32. All Encroachment Agreement applications shall be subject to a public hearing by the granting authority, which shall be the City Council.
(a) The City Council shall conduct a public hearing on the application for an Encroachment Agreement. The City Clerk’s Office shall set a time and place for such hearing, which shall be held within thirty (30) days of the City’s receipt of a complete application.
(b) At least ten (10) days before the public hearing, the City shall make available to the public copies of the Encroachment Agreement application in the office of the City Clerk.
(c) Additionally, at least ten (10) days before the hearing, public notice shall be given by posting on, or adjacent to, the involved property.
(d) In addition to the posting of notice, a public hearing notice shall be mailed not fewer than ten (10) days prior to the date of such hearing to all property owners having property, and each residential or other unit, within three hundred (300) feet of the application’s subject property.
(e) After receiving public comment at the hearing, the City Council shall approve, deny, or modify the Encroachment Agreement based on the required findings of Section
12.30.190 within thirty (30) days following the hearing.
(f) Findings for approving an Encroachment Agreement are set forth in Section
12.30.190(a)(1)(A-F).
(g) The City shall promptly notify the Applicant in writing of its decision on the Encroachment Agreement application. The City shall also mail notice of its decision to members of the public who have requested notice.
PART 4 – EASEMENTS
12.30.210 – Easements
(a) In addition to any other method for the creation of an Easement, an Easement may be created by a recorded declaration and covenant of Easement made by an owner of real property to the City, or granted by the City, in accordance with the procedures set forth in this chapter.
(b) Purpose. An Easement may be created pursuant to this chapter for one or more of the following purposes: parking, ingress, egress, emergency access, light and air access, landscaping, open space purposes, or other purposes in accordance with law.
(c) Methods of Creation.
(1) Dedication.
33. (A) With City’s consent, an irrevocable offer of dedication may be made of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public Easements, parks, or other public places.
(B) Dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property and in a form approved by the City Attorney.
(C) Such offer of dedication, when recorded in the office of the county recorder where the property is located, shall be irrevocable. Any offer must be accepted to be effective pursuant to section (B), above. Once the offer is recorded and irrevocable, it can be accepted by the City Council.
(D) Offer of dedication for street and highway purposes may be terminated and right to accept offer may be abandoned pursuant to the Street Vacation provisions below, in Part 5.
(E) The above procedure shall be alternative to any other procedure authorized by law.
(2) Ordinance.
(A) The City Council may adopt an ordinance pursuant to Government Code Section 65870, et seq., imposing a private covenant for a public Easement as follows:
(1) Recording a covenant of Easement made by an owner of real property to the City.
(2) At the time of the recording, all real property benefited or burdened by the covenant shall be in common ownership.
(3) Covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, except that it shall not merge into any other interest in the real property.
Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property.
(4) A covenant of Easement so recorded shall describe the real property subject to the easement and the real property benefited thereby. The covenant of Easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant.
34. (5) A covenant executed pursuant to this section shall be enforceable by the City. Covenants shall run with the land and shall be equitable servitudes. The City’s interest may include the streets and highways and other interests abutting the burdened property.
(6) The creation or release of the interests may require review by the Planning Commission for conformity with the General Plan under California Government Code Section 65402.
(7) Ordinance shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by the agency designated by the ordinance for that purpose. The hearing shall be held at the request of any person whether or not that person has title to the real property.
(8) Upon a determination that the restriction of the property is no longer necessary to achieve the City’s land use goals, a release shall be recorded by the City in the county where the restricted property is located.
(9) The ordinance may provide for the imposition of fees to recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.
PART 5 – STREET VACATIONS
12.30.220 – Street Vacations
(a) Under certain conditions, an existing public Easement may no longer be necessary due to a variety of reasons such as changed conditions, topography, etc. The property owner can seek a vacation of an Easement by submitting an application and paying the applicable fees. The City typically only has Easement-holder status in the ROW of public streets, alleys, or walks, and the adjoining property owners have the underlying fee interest. Applicant should contact a title company to perform a title search of the underlying fee interest of the proposed vacation area prior to submitting application. If the City owns the underlying fee interest, a request for purchase of the City-owned property must be processed through the appropriate City department. (b) Applications may be obtained from City Engineer. Requirements include payment of filing fees as listed in the Master Fee Agreement, signature of the applicant, a legal description, and a scaled plot plan.
12.30.230 – Summary Vacations
(a) Pursuant to California Streets and Highways Code section 8300, et seq., if the vacation affects a street or highway, the following circumstances will qualify for a summary vacation:
35. (1) The street or highway has been superseded by relocation, and the vacation would not terminate all access to another person’s property or terminate a public service Easement; or
(2) For a period of five (5) consecutive years, the street or highway has been impassable for vehicular travel, and no public money was expended for maintenance purposes during the same period; or
(3) The street or highway is excess ROW and not required for street or highway purpose(s); or
(4) The portion of a street or highway to be vacated lies within property under one (1) ownership and does not continue through such ownership or end touching property of another.
(b) If the vacation would affect a public service Easement, the following circumstances would qualify for summary vacation:
(1) The Easement has not been used for its dedicated purpose for five (5) consecutive years immediately preceding the proposed vacation; or
(2) The date of dedication or acquisition is fewer than five (5) years, but more than one (1) year, immediately preceding the proposed vacation, and the Easement was not used continuously since that date; or
(3) The Easement has been superseded by relocation, and there are no public facilities located within the Easement.
12.30.240 – General Vacations
If the proposed vacation does not meet any of the criteria in Section 12.30.230 it is a General vacation.
(a) City Council may, on its own initiative, may hold a public hearing on the street vacation whose process shall follow Streets and Highway Code Section 8300, et seq. and as amended from time to time.
(b) City Council’s decision is final and not subject to appeal. City Council may conditionally approve a vacation and thus any conditions must be complied with prior to the vacation becoming effective.
(c) Once the City Council adopts its Resolution of Vacation, which is then recorded with the County, the vacation shall be complete.
PART 6 – VIOLATIONS—Revocation and other penalties., REVOCATIONS,
OTHER PENALTIES, AND APPEALS
12.30.250 – Violations and Other Penalties.
36. Any violation of this Chapter may be enforced either as an infraction or as a, misdemeanor, or by any remedy available to the City under this Code or under State law.this Code or state or federal law(s). These provisions are equally applicable to enforcement action(s), including of Permits and Encroachment Agreements. Potential enforcement measures include but are not limited to the following::
(1a) Fine. Whenever a City Inspector finds that a video service provider, utilityanyone or special districtany entity subject to this Chapter is placing, or has placed or is placing, an encroachment in the public right-of-wayROW without the appropriate Permit, the video service provider, utility or special district shall be required toCity Inspector will require (1) stop work, if construction is on-going,ongoing; (2) applyapplication for a Permit,; and (3) pay both thepayment of Permit fee and a fine equal to the permit feesame;
(2)
(b) Violations and Penalties.
(1) Working without a Permit may result in an Administrative Citation, a Stop Work Order, and a mandate to apply and pay for the required Permit. (2) The following violations may result in an administrative citation:
(A) General.
(i) Failure to abide by the requirements of Chapter 12.30. (ii) Violation of any Permit condition(s).
(iii) Failure apply for and obtain a Permit.
(iv) Failure to maintain a Permit on-site.
(v) Improper public notice.
(B) Excavation (Streets and Paving).
(i) Failure to hold a pre-construction meeting in advance of a “Major Project.”
(ii) Improper site protection (e.g., improper plating, path of travel, barricading, etc.)
(iii) Improper trench trimming.
(iv) Trenches left open after allowed work hours when not backfilled and covered.
(v) Failure to comply with trench restoration requirements. (vi) Improper housekeeping (e.g., failure to remove spoil, dirty site, no sweeping, etc.).
(vii) Failure to provide notice will result in an Administrative Citation and a Stop Work Order.
(viii) Any other excavation code violations.
(c) Suspension. Whenever the
37. When City Engineer finds that a suspension of an encroachment permit is necessary to protect the protection of public health or safety from imminent danger, the necessitates suspension of Encroachment Permit, City Engineer may immediately suspend any such permitthe Permit immediately, pending a hearing for remedial action or revocation. The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such .
12.30.260 – Procedures for Suspension or Revocation.
(a) Within three (3) working days of the emergency suspension to the permittee, by or revocation, City Engineer will give Permittee written notice of same. Notice shall be delivered to Permittee’s last known address by personal service or by first-class mail, postage prepaid, to the last known address of the permittee. The permittee may,. (b) Within fifteen (15) days afterfollowing service of such a written notice offor either suspension, or revocation, Permittee may file with the City Manager a request for hearing regarding the suspension.with the City Manager or his or her designee . City Manager shall schedule a hearing on the suspension or revocation within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee,
(c) After the hearing, if City Manager finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of, the encroachment, he or sheCity Manager shall issue one or more of the following:
(A) An1) Order to correct any particular noncompliance, (B) A;
(2) Revocation of the encroachment permit,
(C) A Permit;
(3) Continued suspension of the encroachment Encroachment Permit, until such time as the dangerous condition is corrected, (D) A;
(4) Modification or reinstatement of the encroachment Encroachment Permit, with necessary conditions as necessary to prevent public harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or
38. his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section
12.30.060(b) of this chapter;
(3) Revocation. The Engineer may recommend that the City (d) City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or (C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of-way or increases the City's liability exposure,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) Material misrepresentations, omissions or inaccuracies were made in the application for the permit.
The Engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. TheCity Manager’s decision of the City Manager or his or her designee may be appealed to the City Council in accordanceby filing a written appeal with Section 12.30.060(b) of this chapter the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.
(Source: Ordinance No. 21-08 N.S.)
12.30.270 – Revocation.
39. (a) City Engineer may recommend that City Manager revoke a Permit or Encroachment Agreement when:
(1) Permittee has violated any provision of this Code or any Permit condition; or (2) Permittee fails to pay any required fees or to post or maintain any bond or insurance this Chapter requires; or
(3) Encroachment for which the Permit was granted adversely affects safety, capacity or integrity of City’s ROW or increases City’s liability exposure; or (4) Encroachment causes City to incur substantial additional maintenance costs; or
(E) Permit application contained material misrepresentations, omissions, or inaccuracies.
12.30.280 – Appeals.
(a) Decisions on Permits and Encroachment Agreements.
(1) Denial. City Engineer shall put their decision to grant or to deny a Permit in writing and deliver it to Applicant within five (5) calendar days following the decision. Notice of a decision to deny the Permit shall enumerate the reason(s) for denial.
(2) Approval. City shall post a notice of decision to approve a Permit at its Engineering Services’ public counter beginning on the date of the decision. The approval notice shall be posted at the site of the encroachment for no fewer than ten (10) calendar days beginning within five (5) calendar days from the date of City Engineer’s the decision. This cumulative period of 10 days shall be known as the “appeal period.”
(b) Appeal Period.
No Permit shall be issued until after the ten (10)-day appeal period expires. If City does not receive a timely filed appeal, it may issue the Permit after the appeal period expires.
If City receives a timely filed appeal, it shall not issue a permit until the appeal’s final resolution.
12.30.290 – Appeals and Hearings.
(a) Any person aggrieved by City Engineer’s decision may appeal by submitting a written appeal to City Clerk within fifteen (15) days of the date of the decision. Appeal fee shall be remitted as listed in the City's Master Fee Schedule at the time of appeal submission.
(b) City Council shall hold a hearing on the appeal at a regularly scheduled meeting not fewer than fourteen (14) days and not greater than forty-five (45) days after City receives the appeal. City shall provide appellant at least ten (10) days’ written notice of the hearing’s date and time. City Council’s decision on the appeal shall be final and binding.
Chapter 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL
DISTRICT ENCROACHMENTS
12.30.010 - Purpose.
The public rights -of-way are unique public resources held in trust for the benefit of the public. These physically limited resources require proper management to maximize their efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public rights -of-way, and to minimize the inconvenience to and negative effects on the public from use of the public rights -of-way by video service providers, utilities and special districts.
12.30.020 - Definitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including B arrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty- Seventh Street.
"City" means the government of the City of Richmond, a chartered city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions and offices thereof. "Communications service equipment" and "communications service facilities" mean the equipmen t and facilities used by a video service provider to provide cable or video service.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right -of-way so as to prevent, obstruct, or
interfere with the normal use of that way, including, but not limited to, the performance of any of the following acts:
(1) Excavating or disturbing the public right -of-way;
(2) Erecting or maintaining any post, sign, pole, fence, guard -rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right- of-way; (3) Planting any tree, shrub, grass or other growing thing within the public right-of-way;
(4) Placing or leaving on the public right -of-way any rubbish, brush, earth or other material;
(5) Constructing, placing, or maintaining on, over, under or within a public right-of-way any pathway, sidewalk, driveway or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facilities, or cable;
(6) Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the public right-of-way which causes or may cause an encroachment. "Engineer" means the City Engineer, or his or her designee. "Facility" means any fiber -optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible thing located in, upon, above, beneath, or across any public right -of-way.
"Major arterial stre et" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue,
Cutting Boulevard, Hilltop Drive, May Road, R.H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty -Second Street and Twenty-Third Street.
"Permittee" means any person, video service provider, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, c ompany, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees or agents.
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usa ge or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.
"Public street" means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the State highway system.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within lim ited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
"Structure" means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard -rail, wall, facility, pedestrian walking path, sidewalk , driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation. "Underground utility district" has the meaning set forth in Chapter 12.48 of this Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public rights -of-way.
"Video service" has the meaning set forth in California Public Utilities Code Section 5830(s).
"Video service provider" has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined in Public Utilities Code Section 5830(b), or open -video system operator as defined in Public Utilities Code Section 5830(n).
12.30.030 - Applicability.
(a) Except as specified in subsection (b), below, before placing any encroachment in, on, over, or under any public right -of-way within the City, a video service provider, utility , or special district must obtain a permit in accordance with this chapter.
(b) Notwithstanding subsection (a), above, no permit shall be required pursuant to this chapter for any of the following:
(1) The actions of any officer or employee of the City or Agency engaged in the discharge of official duties;
(2) The performance of work under contracts to the City or Agency, including work for City or Agency projects;
(3) Encroachments existing prior to the effective date of this chapter; provided, however, that nothing in this chapter shall preclude the Engineer from requiring an appropriate permit or license for or
removal of any such preexisting encroachment where the Engineer determines the encroachment adversely affects the safety, capacity or integrity of the City's public right-of-way;
(4) Maintenance or repair by a video service provider, utility or special district of existing pipes, facilities, conduits or other structures lawfully on or under a public right-of-way where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street; (5) The making of an emergency street cut or excavation in the public right-of-way by a video service provider, utility or special district to repair a broken or defective pipe, facility or conduit lawfully on or under a public arterial street, as may be necessary for the preservation of life and property when an urgent necessity therefor arises and the offices of the City are closed, provided that reasonable vehicular and pedestrian barriers or other traffic controls shall be provided during the performance of any such repairs. The video service provider, utility or special district performing the repair work shall notify the City's Engineering Department and Police Department by telephone at the time any such repair work is commenced and must apply for a permit within one calendar day after the offices of the City are again opened; (6) Tree work, including, but not limited to, planting, trimming, or removal of any new or existing tree within the public right-of-way where a permit has been issued for such work pursuant to Chapter
10.08 of this Code, and no traffic lane closure is anticipated; (7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of Chapter 15.04 of this Code; (8) Street closures for special events specifically approved by the City Council.
(c) Any video service provider, utility or special district encroachment that requires but does not have a permit shall be deemed a violation of this chapter and a public nuisance, which may be abated by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code.
12.30.040 - Application.
(a) An application for a video service provider, utility or special district encroachment permit, including renewal of an existing permit, shall be on a form prescribed by the Engineer, shall be signed by the applicant, and shall include all of the following materials unless the submittal is waived in writing by the Engineer:
(1) The name, address and telephone number of the applicant; (2) The name, address and telephone number of the contractor(s) if any proposed work is to be done by a contractor(s);
(3) The location, purpose, extent and nature of the proposed work; (4) The period of time when the proposed work will be performed; (5) A traffic and pedestrian control plan for the location of the proposed work; (6) A certificate of insurance from the applicant and contractor's insurance carrier in a form satisfactory to the City, and naming the City as additional insureds;
(7) A key map and detailed improvement plan showing all facilities to be located in the public right- of-way, including the material of construction and horizontal and vertical locations with respect to the property lines and grade lines, existing utilities and all other pertinent facilities and information required by the Engineer. Unless exempted by State law, the detailed improvement plan shall be prepared by a California Registered Professional Civil Engineer;
(8) Any other specifications, analyses or materials the Engineer may require to describe the work, its location in and its effect on the right-of-way, including the mode of operation, maintenance and use;
(9) Current maps and records of the underground facilities at the site; (10) The encroachment permit fee set forth in the City's Master Fee Schedule.
(b) For those applications where an aboveground encroachment is proposed, the Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners' association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the public right-of-way, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the Engineer within fifteen (15) days from the date of the letter and prior to the
Engineer's action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(c) In signing the application, the applicant attests that all information provided in support of the application is true and correct. When the applicant has submitted a completed and signed application form, all supporting documents and information, and the required fee, the application will be complete. The Engineer shall act upon an application for a video service provider, utility or special district encroachment permit within sixty (60) days after the application is complete.
(d) A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date of a video service provider, utility or special district encroachment permit or the permit may lapse. A lapsed permit may be deemed a violation of this chapter and the unpermitted encroachment may be considered a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including but not limited to Chapter 9.22 of this Code.
12.30.050 - Findings and conditions.
A video service provider, utility or special district encroachment permit shall be approved by the Engineer upon making the following findings, and shall be subject to all requirements of this chapter and to all of the following conditions:
(1) Findings.
(A) The proposed encroachment has no potential for causing a significant effect on the environment.
(B) The application is complete and all of the necessary supporting information has been provided.
