1/2023✓✓
✓
✓ 10,000
C WC015853342 (AOS) 4/1/2022 4/1/2023 ✓
C WC015853341 (CA) 4/1/2022 4/1/2023 1,000,000N
1,000,000
1,000,000
Matias Ormaza
Sam Barbera
[email protected]
✓
✓
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
330 Pfingsten Rd.
Northbrook IL 60062
72950762
✓
✓
✓
✓
City of Richmond
P O Box 4046
2600 Barrett Avenue
Richmond CA 94804
WJE No. 2022.7498 - Point Molate Cottages
Additional Insured: The City of Richmond, its officers, officials, employees, agents and volunteers $5,000,000
$5,000,000
✓
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 1 of 6
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
2/9/2023
Greyling Insurance Brokerage
3780 Mansell Road, Suite370
Alpharetta, GA 30022
847-753-7211 847-291-9371
Matias Ormaza
Sam Barbera
[email protected]
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
330 Pfingsten Rd.
Northbrook IL 60062
72950778
City of Richmond
P O Box 4046
2600 Barrett Avenue
Richmond CA 94804
WJE No. 2022.7498 - Point Molate Cottages
A Professional Liability C30FA8230201 1/1/2023 1/1/2025 (Claims Made)
Beazley America Insurance Company, Inc. 16510
$1,000,000 Per Claim
$1,000,000 Annual Aggregate
72950778 | 23/25 PL Only | Sam Barbera | 2/9/2023 2:08:09 PM (CST) | Page 1 of 1
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
Subject to the terms, conditions, limitations and exclusions of the policies evidenced herein: The above are included as Additional Insureds when required by written contract with the Named Insured under the general liability including ongoing operations and products/completed operations and auto liability, but only with respect to services provided by the Named Insured, regarding the referenced project.
Excess/ Umbrella Liability policy follows form.
When agreed in written contract, coverage is provided on a primary and non-contributory basis, subject to the terms and conditions of the policies.
Where required by written contract Waiver of Subrogation is afforded the Additional Insureds under Workers Compensation subject to the terms and conditions of the policy.
Greyling Insurance Brokerage Wiss, Janney, Elstner Associates, Inc Attn: Sam Barbera
330 Pfingsten Rd.
Northbrook IL 60062
25 Certificate of Liability (03/16)
ADDENDUM
HOLDER:
ADDRESS:
City of Richmond
P O Box 4046 2600 Barrett Avenue Richmond CA 94804
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 2 of 6
POLICY NUMBER:
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
ANY PERSON OR ORGANIZATION WHOM YOU
BECOME OBLIGATED TO INCLUDE AS AN
PER THE CONTRACT OR AGREEMENT.
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
GL9566221
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 3 of 6
Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits
of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 4 of 6
POLICY NUMBER:
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
ANY PERSON OR ORGANIZATION
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
GL9566221
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 5 of 6
2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
04/01/2022
New Hampshire Ins. Co.
WC015853341 (CA)
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 6 of 6
WINEHAVEN NATIONAL REGISTER HISTORIC
DISTRICT, POINT MOLATE
Emergency Stabilization Assessment
Richmond, California
Final Report
July 20, 2010
WJE No. 2010.1285
Prepared for:
City of Richmond Planning Division
450 Civic Center Plaza, 2nd Floor
PO Box 4046
Richmond, California 94804
Prepared by:
Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel | 510.428.0456 fax
TABLE OF CONTENTS
Introduction ................................................................................................................................................... 1 Building 1 .................................................................................................................... ................................. 3 Masonry section ............................................................................................................... ...................... 3 Conditions ........................................................................................................................................ 3 Recommendations ............................................................................................................................ 3 Wood Frame Section .............................................................................................................................. 3 Conditions ........................................................................................................................................ 3 Recommendations ............................................................................................................................ 4 Concrete Section ..................................................................................................................................... 4 Conditions ........................................................................................................................................ 4 Recommendations ............................................................................................................................ 4 Building 6 .................................................................................................................... ................................. 4 North Section .......................................................................................................................................... 4 Conditions ........................................................................................................................................ 4 Recommendations ............................................................................................................................ 5 Center Section ........................................................................................................................................ 5 Conditions ........................................................................................................................................ 5 Recommendations ............................................................................................................................ 5 South Section .......................................................................................................................................... 5 Conditions ........................................................................................................................................ 5 Recommendations ............................................................................................................................ 5 Building 10 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 6 Building 13 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 6 Building 17 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 7 Building 63 ................................................................................................................... ................................ 7 Conditions ........................................................................................................................................ 7 Recommendations ............................................................................................................................ 7 Winemaker’s House ...................................................................................................................................... 7 Conditions ........................................................................................................................................ 7 Recommendations ............................................................................................................................ 7 Stabilization Priority ..................................................................................................................................... 8
APPENDIX 1 PHOTOGRAPHS
APPENDIX 2 PERFORMANCE SPECIFICATION: SHORING
APPENDIX 3 SHORING DIAGRAMS
WINEHAVEN NATIONAL REGISTER HISTORIC DISTRICT
POINT MOLATE
Emergency Stabilization Assessment
INTRODUCTION
The Winehaven Historic District is listed on the Nati onal Register of Historic Places. Thirty-five of the original buildings are still extant, although all have suffered various amounts of deterioration. WJE was asked to investigate the most significant buildings fo r unsafe or dangerous conditions as described by the Richmond Municipal Code, and to develop a concep tual stabilization plan that addresses the most immediate hazards.
WJE did not be perform a full conditions survey, but limited its focus to those conditions that pose an immediate hazard. The investigation consisted of re view of previous conditions reports including the Point Molate-Draft Environmental Impact Statemen t, Appendix E: Historic Buildings Structural Conditions Assessment, and the Point Molate Building 6 Conceptual Assessment; and a field reconnaissance of the listed buildings to identi fy unsafe and dangerous conditions. The following buildings were investigated:
Building 1 Wine Cellar/Storage
Building 6 Wine Cellar/Administration
Building 10 Warehouse
Building 13 Power House
Building 17 Work Shop/Storage
Building 63 Storage/Fire Station
Building 60 Winemaster’s House
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
BUILDING 1
Building 1 was constructed in three distinct sections ; a two story, steel framed building with masonry infill, and concrete floors and roof deck located at the south end; a one-story concrete structure with a heavy timber roof to the north; and a two story, wood frame section that fills the corner between the other two sections at the northeast (Figure 1).
Masonry section
Conditions
The exterior brick masonry is gene rally in good condition, however ther e were a few areas of distress noted. The circular turrets located at the corners of the projected bays at the north and south ends building exhibit some vertical cracking. There is vegetation growing from the top and loopholes in the sides of the turrets at most locations. The terra cotta soffit pa nels are cracked or dislodged in numerous locations (Figure 2). All of the damage is likely the result of corrosion of the internal steel frame. In the brick wall below the turrets, there appears to be a steel colu mn embedded in the brick wall. The steel columns appear to be corroded, causing cracking and spalling of the exterior brick near the corner (Figure 3).
The east side of the masonry section there is a loadi ng dock that extends the full length of the building, terminating at the wood frame section (Figure 4). Th e loading dock is concrete, and the roof over the loading dock is steel framed. The steel roof framing is supported within the exterior brick wall. At one of the supports, the brick is spalling, indicating po ssible corrosion of the connection within the wall (Figure 5). The concrete loading dock has experience d settlement; the worst settlement is about 7 inches at the north end of the concrete loading dock.
On the interior of this portion of the building is al so in generally good condition. The basement of this section has a concrete slab with a raised wood floor. There is a section of the wood floor in the southern section that is decayed. The sump near the stair and el evator is filled with water. At the ceiling of the partial third story there is evidence that the roof h as leaked, causing corrosion of the reinforcing steel in the roof and subsequent spalling of the concrete roof deck, in some cases exposing reinforcing bars (Figure 6).
Recommendations
The only condition that should be immediately addressed is the cracking of the masonry in the turrets at the corners of the building bays. Additional cracking resulting from the continued corrosion of the steel elements could result in the loss of the turrets. We recommend the placement of steel banding at each of the turrets to prevent further displacement.
Wood Frame Section
Conditions
This section of the building is partially two stories. The roof is in very poor condition, and portions of the gutters have pulled away from the building (Figur e 7). A large section of the second floor roof has collapsed (Figure 8). There are sections of the wood joists and wood deck that are only partially supported by the wood trusses (Figure 9). In addition, a portion of the exterior wall has collapsed.
The wood frame section also has a loading dock on th e east side. The roof over this section of loading dock is wood framed. The base for one of the outboar d posts supporting the loading dock roof has failed
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
due to decay, causing the post to drop (Figure 10). Th is has caused the loading dock roof to partially collapse, and to pull away from the building (Figure 11).
No access to the interior of this section was available, but portions of the interior were visible from the exterior where the structure has collapsed.
Recommendations
The unsupported portions of wood frame roof at th e second story and at the loading dock are of immediate concern. We recommend that at the building roof, the wood joists that are partially supported by the roof trusses be removed. At the loading dock, the roof should be removed, or braced and shored.
Concrete Section
Conditions
There is some cracking of the concrete wall at the north end of the building (Figure 12). The roof has failed, and water intrusion is significant in this portion of the building. A large section of the wood framed roof has collapsed, likely due to the water intrusion and the subsequent decay of the wood framing (Figures 13 and 14). There are signs of extensive water intrusion in the remaining portion of the roof, especially at the two area sloped to provide drainage at the west edge. Many of the roof girders and joists are heavily water stained, and there has been crushi ng of the wood corbels at the top of three of the columns in these locations (Figure 15). A number of columns to the north of the collapsed roof are distressed; one column has decayed at the base, and shifted off of its support. (Figure 16), an adjacent column is split at the base, and the concrete pier has eroded (Figure 17), an additional column has shifted off center of the concrete base (Figure 18).
Recommendations
Sections of the roof deck framing that have collap sed, or are only partially supported, should be removed.
The roof frame in the drainage areas should be sh ored, especially at the columns exhibiting crushed beams and corbels. The columns that have shif ted at the base should be re-centered and braced.
See shoring diagram Appendix 3.
BUILDING 6
This building is comprised of three sections, constructe d at different times; a one story concrete structure with a wood truss roof, and which is divided into two sections by a concrete wall that extends through the roof; a second one story section of similar construction, attached to the south of the first; and a two story concrete structure with wood frame floor and roof at the south (Figure 19).
North Section
Conditions
The north end appears to have been the original sec tion of the building, based on the appearance of the parapet walls. It is divided into two sections as noted above. The exterior walls, and the center dividing wall are constructed of reinforced concrete and the roofs are wood framed with a wood ceiling. The concrete is severely deteriorated and spalling and exposing reinforci ng steel at numerous locations. This condition is most severe at the crenulated parapet (Fi gure 20). There are several sections of the roof that have collapsed; the northeast and northwest corner of the north section (Figure 21), and the southeast and
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
southwest corner of the center section (Figures 22). In addition, there are numerous areas where the wood ceiling has collapsed or is severely decayed and is sagging (Figure 23). There was granular insulation between the ceiling and the roof, and the collapse of th e roof has spilled this insulation on the floor. It appears that leaking water through the roof has collected in the insulation, adding significant weight to the ceiling while also causing decay of the ceiling framing.
Recommendations
The roof and ceiling collapse are the immediate concerns . The task is to prevent further collapse and still retain as much of the original fabric as possible. All portions of the roof and ceiling that have collapsed or are only partially supported should be removed. To accomplish this, it will first be necessary to shore the center section of each roof section to provide a place from which to safely operate. After initial shoring of the structure, the portions of the ceiling that have co llapsed, are sagging, or are otherwise only partially supported, should be removed. Add itional shoring should be installed as necessary to proceed safely. If any portions of ceiling remain intact, they should be retained, and the granular insulation should be removed from those areas. Concurrent with rem oval of the ceiling, the collapsed and partially unsupported portions of the roof should be removed, leaving as much of the roof structure as possible.
Center Section
Conditions
The center portion of the building is also constructe d with concrete walls a nd a wood framed roof. The eastern half of this section has an elevated floor. The roof has numerous leaks, but since there is no ceiling in this area, moisture has not been trapped a nd there has been no collap se. It also appears that many of the columns supporting the roof framing have been relocated and the roof girders have been retrofitted with splices to span to the new column locations (Figure 24).
Recommendations
It is recommended that the girders be temporarily shored where the columns have been relocated. See shoring diagram Appendix 3.
South Section
Conditions
The south section of the building is two-stories tall wi th exterior concrete walls and wood floors and roof.
The second floor framing is sloped for drainage and there are wood-framed trough built into the floor for collecting liquid. Many of these troughs have extensive leakage stains below (Figure 25). Portions of the wood roof decking have been replaced, particularly in the areas designed for drainage, indicating previous roof failure, and possible replacement.
Recommendations
There are no recommendations for emergency stabilization of this portion of Building 6.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
BUILDING 10
Conditions
This structure is comprised of three sections built at various times with different structural systems.
The southern section of the building is construc ted of brick walls and a steel-framing supporting a concrete roof. The steel framing is encased in ceme nt plaster. There has been some leaking through the roof, which has led to corrosion of the reinforcing in the roof slab and some concrete spalling (Figure 26).
In addition, one section of plaster encasing a steel beam has fallen, apparently due to corrosion of the steel beam and saturation of the stucco.
The central section of the building is constructed with steel framed roof trusses supported on steel columns. The exterior walls and roof are constructe d of wood studs and roof joists, and the walls are sheathed with corrugated sheet metal. The steel truss at the south e nd of this section has two diagonal members that have been cut and removed (Figure 27). The corrugated metal roof has numerous holes due to significant corrosion (Figure 28).
The north section of the building has wood framed wa lls and roof. The exterior walls and roof are sheathed with corrugated metal panels. At the north end of the west wall, a section of the exterior wall is missing. Along the north wall near the missing section of the west wall, the wood ledger beam supporting the roof joists is decayed and has lost its support (Figure 29).
Recommendations
We recommend that the ledger at the north wall be braced.
BUILDING 13
Conditions
The main portion of the building is constructed with exterior brick walls and a wood-framed roof. There were originally two lines of trusses running east-west, supported by center posts. The northwest portion of the roof has collapsed, including on e of the trusses (Figure 30). The remaining truss along the south edge of the collapsed section is noticeably twisted (Figure 31).
On the north side of the original building, there is an addition constructed of co ncrete perimeter walls, an interior brick wall, and a wood-framed roof. This structure appears to be in fair condition.
Recommendations
We recommend shoring the roof currently supported by the truss adjacent to the collapsed portion of roof.
In addition, the west wall of the building adjacent to the roof collapse should be braced with diagonal struts against out-of-plane failure. It is anticipated that the north wall in the same area will be adequately supported by the addition. See shoring diagram Appendix 3.
BUILDING 17
Conditions
This is a one-story building constr ucted with wood-framed walls and r oof with a concrete floor slab, corrugated metal siding panels a nd a wood sheathed roof (Figure 32). Along the south side of the building, the wood columns supporting the roof bear on a concrete strip footing. Along the north side, the
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
columns are supported on isolated concrete footings. There is evidence of settleme nt of the footing near the center of the north side (Figure 33). One of the co lumns is no longer in contact with this footing, and this portion of the wall is unsupporte d. The concrete floor slab has ex tensive cracking and indications of settlement (Figure 34). The largest crack is parallel to the south wall and is about 1 inch wide.
Recommendations
Although there is significant settlement in the fo undation and slab, there are no immediate hazards created, and we have no recommendations for emergency stabilization of this structure.
