Cycle 6 Selected Projects
# Agency Project Title Key Project Elements TIRCP
Funds
Awarded
Total Project Cost
1 Antelope Valley
Transit Authority
(AVTA) and
Victor Valley
Transit Agency
High Desert
Clean
Connector
Creates a new, zero‐emission commuter
transit connection between Antelope Valley
and Victorville, which is not currently served
by transit. Includes the purchase of four zero‐
emission buses that will be served by existing
charging infrastructure supporting current
zero‐emission transit operations.
$3,902,000 $5,454,000
2 Capitol Corridor
Joint Powers
Authority
(CCJPA), with City
of Sacramento,
City of Hercules,
and Santa Cruz
Metropolitan
Transit District
Capitol Corridor
Emerging
Market Access
Program
The project constructs a two‐story regional
bus and mobility hub at the Sacramento
Valley Station. Also purchases and
implements contactless EMV readers on
buses in CCJPA Thruway, SJJPA Thruway, and
Santa Cruz METRO systems.
Also includes project development activities,
with funding for design of the Hercules
station and design for the Sacramento to
Roseville Third Track Project, Phase 2 (which
will increase daily roundtrips from the three
funded in Phase 1 to ten at the end of Phase
2).
$30,871,000 $163,861,000
3 Capitol Corridor
Joint Powers
Authority (CCJPA)
Capitol
Corridor
Emerging
Market Access
Program
Funding will support planning to identify
project concepts to advance into and through
environmental review for the Link21
Megaregional Rail Program. Work will result
in a Record/Notice of Determination
(ROD/NOD) for a new transbay rail crossing
between Oakland and San Francisco, with
associated improvements elsewhere in the
area. Work is being advanced in partnership
with BART.
$11,276,000 $294,000,000
4 City of Pasadena Pasadena
Transit System
Legacy Project:
#MoreServiceLessEmissions
Purchases 40 zero-emission buses and
associated infrastructure and implements a
set of interrelated transit improvements.
Includes service optimization improvements
such as transit signal priority and other
corridor improvements, installation of fare
payment validators, and onboard passenger
amenities.
$14,424,000 $144,263,000
4261
Transit and Intercity Rail Capital Program 2023 Awards
5 City of
Richmond
Richmond
MOVES
Microtransit
The Project expands existing microtransit
services to provide service with the entire city
boundaries of the City of Richmond with zero‐
emission vehicles. In total, the applicant's
microtransit fleet will expand from 3 to a
total of 8 zero‐emission vehicles to operate
the service city‐wide.
$3,117,000 $6,235,000
6 City of Santa
Monica
Ridership
Growth,
Workforce
Development,
and Zero
Emission
Regional
Connectivity
The Project expands frequency on two high‐
performing routes and fully delivers phases 2‐
4 of the City's bus charging infrastructure
plan. This includes the implementation of a
new vehicle charging system and utility
upgrades, including construction of a charging
canopy, to support fleet electrification
efforts; and purchase up to 103 zero‐emission
buses to replace existing CNG buses (which
includes a mix of 30‐foot, 40‐foot and 60‐foot
vehicles).
$22,977,000 $147,477,000
7 City of Simi
Valley
Simi Valley
Regional Transit
Center and
Pathway to
Transition to a
Zero Emissions
Transit Fleet
The Project constructs a new transit center,
linking city bus routes with regional routes,
including to regional rail service; constructs a
park‐and‐ride lot at the proposed new transit
center; purchases 6 zero‐emission buses to
replace existing CNG buses that will allow the
applicant to operate three routes with zero‐
emission buses.
$7,053,000 $8,303,000
8 Culver City CityBus Local
Mobility
Expansion
Project
The Project implements a new transit service
using electric minibuses to serve underserved
communities and includes purchasing 5 zero‐
emission buses. Also establishes an all‐day
and late‐night micro‐transit service in the
Downtown area of Culver City and includes
procuring 5 vehicles to operate the service
$3,247,000 $3,547,000
9 High Desert
Corridor Joint
Powers Agency
(HDC JPA)
High Desert
Intercity HighSpeed Rail
Corridor
Preliminary
Engineering
Funding advances project development,
including completion of environmental
clearance and 30% preliminary
engineering. Once constructed, the project
will result in a new high speed rail
alignment between Palmdale and Victor
Valley, along with a new maintenance
facility and station in Palmdale. This will
create a connection between future
California High Speed Rail service and
planned Brightline West service to Las
Vegas, Nevada.
$8,000,000 $57,000,000
4262
Transit and Intercity Rail Capital Program 2023 Awards
10 Humboldt Transit
Authority (HTA)
with Yurok Tribe
and Redwood
Coast Transit
Authority
Expanding
Transit Service
and Growing
Zero-Emission
Fleets on
California’s
North Coast
This project deploys 4 zero‐emission buses in
Tribal and low‐income population regions,
constructs a new transit center in Crescent
City, expand existing intercity routes under a
unified Redwood Coast Express brand to
reduce transfers and increase ridership, and
accelerate statewide efforts to develop a
prototype fuel cell electric over‐the‐road
coach (procuring 1 demonstration coach)
$8,612,000 $17,591,000
11 Los Angeles
County
Metropolitan
Transportation
Authority (LA
Metro)
CORE Capacity
& System
Integration
Project
The Project includes capital, operational,
rehabilitation, and expansion (i.e., CORE)
improvements for the Metro K
(Crenshaw/LAX) Line and C (Green) Line light
rail transit (LRT) lines that are necessary to
accommodate and allow the operation of
three‐car trains, including: platform
expansion at Aviation/LAX, Douglas,
Mariposa, and Redondo Beach stations; the
addition of two new traction power
substations (TPSS); replacement of the failing
30‐year‐old Overhead Catenary System
(OCS) on Metro’s C Line; and replacement of
wooden track ties at crossovers and rail
fasteners at bridges, stations, and aerial
structures on the C Line between Redondo
Beach and Crenshaw stations.
$95,000,000 $141,700,000
12 Los Angeles
County
Metropolitan
Transportation
Authority (LA
Metro)
Eastside
Transit
Corridor Phase
2 Funding will complete project development,
including advancing to partial design, for the
locally preferred alignment of the L Line
(Gold) Eastside Corridor Extension. Once
constructed, the project will result in a 4.6mile extension of the Gold Line to Greenwood Avenue in Montebello.
$35,000,000 $47,100,000
13 North County
Transit District
(NCTD) and San
Diego Association
of Governments
(SANDAG)
San Dieguito
Bridge
Replacement,
Double Track
and Special
Events Platform
Project
Construction of Phase 2 of the San Dieguito
Double Track project. Work will include
replacement of the aging wooden trestle San
Dieguito Lagoon rail bridge, construction of a
special events platform for the Del Mar
Fairgrounds, the construction of 0.3 miles of
new main track, and siding rehabilitation/
track improvements to 0.9 miles of siding
track to create a total of 1.2 miles of new
usable double track.
$100,000,000 $230,800,000
4263
Transit and Intercity Rail Capital Program 2023 Awards
14 Orange County
Transportation
Authority
(OCTA) with Los
Angeles – San
Diego – San
Luis Obispo Rail
Corridor
(LOSSAN)
Coastal Rail
Corridor
Relocation
Study
Assesses the potential realignment of part of
an eleven‐mile segment of the LOSSAN rail
corridor to inland on the Interstate 5 freeway
or adjacent to the I‐5. The analysis will entail
further researching into the previous
environmental analysis and preliminary
design for the FRA Program Environmental
Impact Report/Statement.
$5,000,000 $5,500,000
15 Orange County
Transportation
Authority (OCTA)
Central
Mobility
Loop
The Project includes a set of interrelated
investments with five components, including:
Purchasing 33 expansion zero‐emission buses
and associated infrastructure to expand
service; Replacing 10 gas‐powered paratransit
vehicles with zero‐emission vehicles to
support an existing paratransit bus pilot
effort; Implementation of transit signal
priority along a key 12‐mile corridor;
Installation of bicycle lockers and fast
charging stations at targeted transit stations.
$39,407,000 $75,565,000
16 Riverside County
Transportation
Commission
(RCTC) with
Southern
California
Regional Rail
Authority (SCRRA)
Metrolink
Double Track
Project:
Moreno
Valley to
Perris
Reconstructs an existing and outdated freight
track, within the Metrolink 91/Perris Valley
Line (91/PVL) right‐of‐way. As the existing
track does not currently support passenger
service, this project will create a second
mainline track that will accommodate
Metrolink trains traveling at passenger train
speeds up to 79 mph, while also safely
accommodating local freight trains serving
freight rail shippers along the corridor.
$15,500,000 $34,000,000
17 Sacramento
Regional Transit
(SacRT)
Increasing
Ridership
Through
System
Enhancement
This project will replace multiple disparate
information systems, implement new
systems, create methods of communication
between all systems and create and
implement necessary integrations between
the systems on-board vehicles, the
Backoffice, in the stations, and to third party
apps which will ultimately deliver improved
and more efficient transit operations while in
parallel, enabling customer service
conveniences such as wireless service and
real-time ridership information, and ability to
use third party apps.
$8,553,000 $17,079,000
4264
Transit and Intercity Rail Capital Program 2023 Awards
18 San Diego
Metropolitan
Transit System
(MTS)
Zero Emission
Transit
Enhancements
2.0 The Project will construct a new overhead
charging system for the first 30 zero‐
emission buses based at the Kearny Mesa
Division which will maximize bus parking and
charging. and will support the applicant's
transition to a zero‐emission fleet. It will also
provide enhancements along the 18 miles of
track including grade crossing safety, new
universal interlocking crossovers and
replacement of signaling interfaces along
MTS’s Orange Line.
$60,447,000 $75,559,000
19 San Francisco
Bay Area Water
Emergency
Transportation
Authority
(WETA)
San Francisco –
Alameda/
Oakland Rapid
Electric
Emission Free
Ferry (REED)
Expands electrical infrastructure to the
Downtown San Francisco Ferry Terminal, the
Alameda Main Street Ferry Terminal, and
WETA’s Central Bay Maintenance Facility.
This will enhance the electric capacity at
those sites and allow for expansion of
electric propelled, zero‐emission ferry
service along the Main Street Alameda‐
Oakland to San Francisco route utilizing 3
zero emission expansion ferries and
conversion to zero emission for existing
vessels.
$13,800,000 $134,353,000
20 Santa Clara
Valley
Transportation
Authority (VTA)
Eastridge to
BART Regional
Connector
(EBRC)
The project would extend the existing Orange
Light Rail line by 2.4 miles from Alum Rock
Station to the Eastridge Transit Center,
creating a direct rail link between VTA's 2nd
busiest bus transit center at Eastridge Mall in
San Jose, the new Milpitas BART Station (now
in service), and the rest of the VTA light rail
system. The project also constructs 2 new
light rail stations.
$46,593,000 $529,900,000
21 Santa Cruz
County Regional
Transportation
Commission
(RTC)
Zero Emission
Passenger Rail
& Trail Project
Award funds the project concept report
phase of the project. The project concept
report will refine the locally preferred
alternative from earlier planning work and
provide a stable project definition that would
then be carried through subsequent project
phases to and through the draft and final
CEQA/NEPA environmental documents. Once
constructed, the full scope the project will
result in a zero-emission passenger rail
service on 22 miles of the RTC-owned Santa
Cruz Branch Rail Line, as well as the
remaining sections the Coastal Rail Trail.
$3,450,000 $8,760,000
4265
Transit and Intercity Rail Capital Program 2023 Awards
22 Santa Cruz
Metropolitan
Transit District
(Metro)
Santa Cruz Zero
Emission
Intercity Transit
Service
Expansion
Project
Purchases 24 zero-emission buses to expand
service frequency on the heavily traversed
Highways 1 and Highway 17 corridors while
also redeveloping the Watsonville Transit
Station and Pacific Station to include more
than 180 mixed‐use, affordable housing units
and implements real time passenger
information, bicycle amenities and other
multimodal improvements.
$38,589,000 $201,975,000
23 Southern
California
Regional Rail
Authority
(SCRRA)
Metrolink
Locomotive
Modernization
Study, Pilot and
Implementation
The Project includes three phases (Study,
Pilot, Implementation) resulting in
deployment of one or more fuel efficiency
strategies to significantly reduce locomotive
fuel consumption and associated GHG and
criteria pollutant emissions. The Project also
studies, pilots, and implements modern
maintenance activities, such as a transition
to condition‐based maintenance for
Metrolink assets, to improve safety,
reliability, state‐of‐good‐ repair, and to
reduce operations and maintenance costs to
support service.
$10,000,000 $12,000,000
24 Town of
Truckee
Keep Truckee
Moving:
Expansion and
Electrification
Purchases on‐demand micro‐transit
technology to implement a new microtransit
service and includes the purchase of 7 zero‐
emissions vans for expansion, and 2 zero‐
emission replacement vans with associated
infrastructure to support the service.
$4,437,000 $8,520,000
25 Transbay Joint
Powers
Authority
(TJPA)
Downtown Rail
Extension TIRCP
Project
Development
Funding will advance final design for the
Downtown Rail Extension (DTX) while
positioning the project to advance in
engineering work with the Federal Transit
Association (FTA) Capital Investment Grants
(CIG) New Starts program by meeting FTA
local funding milestones. Once constructed,
the project will extend Caltrain's existing
terminus approximately two miles into
downtown San Francisco which will connect
two new stations including the Salesforce
Transit Center and a new underground
station at Fourth and Townsend streets.
$60,000,000 $146,968,000
4266
Transit and Intercity Rail Capital Program 2023 Awards
26 Transportation
Agency for
Monterey
County (TAMC)
Pajaro/
Watsonville
Multimodal
Station Project
The project will advance environmental work
on the project, including completion of NEPA
review and an update to the CEQA
document. Once constructed, the project will
deliver a new multimodal transit station in
Pajaro located in Monterey County which
will serve as regional hub in a disadvantaged
community, providing key links to local
transit, intercity rail, and long-distance rail
services.
