Attachment 1 - Contract and Sole Source RRM Corp Yard 12 28 22.pdf

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Manager's Office
Project Manager E-mail:

[email protected]
PR No: Vendor No:5982
Project Manager: MURRAY, Craig K. , SR/WA
Project Manager Phone No:
(510)307-8188
P.O./Contract No:

Description of Services:

Corporation Yard Environmental 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: Remediation Risk Management, Inc. (RRM)
Street Address: 2560 Soquel Avenue, Suite 202
City, State, Zip Code: Santa Cruz, CA 95062
Contact Person: Robert Giattino
Telephone: (831) 227-4898Email: [email protected]

2. 3.

4. 5.

Business License No: 40009127/ Expiration Date: December 31 , 2023 A California !•! corporation,!_jlimited^liability corporation || general partnership,?^ limited partnership, II individual, || non-profit corporation, individual dba as [specify:]
I other [specify:]
Term. The effective date of this Contract is July 1 ,2022 and it terminates June 30, 2025 unless terminated as provided herein.

Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 182,446 . 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.

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.

City's Obliflations. 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
a municipal corporation
By:

Title:

I hereby certify that this Contract
has been approved by City Council.

By:

CONTRACTOR:

Remediation Risk Management, Inc. (RRM)
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:

Title:

Date Signed:

City Clerk
Approved as to form:

By:
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
By:.

Title:

City Attorney
Date Signed!
LIST OF ATTACHMENTS:

Service Plan
Payment Provisions
Authorized Representatives and Notices
General Conditions
Special Conditions
Insurance Provisions
Standard Contract/EJ/TE 9-26-07
(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.

Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
For the Contract between the City of
Richmond and
Remediation Risk Management, Inc. (RRM)

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the pr°Ject Mana9er , perform the following services and be compensated as outlined below:

See enclosed RRM proposal dated May 24, 2022.

May 24, 2022
Craig K. Murray, SR/WA
Development Project Manager 11
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804-1630
Re: Scope and Budget for 2022/2023, 2023/2024, 2024/2025 Dear Mr. Murray:

This letter, prepared by RRM, Inc. (RRM) presents the scope and budget for the fiscal years 2022/2023, 2023/2024, and 2024/2025.

FISCAL YEAR 2022/2023
The general scope of work for 2022/2023 includes semi-annual groundwater and soil gas monitoring and reporting for five (5) Site groundwater monitoring wells and eight (8) soil gas wells. In addition, RRM proposes to address requirements issued by San Francisco Bay Water Quality Control Board (SFRWQCB) staff letters dated January 12, 2022 and October 8, 2021. Tasks are outlined below.

Groundwater Monitoring
Pre-Field Preparation
RRM will verify sampling and analytical methods for the event, liaison with the lab to obtain proper sample containers, calibrate instruments, and begin preparation of the chain of custody. Site and regulatory notifications and review of the site health and safety plan will also occur.

Depth to Groundwater Measurement
Once groundwater monitoring wells are located and opened, the areas will be cleared for monitoring, a technician will measure depth to separate phase hydrocarbons and groundwater at all wells. Instruments will be cleaned via triple rinsed with Alconox® detergent between measurements.

Groundwater Sampling
At each groundwater well, groundwaterwill be purged using a submersible pump or clean disposable bailer and sample using a clean disposable bailer. The sample will be decanted into a proper container, labeled, and stored in cooler with ice for transport. The purge pump will be cleaned via triple rinsing with Alconox® detergent for use at next well. Purged groundwater will be stored on-site in appropriately marked 55-gallon drums for prompt pickup and disposal by a licensed disposal contractor as non- hazardous waste.
2560 SOQUEL AVENUE, SUITE 202 / SANTA CRUZ, CALIFORNIA 95062 / TEL: 831.475.8141 / FAX: 831.475.8249 Scope and Budget for 2022/2023, 2023/2024, 2024/2025
May 24,2022 Page 2
After sampling, work areas will be restored, purge water storage will be secured, and chain of custody documentation for the groundwater samples will be completed.

Groundwater Sample Analysis
Samples will be transported to a State-Certified laboratory for analyses by U.S. Environmental Protection Agency (EPA) Method 8260B for the presence of gasoline range total petroleum hydrocarbons (TPHg); benzene, toluene, ethyl benzene, and xylenes (collectively BTEX); naphthalene; and methyl tertiary butyl ether (MtBE). Groundwater samples from Well MW-2 are also analyzed for kerosene and diesel range total petroleum hydrocarbons using EPA Method 80158/fuel fingerprint. RRM will receive the certified analytical results and review against past data to assess data quality.