BUILDING 63
Conditions
This building was used as the fire station and is mo stly a one-story building with wood-framed walls and roof. The central section of the building has a gabled roof and the roof on either side is flat. There is a second floor in the central section at the east end that was used as the bunkhouse. The northern section has numerous roof leaks. The gypsum board ceiling and walls in the northern section are moldy and the area has a musty smell. Portions of the gypsum board have collapsed and some of the fiberglass insulation appears saturated. There are leaks in the roof of th e southern section of the building and the framing is water stained. Below the roof leaks, there is a raised wood platform that is soaked and decayed.
Recommendations
There are no recommendations for emergency stabiliza tion of Building 63. It would be advisable to remove the saturated gyp board and insulation to prevent further mold and decay of the roof framing.
WINEMAKER’S HOUSE
Conditions
The winemaker’s house is a two-story, wood framed st ructure. The exterior sheathing appears to have been originally sheathed with wood shingles and then stucco was applied over the shingles. There is no evidence of structural deterioration of this building.
Recommendations
There are no recommendations for emergency stabilization of the Winemaker’s House.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
STABILIZATION PRIORITY
All of the conditions noted in this report are iden tified as immediate hazards, and all of the recommended stabilization measures should be implemented in an e xpedited manner. However, availability of funds for addressing the stabilization recommendations may require setting an order of implementation. To assist in the scheduling of work, we have listed the hazardous conditions in order of priority below:
1. Remove collapsed roof and ceiling sections and shore damaged roof and ceiling in north wings of Building 6.
2. Remove collapsed roof and shore damaged portions of roof at concrete wing of Building 1.
3. Shore brick wall and distressed roof section at Building 13.
4. Remove collapsed roof at second floor and loading dock of wood frame wing of Building 1.
5. Shore inadequately supported portions of roof at center wing of Building 6.
6. Band displaced sections of turrets at Building 1.
7. Brace unsupported section of roof at Building 10.
8. Remove the saturated gyp board and insulation from the roof framing at Building 63.
APPENDIX 1
PHOTOGRAPHS
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 1.
Figure 2.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 3.
Figure 4.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 5.
Figure 6.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 7.
Figure 8.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 9.
Figure 10.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 11.
Figure 12.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 13.
Figure 14.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 15.
Figure 16.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 17.
Figure 18.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 19.
Figure 20.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 21.
Figure 22.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 23.
Figure 24.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 25.
Figure 26.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 27.
Figure 28.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 29.
Figure 30.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 31.
Figure 32.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Figure 33.
Figure 34.
APPENDIX 2
PREFORMANCE SPECIFICATION
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-1
PERFORMANCE SPECIFICATION
SHORING
PART 1 GENERAL
1.1 DESCRIPTION
A. The work of this section consists of the design and installation of shoring to stabilize certain areas of the following structures and prevent further deterioration or damage to the historic features. The shoring is intended to remain in place until permanent repairs to the buildings are designed and implemented.
1. Building 1 - several locations of roof and masonry turrets
2. Building 6 - north section and central section roof
3. Building 10 - north end wall
4. Building 13 - main building roof and masonry wall
1.2 SUBMITTALS
A. Before commencing the work of this Section submit the following:
1. Product Data: Submit product data indicating the type of shoring to be used on the Project, and the safe load-carrying capacity for the shoring for the heights and lengths of the shoring components to be used on the Project.
2. Shop Drawings: Submit shop drawings showing the location, distribution, and quantity of shoring to be provided at locations to be shored and the details for attaching the shores to the existing building elements. The shop drawings shall be prepared by a California licensed Professional Engineer or Structural Engineer (the Engineer-of-Record for the shoring), and shall be identified as such by a stamp on the shop drawings.
3. Safety Plan: Submit a safety plan for the work describing the procedures for ensuring safe access to the site. Include sequence information.
B. Field review of installed shoring: Submit letter sealed by the Engineer-of-Record for the shoring indicating that the installation of the shoring is consistent with the approved shop drawings.
1.3 REFERENCES
B. Regulations
1. Occupational Safety and Health Administration (OSHA) 1) Code of Federal Regulations, Title 29, Chapter 17, Department of Labor, Part 1926, “Safety and Health Regulations for Construction, subpart L,” 1997, Washington, D.C.
2. California Occupational Safety and Health Standards (CALOSHA)
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-2
2) California Code of Regulations, Title 8, Section 1717 Subchapter 4. Construction and Safety Orders, Article 29. Erection and Construction, § Falsework and Vertical Shoring.
C. Reference Standards: All standards latest edition as of the date of Contract Award.
1. American Concrete Institute (ACI)
3) ACI 301 - Specifications for Structural Concrete for Buildings 4) ACI 318 - Building Code Requirements for Structural Concrete 5) ACI 347 - Guide to Formwork for Concrete
2. American National Standards Institute (ANSI)
6) “American National Standard for Construction and Demolition Operations - Concrete and Masonry Work Safety Requirement.” ANSI A10.9-1997 (R2004)
3. American Forest & Paper Association (AF&PA)
7) ANSI / AF&PA NDS-2005 “ASD/LRFD National Design Specification for Wood Construction”
4. American Society of Civil Engineers (ASCE)
8) “Design Loads on Structures During Construction” ASCE 37-02
1.4 SYSTEM DESCRIPTION
D. Performance Requirements
1. The existing structural wall and roof framing shall be designed to span between new shoring and existing structural supports to resist the required loads as described below.
2. Shores shall be designed to carry the full weight of the floor system and framing elements on which work is being performed plus the following live loads associated with construction activity:
a. Flat roofs: 20 pounds per square foot
b. Floors: 50 pounds per square foot
3. The shoring for walls and vertical elements designated for shoring shall be designed to resist wind loads:
a. Pressure on the windward projected area: not less than 10 pounds per square foot b. Suction on the leeward projected area: not less than 10 pounds per square foot
4. Cracked masonry turrets at Building 1 shall be wrapped to prevent the existing masonry from becoming dislodged. Minimum capacity of supplemental wrapping shall be 5000 pounds tension per foot of height of the turret.
5. Shoring shall be designed in a manner that it can be installed and removed without damaging the exterior surface of the buildings.
6. Structural capacities of existing elements shall be calculated using the 2007 California Building Code and the following referenced standards:
a.
ANSI / AF&PA NDS-2005 - “ASD/LRFD National Design Specification for Wood Construction”
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-3
b. ACI 318 - Building Code Requirements for Structural Concrete c. ANSI/AISC 360-05 - “Specification for Structural Steel Buildings” E. Shoring shall be provided to temporarily support the structural elements whose support, reinforcing, or cross-section is to be removed, rendered ineffective, or significantly diminished by demolition or existing deterioration.
F. The Contractor shall be responsible for the design of the shoring system, including layout of shoring locations.
G. The shoring system shall be supported to grade unless the floor system or framing elements below are shown to have sufficient capacity to support the reactions from the shoring.
H. Timber cribbing shall be provided where required to distribute shoring reactions into the floor slab or framing elements below, and shims provided as appropriate to eliminate concentrations of load coming into the shoring from the structural element being supported.
I. Shoring shall be in place prior to the removal of adjacent deteriorated elements.
PART 2 PRODUCTS
2.1 MANUFACTURED COMPONENTS
J. Shores shall be steel or aluminum post shores, steel or aluminum frames, or other prefabricated assemblies with an allowable load capacity sufficient to support the calculated shoring loads at the spacing and positioning shown in the shop drawings.
K. Shoring supporting vertical loads shall be adjustable through positive means, such as by adjustable screw jacks, in order to achieve a tight fit against the underside of the supported element and compensate for elastic shortening of the shores during their loading and other effects.
L. Proprietary shoring systems shall include all necessary components for proper installation of the shoring system in accordance with the manufacturer’s recommendations. All such components shall be undamaged.
2.2 ACCESSORIES
M. Bracing shall be sections intended for use with the manufactured assemblies provided, or an approved structural section.
N. Cribbing shall be timber sections with a minimum cross-section of 3-1/2 inch by 3-1/2 inch and sufficient length to distribute shoring reactions into the supporting structural element below.
O. Shims for reducing load concentrations at bearing points.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-4
PART 3 EXECUTION
3.1 EXAMINATION
A. Prior to any work, perform the following operations:
1. Survey all areas designated for shoring to verify the existing conditions and to identify structurally sound framing to which the shoring can be attached. a. Building 1
1) Collapsed roof at the wood frame portion of the structure at the northeast corner
2) Collapsed roof at the concrete wall with wood framed roof portion at the northwest corner
3) Inadequately supported roof at the wood frame portion of the loading dock on the east side
4) Cracked turrets at the masonry exterior wall
b. Building 6
1) Collapsed roof at the one-story concrete wall with wood framed roof and wood framed ceiling portion at the north end
2) Collapsed roof at the one-story concrete wall with wood framed roof without ceiling at the central portion.
c. Building 10
1) Inadequately supported wood framing at north end wall d. Building 13
1) Collapsed roof framing at main section of the building 2) Unsupported masonry wall along the west side of the building
2. Prepare and submit a shoring plan to the Owner to address:
a. Work sequence and schedule
b. Plumbing, electrical and other services that require relocation, disconnection, or supplemental support.
B. Identify any areas of decay or deterioration that would affect the capacity of the existing structure to resist the loads due to shoring.
3.2 DESIGN
P. Design shoring in accordance with regulations and reference standards.
3.3 INSTALLATION
Q. Proceed with caution. Install shoring in an incremental sequence as necessary, ensuring that an area where work is being performed is adequately stabilized prior to proceeding.
Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-5
R. Construct the shoring in accordance with the approved shop drawings at designated locations.
The workmanship shall be of such quality that the shoring will support the imposed loads without excessive settlement or deflection.
S. Proprietary shoring systems shall be assembled using only the components supplied by the system manufacturer. Such systems shall be installed in accordance with the manufacturer’s recommendations.
T. Shores shall be installed snug, plumb, and square. Adjust shores as necessary to ensure a tight fit against the structural element to be supported. Minimize differential leg loading of vertical shoring systems.
U. Shoring shall bear uniformly on the supporting structural element. Provide shims or cribbing as necessary to ensure sufficient distribution of forces into the supporting elements. If more than one layer of cribbing is required, each successive layer shall be laid perpendicular to the preceding layer.
V. Shores shall be effectively cross-braced to prevent buckling failure of individual members and overall shoring stability failure.
W. The installation of the shoring shall be verified in the field by the Engineer-of-Record for the shoring. Any deviations identified by the Engineer shall be corrected by the Contractor.
END OF SECTION
APPENDIX 3
SHORING DIAGRAMS
Roof collapsed
- remove
debris
Shore girders, Typical
shaded areas
Shore girders - Typical
shaded areas
Realign post
Realign post
Building 1 Concrete Section Shoring Diagram
N
WINEHAVEN NATIONAL REGISTER HISTORIC
DISTRICT
2012 Annual Condition Assessment
Point Molate
Richmond, California
Final Report
October 2, 2012
WJE No. 2011.4615
Prepared for:
Mr. Joel Camacho
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Prepared by:
Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel | 510.428.0456 fax
Attachment 4
TABLE OF CONTENTS
Background ................................................................................................................................................... 1 Site Observations .......................................................................................................................................... 1 Building 1 ............................................................................................................................................... 2 Area A - Masonry Section ............................................................................................................... 2 Area B - Concrete Section ............................................................................................................... 6 Area C - Wood Frame Section ......................................................................................................... 7 Building 6 ............................................................................................................................................. 12 Building 10 ........................................................................................................................................... 13 Building 13 ........................................................................................................................................... 14 Building 63 ........................................................................................................................................... 15 Conclusions ................................................................................................................................................. 15
WINEHAVEN NATIONAL REGISTER HISTORIC DISTRICT
2012 Annual Condition Assessment
Point Molate
Richmond, California
BACKGROUND
In July 2010, Wiss, Janney, Elstner Associates, Inc. (WJE) was engaged by the City of Richmond to perform an emergency stabilization assessment of seven buildings at the Winehaven National Historic District. The purpose of that assessment was to identify conditions that pose an immediate hazard of collapse. WJE prepared a report dated July 20, 2010 describing our findings from that investigation.
In 2011, the City of Richmond engag ed Plant Construction to perform emergency stabilization based on the recommendations described in the July 2010 WJE report. WJE was engaged by Plant Construction to provide engineering services to design the stabilization. This work was completed circa August 2011.
Since the emergency stabilization work was limited to those conditions that were observed to be hazardous at the time of the previous site observations , and since the stabilization work was not intended to include protection of the building fro m weather, further deterioration of portions of the building that had not been stabilized was considered to be likely. As a result, the City of Richmond, engaged WJE to conduct follow-up inspections of the buildings to assess whether any significant furthe r deterioration had occurred and whether additional stabilization would be needed. The buildings included in the follow -up inspection are:
Building 1: Wine Cellar/Storage
Building 6: Wine Cellar/Administration
Building 10: Warehouse
Building 13: Power House
Building 63: Storage/Fire Station
Descriptions of each of the buildings are included in the July 20, 2012 report. Descriptions of the emergency stabilization work are shown on the Emergency Stabilization drawings dated July 28, 2011.
SITE OBSERVATIONS
Alan Dreyfuss and Brian Kehoe of WJE visited the site on July 25, 2012 to observe the conditions at the five buildings listed above. Our findings are based on visible observations of accessible areas of each building.
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Building 1
The original portion of Building 1 is comprised of reinforced concrete floors supported on structural steel beams and columns with nonstructural exterior brick masonry walls. The northeast and northwest sections are constructed with wood framing. The foundations for all of the sections are constructed with reinforced concrete. Minor spalling of the concrete foundation was noted in several locations.
Area A - Masonry Section
At the southeast corner of the building there is a vertical crack in the brick wall that appears to correlate with an embedded steel column. This crack was previously observed, but the crack may have widened and the out -of-plane offset of the brick across the crack may also have increased. Figures 1 and 2 show the condition of this corne r in 2010 and in July 2012, respectively. The cracking is limited and is most severe at the ground floor level. Continued deterioration does not pose a serious hazard to the structural integrity of the building since gravity loads are supported by the steel column inside of the wall, nor to the limited number of anticipated visitors.
Figure 1. Cracked brick at southeast corner of
Building 1 as observed on March 31, 2010
Figure 2. Cracked brick at southeast corner of
Building 1 as observed on July 25, 2012
The five turrets at the building roof parapet wall were encased in steel bands during the stabilization effort to restrict further cracking and displacement of the brick, and prevent possible c ollapse. The cracking of the turrets above the roof level do not appear to have changed noticeably. Photographs taken in July of 2011 immediately after the stabilization was completed appear similar to our recent observations. At many of the steel bands surrounding the turrets, there are gaps between the brick and the bands, indicating
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
that the brick has not expanded to fill the gaps. Figures 3 through 6 show comparisons of the condition of two of the more significantly damaged turrets from July 2011 to July 2012.
Figure 3. Condition of Building 1 turret at west wall
on July 20, 2011
Figure 4. Condition of Building 1 turret at
west wall on July 25, 2012
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Figure 5. Condition of Building 1 turret at SE
corner on July 20, 2011
Figure 6. Condition of Building 1 turret at SE
corner on July 25, 2012
Along the east side of the building, horizontal cracks near the top of the parapet wall were obs erved.
Cracking of the cement parge coat on the top of the parapet was observed and some of the parge coat was dislodged, as shown in Figure 7. Horizontal cracking of the parapet wall due to the expansion of corroded reinforcing steel, as shown in Figure 8, was noted along the entire length of parapet on the east side of the one-story section. The failure of the parge coat and the displacement of the brick are allowing for continued moisture intrusion into the wall, which will continue to cause corrosion of the imbedded steel.
Failure of the parapet wall is possible as the corrosion increases. The roof over the loading dock provides some protection to visitors.
