CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Ma nager Phone No:
P.R. No: Vendor No: Contract No32:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Pa yment Limit and Service Plan
Pay ment 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 L
icense 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 w
ith 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 conditio
ns of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Architectural design services for the seismic retrofit and Revitalization of the Historic Richmond Main Library Project.
Public Works
Wendy Wellbrock
[email protected]
(510) 307-8108
16178
6736
✔
1 Noll and Tam Architects
729 Heinz Avenue #7
Berkeley, CA 94710
Chris Noll
(510) 542-2211
[email protected]
40065163
✔
October 17, 2023
October 18, 2023
June 30, 2027
2,987,156.00
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A 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.
Noll and Tam Architects
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Principal
Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A Director of Public Works
12/23/2024
City Manager
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
1. 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 Amendment 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.”
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the f
ollowing tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
Noll and Tam Architects
1 6736
82,190.00
3,069,346.00
Reference the following Exhibits:
- Exhibit A: Additional Service Request No. 1 & 2
- Exhibit E: Special Conditions for ARPA Funding
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A
729 Heinz Avenue #7 | Berkeley CA 94710 | 510 -542 -2200 | www.nollandtam.com Page 1 of 2 Richmond Library Renovation
ADDITIONAL SERVICE REQUEST NO. 1
September 3, 2024
Attn: Wendy Wellbrock
Wendy Wellbrock, Senior Civil Engineer
City of Richmond Public Works
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Re: Richmond Library Renovation, ASR 01 Full Fire Sprinkler Design and Arborist R1
Dear Ms. Wellbrock,
Noll & Tam Architects has amended our previous proposal for architectural consulting services, dated October 18, 2023 to include a scope of work to provide full fire sprinkler engineering during design, bidding and construction phases as attached to this proposal. The proposal is based upon direction your direction after our 1/10/2024 meeting with City Departments. Our understanding of the scope of work and proposed fees is summarized below.
Scope of Work:
• Schematic Design to Construction Administration fire sprinkler design as noted in the attached proposal • Arborist Survey and report as noted in the attached proposal • NT Consultant Coordination time
Phase Deliverables:
• Full Fire Sprinkler Design Drawings and Specifications • Arborist Report
Exclusions:
Services or work products not noted above or as listed in the previous exhibit can be provided upon request as an additional service.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A
March 15, 2024
Amy Watson
Noll & Tam Architects
729 Heinz Avenue #7
Berkley, CA 94710
Project: Richmond Library
Subject: Plans & Specifications Fire Sprinkler Consulting Engineering Fee Proposal Dear Amy:
Taylor Engineers is pleased to provide this fee proposal for Fire Sprinkler consulting services for this project. We will be providing these services as a joint partnership with Donald Dammen, LLC, where Dammen will be engineer of record and Taylor Engineers will provide the drafting services. Taylor Engineers will be the primary contact on the project.
1.0 PROJECT DESCRIPTION
1.1 Overview
A. The project consists of the gut rehabilitation of the main Richmond Library building. The building is 2-stories with a partial basement, totaling approximately 31,000 square feet, located in the City of Richmond, California.
B. Both core/shell construction elements and interior improvements will be included in this project scope, specifically:
seismic upgrades, safety and security upgrades, accessibility, full renovation of the interior including new building systems, exterior glazing system, roof replacement, and site development.
1.2 Schedule
The proposal is based on the following project completion dates:
Schematic Design March, 2024
Design Development July, 2024
Construction Documents January, 2025
Construction Fall, 2026
2.0 SCOPE OF SERVICES
The following is an outline of the fire sprinkler system services to be provided for this project:
2.1 Schematic Design Phase -4A
A. Review the program requirements developed by the Architect and approved by the Owner.
B. Review project budget.
C. Coordinate with Civil Engineer on building utilities requirement for their coordination with local utility departments.