$2,274,000 $2,274,000
27 Tri-Valley – San
Joaquin Valley
Regional Rail
Authority
Valley Link Rail The project will advance design, equity focused community engagement and thirdparty agreements for the Valley Link Rail Project during the current Project
Development phase under the Federal
Transit Administration’s (FTA) Capital
Investment Grants (CIG) Program. Once
completed, the project will create a new 22mile passenger rail transit system connecting the cities of Dublin, Pleasanton, Livermore,
and the Mountain House Community
Services District with all-day, bi-directional
service at frequent intervals throughout the
day.
$25,000,000 $40,000,000
28 Yuba-Sutter
Transit
Next
Generation
Zero-Emission
Bus Operations
and
Administration
Facility
Constructs a new transit facility that can
support a growing zero‐emission vehicle fleet
and purchases 15 zero‐emission buses to
implement a new on‐demand local bus
service in five newly formed transit service
zones within Yuba and Sutter counties. Also
includes 1 zero‐emission over‐the‐road
coach to implement a new commuter service
to Roseville.
$13,725,000 $49,259,000
TOTALS $690,254,000 $2,609,043,000
4267
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
CM Transportation Denée Evans [email protected] 621-1718 5755 Richmond on Demand Electric Shuttle Expansion- Citywide ✔
4 NOMAD TRANSIT, LLC
10 CROSBY STREET, FLOOR 2
NEW YORK, NY 10013 GARRETT BRINKER (547) 286-4710 [email protected] 40068159 December 31, 2023 ✔ VIA Delaware LLC October 19, 2021 October 1, 2021 July 7, 2026 1,000,000.00 4268
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
NOMAD TRANSIT, LLC 4269
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
4 5755
NOMAD TRANSIT, LLC
October 1, 2021 July 7, 2027 6,235,000.00 8,335,731.00
SEE ATTACHED AMENDMENT 4
4270
Amendment #4
to the
CITY OF RICHMOND STANDARD CONTRACT
Nomad Transit LLC (“Via”) and City of Richmond (“Customer” and, together with Via, the “Parties”) have entered into that certain agreement titled City of Richmond Standard Contract, dated October 1, 2021, and modified by Amendment #1 dated October 19, 2021, Amendment #2 dated March 1, 2023, and Amendment #3 dated ________________, 2023 (together, the “Agreement”). Upon execution of this Amendment #4 (the “Amendment”), the Parties agree to modify the Agreement as follows:
1. Amendment. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $6,235,000. Paragraph 3 of the Original Contract is amended to read as follows:
“3. Payment Limit. City’s total payments to Contractor under this Contract Amendment shall not exceed $8,335,731 including expenses.”
AND
2. Amendment. Section 2 of the Transit-as-Service (TaaS) Service Order of the Agreement is hereby revised by adding the following sentence to the end of the first paragraph therein:
“The duration of the Pilot is extended for an additional 36 months following the end of the Initial Term (the “Second Term").”
3. Amendment. Section 3 of the Transit-as-a-Service (TaaS) Service order of the Agreement is hereby revised by adding the following sentence at the end of the second paragraph therein:
“The Parties will adjust the fees for the Second Term based on anticipated changes in the vehicle fleet. The parties agree to finalize such fees at least two months prior to the start of the Second Term.”
3. Conflicts, Use of Terms, Governing Law. Capitalized terms used but not defined herein have the meanings set forth in the Agreement. Except as expressly provided herein, the terms and conditions of the Agreement remain unchanged. This Amendment will be governed by the same law as the Agreement and is effective as of the date executed by both parties.
NOMAD TRANSIT LLC CITY OF RICHMOND
By: By:
Name: Name:
Title: Title:
Date: Date:
4271
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
4 5755
NOMAD TRANSIT, LLC
338,731.00 1,338,731.00 ✔
✔
✔ 312,000.00 1,650,731.00 2,100,731.00 450,000.00 2,100,731.00 2,100,731.00 ✔ ✔
✔
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October 17, 2023
Mayor's Office
DATE: October 17, 2023
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment to Reimagine Public Safety Community Safety Task Force
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Michael Gliksohn is applying for a vacant seat on the
Richmond the Reimagine Public Safety Community
Safety Task Force
RECOMMENDED ACTION: APPROVE the appointment of Michael Gliksohn to the Reimagine Public Safety Community Safety Task Force –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
Michael Gliksohn has been following the task force for an extended period of time. He has a B.A. in Public Service and has been an engaged resident of this city for the last 9 years.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted application
AGENDA
REPORT
4344
4345
October 17, 2023
Mayor's Office
DATE: October 17, 2023
TO: Members of the City Council
FROM: Mayor Martinez
Subject: November 1st as Extra Mile Day in the City of Richmond FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City of Richmond recognizes November 1st as Extra
Mile Day in the City of Richmond. Extra Mile Day is an
opportunity to celebrate people and organizations that
“go the extra mile” to make a difference in their
community.
RECOMMENDED ACTION: PROCLAMATION recognizing November 1st as Extra Mile Day in the City of Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
DISCUSSION:
The City of Richmond emphasizes the importance of individual and collective efforts in enhancing our communities. Recognizing the dedication of its citizens in volunteerism and service, Richmond is inclined to join Extra Mile America's mission, by proposing to declare November 1, 2023, as "Extra Mile Day." This day aims to celebrate those who "go the extra mile" and inspire positive change within the community and beyond. The council's consideration and support for this proclamation would further encourage community involvement and appreciation.
AGENDA
REPORT
4346
October 17, 2023
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
4347
Whereas City of Richmond, CA, is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and
Whereas City of Richmond, CA, is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends, and community; and
Whereas City of Richmond, CA, is a community which chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and
Whereas City of Richmond, CA, acknowledges the mission of Extra Mile America to create 550 Extra Mile cities in America and is proud to support “Extra Mile Day” on November 1, 2023.
Now, I, Richmond Mayor Eduardo Martinez, on behalf of the Richmond City Council, hereby proclaim November 1, 2023, to be Extra Mile Day. I urge each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place.
Extra Mile Day
Mayor Eduardo Martinez
City of Richmond
October 17th, 2023
Therefore,
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October 17, 2023
Public Works
DATE: October 17, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Wendy Wellbrock, PE, Senior Civil Engineer
Subject: Sole-Source Contract with The Watershed Project for the Flood Risk Reduction in the Rheem Creek Watershed
Project
FINANCIAL IMPACT: This contract is funded by a grant from the California Natural Resources Agency and the General Capital Fund
(Account strings: 20136031-400201-22A02 and
40623431-400201-22A02)
PREVIOUS COUNCIL
ACTION:
City Council adopted Resolution 83-21 on July 6, 2021,
approving the application for grant funds and authorizing the City Manager, or their designee, to execute
agreements with project partners to complete the project.
City Council adopted Resolution 81-23 on July 11, 2023, authorizing the award of a construction contract with UST Services, Inc. for the first phase of construction.
STATEMENT OF THE
ISSUE:
The Watershed Project has been assisting the City with
the Rheem Creek project since 2019 and is uniquely
suited to carry out project management services for the re-vegetation phase of the Flood Risk Reduction in the
Rheem Creek Watershed Project.
RECOMMENDED ACTION: APPROVE a sole-source professional services contract with The Watershed Project in an amount not to exceed
$364,183 to support the City in implementing the tasks
for the grant-funded Flood Risk Reduction in the Rheem
Creek Watershed Project, for a term beginning August 1, 2023, through November 15, 2026 – Public Works
Department (Daniel Chavarria/Wendy Wellbrock 510-
307-8108).
AGENDA
REPORT
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October 17, 2023
For over 20 years, the Fairmede neighborhood of Richmond and adjacent unincorporated Rollingwood neighborhood have suffered from flooding related to overflows from Rheem Creek. In 2019, the City collaborated with American Rivers, the Watershed Project, Restoration Design Group, and other local partners to complete technical studies and prepare community-supported plans to solve flooding issues along Rheem Creek. That project, funded by a $274,515 grant from the California State Coastal Conservancy, included a topographic survey, 65 percent design drawings, a maintenance & monitoring plan, and permits submitted to the appropriate regulatory agencies. Project partners also did extensive community outreach to survey residents about their experience of the flooding and what they would like to see in the construction project. Due to COVID-19 closures, some of the in-person outreach was replaced with the creation of a “storybook” to visualize the history and future of the creek. This planning and design project made the City well prepared to seek implementation grants.
In June of 2020, the City, along with the above-mentioned partners, submitted an application to the California Natural Resources Agency (CNRA) Urban Flood Protection Grant Program requesting grant funding for final design and project implementation for a restoration project. Construction of the proposed restoration project will reduce flooding by removing invasive species and excessive sediment, grading a geomorphically stable channel, and planting native riparian vegetation to improve creek habitat. The grant application defines the Project Team as the City, The Watershed Project, Restoration Design Group, and American Rivers.
On July 6, 2021, City Council adopted Resolution 83-21, approving the application for grant funds and authorizing the City Manager, or designee, to execute agreements with project partners to complete the project. On September 7, 2021, CNRA awarded the City grant funding in the amount of $1,598,844 for the Flood Risk Reduction in the Rheem Creek Watershed Project, and on April 19, 2022, the City received a fully executed Grant Agreement number UF8814-0 for the project.
The first phase of construction includes the removal of invasive species, clearing vegetation, excavating sediment and grading of approximately 1,200 lineal feet of the Rheem Creek channel; and replacement of two storm drain outfalls that convey street runoff to the creek. On July 11, 2023, City Council adopted Resolution 81-23, authorizing the award of a construction contract to UST Services, Inc. for this phase of construction. Construction is anticipated to commence in mid-September of 2023. 4350
October 17, 2023
The second and final phase involves the installation and establishment of riparian trees and native planting along the regraded channel. The Watershed Project (TWP) will assist with project management for this re-vegetation scope of work of the Flood Risk Reduction in the Rheem Creek Watershed Project. TWP will execute subcontracts with Urban Tilth, a project partner named in the grant application, for riparian plant propagation, installation, and plant establishment (Attachment 4). From the CNRA Grant, $306,889 is reserved for the re-vegetation scope of work and $57,294 will be funded from the General Capital Fund.
The Watershed Project is uniquely suited to this work due to their previous and ongoing participation in the project, as well as their extensive experience in the restoration and preservation of the distinctive ecosystems that make up the San Francisco Bay. TWP has the local expertise, and they are familiar with the specific grant requirements.
Therefore, City staff is requesting the City Council authorize a sole-source contract with TWP.
Environmental Documentation
The proposed project was determined to be categorically exempt per CEQA Guidelines Section 15333, Small Habitat Restoration Project. The project area is less than one acre and would not pose an adverse impact to endangered, rare, or threatened species or their habitat, will not disturb hazardous materials, and will not result in significant impacts.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Contract
Attachment 3 – Sole Source Justification
Attachment 4 – Scope of Work
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Reso. No.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
APPROVING A SOLE SOURCE CONTRACT WITH THE WATERSHED PROJECT IN THE AMOUNT OF $364,183 FOR THE FLOOD RISK REDUCTION IN RHEEM CREEK
WATERSHED PROJECT
WHEREAS, in 2019, the City of Richmond (City) collaborated with The Watershed Project, American Rivers and Restoration Design Group to conduct community engagement activities, perform a topographic survey and hydraulic analysis, create preliminary design plans and a restoration opportunities analysis report, and submit permits to regulatory agencies. This planning and design effort was funded by a grant from the California State Coastal Conservancy; and
WHEREAS, in June of 2020, the City partnered with The Watershed Project, American Rivers and Restoration Design Group to apply to the California Natural Resources Agency Urban Flood Protection Grant Program for the Flood Risk Reduction in the Rheem Creek Watershed Project (Project); and
WHEREAS, the Flood Risk Reduction in the Rheem Creek Watershed grant application defines the Project Team as the City, The Watershed Project, Restoration Design Group, and American Rivers; and
WHEREAS, on July 6, 2021, the Richmond City Council passed and adopted Resolution No. 83-21, approving the application for grant funds for the Urban Flood Projection Grant and authorizing the City Manager, or their designee, to execute agreements with project partners to complete the grant funded project; and
WHEREAS, on September 7, 2021, the California Natural Resources Agency awarded the City of Richmond $1,598,844 for the Project; and
WHEREAS, staff initiated a Sole Source Request for hiring The Watershed Project to provide various services outlined in the grant, and to subcontract with Urban Tilth, a project partner named in the grant application, for riparian plant propagation, installation and plant establishment, and the Director of Public Works and the Finance Department approved the Sole Source Request; and
WHEREAS, The Watershed Project is a Richmond-based non-profit organization that has extensive experience in the restoration and preservation of the unique ecosystems that make up the San Francisco Bay; and
WHEREAS, funding in the FY2023-2024 budget is available from the California Natural Resources Agency (CNRA) Grant Fund and General Capital Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond finds the above recitals are true and correct and have served as the basis for the findings and approvals set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the award of a Sole Source professional services contract to The Watershed Project for the Flood Risk Reduction in the Rheem Creek Watershed Project, in an amount not to exceed $364,183.
BE IT FURTHER RESOLVED that this resolution take effect immediately upon its passage.
******************
I certify that the foregoing resolution was passed and adopted by the Council of the City Formatted
4352
Reso. No.
of Richmond at a regular meeting thereof held on October 3, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on October 317, 2023
Pamela Christian, Clerk of the City of Richmond
4353
Reso. No.
CLERK’S CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true, and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 17th 3
rd day of October 2023, of which meeting all of the
members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true, and correct copy of the original resolution adopted at said meeting.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: , 2023.
City Clerk of the
City of Richmond
[SEAL]
Formatted: Superscript
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CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: Contract No/P.O:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,
[ ] other [specify:]
2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
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EXHIBIT A – SERVICE PLAN
SCOPE OF SERVICES AND COMPENSATION SCHEDULE
The Watershed Project will support the City of Richmond in implemen�ng the tasks in the California Natural Resources Agency’s Urban Flood Protec�on grant for the Flood Risk Reduction in the Rheem Creek Watershed project to restore Rheem Creek to address creek overflows and flooding in the Rollingwood Community.
Term of Services: August 1, 2023 to November 15, 2026
Total Amount: $364,183
Scope of Services
The Watershed Project (TWP) and Urban Tilth (UT) are pleased to submit the following scope of work for riparian plant propagation, installation, and establishment on Rheem Creek in the unincorporated Rollingwood neighborhood. We’re excited to build upon the great work done by American Rivers, The Watershed Project (TWP), Restoration Design Group (RDG) and City staff to bring this critical project into existence and reduce flood risk while enhancing creek habitat along Rheem Creek. We feel capable of carrying out the tasks described below, and know that our unique blend of cultural competency, local expertise, and deep roots in West County can successfully serve Rheem Creek and the watershed’s residents.