At the penthouse section on the east side, the bricks at one of the crenellations had dislodged and had fallen onto the roof over the loading dock, as shown in Figure 9. These conditions were not previously noted. Corrosion of embedded reinforcing steel has also caused damage to the brick at the southeast corner of the penthouse wall, as shown in Fig ure 10. These conditions were not noted in the original report as they do not represent imminent collapse hazards, however, as this condition progresses, a loss of brick at these locations becomes more likely within the next few years.
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Figure 7. Cracked cement parge on east side Building 1 parapet
Figure 8. Cracked brick parapet on east side of Building 1
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Figure 9. Dislodged brick and cement parge on east side at the top of parapet of Building 1 penthouse
Figure 10. Cracked brick at southeast corner of Building 1 penthouse
Area B - Concrete Section
The timber shoring supporting the wood roof in this section does not appear to have changed since the shoring was installed. There is no new observable distress in the remainder of the existing roof. Photos of the condition of the roof framing in July 2012 are shown in Figure 11 and 12.
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Figure 11. Roof framing and new shoring at the northwest section of Building 1
Figure 12. Roof framing and new shoring at the northwest section of Building 1
Area C - Wood Frame Section
Several changes to the wood framing at the northeast section were observed. At the wood-framed loading dock, some of the wood sheathing at the floor level has become dislodged, as shown in Figure 13. Similar dislodging of the rim joists has occurred north of the loading dock, as shown in Figure 14.
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Figure 13. Dislodged wood boards below the loading dock on the east side of Building 1
Figure 14. Dislodged wood rim joist on the east side of Building 1
The beam at the south end of the loading dock is severely decayed and has lost support at one end. Some of the deck boards have broken and are now missing , but the condition of the beam is unchanged from February 2011 to July 2012, as shown in Figures 15 and 16.
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Figure 15. Condition of wood girder at the loading
dock on the east side of Building 1on February 21,
2011
Figure 16. Condition of wood girder at the loading
dock on the east side of Building 1 on July 25, 2012
In the basement of this section of the building, decay at several columns was noted in our supplemental survey undertaken on February 21, 2011, prior to the stabilization effort. Stabilization of one of these columns was completed as part of the emergency st abilization work performed in 2011 , however, deterioration at two of the columns was not addressed . At the fourth column from the south end of Area C, it was noted that there was significant decay of the column and the girder framing into the column. The condition of the girder and the column do not appear to have changed significantly since February 2011, although there has been some new damage to the floor sheathing adjacent to the wall near this column.
See Figures 17 and 18.
Figure 17. Condition of wood girder and column
on February 21, 2011
Figure 18. Condition of wood girder and column
on July 25, 2012
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
In addition, during the same survey in February 2011, a crushed girder was noted at the sixth column line from the north end but was not considered and imminent hazard at that time. This column has deteriorated further, and the column above has decayed through, causing the wall above to deform and sag noticeably.
See Figures 19 and 20 for the condition of the column below the floor and Figure 21 for the condition of the column immediately above the floor.
Figure 19. Condition of wood girder and column
on February 12, 2011
Figure 20. Condition of wood girder and column
on July 25, 2012
Figure 21.Wood column decayed completely above the floor level
The column noted above is a component of the wood framed wall at the north end of Area C where the roof has been removed (see arrow Figure 22). T he exterior wall at this location is sheathed with corrugated metal siding and has been diagonally braced with wood shoring. Some of the metal siding has become dislodged and one of the wood columns on the west side is damaged near the top. See Figures 22
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
and 23. The column indicated by the arrow in Figures 22 and 23 is the lower portion of the column shown in Figures 19 through 21.
Figure 22. Condition of wall and metal siding at the
west side of the northeast portion of Building 1 on
June 15, 2011
Figure 23. Condition of wall and metal siding at
the west side of the northeast portion of Building 1
on July 25, 2012
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Building 6
In the north section of Building 6, the majority of the roof framing and the new shoring appears to be unchanged since July 2011. There are two adjacent roof joists that had previously been noted to be decayed near the mid -span of the joists. Although the decay of the joists appears to have become more severe, as shown in Figures 24 and 25, these two joists were not previously strengthened because the roof sheathing could span between the adjacent undamaged joists to support the self -weight of the sheathing.
The condition of the adjacent joists and the sheathing do not appear to have changed significantly so the ability of the sheathing to support its self-weight has not been affected.
Figure 24. Condition of wood roof joists in
Building 6 on July 22, 2011
Figure 25. Condition of wood roof joists in
Building 6 on July 25, 2012. Additional joist
damage indicated by arrow.
At the south end of the middle section of Building 6, one of the north -south spanning girders appears to be decayed where the girder penetrates into the concrete wall, as shown in Figure 2 6. This condition was not previously noted. The girder does not appear to be sufficiently damaged to require intervention at this point. We recommend continued monitoring of the girder in future reports.
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Figure 26. Arrow indicates location of decayed wood girder at the concrete wall, south end of the middle section of Building 6
Building 10
The emergency stabilization work for this building was limited to shoring at the northwest corner of the building. The shoring work that was done appears to be functioning adequately , as shown in Figure 2 7.
There were no significant hazards observed in the remainder of the main section of the warehouse.
Figure 27. Condition of shoring work at the northwest corner of Building 10
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Building 13
The diagonal steel shoring for the masonry walls appears functional with no indications of distress. See Figure 28.
Figure 28. Condition of diagonal steel braces supporting brick masonry wall at the west side of Building 13
The wood shoring for the damaged timber girders also appears to be adequately supporting the girders.
The conditions of the shored girders do not appear to be noticeably changed , as shown in Figures 29 and
30. There are two roof joists that were previously observed to be damaged and were not shored. The damage to these joists does not appear to have changed noticeably.
Figure 29. Damaged roof joists at Building 13 on
May 31, 2011
Figure 30. Damaged roof joists at Building 13 on
July 25, 2012
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Building 63
We observed the condition of the north section of the building in which the gypsum board sheathing had been removed as part of the stabilization work and where two sets of wood shoring had been installed.
The wood shoring and the roof framing did not appear to have ch anged substantially. See Figures 31 and
32. The 2x4 shoring studs seemed to have no additional gravity loading on the studs that would indicate failure of the roof framing above.
Figure 31. Condition of roof joists at the north side
of Building 63 on July 20, 2011
Figure 32. Condition of roof joists at the north
side of Building 63 on July 25, 2012
CONCLUSIONS
WJE conducted a survey of the condition of six of the buildings at the Winehaven National Register Historic District to assess whether there have been any significant changes to the structures since the installation of temporary emergency stabilization work that was installed in the summer of 2011. Our site observations focused primarily on the areas where the previous emergency stabilization work had been installed. In general, the conditions of each of the buildings appear to have little or no significant changes that would affect the global stability of significant structural elements. Some m inor changes were identified, as noted above. We recommend that the conditions of the buildings, particularly the issues noted above, be monitored on a regular basis until comprehensive structural and weather protective repairs to the buildings can be impl emented. Weather protection includes installation of replacement roof framing where the existing roof framing has collapsed or has been removed.
In one area of the wood frame portion of Building 1, the condition of the building has changed to the point that intervention is recommended. Where noted in the report, the sheet metal siding on the west side of Area C at the northeast corner of Building 1 has dislodged due to wind , and much of the remaining siding is loosely held in place. Additional pieces of sh eet metal are likely to become dislodged in the future unless remedial measures are implemented. This is the same area where the column has failed at the base, and can no longer provide support for wind loads on the sheet metal wall , and the deformation of the wall may be contributing to the problem. Further damage can be mitigated by removal of the sheet metal and storing the removed pieces on site.
It is recommended that the column be repaired using a method similar to that employed during the stabilization for another column at this level (detail 6/S501 Emergency Stabilization plans,
Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
March 25, 2011). Possible approaches to mitigation of the conditio n of the sheet metal are either to remove the sheet metal siding or to supplement the connectors and framing that support the sheet metal.
Supplementing the framing and connectors may require additional framing, as well as anchorage for the framing, so that the wall can resist wind forces.
February 21, 2023
Public Works
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works
Subject:
Hold a Public Hearing to consider approval of an
Encroachment Agreement Application for a private
landowner encroachment into the unimproved public right of way at 130 E. Scenic Avenue.
FINANCIAL IMPACT: This item does not impact the City’s General Fund. The applicant has paid the processing fee(s) for this request and will also remit all costs associated with entering into an Encroachment Agreement and performing
improvements, should City Council approve this request.
PREVIOUS COUNCIL
ACTION:
This matter was continued from the February 7, 2023
meeting.
STATEMENT OF THE
ISSUE:
On June 28, 2022, City Council passed an Encroachment
Ordinance (Ord. No 09-22 N.S.), which codified the
process by which landowners could create private
improvements encroaching into the public right of way – subject to an Encroachment Agreement between
landowner(s) and the City. Owners at 130 E. Scenic
Avenue wish to construct a front fence within the public ROW. Owners have applied for an Encroachment
Agreement to ensure compliance with City’s new
ordinance.
AGENDA
REPORT
February 21, 2023
RECOMMENDED ACTION:
ADOPT a resolution to approve an Encroachment
Agreement Application for a private landowner fence
encroachment into the unimproved public right-of-way at 130 E. Scenic Avenue; and DIRECT City staff to enter
into an Encroachment Agreement regarding same to be
recorded on the landowner’s property title – Public Works Department (Daniel Chavarria/Robert Armijo 510-620-
5477).
DISCUSSION:
130 E. Scenic Avenue’s property owner submitted to the City an application for a fence permit. Although a portion of fence sat on private property, other fence portions sat within the public right-of-way (“ROW”). To have a private structure within the public ROW, the fronting property owner(s) must have an Encroachment Agreement.
Therefore, the City required title property owner Eli Berland (“Applicant”) to remove the earlier built fence constructed in public ROW. The Applicant subsequently complied and removed the fence. On or about September 30, 2022, Applicant submitted an Encroachment Agreement Application. At the request of City staff, Applicant revised his Application, and City staff received those revisions on February 7, 2023.
On June 28, 2022, the City Council passed and adopted Ordinance No. 09-22 N.S. (“Ordinance”), which amended the Richmond Municipal Code (“RMC”) to address public ROW encroachments. Specifically, the Ordinance amended Article XII - Public Works, Chapter 12.30 - Encroachments and Easements in the Public Rights-of-Way, Part 3 - Private Landowner Encroachment(s) Into Unimproved Portions of Public ROW (i.e., Section 12.30.170, et seq.). The amendments incorporated provisions to codify the City’s long-standing practice of allowing private landowner encroachments into the public ROW, subject to certain conditions.
RMC Chapter 12.30.180 requires private landowners to submit an Encroachment Agreement Application (“Application”) to the Engineering Division of the Public Works Department for encroachments placed within in the public ROW. RMC Chapter
12.30.200, et seq. grants City Council authority to approve such applications based on the City Engineer’s Findings. The effect of an approval then authorizes City staff to enter into an Encroachment Agreement between City and the property owner(s). This Encroachment Agreement, once finalized, is recorded on property’s title, and binds the owner(s) and any successive owners in perpetuity.
Applicant has applied for approval of a new fence paralleling the roadway at 130 E.
Scenic Avenue (“Subject Property”), which is located in the public ROW. Given the fence’s public ROW location, Applicant submitted an Application to the City Engineer.
City staff has reviewed the Application and recommends the following findings for the City Council, pursuant to RMC 12.30.190(a)(1)(A-G):
February 21, 2023
(A) The application is complete and contains all necessary, supporting information.
(B) The encroachment does not conflict with adopted street improvements or similar plans, nor any street improvements that are in project development; nor are there any street improvements anticipated in this area in the foreseeable future.
(C) The encroachment does not pose a public health or safety hazard as determined by the City Engineer. City staff did conduct a sightline study and the Applicant did provide renderings to demonstrate the sight distances for this proposal. See the Application for these documents. (D) The encroachment does not substantially obscure the main property frontage.
(E) The encroachment does not adversely impact or affect adjacent properties; and/or result in facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and/or make gratuitous use of ROW. It only uses space that is strictly necessary for the proposed use.
(F) The encroachment has a sufficient setback from street curb(s) or pavement edge(s) and does not negatively impact the area's reasonable use as determined by the City Engineer. While most of the proposed fence is set back more than three (3) feet, there are portions of the encroachment that are fewer than three (3) feet. In its existing state, the affected portion of road has a very minimal shoulder (i.e. two to three (2-3) feet). The proposed fence structure does not seek to worsen the existing condition. (G) The encroachment may conflict with RMC 12.30.180(a)(2)(J)(i). This section requires that a four (4)-foot area of space be allocated for a sidewalk.
However, the encroachment may be considered permissible due to the conditions of the site and the potential complications of building a sidewalk on such an extreme slope. Creating an acceptable refuge area for pedestrians will be addressed in the encroachment agreement conditions should Council approve this item.
Pursuant to RMC 12.30.180(a)(8), the Engineering Division sent a “Notice of Encroachment Agreement Application” to properties within 300 feet of Subject Property. Thereafter, pursuant to RMC 12.30.200(d), the City Clerk’s Office noticed a Public Hearing for February 7, 2023, which was later continued to February 21, 2023.
Pursuant to RMC 12.30.200(d), the Clerk’s Office sent the Public Hearing notice by U.S. Mail to neighbors within 300 feet of Subject Property on January 25, 2023. The notice was also published in West County Times on January 27, 2023. A courtesy notice of the continuation of the Public Hearing was sent to neighbors on February 10, 2023. Pursuant to 12.300.200(b), a copy of the Encroachment Agreement
February 21, 2023
Application was made available for review in the City Clerk’s Office on February 9, 2023.
ENVIRONMENTAL REVIEW:
Section 21084 of the California Public Resources Code specifically requires that CEQA Guidelines include a list of project classes or categories determined not to have a significant environmental effect, thus making said categories exempt from CEQA provision(s). CEQA Guidelines, section(s) 15301 through 15333, list exempt specific project categories, including relevant criteria necessary for a project to meet an exemption. CEQA Guidelines Section 15300.2 includes a list of exceptions precluding categorical-exemption use; here, the proposed project does not trigger any exception that would require an exemption override. The current Application meets the requirements for a categorical exemption pursuant to Section 15303(e), “New Construction or Conversion of Small Structures,” where subsection (e) addresses accessory/appurtenant structures, which specifically includes fence(s).
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Application for Encroachment Agreement
RESOLUTION NO. __23
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
AUTHORIZING THE APPROVAL OF AN APPLICATION FOR AN
ENCROACHMENT AGREEMENT FOR 130 E. SCENIC AVENUE, THE SUBJECT OF
A PRIVATE LANDOWNER ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY; AND AUTHORIZING CITY STAFF TO ENTER INTO AN ENCROACHMENT
AGREEMENT BETWEEN THE CITY AND TITLE OF RECORD PROPERTY
HOLDERS AT SAID ADDRESS
WHEREAS, the City Council passed and adopted Ordinance No. 09 -22 N.S. (the “Ordinance”) on June 28, 2022 , amend ing Richmond Municipal Code (“RMC”) to address public right-of-way (“ROW”) encroachments, generally; and
WHEREAS, the Ordinance amended Article XII (“Public Works”), Chapter 12.30 (“Encroachments and Easements in the Public Rights-of-Way,”) Part 3 (“Private Landowner Encroachment(s) Into Unimproved Portions of Public ROW”), Section 12.30.170, et seq., incorporating provisions to codify the City’s long-standing practice of allowing private landowner encroachments into the public ROW subject to certain conditions; and
WHEREAS, RMC Chapter 12.30.180 requires private landowners (“Owner(s)”) to submit an Encroachment Agreement application to Engineering Division of the Public Works Department (“PW-Engineering”) for encroachments placed within in the public ROW; and
WHEREAS, RMC Chapter 12.30.200, et seq. grants City Council authority to approve such applications. The effect of an approval then authorizes the City staff to enter into an Encroachment Agreement between City and Owner (s). Said Encroachment Agreement, once finalized, is recorded on property title and binds successive owners in perpetuity; and
WHEREAS, Owner(s) have applied for approval to install a fence parallel to the roadway at 130 E. Scenic Avenue (“Subject Property”), which will be located within the public ROW. Given the location within the public ROW, Owner(s) submitted an Encroachment Agreement Application to PW -Engineering; and
WHEREAS, The City Engineer has made the requisite affirmative findings in accordance with RMC 12.30.190(a)(1)(A -G); and
WHEREAS, pursuant to RMC 12.30.180(a)(8), PW-Engineering sent a Notice of Encroachment Agreement Application to properties within 300 feet of Subject Property.