D. Prepare Basis of Design document outlining design intent and how the design will meet Owner’s Project Requirements.
E. This proposal assumes a single 100% SD deliverable.
2.2 Design Development Phase – Task 4B
A. Consult with City inspection authorities to determine special code requirements.
B. Interface with other consultants to coordinate design of sprinkler systems with other building system requirements and/or features.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A
Richmond Library | Plans & Specifications Fire Sprinkler System Consulting Engineering Fee Proposal 2 C. Prepare an outline specification for Fire Sprinkler System.
D. Develop a drawing to show riser and zone control location.
E. Request Fire flow test and water supply information for use in the sprinkler system design.
F. This proposal assumes two drawing deliverables during design development phase: 50% DD and 100% DD.
2.3 Construction Document Phase – Task 4C
A. Develop one complete set of design drawings and specifications in accordance with NFPA 13 – Standard for the Installation of Sprinkler Systems, the California Building Code (CBC), and local requirements. Sprinkler system working drawings to be developed in Revit format and will show the general notes, sprinkler and riser locations, pipe layout, pipe sizes, hanger and sway brace locations, schematic riser diagram, section view, and details.
B. Submit for review and comment at the 50 Construction Documents phase. Incorporate comments and submit at 95 percent stage of design. Sprinklers and piping layout to be provided when the reflected ceiling is finalized.
Submittals prior to finalizing the reflected ceiling will show design criteria only, riser location and schematic riser diagram.
C. Prepare a hydraulic calculation from the remote area to the water source, based upon the water supply data and underground design.
D. Prepare seismic calculations for lateral and longitudinal braces per NFPA 13. Project Structural Engineer to assist in developing the brace calculations.
E. Prepare a submittal booklet that will consist of product data sheets for material and equipment to be used.
F. Submit the final set of documents stamped and sealed by a registered Fire Protection Engineer to the submit to Permit.
G. Revise drawings, calculations and specifications based upon comments from the City. Submit one Permit backcheck set of documents to the Client.
H. Attend (2) design team meetings.
I. Respond to inquiries from bidders during the bid phase. Prepare one addendum with drawing revisions during the bid phase.
2.4 Bidding / Permit Revision Phase – Task 5
A. Respond to requests for information (RFIs) and issue drawing revisions.
B. Provide final 100% IFC drawings, incorporating any permit revisions and bid addenda.
C. Assist in selecting acceptable Fire Protection contractors for the bid list.
D. Review contractor's bids and help in the selection process.
2.5 Construction Administration Phase – Task 6
A. Review shop drawings and submittal data.
B. Attend construction coordination meetings on an as-needed/as-requested basis.
C. Respond to field RFIs and prepare clarification instructions as needed.
D. Review Fire Protection change order requests as required.
E. Review Fire Sprinkler System installation with site visits. Prepare a punch list after each visit of all discovered deficient items requiring correction by the contractor. The table below summarizes the number of trips to the site under this proposal.
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Richmond Library | Plans & Specifications Fire Sprinkler System Consulting Engineering Fee Proposal 3 Discipline During
Construction
Final
Installation
Total site visits
Fire Sprinkler System 2 1 3
F. Review record “as-built” drawings prepared by contractor.
3.0 EXTRA SERVICES NOT INCLUDED
The following services are not included in the basic proposal and shall require additional compensation when such services are requested in writing.