(C) The applicant has made reasonable efforts to erect, construct, use, operate, and maintain facilities underground; provided, however, from and after the effective date of the establishment of any underground utility district, the applicant shall erect, construct, use, operate, and
maintain its facilities underground. Where undergrounding is not feasible (except in any area declared to be an underground utility district), the applicant has made reasonable efforts to co-locate facilities on existing poles or other aboveground structures. (D) The proposed location of the facilities is the best available option to minimize adverse impacts on the use of the public right-of-way and on adjoining properties.
(E) If the application is for a renewal of an existing permit, the permittee is in compliance with the current permit and conditions. (F) With the conditions imposed, the proposed encroachment shall not be detrimental to the public health, safety and welfare. (2) Conditions.
(A) All application materials are incorporated into the permit by reference and all representations made in the application are conditions of permit approval.
(B) The permittee and all of its contractors performing work in the public right-of-way shall secure a policy of broad form commercial general liability insurance naming the City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by the City's risk manager, unless permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or facilities in, on, under or above the public right-of-way. All contractors' policies secured in compliance with this condition shall be in effect for the duration of the contractor's work in the public right-of-way; all permittees' policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the public right-of-way. (C) The permittee and all of its contractors performing work in the public right-of-way shall furnish to the City, and file with the City Clerk, a corporate surety bond to guaranty the faithful performance of the construction of such work and a separate bond to secure payment of the claims of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment
bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the cost of construction of the work to be performed in the public right-of-way. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.
(D) All work done under the permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction and practices in placing encroachments in, on, under or above the public right-of-way. (E) All facilities shall be constructed, operated, and maintained in the time, place and manner that cause the least interference with the public's use of the public right-of-way, the City's management and use of the right-of-way, and the rights or reasonable convenience of property owners who adjoin the public right-of-way.
(F) Except when emergency repairs are required, at least forty-eight (48) hours prior to commencing any work that will obstruct or impede the flow of vehicular and/or pedestrian traffic, the permittee shall post the area that will be affected with notifications satisfactory to the Engineer.
(G) During construction, the permittee shall keep a copy of the permit issued pursuant to this chapter at the job site.
(H) During construction and maintenance, the permittee shall provide appropriate traffic warnings, safeguards and controls, as approved by the Engineer.
(I) During construction and maintenance, the permittee shall provide temporary pedestrian access facilities as necessary to comply with local, State and Federal law, including the Americans with Disabilities Act, and with the written direction of the Engineer, if any. (J) The permittee shall maintain all structures, facilities, and landscaping within the encroachment area in a safe and clean manner, and shall at all times observe and enforce all applicable local, State, and Federal safety orders, rules and regulations.
(K) The permittee shall promptly remove all graffiti on any structure or facility within the encroachment area.
(L) The permittee shall notify the Richmond Police Department and the Engineer and shall promptly repair any damage to structures or facilities caused by criminal activity, including, but not limited to, theft of copper.
(M) As may be required by Section 4216 et seq. of the California Government Code, the permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work.
(N) Upon the request of any person who has contracted to perform work on a public right-of-way, the permittee shall provide accurate detailed information regarding the location of its existing and proposed structures in the public right-of-way.
(O) To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors ("Indemnitees") against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to, Attorney's and expert fees and court costs, arising out of or connected in any way with the installation, operation and maintenance of any facilities in, or the use of any public right-of-way by, permittee or permittee's employees, officers, officials, agents, transferees, contractors or subcontractors pursuant to the permit or agreement issued under this chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action or demands caused by indemnitee's sole negligence, willful misconduct or criminal acts.
(P) To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a permit issued pursuant to this chapter.
(Q) The City reserves the right to inspect any structure or facility installed in the public right-of-way and to demand of the permittee timely correction of any deficiencies in operation or maintenance. The City further reserves the right to demand at any time that within ten (10) business days the permittee produce current, complete and accurate maps, plans, diagrams, and records pertaining to any structure or facility installed in the public right-of-way. (R) Installation or construction of structures and facilities in the public right-of-way shall be completed and all construction-related damage to the public right-of-way shall be repaired within two (2) years from the date the encroachment permit is issued, unless for good cause the Engineer grants a written extension of the time to complete installation, construction or repair.
(S) The permittee shall operate and use the structures and facilities placed in the public right-of-way solely and exclusively for the purposes and uses expressly stated in the application. A change in purpose, use, or operator of the structures and facilities requires approval of a transfer in accordance with Section 12.30.080 of this chapter.
(T) The Engineer reserves the right to suspend
the encroachment permit if necessary to protect the public from imminent danger and to take such action as is necessary to correct the condition posing the danger. In the event of an emergency suspension, the Engineer shall notify the permittee and provide an opportunity for a hearing in accordance with the procedures set forth in Section 12.30.090 of this chapter.
(U) If placement of structures and/or facilities in the public right-of-way conflicts with the City's construction, reconstruction or maintenance work in the public right-of-way, the permittee shall, at its own expense, relocate the structures and/or facilities in accordance with Section
12.30.070 of this chapter.
(V) When the facilities and/or structures encroaching in the public right-of-way are removed and/or abandoned, the permittee shall, at its own expense, restore the public right-of-way to a condition the same as or better than its condition before the facilities and/or structures
were installed. Failure to so restore the public right-of-way may be deemed a violation of this chapter and a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code. (W) Such other reasonable conditions, including installation of facilities or structures to address accessibility and drainage, as may be deemed necessary by the Engineer to protect the public health, safety and welfare.
(X) Notwithstanding anything to the contrary in Section 12.30.050(1)(C) of this chapter, whenever any area of the City is declared to be an underground utility district, it shall be unlawful for any video service provider, utility or special district to erect, construct, use, operate or maintain their facilities aboveground.
(3) Where the insurance and indemnification conditions stated in subsection (2), above, conflict with the provisions of a franchise or other agreement between a video service provider, utility or special district and the City or State, the provisions of such franchise or other agreement shall apply. (4) A video service provider, utility or special district encroachment permit shall terminate on the date specified therein, or upon abandonment of the facilities and/or structures constructed pursuant to such permit. If no date is specified in the encroachment permit, it shall be considered to be of indeterminate duration.
12.30.060 - Posting and appeal.
(a) Posting of Decision. The Engineer's decision to grant or to deny a permit shall be in writing and shall be delivered to the applicant within five (5) calendar days of the decision. Notice of a decision to deny a permit shall specify the reason(s) for denial. Notice of a decision to approve a permit shall be posted at the City of Richmond Engineering Services public counter commencing on the date of the decision and shall be posted at the site of the approved encroachment for a period of not less than ten (10) calendar days commencing within five (5) calendar days from the date of the decision (cumulatively, the "appeal period"). No permit shall be issued until after the expiration of the appeal period, if no appeal is timely filed, or until the final resolution of any appeal.
(b) Appeal. Any person aggrieved by the Engineer's decision on a video service provider, utility or special district encroachment permit application may appeal by submitting a written appeal to the City Clerk, along with the applicable appeal fee as provided in the City's Master Fee Schedule, within fifteen (15) days of the date of the decision. The City Council shall hold a hearing on the appeal at a regularly scheduled meeting not less than fourteen (14) days and not more than forty-five (45) days after receipt of the appeal, and shall give the applicant and the appellant at least ten (10) days written notice of the date and time of the hearing. The decision by the City Council on the appeal shall be final.
12.30.070 - Relocation of facilities.
(a) If any future construction, reconstruction or maintenance work is required by the City or Agency in the public right-of-way that necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's sole expense, unless such requirement is in conflict with any applicable State or local statute or franchise.
(b) When relocation is required, the Engineer shall make written demand of the permittee that the encroachment be relocated within the public right-of- way to a satisfactory location provided by the Engineer, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation.
12.30.080 - Transfer.
No video service provider, utility or special district encroachment permit may be transferred by the permittee to another person or entity without the express written consent of the Engineer, at his or her sole discretion.
12.30.090 - Violations—Revocation and other penalties.
Any violation of this Chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or
under State law. Potential enforcement measures include but are not limited to the following:
(1) Fine. Whenever a City inspector finds that a video service provider, utility or special district subject to this chapter has placed or is placing an encroachment in the public right-of-way without the appropriate permit, the video service provider, utility or special district shall be required to (1) stop work, if construction is on-going, (2) apply for a permit, and (3) pay both the permit fee and a fine equal to the permit fee;
(2) Suspension. Whenever the Engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the Engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of
the encroachment, he or she shall issue one or more of the following:
(A) An order to correct any particular noncompliance,
(B) A revocation of the encroachment permit,
(C) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected,
(D) A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the
decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section
12.30.060(b) of this chapter;
(3) Revocation. The Engineer may recommend that the City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or (C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of-way or increases the City's liability exposure,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) Material misrepresentations, omissions or inaccuracies were made in the application for the permit.
The Engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060(b) of this chapter.
(Source: Ordinance No. 21-08 N.S.)
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Chapter 12.29 - STREET OPENING AND PAVEMENT RESTORATION REGULATIONS
12.29.010 - Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.
To achieve the purpose of this chapter, the City of Richmond shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve-month period.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.020 - De�nitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbour Way, MacDonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue, and Thirty-Seventh Street.
"Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete."
"Chip seal" (see the definition of "Slurry seal").
"City" means the City of Richmond, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to
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prevent, obstruct, or interfere with the normal use of that way, including but not limited to the
performance of any of the following acts:
(1)
(2)
(3)
(4)
(5)
(6)
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or
subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;
Constructing, placing, planting, or maintaining any structure, embankment, e xcavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, his or her designee.
"Excavation" means any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an encroachment permit.
"Excavator" means the applicant/permittee to whom an encroachment permit is issued for the purposes of e xcavation.
"Facility" means any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.
"Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty- Third Street.
"Major defects" means any defects greater than the deficiency tolerances specified in the City of
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Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual
Contract Plans and Specifications.
"Micro paving" (see the definition of "Slurry seal").
"Micro surfacing" (see the definition of "Slurry seal"). "Permittee" means any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee.
All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.
"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.29.030.A, below).
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
"Public street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the State highway system.
"Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than ½ inches in thickness.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area.
"Street overlay" means one or more courses of asphalt construction on an existing pavement; usually
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greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.
"Structure" means any physical alteration or improvement, including but not limited to a building,
post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.
"Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal
Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way.
"Wearing surface defects" mean the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.030 - Prohibition period.
(a) Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of at least a ½-inch thick layer of asphalt.
For those streets with chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:
(1)
(2)
(3)
(4)
(5)
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service e xists.
Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
(b) To excavate in a prohibition street a waiver must be obtained.
(1) To request a waiver, the applicant must submit a written request to the engineer. The
request must include:
(A)
(B)
The location of the excavation.
Description of the work to be performed.
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(C)
(D)
(E)
(F)
The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition p eriod.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
(2) Any excavation in prohibition streets will be repaired with full lane width paving on the
street as follows (refer also to Section 12.29.070, Paving):
(A)
(B)
(C)
(D)
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following
conditions apply:
(i)
(ii)
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purp ose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
(3) Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid e xcavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
(a) Any and all construction work within the public right-of-way shall require an e ncroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
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(b)
(c)
The permit application may be obtained from the City of Richmond Engineering Services
Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
(1)
(2)
(3)
(4)
(5)
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for e mergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e -mail address if available) of the person who will receive all office correspondence from the City of Richmond.
(d) All applications shall include plans indicating the following:
(1)
(2)
(3)
(4)
(5)
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
(A)
(B)
(C)
(D)
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
(6) The location of any existing underground facilities and the location of underground
facilities to be installed showing:
(A)
(B)
(C)
(D)
Conduit vaults, maintenance holes, pipes, e tc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be
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installed.
(7) Cross section of a typical trench indicating:
(A)
(B)
(C)
(D)
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a
licensed civil engineer, when legally required.
(8)
(9)
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
(e) All excavation permit fees are due at the time the permit is issued. These fees represent the
value of staff time in processing a permit application and are non-refundable.
(1)
(2)
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and
penalties have been paid and all permit conditions are met.
(f)
(g)
(h)
If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.
As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code.
Permittees and excavators shall pay close attention to the location and alignment of all U SA markings while performing their work.
USA Codes are:
Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
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Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
(i)
(j)
(k)
(l)
If an excavator damages other facilities during their excavation work the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping.
Except in an emergency, street cut permits shall be taken out in advance of excavation work.
An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
In the event of an emergency, the excavator shall notify the City of Richmond and apply for a street cut permit for "emergency work" within four (4) hours after the City of Richmond's office opens.
Pre-construction meeting:
(1)
(2)
(3)
(4)
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
For projects that are supposed to be completed within 15 days, and are not completed within the allowed time, the City may issue administrative citations if a pre-construction meeting was not held.
The traffic control plan shall be approved prior to the pre-construction meeting.
(m) Permit duration shall be indicated on the permit:
(1)
(2)
(3)
All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically
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approved for these hours.
(4) Some permits may be valid on specific dates. They may be approved with special
conditions specifying dates:
(A)
(B)
(C)
When work shall be done.
When work shall be completed.
Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A)
(B)
(C)
Sixty (60) days after the start date, if no work has begun.
If the work is not diligently proceeding and there are delays of more than four (4) working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
When the excavation, including the trench restoration, is completed or on the date
specified on the permit as the expiration date.
(6) The work is determined to be proceeding diligently if:
(A)
(B)
After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
(n)
(o)
A valid permit may be extended be requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for e xtension.
If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of the bond funds; all other permit fees are non-refundable.
(1)
(2)
To request a refund, submit a written request to the engineer.
The request shall include:
(A)
(B)
The reason for cancellation or withdrawal.
The permit number.
(p) By accepting a street cut and/or encroachment permit, the permittee and the owner of the
facility(ies) for which the permit has been issued agree:
(1)
(2)
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws,
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rules, regulations, and permit conditions.
(3) To indemnify the City of Richmond against all claims for personal injury or property
damage that may arise in connection with the work.
(q)
(r)
The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the engineer. Permit(s) shall be shown to the City of Richmond employees upon request.
The excavator shall provide public notifications when e xcavating in the public right-of-way.
(1) Minor projects lasting longer than 48 hours but less than 15 working days shall provide 11″ × 17″ posters with 1-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:
(A)
(B)
The names, address, and telephone number of the owner and the permittee.
The start and completion dates of the project.
(2) Major projects lasting 15 working days or longer, the excavator shall:
(A) After the permit has been issued and at least five but no more than 30 calendar days
before the anticipated start date of work, mail or deliver written notice to:
(i)
(ii)
(iii)
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works De partments.
(B) At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain 11″ × 17″ notices in accordance with paragraph (r)(1) above. The
notices must contain:
(i)
(ii)
(iii)
(iv)
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
The name, address and 24-hour telephone number of a contact person.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.050 - Excavation material.
(a)
(b)
(c)
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in
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Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
(a)
(b)
(c)
Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, "Aggregate Base" or suitable material as required by the City of Richmond Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Richmond Standards.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
Compaction tests shall be certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.070 - Paving.
(a) Trenches shall be paved in accordance with the City of Richmond Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Richmond Standards, to a vertical face. The cut shall be a "T-Cut" according to City of Richmond Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box.
Asphalt concrete shall be delivered and compacted in accordance with the City of Richmond Standard Plans and Specifications.
To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed.
(b)
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For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater).
Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.
Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%)
relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch ( 5/16 ″) in ten feet (10′) in any direction.
On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction.
Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.
All painted USA markings shall be removed by the permittee after the work has been completed.
All damaged pavement markings and striping shall be replaced and restored by the permittee.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.080 - Defects.
(a) Depressed trench pavement shall be repaired as follows:
(1)
(2)
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
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The permit inspector will determine the severity of the defect.
(b)
(c)
(d)
(e)
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Richmond reconstructs, repaves, or resurfaces the street.
If there is a trench-related failure after the City of Richmond reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within 1 year of a trench repair.
When the City of Richmond determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.
If the responsible party refuses or fails to make the needed repairs immediately, the City of Richmond
will make the repairs and:
(1)
(2)
(3)
The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.090 - Violations—Revocation and other penalties.
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under State law. Potential enforcement measures include but are not limited to the following:
(a) Fine. If a City inspector finds that a contractor has committed any of the following violations then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule.
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VIOLATIONS PENALTIES
(Not to exceed amount shown)
1. Working without a permit. Administrative
citation, stop work, and apply and pay for
the required permit
2. Excavation without providing public
notice.
Administrative
citation and stop work
3. Beginning a
"Major Project" without having a pre-
construction meeting.
Administrative
citation
4. Violation of
permit conditions.
Administrative
citation
5. Improper site
protection: improper plating, path of travel,
barricading, etc.
Administrative
citation
6. No permit on site. Administrative
citation
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
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10. Non-compliance with trench restoration
requirements.
Administrative
citation
11.Improper housekeeping: failure to
remove spoil, dirty site, no sweeping, etc.
Administrative
citation
12. Other excavation code violations. Administrative
citation
The above fines, when assessed, shall be deducted from the cash deposit required by 12.29.040(e)(1)
of this section or will be paid by the applicant if there is not a cash deposit.
(b) Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The engineer shall, within three (3) working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. I f the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
(1)
(2)
(3)
(4)
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
A modification or reinstatement of the encroachment permit, with conditions as necessary
to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
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(c) Revocation. The engineer may recommend that the City Manager revoke a permit where he or
she finds that:
(1)
(2)
(3)
(4)
(5)
The permittee has violated any provision of this Code or conditions of the permit; or
The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the City's public right-of-way or increases the City's liability exposure; or The encroachment is causing the City to incur substantial additional maintenance costs; or Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.
The engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
Chapter 12.29 - STREET OPENING AND PAVEMENT RESTORATION REGULATIONS
12.29.010 - Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.
To achieve the purpose of this chapter, the City of Richmond shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve-month period.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.020 - De�nitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbour Way, MacDonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue, and Thirty-Seventh Street. "Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete." "Chip seal" (see the definition of "Slurry seal").
