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  City Soliciting a Few Good Land Use Proposals for Point Molate
June 18, 2010

Pursuant to the vote on May 18 by the Casino Four to extend the Point Molate LDA with Upstream until April of 2011 (See Casino Four Hands Out 11-Month Extension of Point Molate Casino LDA May 19, 2010), the City is soliciting a consultant to facilitate and evaluate land use ideas from the public for consideration by Upstream. Nobody really knows what the Council voted on because the City Council Minutes typically lag a month or more after the meeting.

As I understand it, this exercise is to solicit and evaluate ideas for Upstream to consider, not solicit alternative developers.

Proposals to serve as the facilitator are due June 25, so you better hurry.

The City is also soliciting proposals for a consultant to provide oversight to the site remediation to be performed by Upstream.

Both solicitations are shown below.

Request for Proposals

The City of Richmond (“City”), in collaboration with Upstream Point Molate LLC (“Upstream”), is seeking proposals from qualified individuals, consulting firms, or teams (“consultant”) to facilitate public workshops, conduct feasibility analyses on land use alternatives, and prepare a draft report for public circulation and a final report for submission to the Richmond City Council for the now‐closed Point Molate Naval Fuel Depot (“Point Molate”). In 2004, the City selected Upstream to redevelop Point Molate. Public scoping sessions were held in April 2005 to identify land use alternatives for the Environmental Impact Report/Environmental Impact Statement (“EIR/EIS”) currently underway. The City now desires to conduct an additional outreach process to solicit land use proposals from the public on alternative uses of the site. The consultant’s report will provide the City of Richmond comparative information on land use ideas to help in its final determination on land uses for Point Molate. This process will begin in July 2010 and conclude in November 2010.

Scope of Work
The Scope of Work for this assignment includes the following:
 Finalize evaluation criteria for land use proposals – The City will provide draft criteria for the consultant to consider. The consultant will then prepare a draft Evaluation Criteria Summary Sheet listing the criteria that would be used to evaluate the proposals. This draft Evaluation Criteria Summary Sheet would be presented to the public at the first public outreach meeting and then finalized after consideration of public comment, and consultation with City staff and Upstream representatives. Evaluation criteria will include, but not be limited to:
1. Financeability of the proposal
2. Number of jobs created
3. Need for public subsidies
4. Ability of the proposal to pay land purchase price and related infrastructure costs
5. Ability of the proposal to pay City development costs
6. Ability of proposal to provide parks and open space, historic building rehabilitation, remediation shortfalls, and the Bay Trail.
7. Ability of the proposal to generate off‐site economic development spin‐off
 Prepare submittal document‐In order to obtain similar information for each proposal, the consultant would work with City staff to finalize a submittal document for proposals.
 Support and facilitate three public meetings – The first meeting, tentatively planned for July 15, 2010 will solicit input on the draft evaluation criteria, and establish submittal requirements for ideas and proposals to be received from the public between August 1 and September 7, 2010. The second meeting, tentatively planned for August 17, 2010 will be to receive verbal input from the public and written proposals. The third meeting, tentatively planned for October 12, 2010 would be to provide a status report to the public on the progress of the evaluations, and to gather additional input on the ongoing analyses.
 Attendance at City Council meeting‐The selected Consultant would also attend at least one City Council meeting after submittal of the final report, to present and discuss its contents and conclusions.
 Conduct analysis of land use ideas and proposals – The selected Consultant will evaluate the land use ideas and proposals generated through this process according to the Evaluation Criteria finalized above. It is not intended that a detailed site‐specific feasibility study would be conducted for each idea, rather analyses would reference and build upon industry standards and expertise and experiences at other locations in Northern California, as appropriate.
 Prepare interim and final report – The selected Consultant would prepare an interim report on or about October 1, 2010, and a final report on or about November 8, 2010.

Drafts of these reports would be submitted to City staff and Upstream for review and comment prior to finalization.

Questions regarding this RFP are to be directed by e‐mail to: Janet Schneider at janet_schneider@ci.richmond.ca.us. All questions should be in writing and such contact shall be for clarification purposes only. Any questions, which in the opinion of the City warrant a reply or material changes to the scope of services or proposal procedures will only be transmitted in writing to all parties receiving this RFP.

