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.
DRAFT
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.
DRAFT
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):
DRAFT
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.
DRAFT
___ 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.
DRAFT
___ 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.
DRAFT
___ 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.
DRAFT
February 28, 2023
City Council
DATE: February 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor Gayle McLaughlin
Subject:
Presentation on the impending impact of sea level rise
based on scientific data and how Richmond can prepare.
FINANCIAL IMPACT: There is no financial impact related to this item.
PREVIOUS COUNCIL
ACTION:
On April 20, 2021, then-Councilmember Martinez and
Councilmember McLaughlin brought a resolution and
study session item to City Council to hear from Dr.
Kristina Hill about the latest scientific information on sea level rise. Resolution 43-21 was passed unanimously to address the impact of sea level rise by incorporating new scientific data into our Climate Action Plan.
STATEMENT OF THE
ISSUE:
Dr. Kristina Hill is a professor at UC Berkeley who studies changes in environmental conditions as a result of
urbanization and climate change. Given Richmond’s 32
miles of shoreline, this item gives the City Council an opportunity to hear again from Dr. Hill and learn further about what we can expect in the years to come from
impending and accelerating sea level rise and how we
can and must protect our residents, businesses, and
shoreline.
RECOMMENDED ACTION:
RECEIVE a presentation from Dr. Kristina Hill, Associate Professor of Environmental Planning and Urban Design
and Director of the Institute of Urban and Regional
Development at UC Berkeley to further our
understanding of the latest science regarding sea level rise and its impact on our city – Vice Mayor Gayle
McLaughlin (510-620-6366).
AGENDA
REPORT
February 28, 2023
DISCUSSION:
Dr. Kristina Hill is Associate Professor of Environmental Planning and Urban Design and Director of Institute of Urban and Regional Development at UC Berkeley. Her background is in geology, before getting a PhD in landscape planning, with a minor in ecology. Her dissertation was on how to handle uncertainties in mapping which serves well in the study of sea level rise.
She studies changes in environmental conditions as a result of urbanization and climate change, and develops urban design approaches, infrastructure strategies, and habitat conservation strategies that allow coastal regions to adapt to increased extent or frequency of flooding.
In Richmond, we have 32 miles of shoreline, and it is essential we look ahead as the scientific data examines the acceleration of sea level rise. Richmond has taken many actions over the past years to demonstrate our commitment to climate solutions. We have approved a Climate Action Plan; we have a Climate and Energy Element in our General Plan; and we have a Health in All Policies Ordinance and Strategy to protect our residents, businesses and 32 miles of shoreline.
More recently, we have approved the development of a Richmond Green-Blue New Deal plan. The “Blue” aspect of this plan will focus on shoreline protection and sustainability-oriented water-related job creation.
Also, on April 20, 2021, the City Council unanimously passed Resolution 43-21, which resolved that all new scientific information will be verified and incorporated into the Climate Action Plan.
In addition to these critical policies and strategies, it is important to be aware of the economic challenges that we will be facing. It has been said that “the environment is the economy.” In other words, if we ignore the looming impact of environmental and climate change, such as sea level rise, on our local environment, we can expect to be hit with the cost of repairing the environmental harm and the cost of public health liability in years to come.
This presentation by Dr. Hill will further our understanding of the challenges to come in regard to sea level rise and its impact on our facilities, water systems, shoreline and the health of our residents with the goal of helping us envision and work toward building a sustainable and healthy future.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution 43-21 unanimously approved on April 20, 2021
SEA LEVEL RISE : Impacts on RichmondKristina Hill, PhD | UC Berkeley | [email protected]
ROTTERDAM, NETHERLANDS –Water Plan 2.0 (2009)
State of California Sea level Rise Guidance (OPC, 2018) 3 feet
6.7 feet
10.2 feet
ScarySuper scary
State of California Sea level Rise Guidance (OPC, 2018) 3 feet
6.7 feet
10.2 feetPermanent,high valueinvestments
Temporary,low valueinvestments
State of California Sea level Rise Guidance (OPC, 2018) 3 feet
6.7 feet
10.2 feetPermanent,high valueinvestments
Temporary,low valueinvestments
By 2040, 0.5 to 1.8 feetBy 2050, 1 to 2.5 feet
What’s new in sea level rise research?
“Icefin” robot probe, dropped through a drilled hole in the ice at Thwaites Glacier in 2021.Page 731 of 778
?
2023 California State Guidance on sea level rise?
Mixed news about sea level rise:•In the next 30 years, sea level could rise as much as it did in the last 100 years (that’s only about 1 foot, so it’s good news)•Between 2050 and 2100, sea level could still rise very quickly to a worst-case level of 6 -10 feet, because observations from Antarctica are very worrying (cracks above and below a key glacier, lowest-ever sea ice levels in 2022-23)•We’ll know a lot more by 2030, if not sooner
Where is Richmond most vulnerable to permanently higher tides and storms?
