May 16, 2023 Page 1 of 5
Public Works
DATE: May 16, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Daniel Chavarria, PE, Director of Public Works
Lina Velasco, Director of Community Development
SUBJECT:
Contract With Wiss, Janney, Elstner Associates, Inc.
FINANCIAL IMPACT: Total amount will not exceed $247,000. An estimated $180,000 of the contract will fund Pt. Molate related
restoration and will be paid using account string
01917090-400201-PM902. Restoration of the Cafeteria
Building/Port-related work is estimated in the amount of $67,000 and will be paid using account string 40163080- 400201-36004.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Winehaven Historic District and Shipyard No. 3
Historic District have several vacant structures, including damaged and deteriorated structural and enclosure
components. City staff is seeking architectural and
structural consulting services for evaluation and
stabilization of the buildings at these two sites.
RECOMMENDED ACTION:
APPROVE a sole-source contract with Wiss, Janney,
Elstner Associates, Inc. (WJE), in an amount not to
exceed $247,000 (approximately $180,000 for Pt. Molate
and the remaining $67,000 for the Cafeteria building), for a term beginning May 24, 2023, through June 30, 2024,
to provide architectural and structural consulting services for evaluation and stabilization of certain buildings that are part of the Winehaven and Shipyard No. 3 Historic
Districts – Public Works Department (Dave Aleshire 510- AGENDA
REPORT
May 16, 2023 Page 2 of 5
620-6509/Daniel Chavarria 510-620-5478/Lina Velasco
510-620-6841).
DISCUSSION:
The Winehaven Historic District and Shipyard No. 3 Historic District have several vacant structures. City staff has observed damaged and deteriorated structural and enclosure components to these structures. To repair these issues, City staff is seeking approval of a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE) to continue their work previously done at the subject sites. The proposed contract will be for an amount not to exceed $247,000, with a term beginning May 24, 2023 through June 30, 2024. Based on conversations with the consultant team at WJE, approximately $180,000 will be spent on Pt. Molate and the remaining balance of $67,000 on the Cafeteria Building.
Project Objectives
Except for the Fire Station, the buildings at both sites are vacant and their building enclosure materials are generally deteriorated and are damaged in numerous locations, allowing water and animal intrusion and continued deterioration of historic materials.
The overall goals of this project are as follows:
Investigation
Assess the condition of the buildings at the two sites, focusing on their structure and building enclosures.
Determine what temporary shoring, structural, and enclosure repairs are recommended to mitigate the further deterioration of these buildings for a period of approximately five years (or possibly longer for the Cafeteria building).
Construction Documents
Design the recommended repairs and prepare Construction Documents suitable for obtaining construction permits and publicly bidding the projects.
Construction Period Services
Assist in the selection of contractors and perform Construction Administration during the installation of the repairs to stabilize the buildings and mitigate further deterioration.
Additional Background
Threats and litigation have had much to do with the fate of the Winehaven Historic District, registered under the National Register as well as the Richmond Historic Preservation Ordinance. Federal litigation with Upstream and the Tribe resulted in an Amended Federal Judgment which gave first the City five years to find a developer, and then five years for the Upstream/Tribe entity. When the City’s efforts ended with May 16, 2023 Page 3 of 5
litigation with the then developer (Winehaven, LLC), per the Amended Judgment, the development parcels were transferred to the Upstream/Tribe entity, but the City retained the obligation to maintain the property under the Amended Judgment. The development plan had incorporated the restoration and rehabilitation of the structures in the Historic District by the developer, and the development entities the Upstream/Tribe has been talking to, still plan on this as a part of the projects they are considering. The City, assuming that the future developer would deal with the long-term issues, has put minimal effort into the repair and updating of the structures.
The condition of the structures has been assessed at various times and the structures have continued to deteriorate as noted in multiple reports (Attachments 3 and 4). City staff had previously contacted WJE, a qualified consultant with previous experience in assessing the site, and were working on revisions to their proposal.