Meeting Venue
The City will provide the meeting space for the public meetings, and will announce the meetings on the City calendar and website.

Proposal Scope and Format
Proposals are due June 25, 2010 by 5 p.m. and should be no more than ten pages of text including attachments. Proposals should include relevant project experience, the names and qualifications of individuals who will be assigned to the project and their roles, and applicable rates, fees and costs for the project. Identify a proposed Project Manager who would be responsible for the day‐to‐day management of project tasks and would be the primary point of contact with the City. Proposals should be submitted electronically to Janet Schneider at the e‐mail address listed above.

Contracting Process and Timeline
City staff and Upstream representatives will jointly review submittals made under this solicitation, and select one or more proposers to interview. Upon selection of a consultant for the assignment, Upstream will directly contract with the selected consultant. While the contract will specify joint City and Upstream oversight of the process, the contract is a private contract and not subject to the City of Richmond procurement procedures.



The City of Richmond (the “City”) is seeking a qualified consultant (as described further in Section 3.0) to provide oversight of the environmental site remediation of the 413-acre former Point Molate Naval Fuel Depot (“Point Molate NFD”). In 2003, the Navy transferred the majority of the former Point Molate NFD to the City consisting of three hundred and seventy one (371) acres following the execution of a Finding of Suitability for Transfer. On July 29, 2008, the Navy and the City entered into an Early Transfer Cooperative Agreement (the “ETCA,” attached hereto as Attachment A). The remaining 10 percent (roughly 41 acres) transferred from the Navy to the City in March of 2010 pursuant to a Finding of Suitability for Early Transfer and the Navy provided $28,500,000 to the City to perform the remaining site remediation activities.

The City has entered into a Land Disposition Agreement with a development entity known as Upstream Pointe Molate LLC (“Upstream”) concerning this site. Pursuant to a Remediation Agreement between the City and Upstream approved on September 2, 2008 (the “RA”, attached hereto as Attachment B), Upstream will assume the City’s remediation obligations under the ETCA. Specifically, the RA provides that:
 Upstream will assume the City’s responsibility for the environmental services required under the ETCA, including achieving regulatory closure in compliance with existing as well as any future cleanup orders, including obtaining necessary land use covenants.
 Upstream will meet any obligations required by the environmental insurance policies in place.
 Upstream must provide quarterly reports to the City, insurance carrier and Navy regarding progress toward completing the required environmental services.
 Upstream must pay any additional site remediation costs beyond the $28,500,000 provided by the Navy.
 Upstream must lead and manage all site remediation efforts.

On November 12, 2008, in light of the ETCA, the San Francisco Bay Regional Water Quality Control Board (the “Regional Board”) issued Site Cleanup Requirements Order No. R2-2008- 0095 (“Cleanup Order,” attached hereto as Attachment C), which prescribed updated cleanup requirements and deadlines for the entire 413-acre Point Molate site. The Cleanup Order named both the City and the Navy as dischargers due to their current and previous ownership of the site respectively; it was anticipated that Upstream would be named on the Cleanup Order in the future if the site is transferred to it. The Cleanup Order was, at the time of its adoption, intended to rescind and replace three prior cleanup orders issued against the Navy: Regional Board Order Nos. 95-235, 97-124, and 97-125. However, on September 15, 2009, the State Water Control Resources Board vacated the Cleanup Order and remanded it to the Regional Board after granting a petition for review (File A-1972) that contended the Regional Board failed to comply with the California Environmental Quality Act (“CEQA”) in conjunction with its adoption. The City, therefore, expects the Regional Board to revise and reissue the Cleanup Order after the City of Richmond certifies the Environmental Impact Report/Environmental Impact Statement for the proposed Pt. Molate project.