3.1 Special Studies
A. Special environmental impact investigations and related research B. Life cycle cost analyses and energy effectiveness studies C. Special survey or testing work to determine the adequacy, capacity or safety of existing systems or to ascertain the presence, absence or exact location of concealed work shown or implied on record “as-built” drawings of existing facilities
D. LEED analysis, documentation, and services other than for the credits specifically included herein E. Analysis and documentation for California Energy Design Assistance (CEDA) and other utility rebate programs A. Analysis and documentation for WELL Building Standard certification
3.2 Design Services
A. Redesign for reasons not the fault of or beyond the control of the sprinkler system design team, including the following:
1. Changes in project scope or Owner's requirements following the approval of scope and compensation outlined in this document
2. Changes recommended by the owners or architect’s acoustical consultant after the completion of the Design Development Phase
3. Changes to project drawings following the Owner's approval of documents submitted by the fire sprinkler consultants at the completion of the Design Development Phase
4. Changes to Contract Documents subsequent to the Construction Document Phase B. Services to provide designs for deductive or additive alternate bid items C. Employment of special sub-consultants at the request of the Owner or Architect D. Structural analysis or structural design of equipment anchorage and support systems E. Incorporating phasing into the project, including permit phasing (e.g. splitting a single permit package into multiple packages for purposes of over-the-counter submission)
F. Acoustical engineering and consultation
G. Design services for:
1. Beam penetrations in excess of 10 coordinated penetrations
2. Flashing details for building envelope penetrations of pipes, drains, and ducts
3. Site fire protection utilities outside the building
4. Design of any fire protection and detection systems not listed in the Scope of Services, including fire pump, fire alarm, special extinguishing, and underground systems.
5. Preparation of shop drawings
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Richmond Library | Plans & Specifications Fire Sprinkler System Consulting Engineering Fee Proposal 4
6. Preparation of life safety egress drawings
7. Meetings in addition to those specified above, including in-person meetings with design team and/or city meeting, and clash detection meetings.
8. Review of substitutions submitted by the contractor.
9. Site visits beyond the one included during the construction phase, including inspection of pipe prior to installation and witnessing of hydrostatic and waterflow tests.
10. Preparation of formal variances and attendance at variance hearings.
11. Code consulting services.
H. Preparation of construction cost estimates and detailed quantity take-offs
3.3 Construction Administration Services
A. Preparation of maintenance and operating manuals (by contractor) B. Preparation of record “as-built” documents (by contractor) C. Review of structural coordination work such as dimensioning of slab openings and housekeeping pads D. Review of structural calculations related to fire protection work such as seismic bracing and supports E. Life safety systems testing and verification (by 3rd party) F. System commissioning (by 3rd party)
G. Review of change orders that are the result of Owner generated changes, or are generated by other disciplines and/or consultants
H. Trips to the construction site in excess of those listed in Section 2.5E I. Prolonged construction support services should the construction time of any phase of the project exceed 20% of the time stipulated in construction portion of Section 1.2.
4.0 ADDITIONAL UNDERSTANDINGS
4.1 Building Information Modeling (BIM). This proposal includes Revit 3D drawings for all disciplines including coordination and basic clash detection for primary equipment, ducts, and piping. Detailed clash detection is assumed to occur only after the 50% CD issue. Final construction drawings will be Level of Development 300
4.2 Materials and Services Provided by the Architect
A. Informational and coordination prints of project architectural, structural, civil, landscape, etc. drawings as required, and at times requested, by Taylor Engineers for the performance of services outlined herein B. Base floor plans, roof plans, site plans, and architectural title blocks in Revit or AutoCAD format C. Reproduction of drawings, specifications, and reports for in-house distribution to the Architect's staff and record copies of construction documents for the consultant's use
4.3 Insurance Limits
Fees proffered anticipate Professional Liability Insurance burden in the maximum amount of $5,000,000. Should a greater amount of insurance be required, an upward adjustment of quoted fee will be necessary.