Thereafter, pursuant to RMC 12.30.200(d), the City Clerk’s Office noticed a public hearing for February 7, 2023, later continued to February 21, 2023, at which time the City Council took public comment. Pursuant to RMC 12.30.200(d), the Clerk’s Office sent a Public Hearing notice by U.S. Mail to neighbors within 300 feet of Subject Property on January 25, 2023. The notice was also published in West County Times on January 27, 2023. A courtesy notice of the Public Hearing’s continuation was sent to neighbors on February 10, 2023.
Pursuant to 12.300.200(b), a copy of the Encroachment Agreement Application was made available for review in the City Clerk’s Office on February 9, 2023.
THEREFORE, LET IT BE RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:
SECTION 1. The City Council finds and determines to be in full force and effect the Recitals above and hereby incorporates them fully herein.
SECTION 2. The City Council finds and determines for the reasons stated in the recitals, the adoption of this Resolution is exempt from CEQA under Section 15303(e) of the State CEQA Guidelines.
SECTION 3. Encroachment Agreement Application for 130 E. Scenic Avenue The City Council has made the following determinations based on the City Engineer’s findings pursuant to RMC Sections 12.30.200(f) and 12.30.190(a)(1)(A-G):
(1) Findings.
(A) Complete application contains all necessary, supporting information.
On May 31, 2022, the property owners, Eli Berland and Kathleen Berland (collectively, the “Applicant”) submitted an application for an Encroachment Agreement and supporting information. The application is complete.
(B) The encroachment does not conflict with adopted street improvements or similar plans, or any in development, or that can be anticipated.
The encroachment does not conflict with adopted street improvements or similar plans, nor any street improvements that are in project development; nor are there any street improvements anticipated in this area in the foreseeable future.
(C) The encroachment does not pose a public health or safety hazard as determined by City Engineer.
The encroachment does not pose a public health or safety hazard as determined by the City Engineer. City staff did conduct a sightline study, and the Applicant did provide renderings to demonstrate the sight distances for this proposal, which are part of the application.
(D) The encroachment does not substantially obscure the main property frontage.
The encroachment is a fence that is 72 inches high with the bottom two (2) feet constructed of solid wood, while the top four (4) feet are fifty percent (50%) open. Thus, the encroachment does not substantially obscure the main property frontage.
(E) The encroachment does not adversely impact or affect adjacent properties; and/or result in facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.
There are no residences across the street. The encroachment occurs on a hillside that slopes steeply from the roadway to the home. The encroachment is a fence that has a base lower than the street’s elevation. Thus, the encroachment does not adversely impact or affect adjacent properties.
(F) The encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use. A standard setback should be no fewer than three (3) feet, subject to City Engineer’s determination that the area’s conditions or environment allows otherwise.
The encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use as determined by the City Engineer.
While most of the proposed fence is set back more than three (3) feet, there are portions of the encroachment that are less than three (3) feet. In its existing state, the affected portion of road has a very minimal shoulder (i.e. two to three (2-3) feet). The proposed fence structure does not seek to worsen the existing condition.
(G) The encroachment conflicts with a specific condition below, but the encroachment is warranted due to special circumstances specifically identified and addressed in the encroachment agreement.
The encroachment may conflict with RMC 12.30.180(a)(2)(J)(i). This section requires that a four (4)-foot area of space be allocated for a sidewalk. However, the encroachment may be considered permissible due to the conditions of the site and the potential complications of building a sidewalk on such an extreme slope. Creating an acceptable refuge area for pedestrians will be addressed in the encroachment agreement conditions should Council approve this item.
BE IT FURTHER RESOLVED THAT all the required findings have been met, and the Council determines this Encroachment Agreement Application for 130 E. Scenic in Richmond, California is 1) approved; and 2) City staff is authorized to enter into an Encroachment Agreement with Applicant.
BE IT ALSO RESOLVED THAT this Resolution takes effect immediately upon its adoption.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that is would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
-----------------------------------
I hereby certify that the foregoing Resolution of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held February 21, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
___________PAMELA CHRISTIAN___________
CLERK OF THE CITY OF RICHMOND
Approved:
Mayor
Approved as to form:
City Attorney
Application for Encroachment into unimproved Public ROW
To: Robert Armijo – Richmond City Engineer 2/1/23 From: Owner/Builder-Eli Berland
Contractor- Eli Berland
130 East Scenic Ave.
Richmond CA 94801
734.834.3093
To Whom it may concern,
I Would like to build a Wood and Metal Fence in the public ROW in front of our home (130 East Scenic). Our home and our next-door neighbor’s homes were built around 2005 and have modern architecture. The street and surrounding area are quite lush and filled with trees and blackberry thicket. I Have chosen to build the fence from natural wood with a clear finish to blend in with the surrounds, and steel posts painted Red to alert Pedestrians and Vehicles of the fence. The Fence design is modern, matching the aesthetics of the fence to the surrounding architecture.
The Road in Front of our house is parallel to and above the entry path to our home. I am hoping to create a barrier between the Road and our path with this fence. I am concerned for the safety of my family and friends that use this path regularly. Currently, there is nothing protecting people who are walking on my property from a car coming off the road above crashing down into my property. The fence will be a guardrail.
Another purpose of this fence will be to create a safer space for pedestrians to walk on.
There is no safe area for people to walk now unless they are on the road. This can be problematic when a car is coming. The fence would allow for a refuge area for pedestrians to step off the road without falling down the steep hill and allow cars to pass in a safe manner.
The Final purpose of this fence is create some privacy for my family. Our house is quite close to the road, and it is very easy for people to peer into our bedrooms. It would be nice to have a little separation between onlookers and our bedrooms. We also have many deer that frequent the area. Often they come into our yard and eat our roses. It would be nice to keep them out so we can enjoy our garden, and this fence would achieve that purpose.
The area where we would like to build the fence is very steep, and narrow. These unique conditions restrict the width of clearance we can provide to 13’ from the far side of the road to the inside of the fence. Although we maintain the requested 3’ setback from the road in most cases, It is not possible to achieve at all areas due to the hillside dropping off to a steep slope. In order for our posts to be set in concrete, we need relatively flat ground to dig post
holes. If the Posts are set any further down the hill than we have proposed, it will make installation almost impossible, our post locations are limited by the current site conditions.
The project will commence on 3/1/23, should last for 2 weeks. All materials, and equipment needed will be stored off of the street. The street will remain clear for the duration of Work. When unloading materials and for minimal periods of time( no longer than 30mins) or while working just off of the street, we will have flaggers, and construction signs posted alerting oncoming traffic and pedestrians.
Please see attached documentation for items 6, 7 and 9.
I appreciate your consideration and time.
Eli Berland
Application For Encorachment Agreement
Applicant - Eli Berland -130 E.Scenic Ave
Phone -734-834-3093
Project - Proposed new fence off road to
create a safe refuge for pedestrians.
Start Date:
Completion Date:
Public Hearing Date:
Copy of application available - call above
10494 Closure Calcu
lation.doc 5/24/2022
MORAN ENGINEERING, I
NC.
1930 Shattuck Avenue
Berkeley, CA 94704
(510) 848-1930
BOUNDARY CLOSURE CALCULATIONS
Address: 130 East Scenic Avenue, Richmond
APN: 556-163-006
Parcel A
North: 10
000.0000 East : 10000.0000
Line Course: S 78-14-52 W Length: 14.60
North: 9997.0263 East : 9985.7061
Line Course: N 44-03-38 W Length: 5.00
North: 10000.6193 East : 9982.2290
Line Course: S 45-56-22 W Length: 0.48
North: 10000.2855 East : 9981.8840
Line Course: S 70-35-25 W Length: 0.91
North: 9999.9831 East : 9981.0257
Line Course: S 12-09-03 E Length: 29.86
North: 9970.7920 East : 9987.3109
Line Course: S 33-22-04 E Length: 3.57
North: 9967.8105 East : 9989.2744
Line Course: N 80-01-26 E Length: 1.42
North: 9968.0565 East : 9990.6729
Line Course: S 15-39-15 E Length: 11.46
North: 9957.0216 East : 9993.7652
Line Course: S 21-11-18 E Length: 21.01
North: 9937.4319 East : 10001.3589
Line Course: S 27-47-55 E Length: 20.87
North: 9918.9705 East : 10011.0920
Line Course: S 33-48-06 E Length: 39.23
North: 9886.3716 East : 10032.9164
Line Course: N 69-05-15 E Length: 8.86
North: 9889.5341 East : 10041.1928
Line Course: S 59-29-08 E Length: 12.85
North: 9883.0095 East : 10052.2630
10494 Closure Calcu
lation.doc 5/24/2022
Line Course: N 34-
19-00 W Length: 60.50
North: 9932.9785 East : 10018.1552
Line Course: N 15-09-00 W Length: 69.44
North: 10000.0051 East : 10000.0073
Perimeter: 300.07 Area: 1,952 sq. ft.
Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0089 Course: N 54-55-37 E Error North: 0.00509 East : 0.00725
---------------------------------------------------------------------------
Parcel B
North: 9876.8896 East : 10077.5116
Line Course: N 77-19-00 W Length: 24.68
North: 9882.3084 East : 10053.4338
Line Course: S 58-33-52 E Length: 26.47
North: 9868.5032 East : 10076.0188
Line Course: N 45-25-13 E Length: 16.47
North: 9880.0636 East : 10087.7499
Line Course: N 08-03-30 W Length: 17.22
North: 9897.1135 East : 10085.3360
Line Course: S 21-08-00 W Length: 21.69
North: 9876.8823 East : 10077.5159
Perimeter: 106.53 Area: 237 sq. ft.
Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0085 Course: S 30-32-13 E Error North: -0.00728 East : 0.00430
1 Robert Armijo
From: eli berland <[email protected]>
Sent: Monday, February 6, 2023 4:43 PM
To: Robert Armijo
Cc: William Berland; Stephanie Vollmer
Subject: Fwd: Fence Pics
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.
Robert,
Please see attached pics to accompany application.
Best
Eli
Eli Berland
Principal
734.834.3093
www.berland-design.com
653 S. 31st ST. Richmond CA 94804
Begin forwarded message:
From: Sean Casper <[email protected]>
Date: February 6, 2023 at 3:58:31 PM PST
To: Eli Berland <[email protected]>
Subject: Fence Pics
2
3
4
5
6
February 21, 2023
Public Works
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, Deputy Director of Public Works
Mary Phelps, Project Manager I
Subject: Keller Beach Sanitary Sewer Temporary (45-day) Urgency Ordinance
FINANCIAL IMPACT: The subject Urgency Ordinance would likely impact City finances temporarily because it would prohibit the City from issuing building permits requiring new connections to the Keller Beach Sanitary Sewer (“KBSS”). New-
construction building permits, for example, can include impact fees for various City services, including libraries, police, fire, etc.
PREVIOUS COUNCIL
ACTION:
January 18, 2022, and March 1, 2022
STATEMENT OF THE
ISSUE:
The City Council adopted Ordinance No. 05-22 N.S.
extending a 45-day temporary moratorium for 10 months
and 15 days on the issuance of building permits requiring a new sewer connection to the Keller Beach Sanitary
Sewer, and Declaring the Urgency thereof pursuant to
Government Code Section 65858. The moratorium
unintentionally expired on January 18, 2023. The public safety urgency remains, and City staff is requesting a
new temporary 45-day moratorium, be adopted, on the
issuance of building permits requiring a new sewer
connection to the Keller Beach Sanitary Sewer.
AGENDA
REPORT
February 21, 2023
RECOMMENDED ACTION:
ADOPT an urgency ordinance, pursuant to Government
Code Section 65858, establishing a temporary
moratorium (45 days) on the issuance of certain building permits for development requiring a new sewer
connection to the Keller Beach Sanitary Sewer and
Declaring the Urgency thereof pursuant to Government
Code Section 65858. The Ordinance is not a project
under the California Environmental Quality Act (CEQA),
in that it maintains the existing physical environment and prevents changes in the environment and so does not
have the potential for resulting in either a direct or
reasonably foreseeable indirect physical change in the
environment (CEQA Guidelines Section 15378(a)). It is
also exempt under Guidelines Sections 15060(c)(2), as
the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this ordinance may have a significant
effect on the environment because it maintains the
existing condition of the environment. – Public Works
Department (Daniel Chavarria 510-620-5478).
Background:
The Keller Beach Sanitary Sewer (KBSS) consists of 5,392 linear feet of 8-to-12-inch concrete-encased cast iron pipe. The pipeline, constructed in 1959, is located off Keller Beach in the San Francisco Bay and is submerged during average tides. The location of the sewer is indicated by a red line in the image below and extends from sanitary sewer manhole MH Q-1 (adjacent to the Keller Beach sanitary sewer pump station) to sanitary sewer manhole MH Q-25.
February 21, 2023
Access to the sanitary sewer pipeline for maintenance or repair is extremely difficult because the manholes are submerged during high tides, and vehicles cannot get within 50 feet of the pipeline due to the cliffs and private property. Access for foot traffic is also limited to public beach access and through private properties. These conditions make it difficult to get appropriate equipment in the area to maintain the pipeline.
Assessment of Keller Beach Sanitary Sewer:
On November 17, 2021, the City received a commissioned study and assessment of the KBSS system. The study confirmed the City’s concerns regarding the sustainability and increased use of the KBSS sewer interceptor and other infrastructure. The following issues have been identified:
Poor Pipe Conditions: KBSS sewer has been in service for approximately 62 years and has reached the end of its useful design life. The pipe that is visible and CCTV inspected is highly corroded and the remaining wall thickness and structural strength is unknown, but clearly compromised. The sewer main has been partially descaled but remains weakened and increasingly prone to cracks and breaks. The pipe’s profile has extensive sags and will continue to sag and adjust due to its location in the surf zone under the force of shifting sand and wave action. Laterals are in poor condition with known and suspected defects which the City/Homeowners are obligated to correct.
Limited Access for Maintenance and Repair: No vehicle access to beach, limited walkability due to cliffs and private property, and restricted work periods due to the ocean tides all contribute to limited sustainability of KBSS.
Environmental Risk: Due to location of KBSS, paired with its condition, infrastructure failures would likely result in severe environmental harm and an inability to quickly remediate damage/leaks. In addition to environmental harm, the City faces extensive liability in the event of a major leak into the San Francisco Bay.
Previous Expired Moratorium
On January 18, 2022, pursuant to Government Code Section 65858 (“GC Section 65858”), the City Council adopted Urgency Ordinance No. 01-22 N.S. (hereinafter “Urgency Ord. No. 01-22”), which established a 45-day moratorium (to expire March 4, 2022) on the issuance of building permits requiring a new sewer connection to the Keller Beach Sanitary Sewer (KBSS) and declaring the urgency thereof. Also on January 18, 2022, the City Council adopted Resolution No. 08-22, which accepted the findings of the Keller Beach Sanitary Sewer CCTV review and assessment report (“KBSS Review and Assessment Report”), dated January 3, 2022. Urgency Ord. No. 01-22 was extended by Ordinance No. 05-22 extending the moratorium for 10 months and 15 days. This mortarium expired on January 18, 2023. The public safety urgency remains, and City staff is requesting a new temporary 45-day moratorium be adopted.