For this project, we propose that TWP be the primary contractor for this work, responsible for project management and reporting to City and State, with UT serving as a subcontractor. The role of TWP and UT in this project was previously described in the City’s CNRA grant proposal ‘Flood Risk Reduction in the Rheem Creek Watershed’. Specifically, that grant application states:
● “The Watershed Project works with community partners, Contra Costa College and Vista High School to provide regular and ongoing educational opportunities serving the lowincome and disadvantaged neighborhoods within the project area and the watershed, including environmental literacy programs. The Watershed Project provides career training, hands-on educational opportunities, and workforce development. Communityled organizations will be contracted to plant riparian trees and vegetation. The OM&M funding plan will be rooted in community input, and include ongoing maintenance contracts with community-led organizations like Urban Tilth.” ● “Urban Tilth, will collaborate with The Watershed Project to manage the native planting and establishment via Urban Tilth's Watershed Technician Training Program and The Watershed Project's Green Careers Program.”
● “The Watershed Project will collaborate with … Urban Tilth Watershed Stewards to plant trees and vegetation along the riparian corridor, irrigate the plantings, and remove invasive species before each year's plantings.”
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The scope below is separated out into three phases:
1) Plant propagation and sourcing: March - November 2023 2) Plant installation: November 2023 - March 2024
3) Plant establishment: March 2024 - March 2026, tasks described in annual increments Collaborative UT/TWP work at Rheem Creek would begin after construction work to regrade the channel takes place in Summer 2023. We also suggest that the construction contractor maintain primary responsibility for sheet mulching the site, and UT/TWP begin on-site work with plant installation in the Fall.
Project Budget
The total cost of the scope described in this document shall not exceed $364,182.89, with $164,182.89 budgeted for Urban Tilth and the remaining $200,000 budgeted for The Watershed Project. $306,889 of this total cost shall be covered by the City’s grant from the California Natural Resources Agency for the Flood Risk Reduction in the Rheem Creek Watershed project, and the City will need to provide $57,293.89 in matching funds in FY 2025-2026 to cover the second year of plant establishment.
The project budget for plants represents an expectation that Urban Tilth will grow about half of the plants to be installed, and purchase the rest. Changes in sourcing strategy (as needed) would not significantly alter project cost.
The Watershed Project’s cost for Phase 2 (plant installation) includes contract administration, insurance, and plant installation and oversight labor. TWP has an existing contract with American Rivers to cover the cost of coordinating and facilitating volunteer workdays during plant installation. TWP’s cost for Phase 3 (establishment) includes contract administration and labor to coordinate and carry out the tasks described in Phase 3, below. The budget for the first year of plant establishment includes additional funding for one-time purchases related to watering, such as hoses and a water tank for TWP’s truck. The budget for plant establishment does not include the cost of water or the use of additional water trucks, which will need to be provided by the City of Richmond.
Phase 1: Plant propagation (March - November 2023)
Urban Tilth will be responsible for sourcing (within 20 miles) local seed for and growing the 471 california native plants included in the ‘plant patches’ described in the planset RDG provided for City staff. These plants will be grown in the UT/TWP Native plant nursery at the Richmond Field Station, under the guidance of the UT Nursery Manager, and with support from UT’s Watershed Restoration Field Crew. These staff have ample experience sourcing and growing specific plant palettes for implementation in municipal projects in West County.
Given the relatively short duration of this propagation phase, it is possible some of the plants will not be of sufficient size to be ready for implementation in the winter. In that event, Urban Tilth will purchase the necessary plants from local nurseries. The total project cost estimate listed above would not increase with this change in sourcing practices. 4359
Understory plants (‘plant patches’) to be installed:
PATCH
TYPE BOTANICAL NAME SCIENTIFIC NAME TOTALS
STREAM
EDGE
BACCHARIS DOUGLASII MARSH BACCHARIS 79
RUBUS URSINUS PACIFIC BLACKBERRY 83
ROSA CALIFORNICA CA WILD ROSE 83
TOTAL PLANTS PER PATCH 245
PATCH
TYPE BOTANICAL NAME SCIENTIFIC NAME TOTALS
RIPARIAN
CAREX BARBARAE VALLEY SEDGE 76
JUNCUS EFFUSUS SOFT RUSH 74
JUNCUS PATENS COMMON RUSH 76
TOTAL PLANTS PER PATCH 226
TOTAL PLANTS 471
Urban Tilth will also be responsible for sourcing all 176 California native trees to be installed on site. Because of the short time span of this propagation period and the need to install plants of a significant size, nearly all of these plants will be purchased from other local nurseries, and provided to the City at cost (no markup). UT staff may be able to grow Populus fremontii (cottonwood) from local cuttings.
Trees to be installed:
BOTANICAL NAME COMMON NAME SIZE Count
ACER MACROPHYLLUM BIGLEAF MAPLE 4G 3
ACER NEGUNDO BOX ELDER TP4 4
AESCULUS CALIFORNICA CA BUCKEYE 4G 33
ALNUS RHOMBIFOLIA WHITE ALDER TP4 14
CERCIS OCCIDENTALIS WESTERN REDBUD D40 36
JUGLANS HINDSII BLACK WALNUT 4G 3
POPULUS FREMONTII COTTONWOOD D40 16
QUERCUS AGRIFOLIA COAST LIVE OAK 4G 6
SAMBUCUS MEXICANA BLUE ELDERBERRY 4G 61
TOTAL TREES 176
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Phase 2: Installation (November 2023-March 2024)
The Watershed Project and Urban Tilth will be jointly responsible for the planting of all 176 trees (first, with tree stakes and arbor ties), 471 plants (following tree planting), and 20 willow poles (last) between November 2023 and March 2024, following the methods laid out in the RDG plan-set (L 5.0). UT/TWP crews will be composed of highly-trained West County residents with experience carrying out sensitive riparian restoration projects. UT/TWP staff will remove invasive plant species from the site before planting, as necessary. Staff will also hand water the site as necessary during the plant establishment period. Any changes to the planting plan (to account for unexpected substrate conditions, for example) will be approved by RDG before implementation.
Community engagement
The Watershed Project has been the community engagement lead for this process, making sure community members are a part of this work and have their voices represented in project planning. We plan to build upon this effort by hosting volunteer planting events at Rheem Creek between November 2023 and March 2024. Community members will likely be asked to help install a small subset of the ‘plant patch’ plants, with supervision from UT/TWP staff. We look forward to helping community members connect with the Creek in a way that is safe and ecologically sound.
Phase 3: Plant establishment (March 2024-March 2026)
Once plants have been installed on site, The Watershed Project staff, with support from Urban Tilth staff, will regularly revisit the site to ensure plant survivorship and ecosystem resiliency. In urban environments where these riparian corridors face intense pressure from pollutants, invasive species, nutrient deposition (etc), ongoing engagement with restoration sites is absolutely essential if long-term benefits are to be realized. Sample maintenance tasks include:
1) Tree pruning and removal of tree stakes at appropriate intervals. 2) Hand watering native plantings to support survival.
3) Removal of invasive species or trash materials that threaten native plantings. 4) Removal of impediments to flow that could create flooding hazards. 5) Replanting up to 20% of the plant stock in the event of plant dieback. UT will grow replacement plants and replanting will take place in collaboration with community members, when possible.
6) Continued community outreach and engagement of neighbors in maintenance activities.
We propose to conduct maintenance activities for the first two years after plant installation to ensure survival and establishment.
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For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT 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: Department:
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, 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. 4362
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 4364
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 4365
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this 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. 4366
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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 4367
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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.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 4369
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 4370
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 4371
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 4372
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 4374
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 4375
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 4376
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
4377
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
4378
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
4379
Type 2 – Page 1 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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Type 2 – Page 2 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 4381
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Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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Page | 1 Sole Source Form – Rev. May 12, 2016
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 Sole Source Supplier:
Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ 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 sell 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) 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 convincing, avoiding generalities and unsupported conclusions. (if additional space is needed, include them in a separate page) 4390
2 | Page
Complete the following checklist
A specific contractor is the only source 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 required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through 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 service 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 For the repair or modification of existing hardware Federal or state grant names 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 implementing a difficult manufacturing 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.
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. (if additional space is needed, include them in a separate page) 4391
9 6 2023
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October 17, 2023
Public Works
DATE: October 17, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Wendy Wellbrock, PE, Senior Civil Engineer
LaShonda White, Deputy City Manager-Community
Services
Kate Eppler, Deputy Director of Community Services -
Library
Melinda Cervantes, Project Manager lll
Christopher Larsen, Administrative Services Librarian
Subject: Contract with Noll & Tam Architects for Architectural Design Services for the Revitalization of the Historic
Richmond Main Library Project.
FINANCIAL IMPACT: The City has been awarded a California State Library Building Forward grant of $9,712,979 and the City has
appropriated $19,856,490 for the Revitalization of the
Historic Richmond Main Library Project. Total funds
presently committed for this project are $29,569,469. This contract is fully funded by the California State Library Building Forward grant and the General Capital Fund.
(Account strings: 10545055-400733-AR231 and
20136031-400733-AR231)
PREVIOUS COUNCIL
ACTION:
City Council adopted Resolution 131-22 on October 4,
2022, to accept and appropriate $9,712,979 in grant funds and appropriate 50 precent matching local funds in the
amount of $4,856,490 for a total project budget of
$14,569,469 for the Revitalization of the Historic Richmond Main Library Project. Council adopted Resolution 46-23 on May 23, 2023, to appropriate an additional $15,000,000 to create opportunities for further renovations to the
Richmond Main Library and bring the total State and local funds committed to $29,569,469.
AGENDA
REPORT
4393
October 17, 2023
STATEMENT OF THE
ISSUE:
City staff is requesting approval to award a contract for the Revitalization of the Historic Richmond Main Library
Project to Noll & Tam Architects in an amount not to
exceed $3,285,872, which includes a contract amount of
$2,987,156 plus 10 percent contingency in the amount of $298,716.
RECOMMENDED
ACTION:
APPROVE a contract in the amount of $2,987,156, and
any amendments, if necessary, for up to a 10 percent
contingency in the amount of $298,716, with Noll & Tam
Architects for architectural design services for the seismic retrofit and Revitalization of the Historic Richmond Main Library located at 325 Civic Center Plaza in Richmond,
with a term from October 17, 2023, through June 30, 2027; and ADOPT a resolution awarding a contract to Noll & Tam Architects and authorizing the city manager or designee to execute the contract and any related documents – Public Works Department/Community Services Department
(Daniel Chavarria 510-620-6639/ LaShonda White 510-
620-6828).
DISCUSSION:
The Richmond Public Library is the municipal public library serving the City of Richmond, which has a population of approximately 115,639 people. The Main Branch (Richmond Main Library), located at 325 Civic Center Plaza, is one of three physical locations. It is at the center of the community and conveniently accessible by various modes of transportation including walking, biking, and bus.
Constructed in 1949, the Richmond Main Library is a two-story structure with an approximate floor area of 31,500 square feet and was the first glass-fronted library in the nation. The building is constructed of composite steel and concrete momentresisting frames faced with brick and sheet glass and is comprised of a main floor, mezzanine, and partial basement. The Richmond Main Library houses central library collections and support functions, including acquisitions and administration. In 1995, extensive additions were made to the electrical systems in the library building, which supported the installation of multiple patron computers and added additional upgraded outlets throughout the structure. Significantly deferred maintenance of the Richmond Main Library has resulted in the need for major repair or upgrades to the building and building systems, many of which have not been improved since the building was built in 1949.
In October 2022, the City was awarded a California State Library Building Forward grant of $9,712,979, and the City appropriated 50 percent matching funds in the amount of $4,856,490 for a total project budget of $14,569,469 for the Revitalization of the Historic 4394
October 17, 2023
Richmond Main Library Project (Project) to address critical life-safety and maintenance issues in the Richmond Main Library. In May 2023, the City Council appropriated an additional $15,000,000 to create opportunities for further renovations. Total funds presently committed for this project are $29,569,469.
The primary objectives of this project include seismic upgrades, safety and security upgrades, accessibility, full renovation of the interior including new building systems, exterior glazing system and roof replacement, and site development. However, various interior and exterior facility upgrades will be part of the overall goal of the project in order to create a more accessible and usable space. This includes remodeling the existing public restrooms to accommodate occupancy and replacement of the original elevator which presently limits access to the Mezzanine level and is in a staff area. The overall goal for the project will be to deliver a successful result, with a clearly thought out and viable design option from the planning and conceptual design phases through construction, and associated cost estimate, all conducted with broad-based community input and robust public engagement throughout every stage of the process.
On July 7, 2023, City staff issued a Request for Proposals (RFP) for architectural design services for the seismic retrofit and Revitalization of the Historic Richmond Main Library Project. In response to the RFP, City staff received nine proposals from qualified architectural firms. A panel of library and public works staff members who possess the technical and engineering expertise needed to effectively evaluate complex architectural proposals reviewed the proposals to find the most qualified firm. Selection criteria included relevant project experience, understanding the scope of work, ability to meet the project deadline and to operate within budget.
The panel identified Noll & Tam Architects as the most qualified consultant based upon their expertise in similar projects, their deep understanding of the project scope of work and approach to completing the project, and emphasis on a strong community engagement process.
City staff is requesting approval of a resolution to authorize the City Manager or her designee to execute a contract with Noll and Tam Architects for a not-to-exceed amount of $2,987,156, and approve any amendments to the contract, if necessary, for up to a 10 percent contingency in the amount of $298,716 to facilitate the completion of the Project.