Estimated Cost
The estimated cost for two (2) semiannual groundwater monitoring events for each fiscal year is $9,327 per fiscal year.

Soil Gas Monitoring
After pre-field preparation for soil gas monitoring (similar to that for groundwater monitoring), a technician will purge and sample four (4) soil gas wells and four (4) vapor pins. Samples will be contained in 1.4-liter Summa sample canisters and six-liter Summa canisters will be used to purge wells. A clean canister manifold equipped with a critical orifice, filter, canister vacuum pressure gauge, and a well vacuum pressure gauge will be provided by RRM. RRM will also provide leak detection using a helium-filled shroud that encompasses the canister manifold, canisters, and well.

After sample collection, samples will be labeled in the field and placed in a cooler with chain of custody documentation. Samples will be transported to a State-Certified laboratory for analyses by USEPA Modified Method TO-15 (volatile organic compounds [VOCs]), USEPA Method TO-3 Modified (TPHg), and ASTM Modified D-1946 (fixed gases and helium). RRM will receive the certified analytical results and review against past data to assess data quality.

Cost
The estimated cost for two (2) semiannual soil gas monitoring events for each of the fiscal year is $11,920 per fiscal year.

Groundwater and Soil Gas Monitoring Reporting
For each semiannual groundwater and soil gas monitoring event, RRM will prepare a report documenting background information, groundwater monitoring methods, results, data reduction, conclusions, and recommendations. Each report will include groundwater elevation and concentration maps, a soil gas concentration map, tabulated and graphical data summaries, field data sheets, and certified analytical reports. The reports will be uploaded to Geotracker along with electronic data files.

The estimated cost for semiannual groundwater and soil gas monitoring reporting for each fiscal year is $12,098 per year (two [2] reports each fiscal year).
proposal 2022.docx
Scope and Budget for 2022/2023, 2023/2024, 2024/2025
May 24,2022 Page 3
Respond to SFRWQCB Staff Letters Dated October 8,2021 and January 12,2022 In their letters the SERWQCB requested that the City of Richmond submit two reports, one relating to the underground storage tank case and one related to the occurrence of tetrachloroethylene (PCE) in soil gas beneath the Site (also known as Solvent case). The requests have common elements with variations to address either the UST case or the PCE (solvent) case.

For the LIST case, the SFRWQCB indicated the report should include:
• A complete Low Threat Closure Policy (LTCP) evaluation of General Criteria and Media-Specific Criteria.
• An update to the Conceptual Site Model (CSM) by collecting groundwater, soil vapor and soil data.
• Addressing the secondary source.
• Sampling methods, analytical methods, groundwater and soil gas isoconcentration maps, and Site maps showing sampling locations.

For the PCE (solvent) case, the report should include:
• An update to the CSM.
• A case evaluation in accordance with the 2009 Assessment Tool for Closure of Low-Threat Chlorinated Solvent Sites.
• An analysis for PCE and associated daughter products in indoor and outdoor air samples using detections limits below their applicable ESLs (based on initial data, limit future analyses and SIMS for lower MDLs).
• Sampling methods, analytical methods, soil gas isoconcentration maps for PCE and daughter products, and Site maps showing sampling locations.
• Conclusions and recommendations.

At this point, it appears the SFRWQCB's position is that more data is necessary. For example they state that the City of Richmond should address the secondary source of the petroleum hydrocarbon contamination. Our current position is that the soil excavation during LIST removal, and the ensuing years of natural attenuation have addressed the secondary source. The LTCP guidance states:
"Secondary source" is defined as petroleum-impacted soil or groundwater located at or immediately beneath the point of release from the primary source. Unless site attributes prevent secondary source removal (e.g. physical or infrastructural constraints exist whose removal or relocation would be technically or economically infeasible), petroleum-release sites are required to undergo secondary source removal to the extent practicable as described herein. "To the extent practicable" means implementing a cost- effective corrective action which removes or destroys-in-place the most readily recoverable fraction of source-area mass. It is expected that most secondary mass removal efforts will be completed in one year or less. Following removal or destruction of the secondary source, additional removal or active proposal 2022.docx
Scope and Budget for 2022/2023, 2023/2024, 2024/2025
May 24,2022 Page 4
remedial actions shall not be required by regulatory agencies unless (1) necessary to abate a demonstrated threat to human health or (2) the groundwater plume does not meet the definition of low threat as described in this policy.