February 21, 2023
Work completed since Previous Moratorium
Following Cit Council approval in July 2022, the City entered into a contract with Coastland Engineering to complete the Keller Beach Sanitary Sewer Feasibility Project.
Coastland Engineering began work on the Keller Beach Sanitary Sewer Replacement Feasibility Study on October 27, 2022. This project involves public outreach, preliminary feasibility studies and investigations, and the development of alternatives for relocating the existing Keller Beach Shoreline sewer into the streets of Point Richmond. Other consultants working on the project include Kister, Savio & Rei, Inc (surveyors), Cal Engineering & Geology (geotechnical engineers), NCE (environmental scientists/ planners), and J Majors & Associates (public outreach).
Public outreach will inform the Point Richmond community about the project’s purpose and goals, status, and timeline. Initial project notification was conducted in January of 2023, consisting of the preparation of fact sheet flyers, and door-to-door communication with property owners. Public informational meetings are planned for Spring and Summer of 2023 to update the community of the project’s findings and timeline.
Preliminary studies will evaluate constraints and opportunities for new sewer construction by conducting topographic surveys, researching existing utilities and easements, conducting geotechnical investigations, and completing environmental and cultural resource investigations to identify permitting requirements. These studies will be conducted in February and March of 2023.
Preliminary civil design will develop alternatives for a new sewer main with plan and profiles. Project alternatives will be developed to meet City sewer design and construction standards and with the goal of maximizing system reliability and minimizing construction as well as operations and maintenance cost. Sewer alignments and profiles will be developed to minimize the number of lift stations needed, and to avoid or minimize conflicts with existing utilities and constraints of public right-of-way and topography. Design alternatives will consider various methods of construction including traditional open-cut methods, pipe-bursting and horizontal directional drilling. The new sewer main feasibility assessment will be conducted between April and July of 2023.
Private property sewer lateral improvements are anticipated to be needed for some residences whose laterals will not be able to drain by gravity to the new sewer system.
This project will conduct an assessment of the anticipated range of costs for these improvements.
Opportunities for funding the project’s construction will be presented in a Funding Options Technical Memorandum, which is anticipated for completion in August of 2023.
The findings of this preliminary feasibility study are likely to identify additional investigations needed prior to the final design. The timing of additional investigations construction is anticipated in 2024, with the final design being completed in fall of 2025-
26. The forecast for construction of the new Keller Beach sanitary sewer main is 2026-
27.
February 21, 2023
Adoption of Sewer Moratorium as Urgency Measure
State statutes and case law support the right of a legislative body to consider and enact a moratorium on the issuance of development entitlements and building permits when a public agency is studying or intends to study a proposed general plan or zoning change that might affect the issuance of such permits for development. Government Code § 65858 authorizes cities and counties to adopt an ordinance prohibiting uses that may be in conflict with a contemplated planning or zoning proposal. The State law also establishes procedures the City must follow prior to adoption of an interim ordinance establishing a development moratorium. Such an ordinance requires only one reading, becoming effective immediately upon adoption. Adoption of an urgency ordinance does, however, require a four-fifths vote, which, in Richmond, would mean six of seven members of the City Council.
Adoption of an interim ordinance requires findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approvals of additional entitlements for use would result in that threat to public health safety or welfare, as stated in the first sentence of §65858 (c). An urgency ordinance can be in effect up to 45 days, with potential extensions in the aggregate of two (2) years. However, if the urgency ordinance would have the effect of denying approvals for multifamily projects, then the ordinance cannot be extended beyond 45 days unless the continued approval of multifamily housing would have a “specific, adverse impact” on public health or safety. This means that the multifamily housing would have a “significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body," and there is no feasible alternative to avoid the impact with a less burdensome or restrictive effect.
The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this ordinance may have a significant effect on the environment because it maintains the existing condition of the environment.
Separately, Government Code § 66300 prohibits moratoriums impacting housing development “other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium…” Further, any such moratorium cannot be enforced against housing development (which includes development of single-family homes and ADUs) until the ordinance has been submitted to and approved by the Department of Housing and Community Development (“HCD”). The City consulted with HCD back in 2022 with
February 21, 2023
adoption of the original moratorium and has requested HCD approval to enforce this moratorium on housing development. Given the failing KBSS infrastructure and its environmentally sensitive area, an imminent threat exists that would be worsened with new sewer connections to KBSS. The narrow scope of the moratorium and its temporary nature demonstrate that the moratorium is not a pretense for limiting housing development but addresses an ongoing imminent threat to the health and safety of residents that would be severely impacted in the event of KBSS’s failure. In addition, as further explained below, the City is exploring interim measures to allow construction to proceed before the KBSS line is fully repaired or relocated.
An urgency ordinance may remain in effect for only 45 days unless it is extended by another four-fifths vote. Because this hearing has been noticed, after further notice and a hearing, the City Council can extend the moratorium for twenty-two months and 15 days. In other words, the urgency ordinance can be extended so that its full duration is up to two years. Any extension requires a four-fifths vote of the local legislative body.
California law requires that a moratorium ordinance contain findings stating why the ordinance is needed to address a current and immediate threat to public health, safety, or welfare. The additional findings regarding a specific quantifiable adverse impact will also need to be made at the extension hearing as the moratorium impacts the potential to develop multi-family housing units.
Prior to the expiration of an interim ordinance or an extension, the City Council is required to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.
Rationale for Recommendation:
The City of Richmond, by operating and maintaining a public sewer collection system, is required by the State Water Code to comply with waste discharge requirements and to protect the beneficial uses of receiving waters. Among these requirements is the obligation to provide the best practicable treatment or control of wastewater as necessary to assure pollution or nuisance will not occur, and to maintain the highest water quality consistent with the maximum benefit to the people of the state.
The City provides sewer service to all the residential lots in Point Richmond, and at least 290 of the 362 parcels include existing residences that should or do connect to the KBSS interceptor. The City cannot insure that the KBSS is functioning as designed. In fact, there is reasonable concern that it may be contributing pollution to the Bay. The KBSS is located offshore within the tidal zone of Keller Beach and is unreachable by City staff during significant periods of the day when manholes are inundated by the tide.
The KBSS is constructed in such a manner that it cannot be inspected or maintained, even after taking extraordinary measures and expense to do so. The pipeline is constructed with tight bends that prevent the normal inspection by closed circuit television equipment. Further, some inspected portions of pipe in 2022 were found to be full of sand, preventing conveyance of wastewater. The pipeline condition of other
February 21, 2023
significant portions of the pipeline is unknown because inspection is impossible due to the tight bends.
Given the condition and location of the KBSS interceptor, additional connections to the pipeline increase the risk of pipeline failure and/or leaks, causing extensive environmental harm with limited City ability to remediate the failure and stop the damage. The pipeline’s defects cannot be repaired or reconstructed without first obtaining regulatory permits from the Regional Water Quality Control Board, California Department of Fish and Wildlife, and U.S. Army Corps of Engineers. These permitting agencies are generally unwilling to approve permits for projects if a practicable alternative exists that would be less potentially damaging to the aquatic environment or less degrading to the nation’s waters. In this case, permitting agencies will likely not permit repair or reconstruction of the KBSS in place because the least potentially damaging project is to rebuild the sewer collection system on land outside of San Francisco Bay. The Public Works Department is analyzing potential alternatives to allow development in the Keller Beach area, including pump stations to connect residences to alternate sewer mains. Additionally, the Department is preparing and implementing remediation efforts to address the existing pipeline conditions, likely including relocation of the KBSS interceptor.
The infrastructure deficiencies that impede new development in and around the Keller Beach Sanitary Sewer also impose substantial burdens on the area’s existing residents.
In light of the sewer system’s physical condition and precarious location, a comprehensive plan is necessary to determine how the vacant land and existing residences should be developed and/or improved, given the public safety concerns related to potential pipeline failure of the KBSS interceptor. The City is taking action towards the replacement of the KBSS with a sanitary sewer collection system in the streets of Point Richmond that can be reliably operated and maintained in compliance with State waste discharge requirements.
However, until the City can assure that it is not contributing pollution to waters of the United States, the City is obligated to minimize any potential pollutant discharge to the Bay by continuing its moratorium on new sewer connections to the KBSS until a replacement sewer is constructed.
Over the past five years, the City has seen an increase in development applications for infill development on vacant lots that would require new connections to the KBSS interceptor. The proposed moratorium would not impact projects that are currently under construction but would restrict the ability of approved projects to obtain building permits until a solution or interim solution is identified. Approvals for any project that is delayed due to the moratorium would be automatically extended for the period that the moratorium is in place.
The purpose of adopting an urgency ordinance and imposing a moratorium on building permits that would require a new sewer connection to the KBSS is to avoid the risk of a catastrophic failure of the current pipeline. It would be irresponsible for the City to allow
February 21, 2023
new sewer connections to the KBSS, as the strain on the already deteriorated system would be exacerbated, placing the environment and current residents in the vicinity at significant risk. The location of the KBSS interceptor places severe burdens on the City’s emergency response capabilities and preventing increased risk related to the potential failure of the KBSS is necessary.
As noted above, the City has also begun to identify and develop options and procedures to allow for development in the Keller Beach area during the moratorium and in advance of the KBSS’ rehabilitation and/or potential relocation. To that end, this moratorium provides the City with time to review and promulgate policies that will allow for development without additional strain/risk to existing infrastructure. Several issues related to the allowance of privately funded and/or maintained pump stations to bypass the KBSS interceptor are being studied, including, but not limited to the location of alternate infrastructure, the implementation and/or design of facilities, operation and maintenance cost allocations, and how subsequent property owners will compensate owners that initially invested in alternate infrastructure.
Alternatives Considered:
1. Limit time of moratorium: The intended expanded time for the moratorium is necessary given the time required to develop an alternative to the KBSS, which is at the end of its useful life and cannot be replaced due to the severe limitations on site access and work limited to periods of low tide.
2. Moratorium to include new fixtures as well as new sewer connections: The moratorium is being limited to new sewer connections to ensure existing owners can do remodels and additions to existing properties as long as a new sewer connection is not needed.
3. Take no action: This was considered; however, given the Study and Assessment completed of the KBSS in 2021, City staff is unable to ignore the high potential for failure should no action be taken to limit the stress on the KBSS.
DOCUMENTS ATTACHED:
Attachment 1 – Draft Urgency Ordinance
Attachment 2 – Keller Beach Map
Attachment 3 – Government Code Section 65858
Ord. No.
ORDINANCE NO. ____________
AN URGENCY ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, BY THE CITY COUNCIL OF THE CITY OF RICHMOND, ESTABLISHING A
TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS
REQUIRING A NEW SEWER CONNECTION TO THE KELLER BEACH SANITARY SEWER; AND DECLARING THE URGENCY THEROF
______________________________________________________________________________
WHEREAS, the Keller Beach Sanitary Sewer was constructed in 1959 and consists of 5,392 linear feet of 8 to 12 inch concrete -encased cast iron interceptor pipe and twenty five (25) sewer structures located within the pipeline, consisting of seventeen (17) manholes a nd eight (8) cleanouts (“KBSS”); and
WHEREAS, KBSS is located off of Keller Beach in the San Francisco Bay, and remains submerged during ordinary tides, making repair and maintenance of the sewer very difficult due to the limited hours where the sewer can be reached and hazardous conditions; and
WHEREAS, there are approximately two hundred and ninety (290) parcels with existing connections to KBSS of the362 total parcels of land located on the West Side of Point Richmond, all of which may need to connect to the KBSS (Sewer Moratorium Area, attached and incorporated as Exhibit A); and
WHEREAS, on November 17, 2021, the City received a commissioned assessment and CCTV analysis regarding KBSS. The report recommended performing immediate repairs to the KBSS and potential removal and replacement of portions of KBSS to a different location; and
WHEREAS, portions of KBSS have severe internal corrosion, sand deposits, defective laterals, buried manholes, and limited maintenance access. The current conditions in dicate pipe failure is an imminent possibility that would be exacerbated by additional connections to KBSS; and
WHEREAS, certain portions of KBSS’ profile have significant sags due to inconsistent pipe support from the subgrade sand under and around the pipe and will continue to weaken KBSS’ structural integrity with the addition of new sewer connections; and
WHEREAS, KBSS’ interior walls are highly corroded and the remaining wall thickness and structural strength is unknown: and
WHEREAS, sand and seawat er has been found in KBSS, indicating breaks and leaks in the collection system, including cracked sewer laterals. The City has begun identifying and repairing damaged laterals to limit further damage; and
WHEREAS, given the location of the KBSS, pipe failure and/or sewage leaks would result in significant environmental harm with the limited ability to quickly remediate the damage and/or leaks due to limited accessibility; and
WHEREAS, additional development requiring sewer connections to KBSS poses an immediate threat to the public health, safety, and welfare, as these new sewer flows could exacerbate the potential for a catastrophic failure which could cause a significant public health and safety threat to existing residences; and
WHEREAS, the City of Richmond Public Works Department is in the process of studying long term solutions to the maintenance and/or relocation of KBSS, mitigation efforts to reduce the risk of pipe failure , and developing sewer connection alternatives for future devel opment in the Sewer Moratorium Area to allow development to proceed prior to complete repair or relocation of the KBSS; and
WHEREAS, the City Council finds and determines that the issuance of building permits requiring a new connection to KBSS would cause the deterioration of the KBSS infrastructure to be exacerbated, creating an imminent threat to public health, safety, and welfare; and
Ord. No.
WHEREAS, these issues constitute a current and immediate threat to the public health, safety, and welfare, within the meaning of Government Code Section 65858; and
WHEREAS, on February 21, 2023, the City Council held a duly noticed public hearing to consider adoption of this Ordinance, including providing a public notice pursuant to Government Code § 65090; and
WHEREAS, the approval of any building permits which would require a new sewer connection to KBSS, which are not authorized by this Ordinance, would result in these threats to the public health, safety, and welfare; and
WHEREAS, Government Code Section 658 58 authorizes the City Council to adopt an urgency ordinance by a four fifths vote to temporarily prevent development and/or construction that threatens the public health, safety, and welfare of citizens residing in the Sewer Moratorium Area; and
WHEREAS, Government Code Section 66300 authorizes a moratorium impacting housing development only where such a moratorium would protect against an imminent threat to the health and safety of person residing in, or within the immediate vicinity of, the area subject to the moratorium and after the Department of Housing and Community Development has reviewed said moratorium; and
WHEREAS, the City has consulted with and submitted this Ordinance to the Department of Housing and Community Development for review and approval pursuant to Government Code Section 66300, and this Ordinance shall not be enforceable against housing development until the City has received said approval of this moratorium; and
WHEREAS, the Richmond City Council has determined that a temporary moratorium on the issuance of building permits requiring a new sewer connection to KBSS is necessary to preserve the public health, safety, and welfare, and to protect against the imminent threat to the health and safety of person residing in the Sewer Moratorium Area, and the “Whereas” clauses above taken together constitute the City Council’s statements and reasons constituting such necessity and urgency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does ordain as follows:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and correct are incorporated herein by reference as it set forth in full.
SECTION 2. The City Council finds and determines the Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reaso nably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this Ordinance may have a significant effect on the environment because it maintains the existing condition of the environment.