The community engagement and design process will commence in October 2023, and the project timeline anticipates construction completion in late 2026.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Proposed Contract
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Reso. No. xx-23
RESOLUTION NO. xx-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING THE AWARD OF A CONTRACT TO NOLL & TAM
ARCHITECTS FOR THE REVITALIZATION OF THE HISTORIC RICHMOND MAIN
LIBRARY PROJECT
WHEREAS, the Richmond Public Library is the municipal public library serving the City of Richmond. The Main Branch (Richmond Main Library), located at 325 Civic Center Plaza, is one of three physical locations, and is in need of seismic upgrades and various interior and exterior facility renovations; and
WHEREAS, in October 2022, the City was awarded a California State Building Forward grant of $9,712,979 and the City appropriated 50% matching funds in the amount of $4,856,490 for a total project budget of $14,569,469 for the Revitalization of the Historic Richmond Main Library Project (Project) to address critical life-safety and maintenance issues in the Richmond Main Library; and
WHEREAS, in May 2023, the City Council appropriated an additional $15,000,000 to create opportunities for further renovations to the Richmond Main Library and bring the total funds committed for the Revitalization of the Historic Richmond Main Library Project to $29,569,469; and
WHEREAS, on July 7, 2023, staff issued a Request for Proposals (RFP) for architectural design services for the seismic retrofit and Revitalization of the Historic Richmond Main Library Project; and
WHEREAS, staff received 9 proposals in response to the Request for Proposals and selected Noll & Tam Architects as the most qualified consultant based upon their expertise in similar projects, deep understanding of the project scope of work and approach to completing the project, and emphasis on a strong community engagement process; and WHEREAS, City staff is requesting approval to award a contract for the Revitalization of the Historic Richmond Main Library Project to Noll & Tam Architects in an amount not to exceed $2,987,156, and any amendments, if necessary, for up to a 10 percent contingency in the amount of $298,716; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution, the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby approves the award of a contract to Noll & Tam Architects for the Revitalization of the Historic Richmond Main Library Project, and authorizes the City Manager or their designee to execute a contract for a not to exceed amount of $2,987,156, and approve any amendments to the contract, if necessary, for up to a 10% contingency in the amount of $298,716 to facilitate the completion of the Project.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804. *************************
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Reso. No. xx-23
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held October 17, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
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CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: Contract No/P.O:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,
[ ] other [specify:]
2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
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PROPOSAL
ARCHITECTURAL
DESIGN SERVICES FOR
THE REVITALIZING THE
HISTORIC RICHMOND MAIN
LIBRARY PROJECT
CITY OF RICHMOND
11 AUGUST 2023
4401
CONTENTS
1. COVER LETTER 2
2. PROPOSED APPROACH AND SCOPE OF SERVICES 4
3. RELATED PROJECT EXPERIENCE AND EXPERTISE 9
4. QUALIFICATIONS OF KEY PERSONNEL 14
5. SUBCONSULTANTS 17
6. PROPOSED PRELIMINARY SCHEDULE 19
7. REFERENCES 21
8. FEE PROPOSAL
(SUBMITTED SEPARATELY)
APPENDIX A: RESUMES
APPENDIX B: LETTERS OF COMMITMENT
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729 Heinz Avenue #7 | Berkeley CA 94710 | 510.542.2211 | [email protected] August 11, 2023
Wendy Wellbrock, Senior Civil Engineer
City of Richmond Public Works
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
RE: Architectural Design Services for the Revitalizing the Historic Richmond Main Library Project Dear Ms. Wellbrock and Selection Committee:
Noll & Tam Architects is delighted to present a proposal for the remodel of the Richmond Main Library.
We are familiar with the library through our prior work evaluating the building and preparing documents for the City of Richmond’s Building Forward grant application, and we look forward to working successfully with you again.
Our firm was founded and based in Berkeley since 1992. Since that time, Noll & Tam has been continuously in business as a licensed design professional and has grown into a studio of 44 talented architects and designers focused on public work, community engagement, beautiful design, and sustainability.
We have planned and designed more than 60 library projects—including new construction, complex renovations, and furniture/finish refreshes. Recent projects include renovations for the Berkeley Central Library and the Santa Clara Mission Branch Library, and new libraries for the cities of Hayward, Half Moon Bay, and Capitola. We are currently working on two complex historic renovation and expansion library projects in Portland, Oregon, and multiple furniture and finishes refreshes in Petaluma, Healdsburg, and all branches of the Marin County Free Library system.
We are skilled in managing and designing complex renovation projects within strict time deadlines and budget parameters. The Richmond Library project will present many challenges, and the methodologies we have developed will allow us to deal with them effectively. In particular, at project initiation we will establish a detailed and accurate scope and carefully defined budget using an interactive scope/cost spreadsheet to give you more control over the prioritization process. We have a reputation for working collaboratively with librarians, project administrators, and community stakeholders to ensure that we incorporate the needs of the community into the designs while respecting the budget and schedule.
Community outreach will be key to the success of this project. We are pleased to be teamed with Contigo Communications, community engagement specialists, who recently worked with the City of Richmond on a Community Needs Assessment to prioritize ARPA investments, with a lens for those most disproportionately impacted by the COVID-19 pandemic. For this assessment, Contigo conducted 11 focus groups involving Richmond’s Latinx/Spanish-speaking, Black, Asian American, immigrant, youth, and senior communities.
With this depth of knowledge, Contigo is excited to partner with us for the renovation of the Richmond Main Library to enhance the resources available to residents of the city. We are currently teamed together on a needs assessment for an expansion of the downtown library for the City of Redwood City, for which Contigo is conducting a robust public outreach process aimed at gathering input from previously hard-to-reach Latinx and non-English speaking communities.
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 03 Along with Contigo, our consultant team (outlined in our organization chart on page 15 of this proposal) includes a comprehensive group of experts, all located in the Bay Area with extensive public-works project experience in the region, and with whom we have long-standing and successful working relationships. Our core team includes ZFA Structural Engineers (structural engineering), Taylor Engineers (mechanical engineering, plumbing, and fire protection), O’Mahony & Myer (electrical engineering and lighting), [Frederic] Knapp Associates (historic architecture), TBD Consultants (cost estimating), BKF Engineers (civil engineering), and BASE (landscape architecture). Nine other firms support us to provide the full slate of services requested under this contract. Letters of commitment from all subconsultants are included in Appendix B. Noll & Tam and its subconsultants are registered as required with the California Department of Industrial Relations (DIR).
Our subconsultants and their staff qualify our team for the five (5) bonus points (per page 2 of Addendum 2) offered for this project. ZFA has an office and key staff member (Mark Moore) located at 126 Crest Avenue, Richmond, CA 94801, and BKF Engineers has an office located at 322 Harbour Way #23, Richmond, CA 94801.
I, Chris Noll, will lead this project, bringing 35 years of experience in developing forward-thinking library facilities. Alyson Yarus, our project manager, has extensive historic renovation experience, including Carnegie libraries in the cities of Alameda and San Rafael and work at Berkeley Central Library. Amy Watson, our project architect, also has experience with complex renovations and library projects (Capitola and a revitalization of the Sonoma State Library). Trina Goodwin is our library space planner, and Nadia Colquiett will focus on the interiors. We are offering you our best team, one that has worked closely together on many prior library and interior renovation projects.
I am authorized to bind Noll & Tam contractually to this proposal, which is a firm offer for a 120-day period.
We acknowledge receipt of all addenda to the RFP, and accept the terms of the City of Richmond’s contract template. We look forward to the next steps in this process.
Respectfully submitted,
Chris Noll, FAIA, LEED AP, Principal
Noll & Tam Architects
[email protected]
510.542.2211
Department of Industrial Relations (DIR)
Registration #10002750 (Expiration 6/30/2025)
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 04
2. PROPOSED APPROACH & SCOPE OF SERVICES
PROJECT APPROACH
The following represents our
understanding of the City of
Richmond Revitalizing the Historic
Richmond Main Library Project and
the key considerations our team will
engage with as we conduct the work.
The Library is ready to be brought
back to a level of modern usefulness,
sustainability, and “shine” that will
allow it to take its rightful place
in the Richmond Civic Center. We
have decades of experience making
historic buildings work well for
their modern uses, enhancing their
historic fabric and preserving it for
future generations while creating an
inspiring and forward-thinking place
for the Library to thrive.
A LIBRARY FOR THE
21ST CENTURY
The Richmond Main Library project is
an exciting opportunity to transform
a venerable library into an improved
and more valuable resource for the
people of the City of Richmond.
The project will build upon the
historic character of the original 1949
building, bringing new life to the aged
spaces and building systems, making
it fully accessible, and allowing for a
modernized approach to delivering
library services.
Our goal for this project is to create
library spaces for the 21st century—
spaces designed specifically to
respond to the needs of the people
who live here and that provide
welcoming places to gather, learn,
socialize, and play. Noll & Tam will
apply our considerable experience
with libraries and complex renovation
projects to identify creative ways
to improve operations and the user
experience while also meeting your
budget and schedule constraints.
Due to changes both in technology
and community expectations,
libraries are no longer just a place
where you go to borrow a book;
instead, they have become the hub
of the local community. To meet
community expectations for the
library of today and also to anticipate
the demands of tomorrow, Noll &
Tam will listen carefully to hear what
the community’s needs are so that
we can address them in programming
and design. We will design flexible
spaces that can be used in multiple
ways throughout the day and that
can adapt and evolve as programs
and service delivery methods change.
The City has put a good deal of
thought and energy into identifying
the tasks needed to meet the
project goals while providing the
most value for the City. We will start
with this task outline and apply our
expertise to help you understand
what is possible within the budget
and schedule, building on the work
already done, gathering community
input, discussing your options, and
directing a thorough design process
to produce a better experience for
patrons, improved functionality for
staff, and a facility that responds to
the needs of the community.
KEY CONSIDERATIONS
COLLABORATIVE
DESIGN PROCESS
A key element of our successful
partnership with public clients is the
ability to facilitate a collaborative
design process that responds directly
to concerns of all stakeholders
in the community. We will work
closely with City and Library staff to
identify important project priorities
and develop tangible design
strategies to achieve these priorities.
In particular, we will organize a
community engagement process
that could include such techniques
as task force meetings, surveys,
a web site, individual interviews,
focus groups, large community
meetings, and pop-up events in
order to establish a meaningful
and trusting relationship with this
community. We will determine what
makes the most sense with you.
We recently completed a deep
community engagement process for
two branch libraries in Northeast
Portland, which is an historically
disadvantaged community that has
suffered significant trauma over
the last 80 years. We developed a
process that specifically focused on
the most disadvantaged members
of this community to make sure
we addressed everyone’s needs
equitably, and the results were
remarkable in how they translated
into the design.
A LIBRARY FOR (ALL) THE AGES
Successful library spaces must
balance flexibility with the need to
create distinctive, memorable spaces.
We look to community history,
culture, and identity to curate a
unique sense of place, which along
with modern amenities will create a
library specific to this community.
Spaces for kids, teens, and families
are central to the library’s role in the
community because of their ability to
foster lifelong positive experiences.
CHILDREN’S AREA
Children’s areas must be charming
and capture childhood imaginations
yet must also be tough and durable,
welcoming hundreds of users
each day and facilitating a wide
range of activities. In addition to
providing a welcoming destination
for generations of children and their
families, the programming these
spaces provide can be a launch
pad to early childhood literacy and
preparation for a lifetime of learning.
TEENS
Increasingly, teens rely on library
spaces and access to technology
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 05 to support school requirements.
And, as most parents can attest,
teens rarely do only one thing at a
time—they may socialize, listen to
music, use a computer, send text
messages, and study simultaneously.
For teens to have their needs met
while co-existing with other library
users, dedicated spaces are needed.
Collections, seating, acoustical
separation, visual control, and a sense
of a place all factor into the success
of teen spaces.
STAFF SPACES AND
FUNCTIONALITY
Our design approach centers on
creating a public library that is as
functional as it is welcoming. How
will the design reduce barriers to
access to the facility, its resources,
and its services? In what ways will the
building strengthen the community?
With these touchstones in mind, we
will consider the needs of library staff,
through incorporating automated
material handling systems, book
drops, and accessible storage and
handling areas. The design will
incorporate clear sightlines, flexible
wiring systems, wireless technology,
changeable service desks, adaptable
lighting, mobile shelving, and
moveable walls.
SECURITY
Security is a key issue for most
libraries these days. We will work
with library staff to develop designs
that consider safety without being
exclusionary.
INTERIORS DESIGN
Noll & Tam’s work in libraries
and community centers involves
creating dynamic spaces that are
comfortable for all age groups,
provide clear wayfinding, and
incorporate a beautiful palette of
colors and finishes. We understand
how to satisfy all types of interior
space needs and how to incorporate
flexibility that allows for multiple
uses/accommodation of different
users over time. We work closely
with our clients and representatives
to select finishes that are durable as
well as aesthetically pleasing.
HISTORIC DESIGN
We have a flexible, intelligent,
and respectful attitude toward
improvements to historic buildings.
Required upgrades to building
systems and necessary accessibility
interventions must be compatible
and appropriate to what is already
there, and choices will need to be
made along the way to make the
facilities work well for their modern
uses. Solutions will be innovative and,
where possible, invisible; and if they
cannot be invisible, we will suggest
ways to make modern upgrades
compatible with the existing
architecture and in conformance
with the Secretary of the Interior’s
Standards for Treatment of Historic
Properties.
With Knapp Architects, our
historic architect, we will study the
historic structure reports provided,
conduct our own research and site
observations in order to understand
how—and how much—each
feature and material of the existing
building contributes to its historical
significance. We will prepare
diagrams, annotated drawings, and
photographs to share this information
with the Library and the City.
Often, aspects of a historic property
that are most vital to its integrity
are known only to locals. Our
public outreach process will help
us understand which parts of
the building and its site are most
appreciated and important to
Richmond residents. Simultaneously,
we will work with the Library to
determine project goals and the
desired program. Together, we will
develop constructive solutions to
the areas where sensitive portions of
the building must be affected—and
where new design initiatives need to
be inserted that must be compatible
with the character of the facility.
COST & BUDGET
A key task will be to balance the
practical with the aspirational—
developing a design that meets
your expectations for both fiscal
responsibility and community vision.
An early and important effort in
the programming phase will be to
reconcile the scope of the project
with the budget. This is a common
situation with public renovation
projects, as it is difficult to know in
advance of any detailed planning
work how much a building renovation
will cost.