RRM would argue that we have addressed the secondary source. The SFRWQCB also states: "Updating the conceptual site model by collecting groundwater, soil vapor, and soil data." This infers more field data is necessary to complete the CSM - but how do we know that without completing the CSM and identifying data gaps for closure. The SFRWQCB also infers that more soil gas and indoor air data are necessary - "Analyzing for PCE and associated daughter products in indoor and outdoor air samples using detections limits below their applicable ESLs." A statistical approach to data analysis for soil gas data is reasonable (and recommended by the DTSC and EPA) because of the variability of soil gas data.

RRM contacted SFRWQCB staff regarding their requests and proposed combining the two reports into a single report. We explained that we would rather look at the whole site instead of pieces (UST case and PCE case)because they are interlinked with the site and do not act independently, and it's less expensive to provide one report. RRM proposed an alternate report that would:
• Provide an updated CSM that includes iso-concentrations maps of the contaminants of concern in groundwater and soil vapor, and site and sampling location maps. • Provide a LTCP evaluation of General Criteria and Media-Specific Criteria based on the CSM and relevant data.
• Provide a solvent (PCE) case evaluation in accordance with the 2009 Assessment Tool for Closure of Low-Threat Chlorinated Solvent Sites based on the CSM and relevant data. • Identify data gaps in the CSM, LTCP evaluation, and low-threat PCE case evaluation, thereby providing conclusions.
• Provide a work scope to close the data gaps, thereby proposing recommendations.

It is not known what data gaps will be revealed or what the associated recommendations would be, but as we indicate above, it appears the SFRWQCB's position is that more data is necessary. Our review at this time suggests that soil sampling will be necessary to determine naphthalene concentrations at the Site and close any gaps in the delineation of soil impact, and soil gas sampling may be necessary to close any gaps in the delineation of soil gas impact.

Estimated Cost
To address the SFRWQCB requests, RRM proposes to submit one report as outlined above. RRM discussed the proposed report with SFRWQCB staff, and they agreed to the proposal in lieu of two separate reports. The estimated cost to complete and submit the report is $ 14,155.

Regarding the potential for additional soil and soil gas sampling, RRM proposes to install four (4) soil borings and sample soil to determine naphthalene concentrations in soil (necessary for LTCP) and complete delineation of soil impact. For soil gas, RRM proposes installing up to six (6) temporary sample probes and sample soil gas to complete delineation of soil gas impact. The data from any soil and soil proposal 2022.docx
Scope and Budget for 2022/2023, 2023/2024, 2024/2025
May 24,2022 Page 5
gas sampling would be presented in the semiannual groundwater and soil gas monitoring report. The estimated cost to complete soil sampling, soil gas sampling and reporting is $25,920.

The report would be submitted during the second half of 2022 and once approved, soil and soil sampling would follow.

General Project Management and Consulting
This includes budgeting, scheduling, liaison with the SFRWQCB and other stakeholders, project maintenance, and general consulting.

The estimated cost for annual project management and consulting is $1,176 per fiscal year.

FISCAL YEARS 2023/2024 AND 2024/2025
For fiscal years 2023/2024 and 2024/2025, the proposed scope of work will only include semiannual groundwater monitoring and sampling, semiannual soil gas sampling, semiannual reporting, and general project management and consulting, and the estimated costs for 2023/2024 and 2024/2025 are $47,457 per fiscal year.

CLOSE
The total estimated cost for fiscal year 2022/2023 is $87,532, and the total estimated cost for fiscal years 2023/2024 and 2024/2025 is $47,457 per fiscal year. The scope of work for each was provided above along with the estimated costs. A summary of estimated costs and related details are provided in Attachment A.

Should you have any questions or comments regarding the contents of this letter, please call me at (831)475-8141.

Sincerely,
RRM, Inc.
^
Robert Giattino
Vice President,
Attachments:

Attachment A Cost Estimate Details
proposal 2022.docx

COST ESTIMATE SUMMARY AND DETAILS
Client: City of Richmond
1401 Marina Way South
Richmond, California
Project: Three Year Projection
City of Richmond Corporation Yard
613th Street. Richmond
Proj.No. FA465
Task Order
Task List Year 2022/2023
Task 1 Semlannual Groundwater Monitoring$9,327
Task 2 Semiannual Soil Gas Sampling$11,920
Task 3 Groundwater and Soil Gas Monitoring Report$12,098 Task 4 Conceptual Site Model Report$14,155
Task 5 Soil and Soil Gas Sampling and Report$25,920
Task6 Annual ProjectManagementand General Consulting$14,112 TaskUnitUnit Cost
Number of
Units Total
semiannual$4,664$9,327
semlannual$5,960$11,920
semiannual$6,049$12,098
task$14,155$14,155
task$25,920$25,920
month$1,17612$14,112
Total$87,532
three year projectbn.xlsx1of7
Task 1 Semiannual Groundwater Monitoring