5.0 COMPENSATION
5.1 Basic Services
Services described under Section 0, Scope of Services, will be performed for the lump sum fee values outlined below, invoiced on a percent complete basis:
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A
Richmond Library | Plans & Specifications Fire Sprinkler System Consulting Engineering Fee Proposal 5 Phase Sprinkler
System Fee
Schematic Design Phase – Task 4A $1,900
Design Development Phase – Task 4B $12,400
Construction Documents Phase – Task 4C $35,000
Bidding / Permit Revision Phase – Task 5 $2,500
Construction Administration Phase – Task 6 $4,500
Total Basic Engineering Fee $56,300
5.2 Extra Services
Compensation for Extra Services as defined in Section 3.0 shall be paid hourly for all authorized services rendered at the rates indicated below:
Position 2023 Hourly
Rates
Principal $300
Senior Associate $265
Associate $245
Senior Designer/Senior Engineer/Project Manager $220
Designer/Engineer $200
CAD Technician $170
Rates may be reviewed and adjusted at the beginning of each calendar year.
5.3 Reimbursements
Normal expenses including copying, postage, travel within the Bay Area (mileage & parking), are included in this proposal.
Thank you for considering us for this project. We look forward to working with you.
Sincerely,
Taylor Engineers
David Heinzerling, PE
Principal
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A B A S E L A N D S C A P E A R C H I T E C T U R E SAN FRANCISCO · PORTLAND · BASELANDSCAPE.COM June 7, 2024 Amy B. Watson, LEED AP Architect, Associate Principal NOLL & TAM ARCHITECTS 729 Heinz Avenue #7 Berkeley CA 94710 ADD SERVICE FOR ARBORIST SERVICES For Richmond Main Library Renovations Dear Mrs. Watson, Thank you for requesting BASE Landscape Architecture to provide Arborist Services for the renovation of the Richmond Library in Richmond, California. This scope is an additional service to the landscape services contract dated October 3, 2023. This letter outlines the proposed scope of work for the project. I. CONTRACTING PARTIES: A. Client: NOLL & TAM ARCHITECTS Contact: Amy B. Watson, LEED AP Architect, Associate Principal 510.542.2247 707.529.8789 [email protected] 729 Heinz Avenue #7 Berkeley CA 94710 B. Consultant: BASE Landscape Architecture, Inc. Contact: Patricia Algara, Principal-in-Charge 145 A Lower Terrace San Francisco, CA 94114 Tel: (415) 509-3728 [email protected] II. CONTEXT FOR WORK As part of design services for the seismic retrofit and revitalization of the historic Richmond Main Library located at 325 Civic Center Plaza in Richmond, CA, an Arborist report will be required for the removal of existing trees on site and preservation of others in proximity of construction. III. PROJECT APPROACH The Arborist Report will include an inventory of all trees within the scope of the project (ref Exhibit A). The information reported will support data required by the City of Richmond for tree removals as well as protection in support of construction.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A B A S E L A N D S C A P E A R C H I T E C T U R E SAN FRANCISCO · PORTLAND · BASELANDSCAPE.COM IV. DESCRIPTION OF SERVICES All trees will be tagged with metal number tags corresponding to a tree location map and excel inventory data. All trees will have recorded information on species, common name, DBH (Diameter at 4.5' above soil grade), canopy spread, health and structural conditions, suitability for preservation, and pertinent notes. A summary report will also be included as well as tree protection guidelines for trees selected for preservation. Tree Removal Permit Application and any revisions to the tree protection report required by the City will be billed at $220 per hour. Estimate 4 hours. Tree surveys are billed at $30 a tree or $1500, whichever is greater. For office work and report revisions, work is billed by the hour at $220/hour. Arborist will only bill for services rendered. V. BASIS OF COMPENSATION The services listed above are estimated as follows: Arborist Report and Tree Removal Permit Application $3,260 Subconsultant Coordination $ 390 Subtotal BASE: $3,650 VI. TERMS AND CONDITIONS A. BASE acknowledges that it is responsible for coordinating all work and activities of the consultants it hires (if any) pursuant to this Agreement and in addition is responsible for all payments and legal obligations to those consultants pursuant to this Agreement. B. Should the Scope of Services, project Scope or Client’s design directive change materially, or the project schedule or budget change, the total compensation will be adjusted accordingly. C. Streetscape design is not included in this proposal. D. Additional services requested by client but not outlined herein will be compensated for on a Time and Material basis according to BASE standard hourly rates. Written approval will be sought prior to any such work. E. Meetings requested but not specifically listed in the Scope of Services section of the proposal will be considered additional services and be compensated for on a Time and Material basis according to BASE standard hourly rates. F. BASE’s maximum liability is limited to the extent of our fees for services rendered for the particular element of service under dispute. G. This proposal assumes BASE will be provided with all existing documents necessary to perform the required work. Documents may include reproducible electronic/CADD backgrounds, record drawings, and other similar information. It is also assumed that BASE can rely on the accuracy of the given information given. H. Payments due BASE and unpaid beyond 30 days of the due date of invoice will bear finance charges compounded at 1.5% per month.