SECTION 3. Moratorium. A 45-day moratorium is hereby imposed on the issuance and approval of all building permits that would require a new sewer connection to the Keller Beach Sanitary Sewer, further identified in the attached and incorporated Exhibit A. Accordingly, no such permit may be issued or approved while this moratorium, as it may be extended, is in effect. For the purposes of this Ordinance, “sewer connection” means connecting a building’s drainage system which conveys the discharge from soil, waste, and other drainage pipes of a business or residence, to the City’s sewer main or other applicable sewer infrastructure.
SECTION 4. Term of Moratorium. In accordance with Government Code Section 65858, this Ordinance shall be in full force and effect for a period of 45 days from the date of its adoption, i.e., from February 21, 2023 through and including April 7, 2023 , or, for housing
Ord. No.
developments, from t he date when the Department of Housing and Community Development approves this moratorium, whichever occurs later. This 45-day period may be extended by the City Council in accordance with the provisions in Government Code Section 65858.
SECTION 5. Exceptions. The following development activities within the City limits requiring a sewer connection to Keller Beach Sanitary Sewer identified in Exhibit A are exempt from the moratorium established in Sections 3 and 4:
a. Any projects that have vested rights to a new sewer connection because of previously issued building permits; and
b. Projects ordinarily requiring a connection to the Keller Beach Sanitary Sewer for which an application is submitted that proposes a design for the extension of a sewer main to an alternative segment, the design which is approved by the City Engineer or Public Works Director, and the applicant agrees to be solely responsible for all costs and expenses of installing and maintaining said sewer main, among other terms and conditions provided by the City in an executed and recorded written agreement between the City and property owner/developer to this effect.
SECTION 6. A development application for which a sewer connection to the Keller Beach Sanitary Sewer is required may be process ed during the moratorium and any extension of the moratorium. However, the application shall be process ed at the applicant’s sole cost and expense and with the understanding that no building permit shall be issued until the moratorium, including any extension of the moratorium, has expired and that such permit may not be issued if it is inconsistent with any amendments to the municipal code, ordinances, or regulations that are amended by reason of the review that occurs during the moratorium. During the effective period of this moratorium, time periods requiring the commencement of a proposed use or construction shall be tolled for existing entitlements and for entitlements approved during the effective period of the moratorium, for the duration of time that the moratorium is in effect.
SECTION 7. Petition for Relief from Moratorium. Any person who has applied for a permit or entitlement which would be affected by this Ordinance, and who contends that the Ordinance as applied to them would be unlawful under Federal, State, or local law or regulation, may submit a written application to the Planning Commission requesting relief from this Ordinance. The request for relief from moratorium shall identify the name and address of the applicant, the affected application number, and shall state how the Ordinance as applied to them would be unlawful under Federal, State or local law or regulation. The Planning Commission, or their designee, shall mail to the applicant a written determination accepting or rejecting the request for relief from Ordinance.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance causing it to be posted, as required by the law, and it shall thereafter be in full force and effect.
This Ordinance shall become effective immediately as an urgency ordinance, in order to protect the public health, safety, and welfare.
SECTION 9. For the term of this Ordinance, as set forth in Section 4 hereof, the provisions of this Ordinance shall govern, to the extent there is any conflict between the provisions of this Ordinance and the provisions of any other City Code, ordinance, resolution or policy, and all such conflicting provisions shall be suspended.
SECTION 10. This Ordinance is enacted pursuant to the City of Richmond’s general police powers, Article II of the Charter of the City of Richmond, Article XI of the California Constitution, and Government Code Section 65858.
SECTION 11. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that is would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
Ord. No.
-----------------------------------
I hereby certify that the foregoing Ordinance of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held February 21, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
______________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_________________________
Mayor
Approved as to form:
_________________________
City Attorney
Exhibit A: Sewer Moratorium Area
[Ú
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2 !!2
!!2
!!2
!!2
!!2 !!2!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2!!2
!!2
!!2
!!2 !!2
!!2!!2
!!2
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1 $1
$1
$1
$1
$1
$1
$1 $1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
Ð%î"
$1
$1
$1
$1
$1
$1
$1
Ð%î"
$1
$1
$1
$1
$1
$1
8 6
6 " - 5 '
0 - 3 0 '
6 " - '
6 " - 4 0 '
6 " - 3 5 '
8 " - 2 8 '
8 " - 6 6 '
6 " - 3 3 '
6 " - 4 8 '
6 " - 4 8 '
6 " - '
6 " - 4 0 '
8 " - 6 3 '
6 " - 6 6 '
6 " - 7 3 '
6 " - 5 8 '
8 " - 6 5 '
6 " - 5 5 '
6 " - 7 3 '
8 " - '
6 " - 7 2 '
6 " - 7 2 '
6 " - 7 3 '
1 2 " - 8 0 '
6 " - 7 5 '
6 " - 7 0 '
6 " - 7 7 '
6 " - 7 4 '
6 " - 9 0 '
6 " - 1 0 0 '
6 " - 8 7 '
6 " - 8 6 . 8 '
6 " - 9 3 '
6 " - 1 0 0 '
6 " - 1 0 0 '
6 " - 9 7 '
6 " - 1 0 3 '
6 " - 1 0 2 '
6 " - 8 1 '
6 " - 9 6 '
6 " - 9 9 '
6 " - 9 7 '
6 " - 1 1 4 '
6 " - 1 0 4 '
6 " - 1 0 0 '
6 " - '
6 " - 1 1 8 '
6 " - 1 2 1 '
6 " - 1 2 1 '
6 " - 1 0 5 '
6 " - 1 2 2 '
6 " - 1 2 3 '
0 - 1 5 9 '
6 " - 1 2 9 '
6 " - 1 4 5 '
1 2 " - 1 2 7 . 9 '
8 " - 1 6 8 '
8 " - 1 3 0 '
6 " - 1 3 3 '
6 " - 1 0 9 '
8 " - 1 5 6 '
6 " - 1 5 4 '
6 " - 1 3 4 '
6 " - 1 3 5 '
6 " - 1 4 4 '
6 " - 1 4 1 '
6 " - 1 3 9 '
1 2 " - 1 3 6 '
4 " - 1 4 6 '
6 " - 1 5 0 '
1 2 " - 1 4 8 '
6 " - 1 4 9 '
8 " - 1 0 6 '
6 " - 1 3 7 . 5 '
2 1 " - 1 4 9 '
6 " - 1 5 1 '
8 " - 1 5 0 . 5 '
8 " - 1 5 2 '
1 6 " - 1 5 4 '
8 " - 1 5 9 '
6 " - 1 5 5 '
6 " - 1 5 5 '
8 " - 1 5 2 '
8 " - 2 9 4 '
4 " - 1 3 0 '
6 " - 1 6 5 '
6 " - 1 7 6 '
6 " - 1 6 4 '
6 " - 1 7 0 '
6 " - 1 7 5 '
6 " - 1 6 1 '
6 " - 1 7 2 '
6 " - 1 7 2 '
8 " - 1 7 0 '
6 " - 1 7 5 '
1 2 " - 1 7 3 '
6 " - 1 7 6 '
6 " - 1 7 5 '
6 " - 1 8 1 '
6 " - 1 7 5 '
6 " - 1 5 7 '
1 2 " - 2 0 6 . 5 '
8 " - 3 4 4 '
1 0 " - 1 8 5 '
6 " - 1 9 6 '
6 " - 2 1 5 '
6 " - 1 7 5 '
8 " - 2 0 1 '
6 " - 2 0 0 '
8 " - 2 0 5 '
6 " - 2 1 6 '
6 " - 1 9 2 '
6 " - 1 9 3 '
1 0 " - 2 0 7 '
6 " - 2 2 0 '
8 " - 2 1 9 '
6 " - 2 2 0 '
1 2 " - 2 1 8 '
6 " - 2 2 0 '
6 " - 2 1 8 '
1 6 " - 2 2 3 ' 6 " - 2 0 1 '
6 " - 2 1 7 '
6 " - 2 3 5 '
6 " - 2 3 3 '
6 " - 2 3 0 '
6 " - 2 3 5 '
6 " - 2 3 5 '
1 0 " - 2 4 6 '
1 2 " - 2 4 2 '
6 " - 2 4 4 '
6 " - 1 4 5 '
1 0 " - 2 5 2 '
6 " - 2 5 4 '
6 " - 2 5 0 '
6 " - 2 3 9 '
6 " - 4 1 5 '
1 2 " - 2 6 1 '
8 " - 2 6 8 '
1 2 " - 2 2 3 '
6 " - 2 6 3 '
8 " - 2 7 3 '
6 " - 2 6 3 '
6 " - 2 8 0 '
6 " - 2 8 3 '
6 " - 2 4 3 '
6 " - 2 9 3 '
6 " - 2 8 8 '
6 " - 2 8 9 '
6 " - 2 9 0 '
6 " - 2 9 2 '
1 2 " - 2 9 2 '
6 " - 2 9 5 . 3 8 '
6 " - 3 0 0 '
8 " - 3 0 1 '
1 2 " - 3 0 6 '
8 " - 3 0 8 . 5 4 '
6 " - 3 1 1 '
6 " - 3 1 5 '
6 " - 3 2 0 '
1 2 " - 3 2 8 '
6 " - 3 2 8 '
8 " - 3 3 7 '
6 " - 3 6 3 '
1 2 " - 3 5 6 '
6 " - 3 4 6 '
8 " - 3 4 5 '
6 " - 4 0 0 '
6 " - 3 5 6 '
6 " - 3 7 5 '
6 " - 3 8 0 '
8 " - 3 6 9 '
6 " - 3 7 0 '
6 " - 3 7 1 '
1 2 " - 3 9 3 '
1 2 " - 3 9 3 '
6 " - 4 0 9 '
6 " - 4 2 2 '
1 0 " - 4 2 2 '
6 " - 4 3 4 '
3 6 " - 4 4 1 '
8 " - 4 5 6 '
6 " - 4 7 6 '
8 " - 2 5 0 '
6 " - 5 1 8 '
WESTERN DR TEWKSBURY AVE
PACIFIC AVE
GOLDEN
GATE
AVE
MARINE ST
CONTRA COSTA ST
WASHINGTON AVE
W RICHMOND AVE
CASTRO ST
GRANDVIEW CT
SANTA FE AVE
S
GARRARD
BLVD
CRESTAVE
BELVEDERE
AVE
HIGHST
I 580
LOBOS CT
CYPRESSPOINTRD
MARTINAST
CLARENCE ST
VACCA
ST
SUMMIT PL
LOBOSAVE COTTAGE AVE
SCENICAVE
BISHOP ALY
CLIFFSIDE CT
OCEAN AVE
CASEY DR
NICHOLL AVE
PIEDMONT
PL
DORNAN DR
RAILROAD AVE
TUNNEL AVE
W
ASHINGTONCT
EDDYST
DELFINO AVE
PARK PL
TERRACE
AVE
VINE AVE
ALLEY
WATER
ST
BISHOP AVE
F 7 S S 1
K e l l e r B e a c h
P u m p S t a t i o n
1 inch = 300 feet
0 300 600
Feet
I
Legend
P a r c e l s
Sewer Fitting
$1 L a m p h o l e , A c t i v e
$1 L a m p h o l e , P r i v a t e
$1 L a m p h o l e , B u r i e d
O t h e r
Ð%î" W y e
Sewer Manhole
!!2 A c t i v e
!!2 B u r i e d
Sewer Structure
[Ú P u m p S t a t i o n
Sewer Force Main
F o r c e M a i n
Sewer Gravity Main
A c t i v e
R e l i e f
A b a n d o n e d
PUBLIC
WORKS
DEPARTMENT
KELLER BEACH LINE
Parcles Leading to Keller Beach Line
Use Code
O c c u p i e d
N o D a t a
C o m m o n a r e a p a r c e l s i n P U D s ( o p e n s p a c e s , r e c r e a t i o n a l f a c i l i t i e s ) G o v e r n m e n t - o w n e d , w i t h o r w i t h o u t b u i l d i n g s ( f e d e r a l , s t a t e , c i t y , B A R T ) I n d u s t r i a l V a c a n t L a n d ( n o t p a r t o f i n d u s t r i a l p a r k o r P . a n d D . ) M i s c e l l a n e o u s i m p r o v e m e n t s , 1 s i t e M u l t i p l e V a c a n t
R e s i d e n t i a l V a c a n t , 1 s i t e ( i n c l u d e s P U D s i t e s ) R e s i d e n t i a l V a c a n t , u n b u i l d a b l e O c t o b e r 2 0 2 1
State of California
GOVERNMENT CODE
Section 65858
65858. (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting an y uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That ur gency measure shall require a four-fifths vote of the le gislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the le gislative body may e xtend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year . Any extension shall also require a four -fifths vote for adoption. Not more than two extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a four -fifths v ote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the le gislative body may by a four -fifths vote extend the interim ordinance for 22 months and 15 days. (c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdi visions, use permits, v ariances, b uilding permits, or an y other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the de velopment of projects with a significant component of multifamily housing may not be e xtended except upon written findings adopted by the legislative body, supported by substantial e vidence on the record, that all of the following conditions exist:
(1) The continued appro val of the de velopment of multif amily housing projects would have a specific, adv erse impact upon the public health or safety . As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as the y existed on the date that the ordinance is adopted by the legislative body.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
(2) The interim ordinance is necessary to mitig ate or avoid the specific, adv erse impact identified pursuant to paragraph (1).
(3) There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1) as well or better , with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinance. (d) Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e) When an interim ordinance has been adopted, e very subsequent ordinance adopted pursuant to this section, co vering the whole or a part of the same property , shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or an y extension of the ordinance as pro vided in this section.
(f) Notwithstanding subdivision (e), upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety, health, and welfare from an e vent, occurrence, or set of circumstances dif ferent from the event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance.
(g) For purposes of this section, “de velopment of multifamily housing projects” does not include the demolition, con version, rede velopment, or rehabilitation of multifamily housing that is af fordable to lo wer income households, as defined in Section 50079.5 of the Health and Safety Code, or that will result in an increase in the price or reduction of the number of af fordable units in a multif amily housing project.
(h) For purposes of this section, “projects with a significant component of multifamily housing” means projects in which multifamily housing consists of at least one-third of the total square footage of the project.
(Amended by Stats. 2001, Ch. 939, Sec. 1. Effective January 1, 2002.)
February 7, 2023
Finance Department
DATE: February 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager
Delmy Cuellar, Director of Finance
Subject:
Budget Presentation
FINANCIAL IMPACT: There is no financial impact for receiving department presentations.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff from various City departments will provide an overview of their programs, staffing, and Fiscal Year
2022-2023 budget.
RECOMMENDED ACTION:
RECEIVE budget presentations from the City Manager,
Capital Improvement Projects, Internal Services
(Information Technology, Human Resources, Finance),
Economic Development, City Clerk, City Council, Mayor’s Office – Finance Department (Shasa Curl/Delmy Cuellar
510-620-6790). This item was continued from the
February 7, 2023, meeting.
DISCUSSION:
City departments are giving the City Council an update on their accomplishments and goals at the mid-point of the Fiscal Year 2022-2023.
AGENDA
REPORT
February 7, 2023
Below is the schedule of presentations.
January 17, 2023: Public Works (Building Maintenance, Engineering & Capital Improvement Projects, Fleet, Maintenance & Abatement, Parks Maintenance, Water Resource Recovery)
January 24, 2023: Police (Administration, Traffic, Investigations, Patrol) Fire (Administration and Support, Emergency Services, Fire Prevention, Training)
February 7, 2023: Capital Improvement Projects
Internal Services (Information Technology, Human Resources, Finance)
City Manager
Economic Development
City Clerk
City Council
Mayor’s Office
February 21, 2023: City Attorney
Community Services (Children and Youth, Employment & Training, Environmental and Community Investment Agreement Grant
Administration, Library, Office of Neighborhood Safety, Recreation, Transportation)
Community Development (Building, Code Enforcement, Housing Policy, Planning, Successor Agency to the former Redevelopment Agency)
NEXT STEPS:
City staff will return on February 21, 2023, with the department presentations for the City Attorney, Community Services, and Community Development departments.