To address this issue, we have
developed specific and objective
methodologies to bring the project
requirements into focus for our
clients. We will work closely with TBD
Consultants, our cost estimator, and
the City very early in the conceptual
design process to develop a shopping
list of the various potential scopes
and building upgrades, including the
complete construction cost for each
scope element. We will then work
closely with City and Library staff
to identify and prioritize the project
scope so we can establish a realistic
and achievable task scope that fits
the budget. We will continue to
monitor costs throughout the design
process to ensure that the scope and
budget are in alignment throughout.
A limited budget doesn’t necessarily
decree a limited project. We will
develop solutions that stretch the
budget and improve the spirit
and character of the facility while
maximizing functionality and solving
other programmatic needs. We view
ourselves as partners with the City
in stewarding limited dollars in an
appropriate and thoughtful manner,
and we will look for ways to put
construction dollars where they have
the most benefit.
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 06
SCOPE OF SERVICES
TASK 1 – DATA COLLECTION
AND ANALYSIS
Task 1 Scope
This task will contain the site
investigation with preparation of a
field survey, Geotechnical Report,
Seismic Analysis and Hazardous
Materials Report.
*We will also conduct investigation
of the existing building envelope
with our waterproofing consultant to
inform the project treatment of the
historic building fenestration.
Task 1 Deliverables
Field Survey, Geotechnical Report,
Tier 1 & 2 Seismic Evaluation, HazMat
Report
TASK 2 – ENVIRONMENTAL /
CEQA SUPPORT
Task 2 Scope
Our team will validate the City’s
assertion that the project will qualify
for a Class 31 Categorial Exemption.
Task 2 Deliverables
Class 31 Categorial Exemption
Documentation
TASK 3 – PLANNING AND
CONCEPTUAL DESIGN, AND
COST ESTIMATES
Subtask 3A Scope - Space Needs
Assessment and Programming
Our team of architects and engineers
will tour the Library and meet with
stakeholders and selected staff to
identify current facility needs and
projected requirements. We will
establish the project goals which
will be used to make decisions
throughout the project. From
those meetings, we will develop
an architectural program that
addresses areas, adjacencies, spatial
qualities, security, major utility and
equipment requirements. We will
review the program and subsequent
space bubble diagrams with the
City of Richmond Project Team and
incorporate their feedback.
Furniture: We will work with City staff
to identify FF&E needs and make
recommendations for space planning,
and prepare an FF&E schedule
that can be incorporated with the
program elements.
Temporary Facility Study: Our team
will work with City staff to determine
the needs for a temporary facility and
site during the library construction.
We will prepare a feasibility study for
two possible locations identified by
City staff and provide cost estimates
for each.
Authorities Having Jurisdiction:
Our team will review regulatory
constraints for both building and
planning.
Site: Our team will assess current
parking conditions and delivery and
loading vehicle needs.
Subtask 3B Scope - Preliminary
Concept Plans
Our team will prepare a minimum of
two concept design (building/site)
to meet the programmatic needs
identified in Programming. Concept
design will incorporate feedback from
the Community Outreach efforts. We
will explore if an addition is a viable
or desired strategy in conjunction
with the concept cost estimate as
well insuring compliance with City
and State regulations. These ideas
along with the positive features and
limitations of each concept will be
communicated back in subsequent
City Staff meetings and Community
Engagement events.
Historic Building Consideration:
The proposed concept designs will
conform to Secretary of Interior
Standards for the Treatment of
Historic Properties.
Budget Alignment: Our team
believes that educating the
Community about all the costs of a
project is imperative to managing
expectations of the final building
outcome. Our concept cost estimates
will include market conditions,
pre-construction, mitigation work,
temporary library facilities, hazardous
materials abatement, construction,
contingencies, and escalation.
Subtask 3C Scope - Community
Outreach and Public Engagement
Contigo will be our community
engagement consultant and they
have recently completed an extensive
community outreach through the
Public Needs Assessment for ARPA
funds in Richmond in Summer
2022. Noll & Tam also has extensive
public library experience and we
recently published a white paper on
community engagement practices.
We plan to facilitate five community
meetings to gather input from the
public regarding the project. We
will also meet in a few small group
settings with City Stakeholders to
facilitate political support for the
project.
Meeting Schedule: 1. Two meetings
prior to conceptual design; One
meeting to present two conceptual
design options and gather feedback
on the preferred plan; One meeting
presenting the conceptual design;
and One meeting presenting the
schematic design.
Task 3 Deliverables
Draft and Final Program Spreadsheet,
Spacing Diagrams, Requirements
and Space Usage Summary, FF&E
Cost Estimate, Feasibility Study for
Temporary Relocation Site including
cost estimate; Two preliminary
conceptual plans with estimated
costs for construction, Presentation
Boards, PowerPoint Presentation,
Surveys, Agendas, and Minutes for
each community meeting.
4407
NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 07 TASK 4 – DETAILED DESIGN
PLANS, SPECIFICATIONS, AND
COST ESTIMATES
Subtask 4A Schematic Design
(SD) Scope
We will develop the City’s preferred
concept design after meeting with
the City of Richmond Project Team
and our consultants to review project
parameters. This will be the first
opportunity for our consultants
not involved in previous tasks to
visit the site and perform field
investigations. The design prepared
will communicate how the spaces will
meet operational and programmatic
needs and be in line with the
project budget and City staff review
comments. We will assist the City
in presenting this information to
Stakeholders and the public. Quality
Control reviews will take place at the
end of each of the Task 4 sub-tasks –
SD, DD and 90% CD. *We will engage
a signage consultant and elevator
consultant starting in Task 4 to insure
project success.
Furniture: Our team will refine
furniture types and locations and
illustrate options for the aesthetics.
We will coordinate the necessary
infrastructure locations with our
engineers.
Authorities Having Jurisdiction/
Utilities: Our team will conduct
preliminary meetings with affected
agencies and utilities to prepare for a
successful approval process.
Site: Site improvement solutions
including parking, vehicle circulation,
path of travel, shading, trash
enclosure, lighting, landscaping,
stormwater treatment, utilities, will
be developed including Municipal
Regional Stormwater Regional
Permit (MRP) regulations specific to
Provision C.3 for redevelopment.
Budget Alignment: Our team will
submit documents and cost estimate
to the City’s Project Team for review.
We will re-visit the project goals
and project priorities established
by the Community and Stakeholder
Engagement process. Factors such
as the value of optional materials,
durability, life cycle costs, building
systems and equipment will be
discussed in relation to the program,
budget, and aesthetics of the design.
Sustainability: Our team will conduct
the LEED charrette, develop the
LEED score card, register the project
with USGBC, and ensure the project
meets the minimum LEED Silver
certification requirement. This scope
will also include developing the
commissioning plan, determining if
enhanced commissioning is needed
and determining if an initial study is
needed for CEQA.
Subtask 4A Schematic Design
(SD) Deliverables
Schematic Design Documents – Site
Layout, Landscape and Improvement
Plans, Floor, Furniture and Roof Plans,
Exterior Elevations, Building Sections,
Engineering Plans and Narratives,
and Solar modeling diagrams;
construction cost estimates, FF&E
schedule and cost estimate, LEED
score card and Project Schedule.
Subtask 4B Design Development
(DD) Scope
Our team will meet City of Richmond
Project Team and all Consultants
to discuss the status of the Project,
goals, scope, expectations, schedule,
and budget and further develop
Schematic Design Documents to
Design Development Documents.
Furniture: Further refine the FF&E
schedule, specifications, and cost
estimate.
Authorities Having Jurisdiction/
Utilities: Our team will assist City
staff with submitting a Planning
Application and facilitate the
Historic and Design Reviews to
obtain Planning Department. We
will also assist City staff with utility
permit applications, coordinate the
application process, and attend
meetings as needed.
Budget Alignment: The N&T team
will establish final optional building
and site enhancements and materials
to be considered for cost control and
bid alternates.
Presentations: We will meet with
key stakeholders to reconfirm the
direction of the Project and gather
comments and additional feedback
including assisting City staff with
the presentation of the Design
Development Documents to key
stakeholders.
Sustainability: We will obtain
CEQA notice of determination and
clearance and update the LEED score
card to LEED Silver certification
requirements including updating the
commissioning plan.
Subtask 4B Design Development
(DD) Deliverables
Design Development Documents –
Update SD documents with Interior
Elevations, typical construction
details, preliminary structural, MEP,
elevator, landscaping, data, telecom,
and audio visual plans added; 100%
DD construction estimate, preliminary
technical specifications, FF&E cost
estimate, LEED score card, CEQA
documents and project schedule.
Subtask 4C Construction
Documents (CD) Scope
The N&T Team will complete the
site, building, sustainability and FF&E
design and technical components
of the Project in this Task. We will
submit Construction Documents
and Cost Estimates at 50%, and 90%
intervals in preparation for Permit
Submittal and make adjustments
to the final design to align with the
City’s construction budget.
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 08 Subtask 4C Construction
Documents (CD) Deliverables
50% and 90% Construction
Documents sets – Updated DD
documents to finalize construction
details and specifications; 50% and
90% construction cost estimates, final
cost estimate for FF&E, and LEED
score card.
TASK 5 – BUILDING PERMIT
SUBMITTAL, BIDDING SUPPORT
& CONFORMED SET
The 100% Construction Documents
– drawings and specificationswill be revised to incorporate any permit conditions to form
the Bid Set of documents. A final
cost estimate (90% CDs) shall be
provided with updated estimated
costs for construction, construction
contingencies, escalation.
Our team will support the City’s
bidding process by responding to
bidders’ questions pertaining to
the final plans and specifications,
attending the pre-bid conference and
site visit, and preparing bid document
addenda if clarifications are needed.
A conformed set of stamped
construction Contract Documents will
be created after construction bids are
received for use during construction.
Task 5 Permit/Bid Deliverables
Deliverables: 100% Construction
Document/Building Permit Set, final
cost estimate, technical specifications,
conformed set, final cost estimate for
FF&E, LEED score card, LEED design
credits
TASK 6 – CONSTRUCTION
AND CONSTRUCTION
ADMINISTRATION SUPPORT
Our team will conduct Construction
Administration Services including
attending the pre-construction
meeting and weekly construction
OAC meetings (virtual and on site),
conducting monthly periodic site
observations, observing construction
progress, issuing site visit reports,
and notifying the City and contractor
of defects and deficiencies. We
will respond to Requests for
Information, review substitution
requests, submittals (construction
and furniture), and shop drawings,
address design changes, errors and
omissions, and design coordination
issues, assist the City with ASIs and
change order review. Our team will
review contractor pay applications
and LEED documentation. We will
lead punch walks and create the
punch list. We will assist the City in
project closeout including providing
record documents, completing
commissioning and reviewing
Contractor as-builts.
Task 6 Construction
Administration Deliverables
Record Drawings, CAD files, LEED
documentation
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 09
3. RELATED PROJECT EXPERIENCE/EXPERTISE
Noll & Tam is a leader in thinking
about what a library can be, and we
are passionate about our work! We
have planned and designed more
than 30 renovations/expansions,
16 new libraries, and 25 concept
design studies and master plans. We
will provide the expertise to extend
the life of the Historic Richmond
Main Library with new systems and
services, and to design its spaces for
contemporary and future users.
SELECTED LIBRARY RENOVATIONS & EXPANSIONS
American Canyon Library
Bay Farm Island Branch, Alameda
Berkeley Central Library Improvements
Carmichael Branch Library, Sacramento
Contra Costa College Library Renovation
De Anza College Library Renovation
Freedom Branch Library, Watsonville
Golden Gate Branch Library, Oakland
Guerneville Library Refresh
Las Positas College Library Improvements
Live Oak Library Annex, Santa Cruz
MLK Jr. Branch Library, Oakland
Menlo Park Library Lobby
Mission Branch Library, Santa Clara
Mountain View Library
Multnomah County Albina and North
Portland Libraries, Oregon
Napa County Main Library
North Highlands-Antelope Branch
Library, Sacramento
Petaluma Library Refresh
Rockridge Branch Library TeenZone,
Oakland
Santa Cruz County Live Oak Library Annex
Southgate Branch Library, Sacramento
Sylvan Oaks Branch Library, Sacramento
Stanford University Rumsey Map Center
Temescal Branch Library, Oakland
UC Berkeley Bancroft Library, Doe
Library Annex
UC Berkeley Haviland Hall Student
Commons & Library Renovation
UC Berkeley Moffitt Library West Terrace
Canopy
UC Berkeley Doe Library Surge Renovation
University of Redlands Armacost Library
Renovation
Weekes Branch Library, Hayward
West End Branch, Alameda
West Oakland Branch Library
NEW CONSTRUCTION
Cañada College Library & SRC
Capitola Branch Library
Castro Valley Library
Felton Library Interior Design
Half Moon Bay Library
Hayward Library/Learning Center
Laney College Library & Learning
Resource Center
Los Gatos Library
Marina Branch Library
Morgan Hill Library
Portola Branch Library, San Francisco
Rohnert Park Library
Sacramento Valley Hi-North Laguna
Library
Saint Mary’s College of California Library
& Learning Commons
San Leandro Mulford-Marina Branch
Library
Solano College Library & LRC
KEY FEATURES
URBAN CONTEXT
COMMUNITY MEETING &
LEARNING CENTER
CHILDREN’S/TEEN AREAS
MAKERSPACE & MEDIA LAB
TEEN OUTREACH PROCESS
COMPLEX STRUCTURAL
SYSTEM (ON FAULT-LINE)
FF&E
LEED PLATINUM/ZNE
PROJECT INFORMATION
Location: Hayward, CA
Size: 58,000 SF
Construction Cost: $51.8M
Client: City of Hayward
Date Completed: Sept. 2019
Team Members: Chris Noll,
Trina Goodwin
HAYWARD LIBRARY &
COMMUNITY LEARNING CENTER
This new three-story library on an urban site adjacent to Heritage Plaza is an innovative resource for Hayward’s diverse community. The 58,000 SF library includes two homework centers and classrooms and educational spaces for an adult learning center. It is one of the largest Zero Net Energy public libraries in the country and has a rainwater catchment system that saves and recycles 500,000 gallons of water per year. In terms of design, sustainability, technology, and service delivery, this is truly a 21st century library. 4410
NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 10
KEY FEATURES
HISTORIC BUILDING
RENOVATION
URBAN CONTEXT
SPACE PLANNING
MULTI-GENERATIONAL
SPACES
TEEN ZONE & COMMUNITY
PROCESS
RESTORATION OF HISTORIC
READING ROOM
FF&E
PROJECT INFORMATION
Location: Berkeley, CA
Size: 16,000 SF
(area of renovation)
Client: Berkeley Public Library
Date Completed: June 2021
Team Members: Chris Noll,
Alyson Yarus, Amy Watson,
Trina Goodwin
BERKELEY CENTRAL LIBRARY RENOVATION
Noll & Tam Architects improved the public spaces in the historic Berkeley Central Library by providing space planning and design services. A study was conducted in 2014 to suggest cost-effective alternatives and solutions to improve the interior public spaces without substantial structural modifications. Initially, the renovations were planned to be phased in order to keep the library operational. The first phase in 2018 completed a Library Lounge area on the first floor. While the library was closed due to COVID-19, a variety of improvements were made on the first and second floors, including a new Teen Room (designed with community input), new service desks, and gender-neutral restrooms.