LABORS EQUIPMENT
Current

0.00 2.00

0.00 0.00

8.00 0.00

12.00 0.00

1.00 140.00

1.00 1.00

6.00 2.00

1.00 5.00

1.00 0.00
Total

0.00 Hrs

2.00 Hrs

0.00 Hrs

8.00 Hrs

0.00 Hrs

12.00 Hrs

0.00 Hrs

1.00 Hrs
140.00 Miles

1.00 Day

6.00 Each

2.00 Each

1.00 Each

5.00 Each

1.00 Each

0.00 Each
Description
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Electric submersible purge pump
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gal Drum
Small Materials
SUBCONT. & MATERIALS (10 % markup)
Full UstEPA 8260
Waste Disposal
Item
Rate
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$60
$25
$40
$40
$15
$80
$40
$175
$650
$1
Total
$0
$284
$0
$0
$944
$0
$1,128
$0
$70
$105
$60
$25
$40
$40
$90
$160
$40
$963
$715
JO
Total
Task 2 Semlannual Soil Gas Sampling
Current

1.00 2.00

0.00 0,00

0.00 5.00

15.00 0.00

2.00 140.00

1.00 0.00

0.00 three year prqectfon.xlsx
Total
1,00 Hrs

2.00 Mrs

0.00 Hrs

0.00 Mrs

0.00 Hrs

5.00 Hrs

15.00 Hrs

0.00 Hrs

2.00 Hrs
140.00 Miles

1.00 Day

0.00 Day

LABOR & EQUIPMENT
Description
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Senior Field Technician
Drafter
Clerical
Support Truck
Small Equipment

PID/OVA
Water Level Indicator
2 of 7
Rate
$165
$142
$142
$142
$118
$118
$111
$87
$70
$0.75
$100
$25
$40
Total
$165
$284
$0
$0
$0
$590
$1,665
$0
$140
$105
$100
$0
$0

0.00 1.00

1.00 0.00

8.00 8.00

8.00 0.00

0.00 0.00 Day

1.00 Each

0.00 Each

8.00 Each

0.00 Each

0.00 Job
Hydac/Cond/pHfTemp
Soil Gas Train/Srhoud
Tracer Kit
55-gal Drum
SUBCONT. & MATERIALS (10% markup)
TO-15(FulUlstVOCs)
TO-3 (TPHg)
ASTM D-1946 (Fixed gases)
Item
item
$40
$15
$80
$40
$130
$90
$100
$1
$1
$0
$15
$80
$0
$1,144
$792
$880
$0
$0
Total $5,960
three year prqect'ion.xisx 3 of 7
Task 3 Groundwater and Soil Gas Monitoring Report

LABORS EQUIPMENT
Curt'ent Total Description Rate Total

5.00 16.00

0.00 0.00

20.00 0.00

0.00 6.00

1.00 0.00

0.00 0.00

5.00 Mrs

16.00 Mrs

0.00 Hrs

20.00 Mrs

0.00 Hrs

0.00 Mrs

6.00 Hrs

1.00 Hrs

0.00 Miles

0.00 Day

0.00 Each

0.00 Job

0.00 Job
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gai Drum
Small Materials
SUBCONT. & MATERIALS (10% markup)
Item
Item
Item
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$60
$25
$40
$40
$15
$825
$2,272
$0
$0
$2,360
$0
$0
$522
$70
$0
$0
$0
$0
$1
$1 $0
Total $6,049
three year projection, xlsx 4 of 7
Task 4 Conceptual Site Model Report
Current

5.00 24.00

50.00 0.00

5.00 0.00

0.00 16.00

12.00 0.00

0.00 0.00

0.00 Total

5.00 Mrs

24.00 Mrs

50.00 Mrs

0.00 Hrs

5.00 Mrs

0.00 Mrs

16.00 Hrs

12.00 Mrs

0.00 Miles

0.00 Day

0.00 Each

0.00 Each
0,00 Each

0.00 Day

0.00 Each

IABOR& EQUIPMENT
Description
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Gailer
55-gal Drum
Tedlar Bag
SUBCONT. & MATERIALS (10% markup)
Well materials
Concrete Core
Waste Disposal
Rate
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$80
$60
$25
$40
$40
$15
$80
$30
$200
$800
$300
Total
$825
$3,408
$7,100
$0
$590
$0
$0
$1,392
$840
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total$14,155
three year prqectkOT.xlsx5 of 7
Task 5 Soil and Soil Gas Sampling and Report