DOCUMENTS ATTACHED:
Attachment 1 – Department Presentations
Attachment 2 – Capital Improvement Project Report
2023 Public Works CIP Program
• Accomplishments
• Castro Ranch Road Pavement Rehabilitation $3.1
1
2023 Public Works CIP Program
• Accomplishments
• Yellow Brick Road $7.5m
2
2023 Public Works CIP Program
• Accomplishments
• San Pablo Ave at Barrett Ave. $2.0m
3
2023 Public Works CIP Program
4 • Accomplishments
• North Richmond Flood Engines Replacements $1.8m. (City's Share).
2023 Public Works CIP Program
5 • Accomplishments
• North Richmond Flood Engines Replacements $1.8m (City's Share).
2023 Public Works CIP Program
6 • Accomplishments
• Central Avenue/I-80 Traffic Improvements EIR Completion $15m. total project cost.
2023 Public Works CIP Program
• Accomplishments
• Dichlorination Sodium Hypochlorite Sodium Bisulfite Tanks $4.5m
7
2023 Public Works CIP Program
• Under Construction
• Grit and Aeration Replacement $50.0m
8
2023 Public Works CIP Program
• Under Construction
3. BTA Community Center Fire Restoration $3.1m
9
2023 Public Works CIP Program
• Under Construction
3. BTA Community Center Fire Restoration $3.1m
10
2023 Public Works CIP Program
• FY2022-2023 CIP Budget Page 1.
11
2023 Public Works CIP Program
• FY2022-2023 CIP Budget Page 2.
12
2023 Public Works CIP Program
• FY2022-2023 CIP Budget Page 3.
13
2023 Public Works CIP Program
• FY2022-2023 CIP Budget Page 4.
Total 2023-2023 PW CIP Budget
PW Department $27,978,560
PW Department -Wastewater $37,096,315
Community Services $ 4,111,530
Fire Department $ 1,072,435
TOTAL $ 70,258,840
14Page 875 of 1099
QUESTION & ANSWERS
15Page 876 of 1099
Richmond
Department of
Finance
• February 7, FY2023
16
WHAT WE DO
• The Finance Department is committed to providing timely, accurate, clear and complete information and support to council, city departments and the community at large. Below are the major areas of service in the Department:
• Revenue processes all the City revenue including Business Tax • Budget develops and administers Operating and Capital Improvement Budget.
• Accounts Payable and Purchasing manage all procurement transactions and payments to vendors
• Treasury monitors cash and banking transactions for the City daily • General Accounting maintains the City books and issues monthly, quarterly, and annual reports, also publishes Annual Comprehensive Report (ACFR) in line with governmental accounting rules • Payroll processes payroll runs twice a month and special checks in compliance with labor laws and negotiated MOUs
17
WHAT WE DID IN FY 2022-23 (JULY-DECEMBER)
● Implement MUNIS (system of financial records) Upgrade-Complete ● Facilitate FY2021-22 Financial Audit and started working on finalizing the Annual Comprehensive Financial Report
● Implemented Debt Book Software to comply with GASB 87 –Lease Accounting Requirement and Debt Service Maintenance
● Cleared several legacy negative cash from several funds ● Prefunded OPEB 115 trust from the fiscal year 2021-22 operating surplus ● Updated fiscal policies: Grants, OPEB, Reserve, SWAP , Debt Service, Investment ● Initiated a contracts for Budget Book Publishing automation and Cost Allocation Plan ● Updated Contract Compliance procedure
● Facilitated State Audit and submitted a completed corresponding Corrective Action Plan
● Refinance Pension Obligation Bonds-Complete
● Assisted Human Resources in MOU negotiations and Class and Compensation calculations
● Provided trainings on Contract Compliance and Grants Management ● Facilitated RHA’s annual audits 18
WHAT WE PLAN TO DO IN FY 2022-23
( JANUARY – JUNE)
• Implement and provide updates per the Corrective Action Plan to the State Auditor
• Continue to work on contract renewal for Land Development Software
• Develop a balanced FY2023-24 Operating and CIP Budget • Facilitate FY2021-22 Single Audit
• Update Long Term Financial Forecast by incorporating new MOUs, expenditure and revenue assumptions under current economic projections-In Progress
• Assist the City Manager’s Office in exploring Revenue Enhancement options-On Going
• Revisit potential investment opportunities to maximize the City’s return on investments-In Progress
• Continue updates to Business Tax implementation
19
WHO WE ARE (STAFF)
FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 33 5
20
FISCAL YEAR 2022-23 BUDGET
2 1
FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022)
Revised Budget Actuals 6 Month Projection
Revenue Licenses, Permits, Fees 68 0 34
Total Revenue 68 0 34
Expenditures Salaries & Wages 3,130,577 3,589,528 1,565,288.50 Benefits 2,267,453 2,214,947 1,133,726.50
Professional & Admin 751,942 794,722 375,971
Other Operating 68,806 65,806 34,403
Utilities 1,394 1,400 697
Equipment & Contract
Services 385 435 192.50
Cost Pool 171,164 309,458 85,582
A87 Cost Plan
Reimbursement (1,059,033) (1,885,015) (529,516.50)
Total Expenditures 5,332,688 5,091,281 2,666,344
Net Impact (5,332,620) (2,666,310)
Thank you!
Questions?
22
Richmond Department
of Human Resources
• Date: February 7, 2023
WHAT WE DO
● The Human Resources Department's mission is to support our customers in accomplishing their missions by attracting and retaining a highly skilled and diversified workforce that is fairly compensated and rewarded for its effort in an equitable, safe and responsible work environment.
Below are the major areas of service in the Department:
• Recruitment and Testing: Conduct recruitment, testing, and selection to onboard new employees • Classification and Compensation: Manage the City’s job classification & compensation system in accordance with Personnel Rules
• Training: Manage and document employee safety and general training 24 • Benefits Administration: Administer City
benefit programs for employees including
medical, dental, vision coverage, retirement,
and leaves management
• Workforce Relations: Collaborates with
labor partners to negotiate MOUs and other
items impacting wages, hours, and working
conditions, manages workplace
investigations and discipline.
• Risk Management: manages general liability
and workers’ compensation claims
WHAT WE DID IN FY 2022-23 (JULY-DECEMBER)
● Began negotiating implementation of Class and Comp study ● Completed successor MOU bargaining with the Richmond Police Officers Association
● Hired/promoted 2 Deputy City Managers, 2 Department Directors, and 4 Deputy Department Directors
● Established 34 employment lists from new recruitments ● Onboarded 34 new full-time employees and processed 22 promotions ● Adopted a revised Alternate Dispute
Resolution (ADR) program for workers’
comp with Firefighters Local 188
● Participated in the MUNIS Upgrade
25
WHAT WE PLAN TO DO IN FY 2022-23 ( JANUARY – JUNE)
• Complete the negotiation and implementation of the Class & Comp study
• Complete successor MOU bargaining with Firefighters Local 188, Richmond Fire Management, and Richmond Police
Management
• Launch the Training Academy and partner with the City’s Diversity, Equality and Inclusion Coordinator to implement quarterly city-wide training.
• Continue ramping up recruitment efforts to attract high-quality candidates employing innovative techniques
• Strategize and implement retention techniques and succession planning
• Reinvigorate the City’s focus on employee wellness including adding more workshops, virtual fairs, and impactful
programming
26
WHO WE ARE (STAFF)
FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 13 3
27
FISCAL YEAR 2022-23 BUDGET
2 8
FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022)
Revised Budget Actuals 6 Month Projection
Revenue Use of Money/Property 117,640
Charges for Services 19,184,635 8,784,154 9,592,317.50
Other Revenue 188,172
Grants 397,858
Total Revenue 19,184,635 9,487,824 9,592,317.50
Expenditures Salaries & Wages 1,445,248 629,031 722,624 Benefits 888,835 398,598 444,417.50
Professional & Admin 1,903,898 177,825 951,949
Other Operating 72,843 13,701 36,421.50
Utilities 800 578 400
Equip & Contract Srvc. 25,150 52 12,575
Provision for Insurance Loss 15,934,079 6,699,860 7,967,039.50 Cost Pool 641,776 276,407 320,888
Asset/Capital Outlay 2,339,698 73,930 1,169,849
A87 Cost Plan Reimb (184,290) (76,794) (92,145)
Total Expenditures 23,068,037 8,222,318 11,534,018.50
Net Impact (3,883,402) (1,265,505) (1,941,701)
Thank you!
Questions?
29
Richmond Department of
Information Technology
• February 7, 2023
Mission:
Information Technology’s (IT) mission is to
be customer centric. The IT Department
will be the best provider of comprehensive
and innovative support services and
training for information services in the
eyes of its customers. presentation.
WHAT WE DO
• Manage IT Infrastructure
IT Manages network and communications for 47 sites
including 69,000 feet of City fiber
• Manage Enterprise Business systems
including GIS as well as manage the Open Data &
Performance system for City departments
• Manage hardware and software
for the City-wide Network, VoIP phone system, 800
desktops, 275 laptops, and 450 mobile devices
• IT manages communications
to the public through KCRT TV, print services, website, and social media
WHAT WE DID IN FY 2022-
23 (JULY-DECEMBER)
Enhanced Cyber Security
❑ Including providing awareness training for end users
❑ Upgraded the City’s firewalls and deployed centralized management console for all firewalls
Continued replacement of aging computer equipment
❑ Including our network infrastructure and end user equipment ❑ Replaced legacy servers and deployed new storage
❑ Upgraded communications for the Recreation Centers
Collaborated with City Departments to
Manage Upgrade and implement Business Systems
❑ Upgrading Munis to newer version (2019) and configured single sign-on ❑ Supporting Measure U for the Finance Department
❑ Worked with GFOA preparing for a system needs assessment and RFP Refreshed the City’s Website
❑ Providing training to City Department website users
Continued support of remote access and online conferencing ❑ Providing secure access
WHAT WE PLAN TO DO IN FY
2022-23 ( JANUARY – JUNE)
Continue to provide innovations for City wide efficiencies including expanded digital services
Continue to collaborate interdepartmentally in support of business systems
• Manage and support and upgrade the City of Richmond’s Enterprise Resource Planning System (ERP)
• Plan and execute the Implementation and replacement of the City’s Community Relations Management System
• Continue to provide technical support for Measure U
• Continue to prepare for high-definition video broadcasting Continue Revenue enhancement opportunities
• Managing, and negotiating increase rent for cellular service vendors on City owned properties
Continue Implementation of expanded Wi-Fi
• Both internally and externally; improving bandwidth for remote City facilities
WHO WE ARE (STAFF AKA TEAM AWESOME)
FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 14 2
FISCAL YEAR 2022-23 BUDGET
FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022)
Revised Budget Actuals 6 Month Projection
Revenue Licenses, Permits & Fees 1,250,000 247,965 625,000 Use of Money/Property 1,905
Other Revenue 2,755
Operating Transfer-In 100,000 41,669 50,000
Total Revenue 1,350,000 294,293 675,000
Expenditures Salaries & Wages 1,434,047 639,526 717,023.50 Benefits 991,281 429,628 495,640.50
Professional & Admin 1,186,882 505,752 593,441
Other Operating 107,601 35,886 53,800.50
Utilities 440,827 231,586 220,413.50
Equip & Contract Srvc. 797,620 683,462 398,810
Provision for Insurance
Loss 604 302
Cost Pool 370,495 185,250 185,247.50
Asset/Capital Outlay 1,179,600 179,771 589,800
A87 Cost Plan Reimb (410,873) (205,437) (205,436.50)
Total Expenditures 6,098,084 2,685,424 3,049,042
Net Impact (4,748,084) (2,391,131) (2,374,042)
Thank you!
• Image by Christian Wimmer,
IT/ KCRT
1
City
Manager's
Office
Economic
Development
Arts and
Culture
Economic
Development
Environmental
and Health
Initiatives
Richmond
Housing
Authority
Real Estate
and Port
Special
Projects
Richmond
Department of
Children and
Youth
City Manager’s
Office
Administration
2
3
▪
▪
▪
▪
▪
▪
▪
▪
4
▪
▪
▪
▪
▪
▪
▪
▪
▪
5
6 FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 4 0
7 FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022) Revised Budget Actuals 6 Month Projection
Revenue Licenses, Permits & Fees 149,207 6,270 74,603.50 Use of Money/Property 48,803
Other Revenue 3,635
Grants 164,707
Total Revenue 149,207 223,415 74,603.50
Expenditures Salaries & Wages 482,176 227,462 241,088
Benefits 265,530 101,874 132,765
Professional & Admin 3,349,625 5,973 1,674,812.50
Other Operating 10,200 3.958 5,100
Utilities 1,000 272 500
Equip & Contract Srvc. 200 92 100
Cost Pool 105,040 52,522 52,520
Asset/Capital Outlay 690
A87 Cost Plan Reimb (180,453) (90,227) (90,226.50)
Total Expenditures 4,033,318 302,616 2,016,659
Net Impact (3,884,111) (79,200) (1,942,055.50)
Mural Sculpture, title:
Regeneration, 2021-22.
Artist team: Last Ones
Collective in Collaboration
with Richard Salazar
8
▪
▪
▪
▪
▪
Osprey Bird Sculpture by
Ridgeline Property Group
Judy Baca Mural
9 Cleaned Archie Held sculpture
▪
▪
▪
▪
▪
Changing Tides by Jeffrey
Reed and Jennifer Madden
Mural: Nevin Terrace,
Jeff Carnie 10
11
▪
▪
▪
▪
▪
▪
▪
12Page 909 of 1099
▪
▪
▪
▪
▪
▪
13
14
▪
▪
▪
▪
▪
▪
15
▪
▪
▪
▪
▪
▪
16
17
▪
▪
▪
▪
▪
▪
▪
▪
▪
18
▪
▪
▪
▪
▪
▪
▪
▪
19
20 FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 11 3
21 FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022) Revised Budget Actuals 6 Month Projection
Revenue Other Taxes 1,607,614 552,129 803,807
Licenses, Permits, Fees 200,000 727,291 100,000
Use of Money/Property 44,948
Rental Income 10,348,460 2,256,999 5,174,230
Grants 3,813,238 1,906,619
Operating Transfers In 86,778 36,154 43,389
Total Revenue 16,056,090 3,617,511 8,028,045
Expenditures Salaries & Wages 1,171,215 401,994 585,607.50 Benefits 688,004 271,661 344,002
Professional & Admin 3,376,893 476,681 1,688,446.50
Other Operating 322,585 4,082 161,292.50
Utilities 365,040 177,943 182,520
Equipment & Contract
Services 322,000 4,439 161,000
Provision for Ins Loss 42,800 41,765 21,400
Cost Pool 476,163 198,419 238,081.50
Asset/Capital Outlay 4,651,288 197,628 2,325,644
Debt Service 4,690,700 211,550 2,345,350
Grant Expenditure 982,251 491,125.50
Total Expenditures 17,088,939 1,986,162 5,707,994
Net Impact (1,032,849) 1,631,349 (516,424.50)Page 918 of 1099 22
▪
▪
▪
▪
▪
▪
23
▪
▪
▪
24
25 FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 7 1
26 FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022) Revised Budget Actuals 6 Month Projection
Revenue Other Revenue 12,000 101 6,000
Rental Income 650,000 270,952 325,000
Grants 2,679,427 871,613 1,339,713.50
Operating Transfers In 1,538,617 769,308.50
Total Revenue 4,880,044 1,142,758 2,440,022
Expenditures Salaries & Wages 617,230 328,032 308,615
Benefits 537,665 254,012 268,832.50
Professional & Admin 893,812 73,322 446,906
Other Operating 165,399 45,065 82,699.50
Utilities 725,208 321,470 362,604
Equipment & Contract
Services 208,700 29,383 104,350
Provisions for Insurance
Loss 63,540 14,732 31,770
Cost Pool 140,435 70,217.50
Asset/Capital Outlay 404,626 202,313
Grant Exp 845,894 180,602 422,947
Operating Transfers Out 277,535 138,767.50
Total Expenditures 4,880,044 1,246,618 2,440,022
Net Impact 0 (103,860) 0
27
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
28
29
30
31
▪
▪
▪
32
▪
▪
▪
▪
▪
33
34
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
35Page 932 of 1099
▪
▪
▪
▪
▪
▪
36
37 FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 3 3
38 FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022) Revised
Budget Actuals 6 Months
Projection
Revenues
Operating Transfer In 3,936,896 1,968,452 1,968,448
Total Revenues 3,936,896 1,968,452 1,968,452
Expenditures Salaries & Wages 130,899 14,502 65,450
Benefits 141,940 5,740 70,970
Professional & Admin 3,623,000 72,075 1,811,500
Other Operating 14,000 697 7,000
Total Expenditures 3,909,839 93,015 1,954,920
Net Impact 27,057 1 ,875,437 13,529
39
CITY CLERK’S OFFICE
FY 2022-23 Budget Presentation
February 7, 2023
37
WHAT WE DO
• Accepts and immediately processes the following documents upon receipt: public records requests, claims against the City, subpoenas, and boards and commissions applications for
appointment and reappointment.