KEY FEATURES
HISTORIC RENOVATION
OF CARNEGIE LIBRARIES
EXTENSIVE COMMUNITY
OUTREACH
NEW ADMINISTRATIVE
HEADQUARTERS FOR
COUNTY LIBRARY
SIGNIFICANT EXPANSION
PROJECT INFORMATION
Location: Portland, OR
Client: Multnomah County
Public Library
Construction Budget:
Albina $28M
North Portland $6.8M
Size: Albina 30,000 SF
North Portland 9,044 SF
Completion Date: In Progress
Team Members: Chris Noll,
Trina Goodwin, Nadia Colquiett
MULTNOMAH COUNTY LIBRARY RENOVATIONS
Noll & Tam and LEVER Architecture are working with Multnomah County to expand and renovate two historic Carnegie library buildings in Northeast Portland: the North Portland Library and the Albina Branch Library. The projects have involved extensive community engagement efforts (with more than a dozen engagement activities conducted, including a YODA [Youth Opportunity Design Approach] teen process) to seek feedback from BIPOC and marginalized communities to ensure equitable and just outcomes without compromising the historic integrity of the buildings. The library’s new Black Community Cultural Center was conceived in response to community voices during the engagement process.
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 11
KEY FEATURES
RENOVATION OF MIDCENTURY MODERN
LIBRARY
COMMUNITY ROOM
INTERIORS/FF&E
CONNECTION TO OUTDOOR
SPACE
LEED SILVER
ADA UPGRADES
STUDY ROOMS
PROJECT INFORMATION
Location: Santa Clara, CA
Client: City of Santa Clara
Construction Cost: $4.2M
Size: 8,400 SF
Date Completed: Aug. 2018
Team Members: Chris Noll,
Trina Goodwin
SANTA CLARA MISSION BRANCH LIBRARY
Noll & Tam was hired to complete the remodel and expansion of the Mission Branch Library in Santa Clara. Working collaboratively with library staff and patrons, Noll & Tam created a design which updated both the library’s exterior and interior with the goals of improving accessibility, increasing access to technology, improving energy efficiency, and creating a modern, vibrant space that reflects the community. We updated the Community Room, Reading Room, kitchen, restrooms, staff area, mechanical room, server room, and existing exterior patios and pathways. Additionally, we added four new study rooms, a new patio adjacent to the Community Room.
KEY FEATURES
EXTENSIVE COMMUNITY
ENGAGEMENT PROCESS
NATIONAL AIA/ALA
LIBRARY BUILDING AWARD
WINNER (2019)
FLEXIBLE COMMUNITY
ROOM
CHILDREN’S/TEEN AREAS
MAKERSPACE
FF&E
INDOOR-OUTDOOR
CONNECTION
LEED PLATINUM/ZNE
PROJECT INFORMATION
Location: Half Moon Bay, CA
Size: 22,000 SF
Construction Cost: $18.9M
Client: City of Half Moon Bay
Date Completed: June 2018
Team Members: Chris Noll,
Alyson Yarus, Trina Goodwin
HALF MOON BAY LIBRARY
Noll & Tam worked with the City of Half Moon Bay on the design of a new 22,000 SF library that replaced an existing 7,285 SF facility. The library, a regional branch of San Mateo County Libraries, is a hub of community activity that serves all age ranges and diverse user needs. Noll & Tam’s design honors the coastal and agricultural roots of the community while serving current and future technology needs. The library features daylit interior spaces, outdoor reading plazas, acoustically separated areas for teen activities, quiet reading spaces, and a flexible makerspace. The library opened to great celebration in August 2018.
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 12
KEY FEATURES
NEW CONSTRUCTION
OUTREACH PROCESS WITH
COMMUNITY ADVISOR
TASKFORCE
COMMUNITY MEETING
SPACE
CHILDREN’S/TEEN AREAS
FF&E
SENSE OF PLACE/
COMMUNITY IDENTITY
QUIET READING ROOM
OUTDOOR CONNECTION
PROJECT INFORMATION
Location: Capitola, CA
Size: 11,700 SF
Construction Cost: $13.2M
Client: City of Capitola
Date Completed: June 2021
Team Members: Chris Noll,
Amy Watson, Trina Goodwin
CAPITOLA BRANCH LIBRARY
Noll & Tam worked with Santa Cruz Public Libraries and the City of Capitola to design the new Capitola Library. A strong public outreach process, with presentations and discussions with the community, client stakeholder group, and at city council meetings, helped us develop the right program and library for the community and the neighborhood. The library features flexible, modern spaces in a building that feels unique to Capitola through the use of site-specific materials, local art, and whimsical furniture that gives personality and reinforces a sense of place. Reflecting the city’s natural setting and beauty, the design incorporates quiet, outdoor reading spaces and a pedestrian connection to a nearby creek.
FACILITATION OF PUBLIC MEETINGS & CONSENSUS BUILDING
Noll & Tam and Contigo have
extensive experience in building
consensus and working with diverse
communities.
COMMUNITY ENGAGEMENT
TOOL KIT
As a firm specializing in public
buildings, Noll & Tam engages with
community groups on nearly all of
our work. Over the past 30 years,
on more than 70 public projects,
we have hosted nearly 300 unique
engagement activities. We have
documented this work in a Design
Engagement Tool Kit (which can
be viewed/downloaded at the link
below). Through this work, we have
hosted large-scale community
meetings, focus group discussions,
one-on-one interviews, and
numerous pop-ups.
Design Engagement Tool Kit
Link to download
HALF MOON BAY LIBRARY
For the Half Moon Bay Library,
the Noll & Tam team worked with
a diverse community that had
competing interests about how public
funds should be spent. Through
an open and sometimes difficult
process, we were able to come to
a compromise solution that the
community ultimately embraced.
“Ensuring that the community feels
represented is important for the
success of the project; activities
that allow for public feedback can
help develop a sense of trust in the
project team, as well as community
ownership of the project overall.”
—Annie Mailey, Branch Manager,
Half Moon Bay Library
MULTNOMAH COUNTY
LIBRARY RENOVATIONS
Noll & Tam’s work in Portland,
Oregon, to restore and expand
two historic Carnegie libraries in a
traditionally Black neighborhood
incorporated more than a dozen
public engagements. As one outcome
of this process, the Library elected
to create a Black Community
Cultural Center—a special new
area of the library to celebrate and
honor the Black experience in the
neighborhood.
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 13 OUR PARTNER: CONTIGO
For the Richmond Main Library
project, we are joined by Contigo
Communications, who worked
recently with the City of Richmond
on a Community Needs Assessment
for prioritizing ARPA (American
Rescue Plan Act) funds. This work
included nearly a dozen focus
groups with citizens in Richmond,
as well as meetings with individual
stakeholders. As a result, our
team brings direct experience
with outreach to the Richmond
community.
RANKING/
PRIORITIZING NEEDS
We have direct and extensive
experience in ranking and prioritizing
project needs vis-a-vis construction
budget limitations. Given the high
cost of construction recently and
the inflationary period we have been
experiencing, we enage in proactive
and thoughtful management
approaches on all of our projects to
ensure budgets are met.
• Comprehensive Building
Evaluations: We believe in doing
our homework up front the more
we can uncover early in the process
the better we are able to address
challenges.
• Accurate Cost Estimating: Working
with our cost estimator we
gather costs for each essential
problem from accessibility and
code upgrades to understanding
the building system costs, and
upgrades to interior finishes.
Each item must reflect necessary
contingencies and escalation.
• Targeted Interventions: We can
then work with the city through
the “must do” items and things that
will make the biggest impact on
refreshing the building. Through
this process we come up with a
plan for moving forward. that fits
the construction budget.
• Tools for Understanding Choices:
We use multiple tools, we create
a “shopping list” of options so
stakeholders can understand the
cost implications of choices, and
a “lookbook” of options showing
renderings so people can visualize
the “what ifs” of options.
MANAGEMENT
APPROACH
Over many years of preparing
documents for public bids, Noll
& Tam has developed a rigorous
approach to ensure quality and
thoroughness of construction
documents, plans, and specifications.
Starting with highly experienced
staff, we carefully plan our work
and the products we will deliver
at each project milestone and
incorporate independent quality
assurance reviews in each phase. At
each milestone submittal, a senior
Noll & Tam architect not directly
involved with the project conducts
an in-house peer review to test areas
of the documents for any needed
improvement. This is our standard
process, and our review extends
to the documents prepared by
our subconsultants to help assure
that drawings, specifications, and
estimates are consistent, complete,
well-coordinated, and clear.
ABILITY TO MEET
SCHEDULE/BUDGET
Schedule Control. Noll & Tam
has a strong track record of
meeting schedule commitments
and managing project staffing
and delivery. We carefully plan a
realistic and achievable schedule
at the outset and commit our
full design team—including all
subconsultants—to meeting this
schedule, and we monitor progress
carefully throughout. We have chosen
our subconsultant team based on
existing trusted relationships with
them over the course of multiple
previous successful projects. We work
only with subconsultants that have
proven themselves reliable.
Cost Control. All design decisions
have cost implications, and all
projects have finite budgets. At the
beginning of each of our projects, the
Noll & Tam design team reviews and
confirms the project’s program and
budget. For most of our projects, we
initiate an interactive process with
our cost estimator at the start of a
project and produce detailed cost
estimates at appropriate points in
the design process. As we progress
through the subsequent design
phases with our cost estimator, we
test and fine tune the program and
budget and incorporate feedback
from building users and staff.
We carefully review the estimates,
and ask that our consultants do so
as well. The estimate detail helps
us understand how a bidder will
interpret our drawings, and gives
us insight into ways the documents
can be made more concise. We are
also able to identify areas where the
scope of the project can be adjusted
to bring costs into alignment with the
budget.
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NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 14
4. QUALIFICATIONS OF KEY PERSONNEL
Our design team brings together the
talents of experts who understand
public libraries. Below are bios of
the key individuals from the core
team of Noll & Tam and Contigo
Communications who are proposed
to work on this project. Our full
consultant team and key staff are
shown in the organizational chart
on page 15. All of these key staff
have the availability to work on the
Richmond Library project and will be
committed to the project throughout
its duration. Each firm has the ability
to draw upon other in-house staff
if additional resources are needed.
Resumes of all key staff members are
included Appendix A.
CHRIS NOLL, FAIA, LEED AP
PRINCIPAL IN CHARGE
15% PROJECT AVAILABILITY
Chris brings
strong skills in
collaborating
with clients and
directing projects
through all phases
of design while
remaining sensitive to the needs and
concerns of library stakeholders and
users throughout the process. His
role will be to lead the renovation
design process and keep a sharp eye
on the budget. Chris is very familiar
with the needs of 21st century library
facilities and is adept at building
consensus among diverse interest
groups. He has led all of Noll &
Tam’s public library projects and
understands the important factors
that create successful library spaces.
Through his close relationships
with public librarians throughout
the state, Chris stays on top of new
trends in librarianship, and brings a
visionary perspective to the entire
process. Recently, Chris was involved
in the extensive public outreach
process for two branch libraries in
historically Black and underserved
neighborhoods in the Multnomah
County (Oregon) library system.
ALYSON YARUS
PROJECT MANAGER
35% PROJECT AVAILABILITY
Alyson is a
registered
architect and
LEED Accredited
Professional with
more than 28 years
of experience. She
has been with Noll & Tam since 1997
and is an associate principal of the
firm. Alyson’s ability to listen carefully
to clients and user groups while
keeping all aspects of the project
well-organized has enabled her to
continually deliver complex projects
on time and on budget. Alyson
has served as project manager for
many renovation projects that have
involved balancing the needs of
multiple user groups and project
stakeholders with the constraints
of existing infrastructure and strict
project schedules.
AMY WATSON
PROJECT ARCHITECT
35% PROJECT AVAILABILITY
Amy has a strong
background in
space planning,
programming and
interior design,
including furniture
selection. Amy led
the visioning for the Sonoma State
Library Revitalization, and was an
integral part of the Capitola Library
team. She also was project architect
for the Midpeninsula Regional Open
Space District Office Headquarters,
a complex renovation of an older
building that integrates the client’s
vision into their new space. Amy’s
design and visioning skills are
complemented by a strong technical
background. She is able to bring
disparate user groups to consensus
and move projects forward.
TRINA GOODWIN, LEED AP
LIBRARY SPACE PLANNER/
INTERIORS ARCHITECT
30% PROJECT AVAILABILITY
Trina is not only an
experienced and
adept facilitator
of community
engagement, she
offers the unique
perspective of
an architect and interior designer
specializing in space planning and
FF&E. Over the past 25 years she
has developed a specialization in
designing joyful and energizing
community spaces and library spaces.
She will work side by side with Chris,
Alyson, Amy, and Nadia, participating
in all phases of the project and
ensuring that the recommendations
are budget conscious and
appropriate to the context and
community. Trina was heavily
involved in recent branch library
projects for the Multnomah County
Library, engaging in outreach and
translation of input received into the
physical space of the libraries. She
also specializes in selecting durable,
functional and beautiful furniture and
finishes for high-use public spaces.
NADIA COLQUIETT
FF&E
40% PROJECT AVAILABILITY
Nadia Colquiett
is an integral
part of Noll &
Tam’s interiors
team, working on
interior design
options, including
functional, flexible fixture and
furniture elements, for library
renovations/refreshes and tenant
improvement projects. Bringing five
years of experience, Nadia excels at
creating fun, vibrant environments
while being mindful of the budgets
of public clients. She is committed to
the creation of inclusive, accessible
design and expanding diversity in the
design industry.