IABOR& EQUIPMENT
Current Total Description Rate Total

5.00 40.00

32.00 0.00

15.00 10.00

6.00 280.00

2.00 2.00

2.00 0.00

0.00 0.00

2.00 0.00

5.00 Mrs

40.00 Hrs

32.00 Hrs

0.00 Hrs

32.00 Mrs

0.00 Hrs

15.00 Hrs

10.00 Hrs

6.00 Hrs
280.00 Miles

2.00 Day

0.00 Day

0.00 Each

2.00 Each

0.00 Each
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologlst
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-ga! Drum
Tedlar Bag
$165
$142
$142
$142
$118
$118
$94
$70
$0.75
$80
$60
$25
$40
$825
$5,680
$4,544
$0
$3,776
$0
$1,410
$420
$210
$160
$120
$50
$15
$30
$0
$160

1.00 1.00

6.00 6.00

6.00 3.00

5.00 1.00 Each

1.00 Day

6.00 Each

6.00 Job

3.00 Job

5.00 Job
SUBCONT. & MATERIALS (10% markup)
Waste Disposal $400
Driller $3,500
TO-15 (Full list VOCs)-soil gas $130
TO-3 (TPHg) - soil gas $90
ASTM D-1946 (Fixed gases) $100
Full List EPA 8260 - water $100
Full UstEPA 8260-soil $175
$440
$3,850
$858
$594
$660
$330
$963
Total $25,920
three year projectfcin.xisx 6 of 7
Task 6 Annual Project Management and General Consulting

LABOR & EQUIPMENT
Current Total DescriptionRateTotal

4.00 0.00

0.00 0.00

2.00 0.00

0.00 0.00

4.00 0.00

0.00 0.00

4.00 Hrs

0.00 Hrs

2.00 Mrs

0.00 Hrs

4.00 Mrs

0.00 Miles

0.00 Day

0.00 Each

0.00 Job
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gal Drum
SUBCONT. & MATERIALS (10% markup)
Item
Item
Item
$165
$142
$142
$142
$118
$118
$70
$0.75
$25
$40
$40
$15
$236
$0
$0
$1
$1
Total$1,176
three year projectfon.xisx7 of 7
Client: City of Richmond
1401 Marina Way South
Richmond, California
Project: Three Year Projection
City of Richmond Corporation Yard
613th Street, Richmond
Proj. No. FA465
Task Order
Task List Years 2023/2024 and 2024/2025
Task 1 Sem [annual Groundwater Monitoring $9,327
Task 2 Semlamual Soil Gas Sampling $11,920
Task 3 Groundwater and Soil Gas Monitoring Report $6,049 Task 4 Conceptual Site Model Report $14,155
Task 5 Soil and Soil Gas Sampling and Report $25,920
Task 6 Annual Project Management and General Consulting $14,112 Task Unit Unit Cost
Number of
Units Total
semi annual $4,664 $9,327
semiannual $5,960 $11,920
semiannual $12,098
task $14,155
task $25,920
month 1,176 12 $14,112
Total $47,457
three year prqectbn.xlsx 1of7
Task 1 Semlannual Groundwater Monitoring

LABORS EQUIPMENT
Current

0.00 2.00

0.00 0.00

8.00 0.00

12.00 0.00

1.00 140.00

1.00 1.00

6.00 2.00

1.00 5.00

1.00 0.00
Total

0.00 Hrs

2.00 Hrs

0.00 Hrs

8.00 Hrs

0.00 Mrs

12.00 Mrs

0.00 Mrs

1.00 Hrs
140.00 Miles

1.00 Day

6.00 Each

2.00 Each

1.00 Each

5.00 Each

1.00 Each

0.00 Each
Description
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologlst
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Electric submersible purge pump
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gal Drum
Small Materials
SUBCONT. & MATERIALS (10 % markup)
Full UstEPA 8260
Waste Disposal
Item
Rate
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$60
$25
$40
$40
$15
$80
$40
$175
$650
$1
Total
$0
$284
$0
$0
$944
$0
$1,128
$0
$70
$105
$60
$25
$40
$40
$90
$160
$40
$963
$715
$0
Total$4,664
Task 2 Semlannual Soil Gas Sampling
Current