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A B A S E L A N D S C A P E A R C H I T E C T U R E SAN FRANCISCO · PORTLAND · BASELANDSCAPE.COM VII. PAYMENT Payment may be made via check to: BASE Landscape Architecture EIN: 45-5154215 145 A Lower Terrace San Francisco, CA 94114 Respectfully Submitted by: Approved by: BASE Landscape Architecture, Inc. _____________________________ __________________________________ Patricia Algara, PLA, ASLA CA# LA 6691 Principal-In-Charge June 7, 2024 Exhibit A
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ESTIMATE
SBCA Tree Consulting
1534 Rose St
Crockett, CA 94525
[email protected]
www.sbcatree.com
BASE LANDSCAPE ARCHITECTURE
Bill to
BASE LANDSCAPE ARCHITECTURE
SAN FRANCISCO, CA
Ship to
BASE LANDSCAPE ARCHITECTURE
SAN FRANCISCO, CA
Estimate details
Estimate no.: 22-1102
Estimate date: 06/04/2024
# Date Product or service Description SKU Qty Rate Amount
1. Richmond Library
2. Survey Inventory all trees within the scope
provided by Base. All trees will be
tagged with metal number tags
corresponding to tree location map and
excel inventory data. Record information
on:
- Species
- Common name
- DBH (Diameter at 4.5' above soil
grade)
- Canopy spread
- Health and Structural conditions
- Suitability for Preservation
- Pertinent notes
Provide tree location map, tree inventory
data in Excel, and Summary report.
1 $1,500.00 $1,500.00
3. Arborist Report Prepare tree protection guidelines for trees selected for preservation.
4 $220.00 $880.00
4. Office Tree Removal Permit Application and any
revisions to the tree protection report
required by the City will be billed at $220
per hour. Estimate 4 hours.
4 $220.00 $880.00
5. Tree surveys are billed at $30 a tree or
$1500, which ever is greater. For office
work and report revisions, work is billed
by the hour at $220/hour. Arborist will
only bill for services rendered.
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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):
In addition to the General Conditions set forth herein, Contractor (referred to herein as “Recipient”) shall comply with the terms and conditions set forth in the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award terms and conditions which are attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions and the terms and conditions set forth in the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Contract Provisions, the terms and conditions set forth in the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Contract Provisions shall take precedence and shall prevail.
Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024.
Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.
Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic Noll and Tam Architects
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and otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A
603(e) of the Act.
Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”
Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.
Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A
entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on- the- job seat belt policies and programs for their employees when operating company- owned, rented or personally owned vehicles.
Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A Contract Amendment between the City of Richmond and
Amendment No. Contract No.32
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):
Increa sed 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):
Increa sed 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 Coun cil of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increa
sed 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):
Increa sed 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):
Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
Noll and Tam Architects
1 6736
2,987,156.00
2,987,156.00
2,987,156.00
2,987,156.00
2,987,156.00
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
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 and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the 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.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
Docusign Envelope ID: 5D891853-29A4-4982-A171-CD9B22B5FC75 Docusign Envelope ID: 7615A09D-0716-4666-A436-B50A7EC99F6A