"City" means the City of Richmond, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to Richmond, CA Code of Ordinances about:blank
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(1)
(2)
(3)
(4)
(5)
(6)
prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;
Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, his or her designee. "Excavation" means any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an encroachment permit.
"Excavator" means the applicant/permittee to whom an encroachment permit is issued for the purposes of excavation.
"Facility" means any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way. "Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty- Third Street.
"Major defects" means any defects greater than the deficiency tolerances specified in the City of Richmond, CA Code of Ordinances about:blank
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Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.
"Micro paving" (see the definition of "Slurry seal").
"Micro surfacing" (see the definition of "Slurry seal"). "Permittee" means any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee.
All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.
"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.29.030.A, below).
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
"Public street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the State highway system. "Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than ½ inches in thickness.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area. "Street overlay" means one or more courses of asphalt construction on an existing pavement; usually Richmond, CA Code of Ordinances about:blank
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(a)
(1)
(2)
(3)
(4)
(5)
(b)
(1)
(A)
(B)
greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.
"Structure" means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation. "Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way.
"Wearing surface defects" mean the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.030 - Prohibition period.
Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of at least a ½-inch thick layer of asphalt.
For those streets with chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service exists.
Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
To excavate in a prohibition street a waiver must be obtained.
To request a waiver, the applicant must submit a written request to the engineer. The request must include:
The location of the excavation.
Description of the work to be performed.
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(C)
(D)
(E)
(F)
(2)
(A)
(B)
(C)
(D)
(i)
(ii)
(3)
(a)
The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition period.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
Any excavation in prohibition streets will be repaired with full lane width paving on the street as follows (refer also to Section 12.29.070, Paving):
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following conditions apply:
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purpose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid excavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
Any and all construction work within the public right-of-way shall require an encroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
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(b)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(D)
(6)
(A)
(B)
(C)
(D)
The permit application may be obtained from the City of Richmond Engineering Services Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for emergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the person who will receive all office correspondence from the City of Richmond.
All applications shall include plans indicating the following:
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
The location of any existing underground facilities and the location of underground facilities to be installed showing:
Conduit vaults, maintenance holes, pipes, etc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be Richmond, CA Code of Ordinances about:blank
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(7)
(A)
(B)
(C)
(D)
(8)
(9)
(e)
(1)
(2)
(f)
(g)
(h)
installed.
Cross section of a typical trench indicating:
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a licensed civil engineer, when legally required.
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
All excavation permit fees are due at the time the permit is issued. These fees represent the value of staff time in processing a permit application and are non-refundable.
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and penalties have been paid and all permit conditions are met.
If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.
As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code.
Permittees and excavators shall pay close attention to the location and alignment of all USA markings while performing their work.
USA Codes are:
Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
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(i)
(j)
(k)
(l)
(1)
(2)
(3)
(4)
(m)
(1)
(2)
(3)
Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
If an excavator damages other facilities during their excavation work the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping.
Except in an emergency, street cut permits shall be taken out in advance of excavation work.
An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
In the event of an emergency, the excavator shall notify the City of Richmond and apply for a street cut permit for "emergency work" within four (4) hours after the City of Richmond's office opens.
Pre-construction meeting:
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
For projects that are supposed to be completed within 15 days, and are not completed within the allowed time, the City may issue administrative citations if a pre-construction meeting was not held.
The traffic control plan shall be approved prior to the pre-construction meeting.
Permit duration shall be indicated on the permit:
All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically Richmond, CA Code of Ordinances about:blank
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(4)
(A)
(B)
(C)
(5)
(A)
(B)
(C)
(6)
(A)
(B)
(n)
(o)
(1)
(2)
(A)
(B)
(p)
(1)
(2)
approved for these hours.
Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:
When work shall be done.
When work shall be completed.
Before which work shall not start.
Permits expire and become void, unless otherwise amended:
Sixty (60) days after the start date, if no work has begun.
If the work is not diligently proceeding and there are delays of more than four (4) working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
When the excavation, including the trench restoration, is completed or on the date specified on the permit as the expiration date.
The work is determined to be proceeding diligently if:
After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
A valid permit may be extended be requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for extension.
If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of the bond funds; all other permit fees are non-refundable.
To request a refund, submit a written request to the engineer.
The request shall include:
The reason for cancellation or withdrawal.
The permit number.
By accepting a street cut and/or encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws, Richmond, CA Code of Ordinances about:blank
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rules, regulations, and permit conditions.
To indemnify the City of Richmond against all claims for personal injury or property damage that may arise in connection with the work.
The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the engineer. Permit(s) shall be shown to the City of Richmond employees upon request.
The excavator shall provide public notifications when excavating in the public right-of-way.
Minor projects lasting longer than 48 hours but less than 15 working days shall provide 11″ × 17″ posters with 1-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:
The names, address, and telephone number of the owner and the permittee.
The start and completion dates of the project.
Major projects lasting 15 working days or longer, the excavator shall:
After the permit has been issued and at least five but no more than 30 calendar days before the anticipated start date of work, mail or deliver written notice to:
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works Departments.
At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain 11″ × 17″ notices in accordance with paragraph (r)(1) above. The notices must contain:
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
The name, address and 24-hour telephone number of a contact person. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.050 - Excavation material.
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in Richmond, CA Code of Ordinances about:blank
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Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, "Aggregate Base" or suitable material as required by the City of Richmond Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Richmond Standards.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
Compaction tests shall be certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.070 - Paving.
Trenches shall be paved in accordance with the City of Richmond Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Richmond Standards, to a vertical face. The cut shall be a "T-Cut" according to City of Richmond Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box.
Asphalt concrete shall be delivered and compacted in accordance with the City of Richmond Standard Plans and Specifications.
To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed.
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For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater).
Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.
Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%) relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch ( 5/16 ″) in ten feet (10′) in any direction.
On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction.
Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.
All painted USA markings shall be removed by the permittee after the work has been completed.
All damaged pavement markings and striping shall be replaced and restored by the permittee. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.080 - Defects.
Depressed trench pavement shall be repaired as follows:
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
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The permit inspector will determine the severity of the defect.
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Richmond reconstructs, repaves, or resurfaces the street.
If there is a trench-related failure after the City of Richmond reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within 1 year of a trench repair.
When the City of Richmond determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.
If the responsible party refuses or fails to make the needed repairs immediately, the City of Richmond will make the repairs and:
The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.090 - Violations—Revocation and other penalties.
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under State law. Potential enforcement measures include but are not limited to the following:
Fine. If a City inspector finds that a contractor has committed any of the following violations then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule.
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VIOLATIONS PENALTIES
(Not to exceed amount shown)
1. Working without a permit. Administrative
citation, stop work, and apply and pay for
the required permit
2. Excavation without providing public
notice.
Administrative
citation and stop work
3. Beginning a
"Major Project" without having a pre-
construction meeting.
Administrative
citation
4. Violation of
permit conditions.
Administrative
citation
5. Improper site
protection: improper plating, path of travel,
barricading, etc.
Administrative
citation
6. No permit on site. Administrative
citation
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
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10. Non-compliance with trench restoration
requirements.
Administrative
citation
11.Improper housekeeping: failure to
remove spoil, dirty site, no sweeping, etc.
Administrative
citation
12. Other excavation code violations. Administrative
citation
The above fines, when assessed, shall be deducted from the cash deposit required by 12.29.040(e)(1) of this section or will be paid by the applicant if there is not a cash deposit.
Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The engineer shall, within three (3) working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
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Revocation. The engineer may recommend that the City Manager revoke a permit where he or she finds that:
The permittee has violated any provision of this Code or conditions of the permit; or The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the City's public right-of-way or increases the City's liability exposure; or The encroachment is causing the City to incur substantial additional maintenance costs; or Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.
The engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060.B of this Code. (Ord. No. 39-09 N.S., § I, 12-1-2009)
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April 5, 2022
City Attorney's Office
DATE: April 5, 2022
TO: Mayor Butt and Members of the City Council
FROM:
David Aleshire, Interim City Attorney
Subject:
Approval of City Manager Agreement
FINANCIAL IMPACT: This action has an annual financial impact of approximately $443,596 based on total compensation.
All costs are included in the City Manager’s office budget.
PREVIOUS COUNCIL
ACTION:
Ms. Curl was previously appointed as Interim City
Manager on November 23, 2021.
STATEMENT OF THE
ISSUE:
This item involves consideration of approving an
employment contract with Shasa Curl as Richmond’s City
Manager. The proposed agreement sets forth the terms
of employment with Ms. Curl, with an effective date of
April 6, 2022.
RECOMMENDED ACTION:
APPROVE an employment agreement with Shasa Curl
as Richmond City Manager, providing for a three-year
term commencing April 6, 2022, at an initial base salary of $295,000 annually (approximately $443,596 total
compensation) – City Attorney’s Office (Dave Aleshire
510-620-6509).
DISCUSSION:
Shasa Curl has served as the City’s Interim City Manager since November 23, 2021.
Based on her performance as Interim City Manager and upon the direction given by a AGENDA
REPORT
April 5, 2022
subcommittee approved by the Council regarding the City Manager appointment, contract terms were negotiated with Ms. Curl to become Richmond’s permanent City Manager.