1.00 2.00

0.00 0.00

0.00 5.00

15.00 0.00

2.00 140.00

1.00 0.00

0.00 three year pTpjectKn.xlsx
Total

1.00 Hrs

2.00 Hrs

0.00 Mrs

0.00 Hrs

5.00 Hrs

15.00 Hrs

0.00 Mrs

2.00 Hrs
140.00 Miles

1.00 Day

0.00 Day

LABORS EQUIPMENT
Description
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Senior Field Technician
Drafter
Clerical
.Support Truck
Small Equipment

PID/OVA
Water Level Indicator
2 of 7
RateTotal
$165
$142
$142
$142
$118
$111
$70
$0.75
$100
$25
$165
$284
$0
$0
$590
$1,665
$140
$105
$100
$0

0.00 1.00

1.00 0.00

8.00 8.00

8.00 0.00

0.00 0.00 Day

1.00 Each

0.00 Each

8.00 Each

0.00 Each

0.00 Job
H ydac/Cond/pH/Tem p
Soil Gas Train/Srhoud
Tracer Kit
55-gal Drum
SUBCONT. & MATERIALS (10% markup)
TO-15(FulllistVOCs)
TO-3 (TPHg)
ASTMD-1946 (Fixed gases)
Item
item
$40 $0
$15 $15
$80 $80
$40 $0
$130 $1,144
$90 $792
$100 $880
$1 $0
$1 $0
Total $5,960
three year prqectioaxisx 3 Of7
Task 3 Groundwater and Soil Gas Monitoring Report

IABOR& EQUIPMENT
Current Total DescriptionRateTotal

5.00 16.00

0.00 0.00

20.00 0.00

0.00 6.00

1.00 0.00

0.00 0.00

0.00 5.00 Mrs

16.00 Hrs

0.00 Mrs

0.00 Hrs

20.00 Hrs

0.00 Hrs

6.00 Hrs

1.00 Hrs

0.00 Miles

0.00 Day

0.00 Each

0.00 Job

0.00 Job
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologlst
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gal Drum
Small Materials
SUBCONT. & MATERIALS (10% markup)
Item
Item
Item
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$60
$25
$825
$2,272
$0
$0
$2,360
$0
$0
$522
$70
$0
$0
$0
$15
$1
$1
$1
Total$6,049
ir proiectbn.xlsx4 of 7
Task 4 Conceptual Site Model Report
-ent

5.00 24.00

50.00 0.00

5.00 0.00

0.00 16.00

12.00 0.00

0.00 0.00

0.00 0.00
Total
5,00 Hrs

24.00 Mrs

50.00 Hrs

0.00 Hrs

5.00 Hrs

0.00 Mrs

0.00 Hrs

16.00 Hrs

12.00 Mrs

0.00 Miles

0.00 Day

0.00 Each

LABORS EQUIPMENT
Description
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gal Drum
Tedlar Bag
Rate Total
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$80
$60
$25
$40
$40
$15
$80
$3,408
$7,100
$0
$590
$0
$0
$1,392
$840
$0
$0
$0
$0
$0
$0
$0
$30

0.00 0.00

0.00 0.00 Each

0.00 Day

0.00 Each
SUBCONT. & MATERIALS (10% markup)
Well materials
Concrete Core
Waste Disposal
$0
$0
$300
Total $14,155
three year projectmxlsx 5 of 7
Task 5 Soil and Soil Gas Sampling and Report

LABORS EQUIPMENT
Current Total DescriptionRateTotal

5.00 40.00

32.00 0.00

15.00 10.00

6.00 280.00

2.00 2.00

2.00 0.00

0.00 0.00

2.00 0.00

5.00 Hrs

40.00 Hrs

32.00 Mrs

0.00 Hrs

32.00 Hrs

0.00 Hrs

15.00 Hrs

10.00 Mrs

6.00 Hrs
280.00 Miles

2.00 Day

0.00 Day

0.00 Each

2.00 Each

0.00 Each
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gal Drum
Tedlar Bag
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$60
$25
$825
$5,680
$4,544
$0
$3,776
$0
$1,410
$870
$420
$210
$120
$50
$15
$30
$160

1.00 1.00

6.00 6.00

6.00 3.00

5.00 1.00 Each

1.00 Day

6.00 Each

6.00 Job

3.00 Job

5.00 Job
SUBCONT. & MATERIALS (10% markup)
Waste Disposal $400
Driller $3,500
TO-15(FulllistVOCs)-soil gas $130
TO-3 (TPHg) - soil gas $90
ASTM D-1946 (Fixed gases) $100
Full Ust EPA 8260 - water $100
Full UstEPA 8260-soil $175
$660
$330
$963
Total$25,920
three year prpject'ion.xlsx6 of 7
Task 6 Annual Project Management and General Consulting