4415
NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 15 in a wide range of HVAC design
project types, including office
buildings, laboratories, high-rise
residential, commercial kitchens, and
cultural buildings.
Pieter Colenbrander, P.E., LEED AP,
Principal, Electrical Engineering,
OMM (20% Availability). Pieter
Colenbrander is a licensed
professional engineer with over 35
years of experience in the field. Pieter
has served as electrical principalin-charge and project manager for many library projects, both new
construction and modernizations,
as well as building assessments and
master planning efforts.
Amy Muhl, Cost Estimating
Principal, TBD (25% Availability).
Amy Muhl has over 20 years of
experience in providing a full range
of cost management and cost
control services throughout all
design phases, including advising
on construction and overall project
costs, establishing project budgets,
performing value engineering
services, benchmarking and bid
analysis.
Jonathan Tang, PE, LEED AP,
QSD/P, Civil Engineering Principalin-Charge, BKF (20% Availability).
With 21 years of civil engineering
design and construction experience,
Jonathan specializes in projects
including community development,
residential, commercial, educational,
utility infrastructure, and railroad
grade separation projects for local
municipalities and private sector
clients.
Patricia Algara, RLA, ASLA,
Principal Landscape Architect,
BASE (20% Availability). Patricia
is a recognized leader in coalition
building and community-driven
design. She creates landscapes that
immerse children and families of all
backgrounds and abilities in learning,
exploration and play.
SUSANA RAZO
PUBLIC OUTREACH LEAD
30% PROJECT AVAILABILITY
Susana is principal
and founder of
Contigo. Susana
has worked in
community and
stakeholder
engagement her entire professional
career, and in a consulting capacity
for 15+ years. She specializes in
conducting meaningful community
engagement of diverse hard-toreach communities, and in strategic communications while prioritizing
racial equity principles. Susana is a
first generation Mexican American
who was born and raised in San
Francisco’s Outer Mission/Ingleside
and Bayview neighborhoods, and
was the first in her family to attend
college. Susana is fluent in Spanish.
MILTON REYNOLDS
PUBLIC OUTREACH
FACILITATOR
25% PROJECT AVAILABILITY
Milton is part of
the Contigo team
and the founder
of Reynolds
Consulting,
a nationally
recognized equity and inclusion
firm. Milton has three decades of
experience in diversity, equity and
inclusion work. He engages with
a wide range of institutions to
translate aspirations toward equity
into actionable steps. His historical
knowledge base, critical race theory
rooted practice and pedagogical
mastery enable him to design
learning experiences that predictably
expand participants’ knowledge
base, increase their capacity to
communicate across perceived
differences, and equip them with
skills to translate new learning into
sustainable and transformative
actions. Milton grew up in the Bay
Area and lives in San Leandro. He
serves on the board of the Paul K.
Longmore Institute on Disability.
JADE DEFRANCIA
PUBLIC OUTREACH
COMMUNICATIONS MANAGER
40% PROJECT AVAILABILITY
As a marketing and
creative manager
for Contigo, Jade
understands the
importance of
conveying a clear
message to project stakeholders. Her
ability to communicate effectively
helps her to build strong relationships
with team members, clients, and
target audiences. Jade’s passion for
DE&I (Diversity, Equity & Inclusion)
work shows her commitment to
creating inclusive and equitable
environments, and her eye for
design and creative communications
strategies results in visually
appealing and engaging content that
resonates with audiences.
OTHER CORE STAFF
Frederic Knapp, Historic Architect
(25% Availability). Frederic Knapp
has 37 years of experience in historic
preservation architecture. Registered
in California and Arizona, he has
worked in all phases of architectural
practice, from pre-design and
programming to post-occupancy and
forensic investigation.
Ryan Bogart, SE, Structural
Project Manager, ZFA (30%
Availability). Over the past 14 years,
Ryan has served in the role of
structural engineer of record, project
manager, and design engineer for
a wide variety of projects, including
as-needed services for the City of
Richmond.
David Heinzerling, PE, Mechanical
Principal, Taylor (10% Availability).
David Heinzerling is a registered
Mechanical Engineer with experience
4416
NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 16
NOLL & TAM ARCHITECTS
Prime Architect
Chris Noll, FAIA, LEED AP
Principal in Charge
Alyson Yarus,
LEED AP
Project Manager
Amy Watson, AIA,
LEED AP
Project Architect
Trina Goodwin,
LEED AP
Library Space Planner
Nadia Colquiett
FF&E
CITY OF RICHMOND
ORGANIZATION CHART
SUBCONSULTANTS
CONTIGO COMMUNICATIONS
Community Engagement
Susana Razo
Engagement Principal & Project Lead
Milton Reynolds
Engagement Facilitator, Racial Equity Advisor
Jade Defrancia
Engagement Marketing &
Communications Manager
ZFA STRUCTURAL ENGINEERS
Structural Engineering
Mark A. Moore, SE, LEED AP
Structural Principal-in-Charge
Ryan Bogart, SE
Structural Project Manager
TAYLOR ENGINEERS
Mechanical / Plumbing / Fire
Protection
David Heinzerling, PE
Mechanical Principal
Lavanya Muttayan, PE, CPD,
LEED AP BD+C
Plumbing & Fire Protection Principal
O’MAHONY & MYER
Electrical Engineering / Lighting
Pieter Colenbrander, PE, LEED AP
Electrical Principal
David Orgish, MIES, LEED AP
Lighting Design Principal
KNAPP ARCHITECTS
Historic Architecture
Frederic Knapp
Principal
TBD CONSULTANTS
Cost Estimating
Amy Muhl
Cost Estimating Principal
BKF ENGINEERS
Civil Engineering / Surveying
Jonathan Tang, PE, LEED AP, QSD/P
Civil Principal-in-Charge
Walter Stemberga
Survey Manager
BASE
Landscape Architecture
Patricia Algara, RLA, ASLA
Landscape Principal
Martha Clifford
Landscape Project Manager
SALTER
Audiovisual / Acoustics / Telecom /
Low Voltage / Security
Jeremy Decker, PE
Salter Project Manager
Ryan Raskop, AIA, RCDD, PSP, LEED AP
Low Voltage Technology Lead
RED CAR ANALYTICS
Commissioning
Michele Sagehorn, CEM, LEED AP
Commissioning Authority
WJE
Waterproofing
Lee K. Eckert
Waterproofing Project Manager
BRIGHTWORKS
LEED Energy Modeling / Certification
Lauren Fakhoury, LEED AP BD+C, O+M
Sustainable & Healthy Buildings Lead
Alan Cabral, LEED AP BD+C, O+M,
CPM, BCXP
Commissioning & Energy Specialist
LANGAN ENGINEERING &
ENVIRONMENTAL SERVICES
Geotechnical Engineering
Elana Ayers, PE, GE
Geotechnical Engineer
LSA ASSOCIATES
CEQA Support
Matthew Wiswell, AICP
Senior Environmental Planner
Q&A CONSULTING LLC
Hazardous Materials
Que Alicea
Project Manger
Tedd Kattchee
Monitoring & Field Consultant
JE SELLEN CONSULTING
Elevator
Edwin Essary
Elevator Consultant
MATTHEW WILLIAMS DESIGN
Wayfinding / Signage
Matthew Williams
Graphic Design & Wayfinding Consultant
4417
NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 17
5. SUBCONSULTANTS
COMMUNITY ENGAGEMENT
CONTIGO
https://www.contigo-partners.com/
Contigo is a minority womanowned business with over 25 years of experience in strategic
communications, community
outreach, and meaningful
engagement of diverse groups
and hard-to-reach communities.
Contigo’s work includes DEI capacity
building, infrastructure and public
space planning, school projects, real
estate mixed-use developments,
environmental cleanups, strategic
planning and racial equity consulting.
Contigo recently worked with the
City of Richmond on a Community
Needs Assessment to prioritize ARPA
investments.
STRUCTURAL
ZFA ENGINEERS
https://www.zfa.com/
ZFA (located in Richmond) has
50 years of experience includes
providing feasibility studies, seismic
and safety upgrades for the retrofit
and revitalization of existing
structures, and sustainable design for
new construction. ZFA has extensive
experience providing rehabilitation
and remodels to dozens of California
public libraries and provided the
initial structural/seismic evaluation
and development of the 2018
Building Data Sheet for Richmond
Historic Main Library.
MECHANICAL, PLUMBING,
FIRE PROTECTION
TAYLOR ENGINEERS
https://www.taylorengineers.com/
Founded in 1995, Taylor Engineers
is a nationally recognized
engineering firm specializing in
building mechanical systems design,
energy conservation and energy
analysis, energy management and
control system design, and system
commissioning. Taylor has built a
national reputation as experts in
HVAC, plumbing, and fire sprinkler
systems design. Taylor Engineers
addresses critical industry challenges
by utilizing a broad range of analysis
capabilities to effectively enhance
building design and performance.
Through building energy simulation,
Taylor can better inform decisions,
conduct life cycle cost analyses, and
support code and LEED evaluations.
ELECTRICAL, LIGHTING
O’MAHONY & MYER
https://www.ommconsulting.com/
Founded in 1979, O’Mahony &
Myer (OMM) provides full-service
electrical engineering and lighting
design services. OMM has designed
electrical lighting, power, and signal
systems for hundreds of public
libraries, community centers, and
civic centers throughout California.
OMM is proficient in designing stateof-the-art electrical and lighting systems for libraries, to accommodate
the ever-growing technological
requirements of modern civic
buildings. OMM is also a leader in
sustainable design principles, finding
innovative solutions that significantly
minimize energy consumption and
pave the way for achieving LEED
certification.
HISTORIC ARCHITECTURE
KNAPP ARCHITECTS
https://knapp-architect.com/
Knapp Architects specializes in
historic architecture, conservation
services, research, and preservation
consulting. Many of the firm’s
projects have included review under
local standards and guidelines as
well as the National Environmental
Policy Act (NEPA), the California
Environmental Quality Act (CEQA),
the National Historic Preservation
Act (Section 106), and the Federal
Historic Preservation Incentives
Program (federal preservation tax
credits).
COST ESTIMATING
TBD CONSULTANTS
https://www.tbdconsultants.com/
TBD Consultants is a certified small
business providing construction
cost management and project
management services to owners
and professional consultants.
TBD specializes in developing
construction cost estimates based
on the most conceptual information
as well as the detailed and complex
later stages of design. TBD’s team
members are experts in project
delivery, schedule analysis, and
project delivery, schedule analysis,
and project controls services. TBD
provides clients with defensible and
reliable information at all stages of a
project, and lends expertise to control
time and budget, and manage risks
from project inception to completion.
CIVIL, SURVEY
BKF ENGINEERS
https://www.bkf.com/
For over 100 years BKF (located in
Richmond) has successfully planned,
designed, surveyed, and implemented
complex projects. The firm provides
civil engineering, land surveying, and
land planning service for many types
of clients, facilitating the permitting
and expertise requirements of each
project. BKF provides specialty
services such as agency permit
expediting, sustainable infrastructure,
site accessibility, hydrology/
hydraulics, traffic handling designs,
utility location services, automated
construction surveying monitoring
and 3D laser scanning.
4418
NOLL & TAM ARCHITECTS HISTORIC RICHMOND MAIN LIBRARY 18
LANDSCAPE ARCHITECTURE
BASE
https://www.baselandscape.com/
BASE is a woman-owned, minority
business enterprise providing
full-service landscape architecture
services. BASE works with local
communities to ensure that individual
stories are threaded into the fabric of
each project. The team are practiced
leaders in bilingual (English/Spanish
and English/Cantonese) facilitation
and community engagement and
facilitation. BASE emphasizes
sustainable landscapes of learning
and innovation, with measurable
positive impacts on productivity,
health, and well-being.
AV, ACOUSTICS, TELECOM,
LOW VOLTAGE, SECURITY
SALTER
https://www.salter-inc.com/
Salter provides acoustics, audiovisual,
telecom, low voltage, and security
consulting. Founded in 1975,
Salter has consulted on over 800
renovation and historical reuse
projects and thousands of civic
projects varying from libraries,
community centers, event spaces,
and educational facilities.
COMMISSIONING
RED CAR ANALYTICS
https://redcaranalytics.com/
Red Car Analytics offers building
energy advisory and commissioning
services. The team is on a mission
to find reliable carbon neutral
building solutions that scale and
make buildings high functioning,
healthy environments for people
and the planet. Red Car’s experts are
committed and collaborative, and
involved from the beginning to the
end of the project.
LEED ENERGY MODELING &
CERTIFICATION
BRIGHTWORKS
https://brightworks.net/
Brightworks Sustainability, a LEED
Proven Provider of the U.S. Green
Building Council, offers time-tested
approaches to leading project teams
through a certification process.
Brightworks has more than 30 staff
who operate exclusively to manage
LEED and other green building
programs. The firm has managed the
successful certification of over 400
LEED projects.
WATERPROOFING
WJE
https://www.wje.com/
WJE is an interdisciplinary firm of
architects, engineers, and material
scientists providing a wide range of
consulting and research services in
all areas of construction technology.
The firm combines state-of-theart laboratory and testing facilities, nationwide offices, and knowledgesharing systems to provide solutions for both new and existing structures.
GEOTECHNICAL
LANGAN
https://www.langan.com/
Founded in 1970, Langan provides
geotechnical, site/civil, environmental,
and earthquake engineering services
in support of land development
projects, winning awards from the
American Society of Civil Engineers,
Urban Land Institute, California
Preservation Foundation, and the US
Environmental Protection Agency.
CEQA SUPPORT
LSA ASSOCIATES
https://lsa.net/
LSA Associates, established in 1976,
is an employee-owned environmental
consulting firm providing multidisciplinary environmental planning, land use planning, and
regulatory permitting services. LSA
provides expertise in CEQA and
NEPA documentation, biological
resources, wetland permitting,
cultural resources, water quality,
transportation, air quality, global
climate change, and noise.
HAZARDOUS MATERIALS
Q&A CONSULTING
https://www.qaconsulting-llc.com/
Founded in 2020, Q&A Consulting
LLC is a Black American Owned
and Woman Owned business with
extensive experience providing
hazardous materials testing, including
asbestos, mold, lead, soil, and water.