Ms. Curl began her career in the City of Richmond in 2003, where she served in the Richmond Community Redevelopment Agency. Prior to Richmond, she worked at the San Jose Redevelopment Agency. Since 2011, Ms. Curl has held various leadership roles in the Richmond City Manager’s Office, including Deputy City Manager, Economic Development, Community & Economic Development Director, and Administrative Chief.
In addition, Ms. Curl serves as a member of the Richmond Promise Board, and previously served on the Nurturing Independence Through Artistic Expression (NIAD) Board.
Ms. Curl has extensive experience in public administration, environmental and health equity, as well as community and economic development. With support and policy guidance from the Richmond City Council, Ms. Curl’s career achievements include leading the successful transition of the Richmond Housing Authority’s (RHA) Housing Choice Voucher (HCV) Program to the Housing Authority of Contra Costa County; working collaboratively with Water Emergency Transportation Authority (WETA) to launch the Richmond/San Francisco Ferry Service; leading the successful launch of the Richmond Rent Program; launching the $35 million Richmond Promise Scholarship and College Success Program; and managing the Richmond Civic Center Renovation project.
Ms. Curl holds a Master of Arts in Urban Planning from the University of California, Los Angeles.
Contract Terms
California Government Code section 54953(c)(3) requires an oral report in an open meeting summarizing the proposed final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a City Manager. Accordingly, the significant terms of Ms. Curl’s proposed employment agreement are outlined below and will be orally summarized at the April 5, 2022 City Council meeting:
Term: 3 years commencing on April 6, 2022 to April 5, 2025.
Annual Salary: Initially $295,000.
Base Salary Increases:
Effective 1/1/23 – Ms. Curl will receive the greater of i) 5.0% or ii) the 12- month percentage change for the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco Area as measured in October of the prior year;
Effective 1/1/24 – Ms. Curl will receive the greater of i) 4.0% or ii) the 12- month percentage change for the CPI-U for the San Francisco Area as measured in October of the prior year; and
April 5, 2022
Effective 1/1/25 – Ms. Curl will receive the greater of i) 4.0% or ii) the 12- month percentage change for the CPI-U for the San Francisco Area as measured in October of the prior year.
Employment Status: The City Manager position is at-will.
Severance: For termination without cause, Ms. Curl would receive 6 months of severance pay, plus an additional month for each full year she works as City Manager, up to a maximum of 12 months severance. However, pursuant to state law, any severance pay could not exceed the number of months left on the unexpired term of the employment agreement. Severance pay would be in exchange for a general release.
Automobile Allowance: $500 per month.
Medical, Vision, and Dental Insurance: The City would pay the premiums for medical, vision, and dental insurance at a level that is equal to the highest benefit schedule provided to any group of exempt City management employees.
Life Insurance: The City would pay premiums for life insurance coverage for Ms.
Curl at a level that is equal to two times salary.
Retirement Benefits (CalPERS): Ms. Curl would continue to be enrolled in CalPERS. She is responsible for the full employee contribution and the City would pay the full employer contribution.
Vacation Leave: Ms. Curl would accrue vacation leave at a rate equal to the highest benefit schedule provided to exempt City management employees with 30 or more years of City service (equal to 30 working days). She will have the option to sell back/ cash out 15 work days of accumulated vacation time each calendar year.
Sick Leave: Ms. Curl would accrue sick leave on an annual basis at a rate equal to the highest benefit schedule provided to exempt City management employees (equal to 1 day per month).
Deferred Compensation and FSA Contributions: The City would contribute $20,500 annually to a deferred compensation plan. It would also contribute annually: i) $2,850 to Flexible Spending Account (FSA) Health Care and ii) $5,000 to FSA Dependent Care for Ms. Curl.
Miscellaneous Benefits: Ms. Curl would generally receive other benefits at a level that is equal to the highest benefit schedule provided to any group of exempt City management employees.
Total compensation for Ms. Curl, including base salary and dollar-cost benefits is approximately $443,596 annually, including:
Compensation Components Amount
Base Salary $ 295,000
Car Allowance $ 6,000
Benefit Package (medical, dental, vision, etc.) $ 35,892
April 5, 2022
CalPERS (Normal Cost +Unfunded Liability) $ 66,255
Other Post-Employment Benefits $ 12,099
Deferred Compensation $ 20,500
FSA Health and Dependent Care Account $ 7,850
Total Estimated Annual Compensation $ 443,596
DOCUMENTS ATTACHED:
Attachment 1 – City of Richmond- City Manager Employment Agreement
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City of Richmond – City Manager Employment Agreement
Table of Contents
ARTICLE I
Section 1.01: Term
Section 1.02: Duties & Authority
Section 1.03: Ethical Commitments
Section 1.04: Nature of Employment
ARTICLE II Compensation and Benefits
Section 2.01: Compensation
Section 2.02: Health, Disability and Life Insurance
Section 2.03: Vacation and Sick Leave
Section 2.04: Automobile Allowance
Section 2.05: Retirement
Section 2.06: Deferred Compensation and FSA Contributions Section 2.07: Miscellaneous Benefits
Section 2.08: General Business Expenses
Section 2.09: Bonding
ARTICLE III General Work Conditions
Section 3.01: Performance Evaluation
Section 3.02: Hours of Work
Section 3.03: Outside Activities
ARTICLE IV Employment Separation
Section 4.01: Termination by Employee
Section 4.02: Termination by Employer
Section 4.03: Waiver of Certain Discipline and Termination Rights ARTICLE V Severance
Section 5:01: Amount of Severance
Section 5.02: Limits to Severance
Section 5:03: Severance Contingent on Release of Claims Section 5:04: Void if Convicted of Crime
ARTICLE VI General Covenants
Section 6.01: Indemnification
Section 6.02: Other Terms and Conditions of Employment Section 6.03: General Provisions
Section 6.04: Notices
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CITY OF RICHMOND CITY MANAGER EMPLOYMENT AGREEMENT
This CITY OF RICHMOND CITY MANAGER EMPLOYMENT AGREEMENT (“Agreement”), is made and entered in to this day of April 5, 2022, by and between the CITY OF RICHMOND, CALIFORNIA AND ITS SUBORDINATE ENTITIES , a municipal corporation (hereinafter called “Employer” or “City” ), and SHASA CURL (herein after called “Employee”), an individual, who by this Agreement will be appointed to the office of City Manager to perform the duties thereof for the City and its subordinate entities. This Agreement is made with reference to the following:
WHEREAS, it is the desire of the City Council of the City of Richmond (hereinafter the "City Council") to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City’s Charter; and WHEREAS, Article IV, Section 1 of the City’s Charter provides that “[t]he City Manager shall be chosen by the Council solely on the basis of [her] executive and administrative qualifications with special reference to [her] actual experience in, or [her] knowledge of, accepted practice in respect to the duties of [her] office. . .”; and WHEREAS, Employee has extensive experience pro viding professional services to the City . Employee began her career in the city of Richmond in 2003, with the Richmond Community Redevelopment Agency. Prior to Richmond, she worked at the San Jose Redevelopment Agency. Ms. Curl has been serving in the Rich mond City Manager’s Office since 2011 in various leadership roles and capacities including Deputy City Manager - Economic Development, Community & Economic Development Director, and Administrative Chief; and
WHEREAS, since November 23, 2021, Employee has served as the City’s Interim City Manager, and Employee’s performance as Interim City Manager demonstrated that she has the executive and administrative qualification s to serve as the City’s City Manager; and
WHEREAS, based on Employee’s executive and administrative qualifications and ability, the City Council desires to employ Employee to serve as the City Manager for the City; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of City Manager professional services to the City; and WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision of City Manager professional services to the City through this Agreement; and WHEREAS, in consideration of the foregoing, the Parties agree as follows:
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ARTICLE I
Section 1.01 Term
The term of this Agreement shall be for the period of three (3) years from April 6, 2022 to April 5, 2025.
In the event the Agreement is not renewed, all compensation, benefits and requirements of the Agreement shall remain in effect until the expiration of the term of the Agreement unless Employee voluntarily resigns or is terminated per the terms set forth in this Agreement.
Section 1.02: Duties and Authority
A. Employer agrees to employ Shasa Curl as City Manager to perform the functions and duties specified in the City of Richmond charter and municipal code and to perform other legally permissible and proper duties and functions as assigned by Employer. Employer res erves the right to amend the job duties and/or job description for City Manager, as it deems necessary and appropriate, without requiring Employee’s acquiescence or an amendment of this Agreement.
However, Employer may not reassign Employee to another position in the absence of Employee’s express written consent to such assignment. Employer shall not unreasonably interfere with Employee’s performance of duties.
B. Employee shall be the chief executive officer of the Employer and faithfully perform Employee’s lawfully prescribed and assigned duties with reasonable care, diligence, skill, and expertise in compliance with all applicable, lawful governing body directives, state, local, and federal laws, Employer policies, rules, and ordinances as they exist or may hereafter be amended.
C. Employee shall attend all meetings of Employer’s governing body, both public and closed, with the exception of those closed meetings devoted to the subject of this Agreement, or any amendment thereto, or the Employee’s evaluation, unless otherwise prohibited by applicable law, regulation, lawful governing body directive, or Employer’s agreement with any other person.