LABOR & EQUIPMENT
Current Total Description Rate Total

4.00 0.00

0.00 0.00

2.00 0.00

0.00 0.00

4.00 0.00

0.00 0.00

4.00 Mrs

0.00 Hrs

0.00 Mrs

2.00 Hrs

0.00 Hrs

4.00 Mrs

0.00 Miles

0.00 Day

0.00 Each

0.00 Job
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment

PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gal Drum
SUBCONT. & MATERIALS (10% markup)
Item
Item
Item
$165
$142
$142
$142
$118
$118
$94
$87
$70
$0.75
$80
$60
$25
$40
$40
$15
$0
$1
$1
J1
$0
$0
$0
$0
$0
$0
$0
$0
$0
1,176Total
three year projectton.xtsx 7 of 7
For the Contract between the City of
Richmond and
Remediation Risk Management, Inc. (RRM)

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY

MANAGER)

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

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

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

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: MURRAY, Craig K., SR/WADepartment: City Manager's Office PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, MURRAY, Craig K., SR/\ before payments shall be authorized.

5. The City will pay invoice(s) within 45 days after completion of services to the City's satisfaction. The City shall not pay late fees or interest.

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

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

For the Contract between the City of
Richmond and
Remediation Risk Management, Inc. (RRM)

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:

MURRAY, Craig K. , SR/WA
City of Richmond
450 Civic Center Drive, 3rd Floor
Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

RamoHiatirtn RioL' ^/I^ananQmont Inn /RR^yl^
2560 Sequel Avenue, Suite 202
Santa Cruz, CA 95062

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, Copyriflhts and RLqhtsJa 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/EJH'E 01-19-11 1 Of 1 3
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/EJH-E 01-19-11 2 Of 1 3
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

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

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor's accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract, or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 01-19-11 3 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/EJH-E 01-19-11 4 Of 1 3
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 5 Of 1 3

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.lndemnification.
(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 6 Of 1 3
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 sen/ices 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 7 Of 1 3
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-Liabilitv 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 Subcontractinci and Assianment. 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 8 Of 1 3
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 sen/ices which, except as otherwise provided herein, Contractor shall not assign orsublet 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. Conflictinq 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. 'I

24.Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJATE 01-19-11 9 Of 1 3
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 sen/ice.

General Conditions/EJ/TE 01-19-11 10 Of 1 3

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.Governinfl 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 11 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 heet the above standard.

General Conditions/EJ/TE 01-19-11 12 Of 1 3
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.

General Conditions/EJH-E 01-19-11 13 Of 1 3
For the Contract between the City of
Richmond and
Remediation Risk Management, Inc. (RRM)

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

NONE
For the Contract between the City of
Richmond and
Remediation Risk Management, Inc. (RRM)

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 1:

Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils 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 CFTY 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
Workers' Compensation and
Employers' Liability
Minimum Limits
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:
httD://www.ci.nchmond.ca.us/index.aspx?nid=61.

Type 1 - Page 1 of 4
Revised: September 2011
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
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.)
Contractor's Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

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

PROJECT COST
$0 - $5 million
$5 million - $10 million
Over $10 million
Fireworks

REQUIRED LIMIT
$2 million p/o
$5 million p/o
$10 million p/o
$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.
$1,000,000 per occurrence for bodily injury and property damage.

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 gny 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.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating
Additional Insured Endorsement
\
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.

Applicable to General Liability Coverage. ' j
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.

Type 1 - Page 2 of 4
Revised: September 2011
. Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
Additional Insured Endorsement
(continued)
Primary and Noncontributory
Waiver of Subrogation
Endorsement Form
Deductibles and Self-Insured
Retentions
Loss Payable Endorsement (only
required when Builder's Risk
and/or Course of Construction
Insurance is required.)

SURETY BONDS
(If a Public Works/Engineering
Project)
SAMPLE Endorsements can be found at
htto://www.ci.richmond.ca.us/index.asox?nid=61
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.

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
htto://www.ci.richmond.ca.us/index.asDX?nid=61
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.

Applicable to Builder's Risk/Course of Construction naming the City of Richmond as Loss Payee.

The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
UmbrelIa/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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.