The City recently requested that WJE update their proposal to phase the project, and to include flexibility to establish and revise the scope of services for future phases as the project progresses and evolves. A primary goal of this approach is to accelerate the schedule for the first phase (which is to address the cottage reroofing), so that construction can begin on some of the highest priority items while further investigation of other conditions and buildings continues. The first phase will be followed by subsequent phases that continue to address conditions in a manner that will offer the greatest value in stabilizing the buildings and protecting them from further deterioration and damage. Due to the uncertainty associated with the overall project scope and phasing, amendments to this contract may be necessary as the project progresses.
In the midst of this effort, a nonprofit, the Winehaven Trust prepared a lawsuit for violations of the Richmond Municipal Code and an injunction to be sought against the Upstream/Tribe entity and the City. Discussion with the City Attorney has led to the litigation being held in abeyance if the City could prioritize and proceed with some of the critical restoration and preservation work, including the first phase involving the roofs of the cottages. The Richmond Historic Preservation Ordinance makes the demolition of an historic resource by action or failure to act (demolition by neglect) a misdemeanor and provides the further remedy of obtaining an injunction ordering the owner or any responsible party to restore the property. While the City’s desire to have the future developer take on this responsibility was not unreasonable at the time—given the lengthening time frame of finding a developer, the City Attorney has opined that the continuing deterioration of the historic resources makes it incumbent on the City to enact a program to begin restoration and arrest the “demolition by neglect” claim in the lawsuit. If City resources are to be devoted to this, it is better they be spent on the historic resources rather than litigation.
Previous Work Completed by WJE
The Cafeteria Building was constructed at Richmond Shipyard No. 3 in 1943 and is a contributing resource within the Richmond Shipyard No. 3 Historic District. Available original construction documents indicate that the building’s use and floor plan were revised multiple times, unlike most of the other buildings at the shipyard. The one-story May 16, 2023 Page 4 of 5
wood-framed building is clad with painted wood siding and has gravel-surfaced bituminous low-slope roofing.
WJE previously documented the Cafeteria Building as part of a Historic Structures Report for the overall Richmond Shipyard No. 3. The proposed Scope of work will update that conditions assessment completed in 2013.
In July 2010, WJE was engaged by the City of Richmond to perform an emergency stabilization assessment of seven buildings (Buildings 1, 6, 10, 13, 17, 60, and 63) at the Winehaven National Historic District. The purpose of that assessment was to identify conditions that pose an immediate hazard of collapse. WJE prepared a report dated July 20, 2010, describing their findings from that investigation (see Attachment 3).
In 2011, the City of Richmond engaged Plant Construction to perform emergency stabilization based on the recommendations described in the July 2010 WJE report.
WJE was engaged by Plant Construction to provide engineering services to design the stabilization. This work was completed circa August 2011.
Since the emergency stabilization work was limited to those conditions that were observed to be hazardous at the time of the previous site observations, and since the stabilization work was not intended to include protection of the building from weather, further deterioration of portions of the building that had not been stabilized was likely. As a result, the City of Richmond, engaged WJE to conduct follow-up inspections of the buildings to assess whether any significant further deterioration had occurred and whether additional stabilization would be needed. This report was completed in 2012 (see Attachment 4).
The proposed scope of work would also expand upon the previously completed work to include the following buildings: 28 cottages (buildings 31 through 54 and 56 through 59), a Winemaster’s House (building 60), and a Fire Station (building 63). The buildings were originally constructed in multiple periods between 1910 and 1919, with some buildings including more recent additions and modifications. The buildings are contributing resources located within the larger Winehaven Historic District. The buildings are typically constructed of wood framed walls and roofs with concrete foundations. The building enclosure of the cottages and Winemaster’s House include stucco and painted wood siding, composite shingle roofing and wood gutters. There may be wood shingles under the stucco.
The Fire Station enclosure is constructed of corrugated metal siding, composite shingle, and low-slope built-up roofing. The Fire Station is currently leased, while the other buildings have been vacant since the Navy’s departure in 1995.
CONCLUSION:
The requested contract and scope of services will assist the City in developing a repair plan for these historic structures to mitigate the further deterioration of these buildings and ensure there is no significant loss of integrity of these historic structures while rehabilitation of these structures can take place.
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DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Sole Source
Attachment 3 – Winehaven National Register Historic District 2010 Emergency Stabilization Assessment
Attachment 4 – Winehaven National Register Historic District 2012 Annual Condition Assessment