ELEVATOR
JE SELLEN
https://jesellen.com/
JE Sellen Consulting, Inc. specializes
in passenger and freight elevators,
escalators, material lifts, and
handicapped access lifts. The firm
provides new system design and
analysis, modernization, technical
specifications, construction
management, audits, equipment
assessment, and planning related to
vertical transportation equipment.
WAYFINDING, SIGNAGE
MATTHEW WILLIAMS
DESIGN
https://www.matthewwilliamsdesign.
com/
Matthew Williams has over 20
years of experience in designing,
developing, and producing
environmental graphics and
signage programs for a variety of
environments. He has worked with
Noll & Tam on signage and branding
systems for the Hayward Library and
Heritage Plaza Park, Capitola Library,
and Los Gatos Library projects.
4419
Firm Name: Noll & Tam Architects 10/4/2023
Project Title: Richmond Library Renovation
Construction Budget $21,000,000
DISCIPLINE FIRM NAME
TASK 1 DATA
COLLECTION
FEE
TASK 2 CEQA
FEE
TASK 3A
PROGRAM
FEE
TASK3B
CONCEPT
FEE
TASK 3C
COMMUNITY
ENGAGEMENT
TASK4A
SD FEE
TASK4B DD
FEE
TASK 4C CD
FEE
TASK 5
PERMIT/BID
FEE
TASK 6 CA
FEE
TOTAL
DESIGN FEE
REIMBURSABLES
TOTAL DESIGN
FEE WITH
REIMBURSEABLES
BASIC SERVICES:
ARCHITECTURAL Noll & Tam 30,620$ 5,180$ 62,120$ 59,200$ 68,360$ 165,000$ 178,080$ 277,760$ 52,940$ 334,480$ 1,233,740$ 15,000$ 1,248,740$ STRUCTURAL ZFA $ 16,560 $ 2,280 $ 2,280 $ 12,080 $ 2,280 $ 20,600 $ 30,520 $ 45,340 $ 10,880 $ 32,400 $ 175,220 $ 175,220 MECHANICAL Taylor $ - $ - $ - $ - $ - $ 20,110 $ 32,850 $ 39,750 $ 13,470 $ 25,700 $ 131,880 $ 131,880 PLUMBING Taylor $ - $ - $ - $ - $ - $ 6,600 $ 11,100 $ 12,900 $ 5,100 $ 9,000 $ 44,700 $ 44,700
ELECTRICAL/
FIRE ALARM (DESIGN-BUILD) OMM -$ -$ -$ -$ -$ 14,840$ 37,040$ 81,760$ 4,140$ 16,840$ 154,620$ 154,620$ CIVIL BKF $ 3,000 $ 3,200 $ - $ 4,000 $ - $ 12,800 $ 14,400 $ 21,800 $ 9,000 $ 13,600 $ 81,800 $ 81,800 LANDSCAPE BASE $ 6,200 $ - $ 4,640 $ 12,090 $ - $ 12,070 $ 21,070 $ 25,000 $ 3,960 $ 7,520 $ 92,550 $ 92,550 SUB-TOTAL $ 56,380 $ 10,660 $ 69,040 $ 87,370 $ 70,640 $ 252,020 $ 325,060 $ 504,310 $ 99,490 $ 439,540 $ 1,914,510 $ 1,929,510 SUPPORT SERVICES:
ACOUSTIC Salter 4,200$ -$ 2,375$ 2,650$ -$ 5,300$ 8,075$ 12,075$ 1,550$ 10,850$ $ 47,075 47,075$ CEQA: EVALUATION LSA $ - $ 14,750 $ - $ - $ - $ - $ - $ - $ - $ - $ 14,750 $ 14,750 COMMISSIONING Red Car $ - $ - $ - $ - $ - $ 1,500 $ 3,000 $ 4,500 $ - $ 27,000 $ 36,000 $ 36,000 COMMUNITY ENGAGEMENT Contigo $ - $ - $ - $ - $ 96,386 $ - $ - $ - $ - $ - $ 96,386 $ 7,935 $ 104,321 COST ESTIMATING TBD $ - $ - $ 5,640 $ 15,040 $ - $ 18,800 $ 22,560 $ 50,760 $ - $ - $ 112,800 $ 112,800 ELEVATOR Sellen $ 3,835 $ - $ - $ - $ - $ - $ 6,320 $ 5,015 $ 3,835 $ 4,130 $ 23,135 $ 23,135 FF&E
Noll & Tam
Architects 2,120$ -$ 5,240$ 11,120$ -$ 15,360$ 15,360$ 21,880$ 19,080$ 12,200$ $ 102,360 102,360$
FIRE PROTECTION
(DESIGN-BUILD) Taylor -$ -$ -$ -$ -$ 1,200$ 1,500$ 600$ 300$ 1,500$ $ 5,100 5,100$ GEOTECHNICAL Langan $ 15,600 $ - $ - $ - $ - $ - $ 7,050 $ - $ - $ - $ 22,650 $ 9,250 $ 31,900 HAZMAT INVESTIGATION Q & A $ 3,800 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,800 $ 1,370 $ 5,170 HISTORIC ARCHITECTURE Knapp $ 2,700 $ 9,225 $ 900 $ 3,825 $ 4,500 $ 9,000 $ 4,950 $ 11,250 $ 1,800 $ 21,150 $ 69,300 $ 69,300 LEED Brightworks $ 760 $ - $ 760 $ - $ - $ 6,780 $ 16,700 $ 14,780 $ 6,310 $ 23,060 $ 69,150 $ 69,150
LOW VOLTAGE/SECURITY/
AUDIOVISUAL Salter 6,525$ -$ 6,400$ 8,625$ -$ 14,925$ 28,075$ 42,050$ 1,550$ 14,925$ $ 123,075 123,075$
MECH LEED ENERGY
MODELING Brightworks -$ -$ -$ 1,800$ -$ 7,200$ 12,600$ 12,600$ 4,500$ -$ $ 38,700 38,700$ SIGNAGE M Williams $ - $ - $ 1,200 $ 2,400 $ - $ 7,800 $ 12,600 $ 10,000 $ 3,000 $ 11,000 $ 48,000 $ 48,000 SURVEY BKF $ 23,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 23,000 $ 23,000 WATERPROOFING WJE $ 8,860 $ - $ - $ - $ - $ 5,940 $ 9,830 $ 15,160 $ 4,310 $ 16,860 $ 60,960 $ 60,960
STRUCTURAL DESTRUCTIVE
TESTING ZFA $ 30,000 $ 30,000 30,000$
ENHANCED COMMISSIONING RED CAR $ 500 $ 5,500 $ 6,000 $ 6,000 TIER 3 SEISMIC ZFA $ 30,000 $ 30,000 $ 30,000
PV REPLACEMENT DESIGN OMM $ 6,250 $ 6,250 $ 2,500 $ 15,000 $ 15,000
RESILIENCY/GENERATOR
DESIGN - ELECTRICAL OMM/NT $ 9,550 $ 9,550 $ 2,500 $ 21,600 21,600$
LEED CERTIFICATION
ACOUSTICAL SUPPORT Salter $ 6,000 $ 6,000 6,000$
ACOUSTIC TESTING Salter $ 5,000 $ 5,000 $ 5,000
WIRELESS ACCESS POINT
DESIGN Salter/NT $ 9,900 $ 4,400 $ 4,950 $ 19,250 19,250$
TITLE REPORT AND
DEED/BOUNDARY ANALYSIS BKF $ 10,000 $ 10,000 10,000$
SUB-TOTAL $ 111,400 $ 23,975 $ 22,515 $ 45,460 $ 100,886 $ 93,805 $ 204,320 $ 221,370 $ 51,235 $ 164,125 $ 1,039,091 $ 18,555 $ 1,057,646 GRAND TOTAL $ 167,780 $ 34,635 $ 91,555 $ 132,830 $ 171,526 $ 345,825 $ 529,380 $ 725,680 $ 150,725 $ 603,665 $ 2,953,601 $ 18,555 $ 2,987,156 CEQA INITIAL STUDY LSA/NT $ 30,600 $ 30,600
HISTORIC RESEARCH
EVALUATION Knapp $ 15,075 15,075$
FULL FIRE ALARM DESIGN
SCOPE OMM $ 20,000 20,000$
ERRCS Salter/NT $ 3,300 $ 9,900 $ 5,500 $ 18,700 $ 18,700 SUB-TOTAL $ - $ - $ - $ - $ - $ 3,300 $ 9,900 $ 5,500 $ - $ - $ 84,375 $ - $ 84,375 Exclusions:
Cost estimates and value engineering other than requested in the RFP Furniture Services: inventory of existing furniture; management of physical mock-ups, furniture bid process, & furniture order paperwork/payment; scheduling of furniture installation, on-site furniture delivery/installation support; move coordination Public Art/Artist selection and coordination; Donor Recogition Life cycle cost analysis; New Generator Design
Phased Construction – all construction work to be completed in a single phase Arborist Report; Environmental Noise Study; SWPPP/NOI Documentation shall be the General Contractor's responsibility Services listed above may be provided as an additional service.
REQUESTED ADDITIONAL SERVICES:
ARCHITECTS 4420
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT 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: Department:
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, 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. 4421
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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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, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 4423
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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. 4424
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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. 4425
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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 4426
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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.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 4428
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 4429
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 4430
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 4431
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 4433
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 4434
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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. 4435
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Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
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CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
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For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
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Type 2 – Page 1 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
4439
Type 2 – Page 2 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 4440
Type 2 – Page 3 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
4441
September 12, 2023
Finance Department
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager – Internal Services Mubeen Qader, Deputy Director of Finance
Subject: State Audit Corrective Action Plan, OPEB Funding Analysis, GovInvest
FINANCIAL IMPACT: No Fiscal Impact
PREVIOUS COUNCIL
ACTION:
May 2, 2023, May 16, 2023, June 27, 2023
STATEMENT OF THE
ISSUE:
City staff, with the help from GovInvest, is presenting a comparative analysis on the Other Post-Employment
Benefits (OPEB) Funding Policy Impact
RECOMMENDED ACTION: RECEIVE a presentation from GovInvest on a comprehensive analysis regarding the approved funding
policy impact on the Other Post-Employment Benefits
(OPEB) Unfunded Actuarial Accrued Liability (UAAL) –
Finance Department (Nickie Mastay 510-620-6609/
Mubeen Qader 510-412-2077).
DISCUSSION:
On April 4, 2022, the City of Richmond was notified by the California State Auditor that it would be conducting an audit of the City as approved by the Joint Legislative Audit Committee on June 30, 2021. The State Auditor’s local audit program identifies and AGENDA
REPORT
4442
September 12, 2023
supports local government agencies that might be at high risk based upon analysis of the City’s audited financial statements. Richmond’s risk assessment was conducted in February 2021 based upon the City’s June 2020 financial statements.
At the conclusion of the audit, the State Auditors formalized 11 recommendations that were presented to the City Council at the December 20, 2022, City Council meeting.
City staff incorporated the Auditor’s recommendation into a Corrective Action Plan.
The State Auditor’s recommendation number 5 on Other Post-Employment Benefits (“OPEB”) states:
“To improve the city's ability to pay other post-employment benefits, Richmond should, by June 2023 and annually thereafter, implement a policy identifying funds, such as surpluses or one-time revenues that should be contributed to the OPEB trust fund. Staff should conduct an annual analysis to determine whether any funds available to the city are applicable under the city's policy and should present a proposal to the city council to apply those funds to the trust fund.” (California State Audit, 2021-806) On June 27, 2023, the City Council adopted resolutions for the Cash Reserve Policy, the OPEB Funding Policy, and the Pension Funding Policy. The OPEB Funding Policy contains a section titled Funding Policy Contribution Rate. The Funding Policy Contribution Rate states:
“Coordination of the Plan’s Funding and Investment Policies will attempt to minimize the volatility of the employer’s contribution.
a. The City shall seek to contribute the Actuarially Determined Contribution (ADC) rate annually, though it maintains the flexibility to reduce contributions when fiscally necessary.
b. The City shall place 10% of year-end operating surplus (Total Actual Revenues minus Total Actual Expenditures, including Transfers In and Transfers Out) in the General Fund in excess of the City’s Cash Reserve Policy into the Trusts.
c. For the purposes of the ADC calculation, investment return assumptions shall be evaluated by an independent investment advisor on a regular basis (at a minimum of every two years) and should reflect the nature of the investments held in the Plans, and the historical and projected return rates anticipated for the investments.”
The City Council also directed the City staff to bring back an analysis on how the approved funding policy may impact the OPEB Unfunded Actuarial Accrued Liability (UAAL) funding status. Today’s agenda item is a presentation from the GovInvest Consultants on this topic.
4443
September 12, 2023
Next Steps
City staff will continue to provide OPEB Funding Policy review and updates to the City Council on an annual basis.
DOCUMENTS ATTACHED:
None
4444
September 26, 2023
City Council
DATE: September 26, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Bana
Subject: Presentation from the Bay Area Metro Group on Local Government Services - Metropolitan Transportation
Commission and the Association of Bay Area
Government.
FINANCIAL IMPACT: There is no fiscal impact to related to this item.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Deputy Executive Director Brad Paul of Metropolitan
Transportation Commission (MTC) has agreed to provide
an update on MTC and ABAG.
RECOMMENDED ACTION: RECEIVE a presentation from Bay Area Metro Group on Local Governments Services through Metropolitan
Transportation Commission (MTC) and the Association of
Bay Area Government (ABAG) - Councilmember Soheila
Bana (510-672-3490). This item was continued from
the September 19, 2023, meeting.
DISCUSSION:
Deputy Executive Director Brad Paul of MTC/ABAG will provide an overview of the Metropolitan Transportation Commission and the Association of Bay Area AGENDA
REPORT
4445
September 26, 2023
Governments. The deputy director will discuss the genesis of both agencies, the merger of the two agencies, who is on the respective boards and the services they provide to the nine Bay Area counties. The presentation will also include the 2050 Bay Area Plan Vision scope, themes and strategies, potential measures in 2024 and more.
DOCUMENTS ATTACHED:
Attachment 1 – Presentation
4446
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