D. Employer will strive to promptly communicate and provide Employee a reasonable opportunity to cure all substantive criticisms, complaints, and suggestions with respect to Employee’s performance of services pursuant to this Agreement.
E. Except as may be provided otherwise by applicable law, regulation, or this Agreement, Employee shall carry out Employer’s lawful policy directives, goals, and objectives, as communicated to Employee by Employer’s governing body, while presenting information and recommen dations that allow for fully informed policy decisions that both address immediate needs and anticipate future conditions.
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Section 1.03: Ethical Commitments
The Employer expects the Employee to adhere to the highest professional standards.
The Employee’s actions shall comply with those standards. The Employee agrees to follow the Code of Ethics of the International City/County Management Association (ICMA), unless otherwise inconsistent with law, and the ethics rules, regulations, and laws of the State of California. The ICMA Code of Ethics can be found on the ICMA website, www.icma.org.
Section 1.04: Nature of Employment
A. Upon appointment to the City Manager position, Employee shall serve at the will and pleasure of t he City Council and understands that she shall be an “at -will” employee. The Employer may terminate Employee at any time as provided in this Agreement with or without cause.
B. Employee understands, acknowledges and agrees that she is excluded from the City’s Classified Service pursuant to Article XIII, Section 3(a)(3) of the City Charter.
C. Employee agrees that the position of City Manager is that of an exempt employee for the purposes of the Fair Labor Standards Act (“FLSA”).
ARTICLE II
Compensation and Benefits
Section 2.01: Compensation
A. Base Salary . Employer agrees to pay Employee an annual base salary of $295,000.00 payable in installments at the same time that the other executive employees of the Employer are paid. Such salary shall be adjusted for payroll taxes, workers’ compensation, and other p ayroll-related liability costs as determined by the City.
B. Increases to Base Salary. Effective the pay period including January 1, 2023, Employee shall be provided a base salary increase to the pay rate in effect before such increase takes effect that is the greater of: i) 5.0% or ii) the 12 -month percentage change for the Consumer Price Index for All Urban Consu mers (CPI- U) for the San Francisco Area as measured in October of the prior year. Effective the pay period including January 1, 2024, Employee shall be provided a base salary increase to the pay rate in effect before such increase takes effect that is the greater of: i) 4.0% or ii) the 12-month percentage change for the CPI-U for the San Francisco Area as measured in October of the prior year. Effective the pay period including January 1, 2025, Employee shall be provided a base salary increase to the pay rate in effect before such increase takes effect that is the greater of: i) 4.0% or ii) the 12-month percentage change for the CPI-U for the San Francisco Area as measured in October of the prior year.
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C. The statement of the schedule of increases above sh all not be deemed a right to receive compensation or such increases after any date of termination whether voluntary or involuntary, other than the severance stated in Article V herein. Upon the performance of the annual review or such other time as Employer may determine, Employer may, in its discretion, provide additional compensation to that stated above. Such adjustments, if any, shall require amendment to this Agreement.
Section 2.02: Health, Disability and Life Insurance
A. The Employer agrees to provide and to pay the premiums for medical, vision, and dental insurance for the Employee at a level that is equal to the highest benefit schedule provided to any group of exempt City management employees.
B. The Employer agrees to provide and to pay the premiums for disability insurance coverage for Employee at a level that is equal to the highest benefit schedule provided to any group of exempt City management employees.
C. The Employer agrees to provide and to pay the premiums for life insurance coverage for Employee at a level that is equal to two times Employee’s salary.
Section 2.03: Vacation and Sick Leave
A. Employee shall be eligible to accrue and use sick leave and vacation leave on an annual basis at a rate that is equal to the highest benefit schedule provided to any group of exempt City management employees, and under the same rules and provisions applicable to other exempt City management employees. However, for the purposes of vacation, the vacation accruals and vacation caps will be equal to an exempt City management employee who has worked for the City for 30 or more years.
B. Vacation leave sell back. Employee shall have the option to sell back up to fifteen (15) workdays of accumulated vacation time each calendar year . The rules applicable to such leave sell back shall be the same as applicable to other exempt City management employees.
C. Sick leave sell back. Provided Employee has used five (5) days or less of sick leave during the preceding calendar year, she may elect to receive pay for twenty- five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period but not to exceed 10 days total. At Employee’s option, such pay for unused sick leave may be converted to equivalent vacation time. Employee shall express her preference by written request to the Director of Finance no later than January 15 each year, and payment will occur no later than February 15 each year. If Employee elects to receive payment in cash or vacation time, her sick leave balance shall be reduced by the amount paid off in cash or converted to v acation. Sick leave not converted to vacation or cash will remain on the employee’s credit. Sick leave shall have no cash-out value except as provided in this Section 2.03(C).
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Section 2.04: Automobile Allowance
The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of Five Hundred Dollars ($500) per month, payable monthly, as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle. The monthly allowance shall be increased annually by the San Francisco area CPI-U. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expense’s attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle.
Section 2.05: Retirement
Subject to the Public Employees’ Retirement law and the Employer’s contract with the California Public Employees’ Retirement System (“CalPERS”), Employee shall continue to be enrolled in membership with CalPERS. Employee shall be responsible for the full member contribution. The Employer shall be responsible for the employer contribution.
Section 2.06: Deferred Compensation and FSA Contributions A. The Employer will contribute the amount of $20,500 annually to Employee’s IRC 457 plan, to be paid in a prorated amount either quarterly or each pay period at the Employee’s preference. Such contribution shall be subject to any applicable federal and state laws , regulations, and limits . Employee shall be solely responsible and liable for the satisfaction of all taxes and/or penalties that may be imposed on or for the account of Employee in connection with this contribution (including any taxes and penalties), and the Employer shall have no obligation to indemnify or otherwise hold Employee (or any beneficiary of Employee) harmless from any or all of such taxes or penalties.
B. The Employer will also make the following contributions on January 1 of each year: i) $2,850 to FSA Healt h Care and ii) $5,000 to FSA Dependent Care. The Employer will contribute annually in an amount not to exceed : i) $2,850 to FSA Health Care and ii) $5,000 to FSA Dependent Care. Such contribution shall be subject to any applicable federal and state laws, regulations, and limits. Employee shall be solely responsible and liable for the satisfaction of all taxes and/or penalties that may be imposed on or for the account of Employee in co nnection with these contributions (including any taxes and penalties), and the Employer shall have no obligation to indemnify or otherwise hold Employee (or any beneficiary of Employee) harmless from any or all of such taxes or penalties.
Section 2.07: Miscellaneous Benefits
Except as otherwise provided in this Agreement, the Employee will receive benefits, including fringe benefits, at a level that is equal to the highest benefit schedule provided to any group of exempt City management employees. The same rules, limitations, terms
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and conditions applicable to the benefits for such exempt City management employees will also apply to Employee.
Section 2.08: General Business Expenses
A. Employer agrees to budget and pay for professional dues, including but not limited to ICMA, and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee’s continued professional participation, growth, and advancement, and for the good of the Employer.
B. Employer agrees to budget and pay for travel and subsistence expenses of Employee for professional and official travel, me etings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to ICMA and League of California Cities annual, regional, and affiliate conferences.
C. Employer also agrees to budget and pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee’s professional development and for the good of the Employer.
D. Employer shall not require Employee to use vacation leave when participating in professional development activities.
E. Recognizing the importance of constant communication and maximum productivity, Employer shall provide Employee, for business use, a laptop computer, software, mobile phone and/or tablet computer required for the Employee to perform her duties and to maintain communication with Employer’s staff and officials as well as other individuals who are doing business with Employer. Upon termination of Employee’s employ ment, the equipment described herein shall remain the property of the Employer.
F. The foregoing provisions in this Section shall be subject to the budgeting and approval of the Employer.
Section 2.09: Bonding
Consistent with Article IV, Section 4 of the City’s Charter, the City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or as the Council may deem proper.
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ARTICLE III
General Work Conditions
Section 3.01: Performance Evaluation
A. Employer shall annually review, within 60 days of each anniversary of the effective date of this Agreement, the performance of the Employee subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee and shall use an outside facilitator at the discretion of either the City Council or the City Manager to be paid for by the Employer.
B. The annual evaluation process, at a minimum, must include the opportunity for both parties to:
1) conduct a formulary session where the Employer and the Employee meet first to discuss goals and objectives of both the past t welve (12) month performance period as well as the upcoming twelve (12) month performance period,
2) following that formulary discussion, prepare a written evaluation of goals and objectives for the past and upcoming year,
3) next meet and discuss the written evaluation of these goals and objectives, and
4) present a written summary of the evaluation results to the Employee.
The final written evaluation should be completed and delivered to the Employee within 30 days of the initial formulary evaluation meeting.
C. Unless the Employee expressly requests otherwise in writing, the evaluation of the Employee shall at all times be conducted in closed session of the governing body and shall be considered confidential to the extent permitted by law.
Nothing herein shall prohibit the Employer or Employee from sharing the content or substance of the Employee’s evaluation with their respective legal counsel.