Type 1 - Page 3 of 4
Revised: September 2011
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

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

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

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

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers, Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

Type 1 - Page 4 of 4
Revised: September 2011
City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested SoIeSQurc^^
fame: Remedlatlon Risk Management, Inc. Contact Name: Robert Giattino Address: 2560 Soquel Avenue, Suite 202
City: Santa Cruz _ State: ^A_Zip Code: 35062
Phone Number C831 ) 227-4898 E-Mail [email protected]
Duration of Contract: July 1,2022 to June 30, 2025 _ ° ^ Estimated Cost: $ 182,446. Funding Source (Account String)<J^98400201_ Is the product/service IT related? Yes No ^ ____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_ No For Product: Does the manufacturer seU the item(s) through distributors? Yes_ No Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Ground Water Monitoring and Soil Gas Monitoring and Reporting in supporting a Work Plan related to the investigation of volatile organic compounds (VOCs) pollution, to evaluate related human health and environmental risks at the City of Richmond Corporation Yard and to continue work on assessment, monitoring and reporting of soil and groundwater conditions including semi-annual soil gas sampling in the City CorporationYard and seek from State of CA Water Board a Low Threat Closure for Petroleum Hydrocarbons. Contract would be for continuous work through June 30, 2025.

Sole Source Rationale; PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids, The rational must be clear and convmcing, avoiding generalities and unsupported conclusions.

Water Board requested a VOC Work Plan be developed by May 15, 2017. This Work Plan was subsequently approved with additional Soil Gas Assessment requirements In November 9, 2018 and March 8, 2019 letters. Water Board seeks further Ground Water Monitoring and Soil Gas Monitoring of the Corporation Yard Site to make a determination for a Low-Threat Underground Storage Tank Closure. Water Board suggests updating the Conceptual Site Model (CSM) by collecting groundwater, soil vapor and soil data and analyzing for PCE and asBociated daughter products in indoor and outdoor air samples using detection limits below their applicable ESLs.

Contractor has been working on environmental remediation efforts at the Corp.Yard since 2006 and has unique knowledge and prior history working with the San Francisco Bay Regional Water Quality Control Board (Water Board). Reporting Is crucial in order to avoid penalties and fines from the Water Board, Remediation Risk Management, Inc. (RRM) Is familiar with the specifics required by the Water Board and can meet the deadlines that have been imposed on the City. Selecting another firm would require them to perform the same work for additional time and cost. (If additional space Is needed, Include them In a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
Complete the following checklist
A specific contractor is the only som-ce of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The requh'ed items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service througb only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available -from more than one source, the item or serace may be treated as proprietary, but must be competitively solicited from multiple (two or more') sources [_} A specific item is needed;
To be compatible or interchangeable with existing hardware As spare or replacement hardware I_I For fhe repair or modification of existing hardware [_j Federal or state grant uames vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in mplementing a difficult maaufacturmg process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Reporting is crucial in order to avoid penalties and fines from the Water Board. Remediation Risk Management, Inc. (RRM) is familiar with the specifics required by the Water Board and can meet the deadlines that have been imposed on the City. Selecting another firm would require them to perform the same work for additional time and cost.

Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

RRM will continue to work on the petroleum hydrocarbons released from the Site's gasoline, diesel, and kerosene Underground Storage Tanks (USTs). CSM will be updated with groundwater, soil vapor and soil data. This work will include the assessment, monitoring, and reporting of soil and groundwater conditions in the City's Corporation Yard. RRM will work with City and Water Board in seeking a Low Threat Closure of the site. This contract work would run concurrently through June 30,2025.
(itaddtSonal space Is needed. Include them In a separate page) 2 [ Pa ge
I acknowledge the City's requirements for solicitmg competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review compai'able/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
^ Department: City Manager's Office _ ^ ^ \-7'L'
Requester Name and Title: crai3 K. Murray, SRAft/A, Development Project Manager 2 Note: Requester must be able to (}efend this justification.

Date: 8/8/22 Phone: 307-81 SB / ,tf
- (Sisi^y /^7t^ />ate:i/^/2L
ZE^
Submit completed form to the Purchasing Division (Prior to submission f6 City Manager) Finance Director: A_ . »s / -
t i. •- -P C <.'t L^ril
APPROVED: ^^1 Q _ DATE: _^/^/^_<L
NOT APPROVED: COMMENTS:

Department Director (Print) shasa curl, City Manager
City Manager
(Under $10,000.00)
City Clerk Attesting to Council Approval
(Over $10,000.00) (Copy of Minutes may be substituted)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the prmciples set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall mto a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements. 3 I Page

Richmond City CouncilMarch 21, 2023

Richmond City Council
March 21, 2023