1874 map shows the extent of tidal marshes and mud flats in what is now Richmond Point Isabel
Harbor Channel andMarina Bay
At some future point, Richmond will see 9 feet of sea level rise. (BCDC Bay Area Flood Viewer)
BCDC and Cal EPA know that Richmond has a legacy of contaminated soil, and that sea level rise will create new health hazards.Soil Contamination
Example: Sea level rise alone at the Liquid Gold Superfund site
Example: Sea level rise alone at the Liquid Gold Superfund site
Example: Sea level rise alone at the Liquid Gold Superfund site
Example: Sea level rise alone at the Liquid Gold Superfund site
ROTTERDAM, NETHERLANDS –Water Plan 2.0 (2009)
What is “shallow groundwater”?
SALTWATER
FRESHWATER
Groundwater comes from two directions –from rain on land, and from the ocean. The fresh groundwater floats on top of the saltwater, even underground, because it’s lighter. Tides can raise the groundwater near the shore, but groundwater moves more slowly because of friction with the soil.
Saturated zone (Groundwater)
Unsaturated zone
Pore spaces in soil
“the water table”
Shallow groundwaterThe “water table” refers to the shallowest layer of that water, which often lies just below the surface of the soil.
Source: American Public Works Association
Groundwater infiltration into a storm or sanitary sewer pipe
TODAYShallow groundwater sits on top of salty groundwater, which is like the “toe” of the ocean poking into the land underground.
1 Foot of sea level / groundwater riseRising groundwater can enter sewer pipes and create higher flows in creeks –even if a levee was built at the shoreline. Shallow water under roads increases maintenance costs by reducing pavement durability.Page 751 of 778 2 Feet of sea level / groundwater riseGroundwater can come up into contaminated soils, causing the contaminants to move on or in the groundwater . It can even change directions of flow.
3+ Feet of groundwater riseEventually flooding emerges at the surface, but by then, most of the impacts have already occurred that will affect land value.
January 2021 King Tide, San Leandro
Where is Richmond most vulnerableto rising groundwater?
Old riverbeds –shown here in dark pink -run under Richmond like fingers on a hand that extends from the hills to the Bay.Gravels in those old riverbeds allow groundwater to flow through faster, which can make the water table higher where the “fingers” meet the urban fill at the shoreline.That’s why land parcels at the end of the fingers are more vulnerable to rising groundwater, with those higher groundwater flows coming down from the hills.
Contamination in soilCan move around when groundwaterrises into it from below
Street addresses of contaminated sites over shallow, rising groundwater (0 to 6.6 feet deep today) Hill and Lindquist 2023Richmond has a lot of parcels with old contaminationin the soil, sitting on top of shallow groundwater (in blue).Page 761 of 778 South shoreline case study(UC Berkeley, 2020-2023)Changing groundwater levels can change the flow directions of contaminants underground
LIQUID GOLD SUPERFUND SITE:Low resolution USGSgroundwater map
PROJECTING FLOWDIRECTIONS FORCONTAMINANTS UNDERGROUND
LIQUID GOLD SUPERFUND SITEHigh resolution DTSCgroundwater map,in a dry year (2009)
PROJECTING FLOWDIRECTIONS FORCONTAMINANTS UNDERGROUND
PROJECTING FLOWDIRECTIONS FORCONTAMINANTS UNDERGROUND
LIQUID GOLD SUPERFUND SITEHigh resolution DTSCgroundwater map,in a wet year (2008)
Flow directions projected frommonitoring wells, using low-resolutionUSGS groundwater contours (2020)
Flow directions projected frommonitoring wells using high-resolutionDTSC groundwater contours (2019)
Liquefaction Extreme shaking in an earthquake can beworsened by high groundwater in artificial fill soilsSafe building foundations are more expensive where the risk of liquefaction is higher.
Richmond, CASoils prone to extremeshaking in an earthquake.Rising groundwater canexacerbate this problem.USGS (2006)
Impacts on Richmond from a rising sea level and rising shallow groundwater:1.Underground pipes will be compromised (infiltration causes problems with storm sewers and sanitary sewers, which require more maintenance)2.Increases risks of extreme earthquake shaking (liquefaction) on fill and former wetland soils3.Increases probability of tidal inundation at contaminated sites4.Increases likelihood that contamination underground will move towards sewer lines, potentially affecting people in buildings, as well as towards the Bay5.As groundwater becomes more saline, the risk of foundation failures increases 6.Pavements will degrade faster over shallow groundwater, requiring more maintenance7.Eventually, the risk of flooding at the surface increases. Levees or cut-off walls can increase the rate at which groundwater rises on the landward side. Pumping can increase the rate at which the land sinks, which happened in New Orleans.
In summary, there are major risks to human health, the environment, infrastructure… and to the property tax base for coastal cities,as well as to a city’s bond rating.
Debt repayment period
Useful life of the asset
Years. 51015202530
= Lost adaptationcapacity
?
Question: How to protect safety, support quality of life and conserve the value of public/private assets as these now unavoidable changes occur? Step 1: Start comparing the functional period of new infrastructure investments to their repayment period –this is critical, to avoid being stuck with useless debt.Step 2: Make an Adaptation Plan: identify adaptation pathways for adding new development in the safest locations while transitioning away from conventional development in dangerous areas (consider Dutch-style housing precedents)Step 3: Prepare for groundwater to rise at contaminated sites
PLANBUILDUSE
Effective adaptation takes time, and the right time to start is now.
PLANBUILDUSE
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