A variety of cleanup actions will be required to address residual contamination from military activities at the Point Molate site. These response actions will likely include additional source removal activities, groundwater monitoring, and adoption of institutional controls to assure that the cleanup is consistent with intended reuses of the site. Of particular concern are twenty historic underground storage tanks with a combined fuel and oil capacity of two million gallons. The remanded Cleanup Order required the submission of a number of studies, plans, and reports, but does not require specific cleanup actions. Specifically, the remanded Cleanup Order required the Navy and the City to:
 Establish certain saturated zone soil cleanup criteria for a certain portion of the site;
 Prepare a soil and groundwater management plan;
 Prepare Final Feasibility Studies and Remedial Action Plans for certain portions of the site;
 Prepare an underground storage tank (UST) management plan and schedule;
 Prepare quarterly UST status reports;
 Prepare site remedy completion reports for certain portions of the site;
 Prepare final land use controls;
 Prepare initial and monthly remediation status reports;
 Report discoveries of previously unknown pollution during site redevelopment;
 Prepare a sitewide groundwater monitoring plan;
 Review the Site-1 Landfill Post Closure Maintenance and Monitoring Plan and submit a revised plan.

Although the Cleanup Order issued in 2008 was remanded, the City and Upstream intend to comply with a schedule of deliverables for the tasks outlined above to be attached to the revised and restated Land Disposition Agreement between the City and Upstream Pt. Molate LLC.

Pursuant to the Remediation Agreement, Upstream will discharge the City’s obligations under the ETCA and the Cleanup Order as it may be revised by the Regional Board. Upstream has contracted with the environmental consulting firm Arcadis to conduct ground water monitoring at the site, and prepare various engineering documents and work plans. It may contract with other firms as well.

With this Request for Qualifications (the “RFQ”), the City seeks a consultant who will assist in protecting the City’s interests by overseeing Upstream’s successful discharge of the tasks outlined above and any other imposed site remediation obligations. Essentially, the City consultant’s role would be to monitor progress to ensure Upstream’s deadlines are met, and review proposed technical documents before they are submitted to the Regional Board. The consultant may communicate with representatives of Upstream, Arcadis, other consultants, City staff and Regional Board staff as necessary to ensure that the City’s obligations are being satisfied and the City’s interests are being protected. The City Consultant will report to the City’s Pt. Molate Project Manager and will make recommendations regarding remediation progress. The City Consultant will also review invoices submitted to the City for remediation activities and recommend whether the City’s Project Manager should approve a disbursement from the Navy grant monies. This work likely will require 15 to 25 hours per month. The scope of services will last for one year, with the potential for renewal.

The City seeks a consultant qualified in environmental remediation and engineering, preferably with former military base closure experience, and preferably with experience working as an owner’s representative, to oversee the satisfaction of the obligations described in Sections 1.0 and 2.0. An individual or small firm may be appropriate for this project. Please provide qualifications that contain, at a minimum, the following information:
 Summary: Provide a summary of the firm’s or individual’s overall capabilities, history, recent and related experience, and expertise. The proposed relationships among all key personnel and support staff that are expected to provide consulting services should be identified. Provide information on the firm’s experience related to this RFQ’s scope of work. Provide information on the firm’s current work load, facilities, resources, and experience that clearly demonstrate its ability to successfully complete the project.
 Reference Projects: Provide a list of at least 3 similar projects to this scope of work that the proposed key personnel have completed. Two should have been completed in the last three years. For one of the projects listed provide a description in more technical detail demonstrating the firm’s working knowledge and experience. Describe the approach and methodology used, including any equipment or special software. Describe any supplemental tasks that were deemed necessary or recommended, which enhanced outcome, reduced cost, or expedited delivery.
 Quality Control: Identify how you would ensure adequate performance by Upstream and its contractors in terms of achieving regulatory compliance and quality control.
 Potential Modifications: Based on your professional experience and lessons learned, suggest potential modifications to Section 2.0, Scope of Services, which may allow the City to be cost-effective in meeting its obligations.
 Resumes: Provide a resume for each of the proposed key personnel focusing on relevant experience and the assigned function of each key person related to the contract’s scope of work.
 Pricing/Compensation: Please provide a proposed pricing/compensation structure/package. Please note the City’s insurance requirements (Attachment D), which includes a $5.0 million requirement for professional liability coverage.

Questions regarding this RFQ are to be directed by e-mail to: Janet_Schneider@ci.richmond.ca.us. All questions should be in writing and such contact shall be for clarification purposes only. Any questions, which in the opinion of the City warrant a reply or material changes to the scope of services or proposal procedures will only be transmitted in writing to all parties receiving this RFQ.

Please submit your qualifications electronically to soco_perez@ci.richmond.ca.us no later than 5 p.m. on July 9, 2010