• Election Official – redistricting, and election administration • Responsible for updating and maintaining city ordinances and codes; providing access to legislative meeting information, receive statements of economic interest, campaign and other financial disclosure related filings.
• Responsible for staffing City Council meetings,
agenda/package preparation, distribution, and publishing. • Training: Train department staff on new systems such as Escribe and NextRequest
38
WHAT WE DID IN FY 2022-23
• Election: Prepared, administered, and successfully completed the November 8, 2022, General Election for Districts 2, 3, and 4, and Measure P - amending the City of Richmond’s Rent Ordinance.
• Swearing-In: – Completed the swearing-in of the new mayor and councilmembers.
• New Council Orientation: Participated in the Council Orientation. • Public Records Request: Purchased and launched NextRequest public records management software. A management software that gives the Clerk’s Office a boost on compliance regulations and has improved our management and response efforts to records requests.
• Webpage: Updated our main webpage.
• Offer translated City Council agendas: City Council agendas are translated to Spanish and published on the website
39
WHAT WE PLAN TO DO IN FY 2022-23
• City Council – In Person Meetings: Transition back to in person hybrid meetings in March 2023
• Train Council on Escribe Voting System: In February 2023 in preparation of in person meeting
• Webpages: Continuously work on updates to our webpages for clarity and ease of use.
• Fair Political Practices Commission (FPPC) Form 700, or Statement of Economic Interest: Administer filing of this form by the April 3, 2023, deadline. This form provides transparency and ensures accountability from employees and officials.• DocuSign: Implement routing of resolutions, ordinances, and minutes for electronic signature.
• Escribe: To complete the full migration of City Council documents and videos to Escribe by 2023.
• Records Retention Schedule:Update the Records Retention Schedule by year- end 2023
• Elections: Begin preparation for the 2024 General Election for Districts 1, 5, and 6.
• Passport Program: Restart Passport services, by appointment only, by June 2023. All City Clerk’s Office staff, are passport acceptance agents and continue the required annual certification process and receive updates to new rules and regulations to immediately restart this program when it is safe. 40
41 CITY CLERK - WHO WE ARE (STAFF)
Positions FY21-22
Mid-Year
FY22-23
Proposed
City Clerk 1.0 1.0
City Clerk Technician 1.0 0.0
Deputy City Clerk 2.0 3.0
Total Full-Time Equivalent (FTEs) 4.0 4.0
FISCAL YEAR 2022-23 BUDGET
4 2
FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022)
Revised Budget Actuals 6 Month
Projection
Revenue Licenses, Permits, Fees 600 300
Charges for Services 3,000 1,500
Total Revenue 3,600 1,800
Expenditures Salaries & Wages 450,250 223,685 225,125
Benefits 279,190 152,816 139,595
Professional & Admin 334,100 23,759 167,050
Other Operating 20,300 2,970 10,150
Utilities 175
Cost Pool 22,250 9,272 11,125
A87 Cost Plan Reimb (70,463) (29,362) (35,231.50)
Total Expenditures 1,035,627 383,315 517,813.50
Net Impact (1,032,027) (383,315) (516,013.50)
Richmond
City Council Office
FY 2022-23 Draft Budget
Presentation
May 3, 2022
43 INSERT AN IMAGE
WHAT WE DO44
• The City Council establishes comprehensive goals
and objectives for the City.
• The City Council provides leadership in
establishing policies and formulating priorities for
the allocation of City resources.
• The City Council holds regularly-scheduled
meetings, hearings, and study sessions to receive
community input while conducting municipal
affairs in a public forum.
• The City Council Members meet and confer with
members of the public and local businesses to
hear their concerns to inform their decisions.
Vice Mayor
McLaughlin
Councilmembe
r Willis
Councilmember
Zepeda
Councilmembe
r Bana
Councilmember Robinson Councilmember Jiménez
WHAT WE DID IN FY 2021-22
45 • Promoted Sustainable Communities
• Continued to protect tenants from eviction during the COVID-19 Pandemic
• Maintained City Services and safety protocols
• Promoted Effective Government
• Adopted over 214 resolutions
• Adopted over 21 ordinances
• Worked to stabilize the administration
• Hired a new city manager from within the organization • who has history with the City of Richmond.
• Approved a telecommuting policy to assist with
reducing the risk of COVID-19 infection while
maintaining services to the Richmond residents
• Approved successor collective bargaining agreements
with IFPTE Local 21 and SEIU Local 1021 to update
salary schedules with the adopted wage increases
during the term of the bargaining agreements.
WHAT WE PLAN TO
DO IN FY 2022-23
• Promote a Safe and Secure Community
• By supporting efforts to strengthen staffing levels throughout the municipality. • Reduce crime through effective programming and policy implementation • Support staff to design strategies to improve the City’s credit rating to increase chances for better loan and bond opportunities
• Explore and take action to improve staffing levels and morale. • Promote Effective Government
• Support the City Manager and Department Heads in maximizing services and resources to the residents of Richmond.
• Support the initiatives of the Government Alliance on Race and Equity, Health in All Policies and other equity and inclusion initiatives to advance equity. • Improve efforts to address homelessness and unstable housing. 46
47 CITY COUNCIL - WHO WE ARE (STAFF)
Positions FY21-22
Mid-Year
FY22-23
Proposed
Councilmembers 6.0 6.0
Project Coordinator 1.0 1.0
Total Full-Time Equivalent (FTEs) 7.0 7.0
FISCAL YEAR 2022-23 BUDGET
4 8
FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022)
Revised Budget Actuals 6 Month Projection
Revenue Licenses, Permits, Fees
Fines & Forfeitures
Use of Money/Property
Charges for Services
Rental Income
Grants
Total Revenue
Expenditures Salaries & Wages 293,872 122,020 146,936
Benefits 217,790 120,952 108,895
Professional & Admin 44,588 12,881 22,294
Other Operating 18,297 3,964 9,148.50
Utilities 1,365 175 682.50
Cost Pool 31,943 15,971 15,971.50
Asset/Capital Outlay 1,200 600
Total Expenditures 609,055 275,964 304,527.50
Net Impact (609,055) (275,964) (304,527.50)
Mayor’s Office
49 Eduardo Martinez
Tony Tamayo
BK White
Shiva Mishek
Chief of Staff
Da Mayor
Dep Chief of Staff
Policy Director
WHAT WE DO
50 Richmond’s mayor is “the chief elected officer and ceremonial head of the City, responsible for providing civic leadership and taking issues to the people, and marshalling public interest in and support for municipal activity. The Mayor shall be concerned with the general development of the community and the general level of City services and activity programs and may develop and inform City residents of policies and programs which he or she believes are necessary for the welfare of the City.”
—(Charter of the City of Richmond, Article III-A Sec. 2.) Provide leadership and vision for the community
Promote economic development and job creation
Represent the community at the regional and national level Develop and administer the Operating and Capital Improvement Budget Encourage public engagement and participation
WHAT WE DID IN FY
2022-23 (JULY-
DECEMBER)
Not Applicable.
51
WHAT WE PLAN TO
DO IN FY 2022-23
(JANUARY – JUNE)
52 Improve the city’s capacity to serve residents by tackling the vacancy crisis.
Work closely with county, state, and federal partners to invest in Richmond via funding, grants, and policy support.
Solidify an extreme weather shelter plan for unhoused
residents.
Support expansion of Richmond’s public recreational spaces for youth and families.
Monitor the progress of Richmond’s Mental Health Crisis Response program.
Support Public Works in prioritizing safe and clean streets.
Foreground environmental protections and climate change resilience policies.
Promote the rich art scene in our community.
Promote city departments and staff, local events, and small businesses through digital media asset generation and social media.
WHO WE ARE (STAFF) 53
FY 2022-23 Approved
Positions
Vacant Positions as of
December 31, 2022
Staffing 3 0
FISCAL YEAR 2022-23
BUDGET
54 FY2022-23 BUDGET vs. ACTUALS ( Thru December 31, 2022) Revised
Budget Actuals 6 Months
Projected
Revenue Other Revenue 4,565
Total Revenue 4,565
Expenditures Salaries & Wages 285,056 131,022 142,528
Benefits 255,823 125,521 127,912
Professional & Admin 21,100 14,020 10,550
Other Operating 2,400 65,806 1,200
Utilities 1,250 1,959 625
Cost Pool 19,191 9,597 9,596
Total Expenditures 584,820 283,362 292,410
Net Impact (584,820) (278,797) (292,410)
Thank you!
QUESTIONS?
55
8. CIP Variance Report
FY2022-23 - Period 6 - December 2022
CAPITAL IMPROVEMENT PROJECTS BY FUND
ORIGINAL REVISED 12/31/2022 PCT Used 50%
BUDGET ADJ. BUDGET EXPENDED BALANCE without %
NON-GENERAL FUND - PROJECT FUNDS FY2022-23 FY2022-23 FY2022-23 FY20 22-23 ENCUMB REMAINING ENCUMB USED Notes 1002 - GAS TAX
REVENUE (3,203,193) - (3,203,193) (1,296,397) - (1,906,796) 40% 40% Gas Tax revenue is through 11/23/22, has a lag
time
ADA MISCELLANEOUS SIDEWALK REHAB 36,105 - 36,105 - - 36,105 0% 0% BRIDGE PREVENTIVE MAINTENANCE 248,340 - 248,340 - - 248,340 0% 0% GREENWAY REHAB AND BIKE EDUCATION 27,310 - 27,310 - - 27,310 0% 0% STREET AUDIT REPORT 4,000 - 4,000 - - 4,000 0% 0% STREET PAVING 2,500,000 19,676 2,519,676 1,376,621 662,120 480,936 55% 81% Multi PO's encumbered for equipment rental,
asphalt materials and supplies to support the street
paving program
TOTAL - STATE GAS TAX - EXPENSES 2,815,755 19,676 2,835,431 1,376,621 662,120 796,691 49% 72% 1004 - ASSET SEIZURE
REVENUE (20,000) - (20,000) (66) - (19,934) 0% 0% Asset Seizure revenue is unpredictable, will be
adjusted at mid-year
MISCELLANEOUS EXPENSES SAFETY EQUIPMENT 20,000 - 20,000 - - 20,000 0% 0% TOTAL - ASSET SEIZURE - EXPENSES 20,000 - 20,000 - - 20,000 0% 0% 1006 - OUTSIDE FUNDED GRANTS
REVENUE (3,635,288) - (3,635,288) - - (3,635,288) 0% 0% Grant reimbursements happen after expense
occurs
MLK PARK FIELD TURF 234,000 - 234,000 - - 234,000 0% 0% TERMINAL 4 W
HARF REMOVAL 3,401,288 - 3,401,288 197,628 516,345 2,687,316 6% 21% TOTAL - OUTSIDE FUNDED GRANTS - EXPENSES 3,635,288 - 3,635,288 197,628 516,345 2,921,316 5% 20% 1019 - ROAD MAINTENANCE REHABILITATION ACCOUNT (RMRA) SB1 REVENUE (2,510,376) - (2,510,376) (1,047,252) - (1,463,124) 42% 42% SB1 funding delayed due to timing of filing annual
report. Entire revenue budget is expected before
end of fiscal year
STREET PAVING - SB1 - 37TH STREET 300,000 (100,543) 199,457 - 36,915 162,542 0% 19% STREET PAVING - SB1 - CASTRO RANCH ROAD 329,168 264,178 593,346 4,189 263,854 325,304 1% 45% STREET PAVING SB1 CUTTING/HARBOUR WAY S.
B 706,308 159,514 865,822 1,680 783,616 80,526 0% 91% PO encumbered with WR Forde for work on the
Cutting/Harbour Way S. Project
STREET PAVING SB1 - MARINA WAY - WELLNESS T 59,861 5,959 65,820 1,890 4,284 59,646 3% 9% STREET PAVING - SB1 - RICHMOND PARKWAY 1,000,000 - 1,000,000 2,430 2,926 994,644 0% 1% TOTAL - RMRA - EXPENSES 2,395,337 329,109 2,724,446 10,189 1,091,595 1,622,661 0% 40% 1054 - ENGINEERING GRANTS
REVENUE (14,509,778) - (14,509,778) (633,382) - (13,876,396) 4% 4% Grant reimbursements happen after expense
occurs. $82,500 received is for Harbour Way
Improvement for prior year
ATP QUICK BUILD CUTTING/HOFFMAN 625,212 - 625,212 - 412,419 212,793 0% 66% PO encumbered with WR Forde for work on the
Cutting/Hoffman Cycle Track Project
ATP QUICK BUILD HARBOUR WAY S. CYCLE TRACK 184,300 - 184,300 - 29,579 154,721 0% 16% BOORMAN PARK REVITALIZATION 3,490,204 497,253 3,987,457 184,231 473,736 3,329,489 5% 17% BRIDGE PREVENTIVE MAINTENANCE 1,875,803 14,378 1,890,181 2,760 11,618 1,875,803 0% 1% CASTRO RANCH ROAD - 477,335 477,335 - 477,335 - 0% 100% Prior year PO carry-forward with Ghilotti Bros for
construction work on Castro Ranch Rd. Project
CARLSON BLVD. CROSSTOWN CONNECTIONS & I
M 398,410 22,858 421,268 - 201,669 219,599 0% 48% PO encumbered with Nema Construction for work
on the Carlson Blvd. Project
GREENING THE YELOW BRICK ROAD 351,769 2,024,348 2,376,117 285,469 1,738,878 351,769 12% 85% Prior year PO carry-forward with POGO Park for
work on Greening the Yellow Brick Rd. Project
GREENWAY GAP AND CONNECTIVITY STUDY - 149,926 149,926 77,177 72,749 100% 151% 100% Prior year PO carry-forward with Civicwell for work
on the Greenway Gap Connectivity Project
GREENWAY REHAB AND BIKE EDUCATION 100,000 - 100,000 - - 100,000 0% 0% HARBOUR 8 PARK EXTENSION 6,194,260 118,018 6,312,278 284,348 5,510,582 517,348 5% 92% PO encumbered with POGO Park for design and
build work on the Harbour 8 Park Extension Project
HARBOUR WAY & WRIGHT SECTION 130 1,199,075 - 1,199,075 - - 1,199,075 0% 0%