D. In the event the Employer deems the evaluation instrument, format and/or procedure is to be modified by the Employer, and such modifications would require new or different performance expectations, then the Employee s h a l l be provided a reasonable period of time to demonstrate such expected performance before being evaluated.
E. In the event the Employee is an ICMA Credentialed Manager, the multi-rater evaluation tool will be utilized at a minimum of every five years.
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Section 3.02 Hours of Work
It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the Employer. Employee acknowledges that proper performance of the duties of City Manager will require Employee to generally observe normal business hours, as set by the Employer and may be duly revised from time -to-time, and will also often require the performance of necessary services outside of normal business hours.
Section 3.03: Outside Activities
The employment provided for by this Agreement shall be the Employee’s primary employment and Employee shall focus her professional time, ability, and attention to Employer business during the term of this Agreement. However, recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, after prior approval from the Richmond City Council for each such engagement, the Employee may elect to accept limited teaching, consulting or other business opportunities.
ARTICLE IV
Employment Separation
Section 4.01: Termination by Employee
Employee may terminate this Agreement by providing a minimum of 60 days’ notice of Employee’s voluntary resignation subject to any applicable requirements set forth by state or local law.
Section 4.02 Termination by Employer
A. At-will Employee. Notwithstanding the Agreement term set forth in Section 1 .01 above, Employee is an at -will employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing, including any so -called due process pre -disciplinary “Skelly” hearing. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employer to terminate the services of Employee at any time, with or without cause, and for any reason, by a majority vote of the entire City Council, subject only to the provisions set forth in this Agreement.
B. Termination by Employer for Cause. The Employer may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds con stituting such cause. In such event, Employer shall, if desired Employee, afford Employee a public name-clearing hearing before Council. Request for a name clearing hearing shall be made to the City Clerk within seven (7) days of Employee’s receipt of notice of termination. For purposes of this Agreement, the term “cause” shall be defined
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to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: (1) breach of this Agreement ; (2) violation of the City’s anti -harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred; (3) résumé fraud or other acts of material dishonesty ; (4) unauthorized absence or leave; (5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality); (6) conviction of a misdemeanor DUI or conviction of a felony under California law ; (7) use or possession of illegal drugs; (8) theft or attempted theft; (9) violation of state law or the City’s Charter, Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Per sonnel Rules ; (10) engaging in conduct tending to bring embarrassment or disrepute to the City ; (11) any illegal or unethical act involving personal gain; (12) significant financial mismanagement; (13) willful and intentional breach of duties, or failure or a pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Council ; (14) gross misfeasance or gross malfeasance ; (15) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption); and (16) any similar cause. For any of the foregoing, the Employer may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the Employer terminates for cause this Agreement and the services of Employee hereunder, then the Employer shall have no obligation to pay severance as provided in Article V.
C. Termination by City Without Cause. The City Council may terminate Employee with or without notice at any time without cause, including based upon management reasons, provided that the City Council shall provide Employee at least 60 days written notice of termination without cause.
Section 4.03 Waiver of Certain Discipline and Termination Rights Employee expressly waives any rights afforded under City Charter (including Article XIII, Section 4 pertaining to restoration to previous grade in the Classified Service for removed officers in the Exempt Service), the City’s Municipal Code, the City’s personnel system or policies, and any rights afforded to Employee under State or Federal law, including Government Code §§ 54950 et seq. (“Brown Act”), to any form of pre- or post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline, removal from office, or termination, except those rights Employee may have under the California or United States constitutions to a name -clearing hearing. Such rights waived under this Section include the ri ght under the Brown Act (Government Code §54957(b)) to have complaints or charges against an employee heard in a public session upon Employee’s request.
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ARTICLE V
Severance
Section 5.01: Amount of Severance
A. If the Employee is terminated without cause as provided in Section 4.02( C) above, then the Employer shall provide a severance payment equal to six (6) months of then-current base salary less applicable deductions (and excluding all benefits); provided, however, that Employee shall be entitled to an additional one (1) month of salary, for up to a total of no more than twelve (12) months of base salary, for each full year that Employee is engaged as the City Manager under this Agreement. The Employer shall also pay for the continuation of Employee’s then current monthly premiums for medical, dental, and vision for the same period of time. Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the number of months provided in this Article V.) Pursuant to Government Code Section 53261, h ealth benefits continuation payments provided pursuant to this section shall be subject to the same time limitation, and shall in any event automatically terminate when Employee finds other employment.
B. This severance shall be paid in a lump sum or in a c ontinuation of salary on the existing basis, at the Employee’s option. However, the impacts of Employee’s selection are subject to applicable local, state, and federal laws, including, but not limited to, the Public Employees’ Retirement Law and IRS rules, regulations, and statutes.
C. Upon separation, the Employee shall be compensated for all accrued vacation leave, and all paid holidays.
Section 5.02: Limits to Severance
A. The severance rights provided in this Article shall constitute the sole and only entitlement of Employee with respect to severance; Employee expressly waives any and all other rights with respect to severance pay except as provided herein.
B. Employee shall not be entitled to severance in the event of : (i) Employee’s resignation, or (ii) Employee's death, or ( iii) Employee's incapacity due to injury or illness (physical or mental), or (iv) Employee's termination for cause as defined
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in Section 4.02(B) above, or ( v) expiration of the term of this Agreement . City may withhold payment of severance pay pending final disposition of any criminal charges.
Section 5.03: Severance Contingent on Release of Claims Any severance payments provided to Employee under this Agreement shall be contingent and conditioned upon the following: i) Employee not challenging such termination, including but not limited to by means of appeal or civil or administrative claim and ii) Employee’s execution of a general release of claims, in a form approved by the City Attorney. Payment of severance shall not occur until after the expiration of the release revocation period contained therein. In the event Employee challenges her termination or declines to execute or rev okes the general release of claims, no severance payment shall be made under this Article V.
Section 5.04: Void if Convicted of Crime
Government Code sections 53243 through 53243.4 are incorporated into this Agreement by reference. Government Code §§ 53243 - 53243.4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/his office or position to provide reimbursement to the local agency for the follo wing forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non - contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Employee represents that Employee has reviewed, is familiar with, and agrees to comply f ully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the Employer shall be fully reimbursed to the Employer if Employee is convicted of a crime involving an abuse of Employee's office or position.
ARTICLE VI
General Covenants
Section 6.01: Indemnification
Provided that Employee complies with the provisions of Sections 825 and 825.6 of the California Government Code, as now existing or hereafter amended, City shall defend, hold harmless, and indemnify Employee against any tort, professional liability claim o r demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties in accordance with the provisions of Sections 825 and 825.6, as now existing or hereafter amended. City may conduct such defense reserving the rights of City not to pay the judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of Employee's employment as an employee of City. City is required to
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pay the judgment, compromise, or settlement only if it is established that the injury arose out of an act or omission occurring in the scope of Employee's employment as an employee of City. Nothing in this Agreement authorizes or oblig ates City to pay that part of any claim or judgment that is for punitive or exemplary damages. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom only to the extent authorized in Sectio ns 825 through 825.6, as now existing or hereafter amended.
This section 6.01 shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.
Section 6.02: Other Terms and Conditions of Employment
The parties may, upon mutual agreement, fix any such other terms and conditions of Employee’s employment, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Richmond Charter, the City’s Municipal Code, or any other law.
Section 6.03: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the Employer and Employee are merged into and rendered null and void by this Agreement. This Agreement may be amended only by an express written agreement signed by the Employer and Employee. Such amendments must be incorporated and made a part of this agreement.
B. Effective Date. This Agreement shall become effective on April 6, 2022.
C. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions are deemed to be in full force and effect as if they have been executed by both Employer and Employee subsequent to the expungement or judicial modification of the invalid provision.
D. Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.
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E. Counterparts. This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreem ent, which shall be binding upon and effective as to all parties.
Section 6.04: Notices
All notices and requests pursuant to this Agreement must be sent as follows:
A. EMPLOYER: City of Richmond, City Attorney’s Office, 450 Civic Center Plaza, Richmond, CA 94804
B. EMPLOYEE: Shasa Curl, [email protected].
Notice must be deemed given as of the date of personal service, Federal Express, certified mail or as the date of deposit of such written notice in the course of transmission in the United States Postal Service or within twenty-four hours of receipt of a “read receipt” notice in an electronic transmission.
[Signatures on Following Page]
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THIS AGREEMENT has been executed as of the date first hereinabove written.
City of Richmond
By: _____________________________
Tom Butt, Mayor
Employee
________________________________
Shasa Curl
April 5, 2022
City Council
DATE: April 5, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmembers Gayle McLaughlin, Claudia Jiménez
and Melvin Willis
Subject:
Support for California Racial Justice Act for All (AB 256) FINANCIAL IMPACT: There is no financial impact related to this item.
PREVIOUS COUNCIL
ACTION:
The City Council has a history of supporting racial justice and equity for all.
STATEMENT OF THE
ISSUE:
The Ella Baker Center is working to get counties and
cities to pass resolutions in support of AB 256. This bill extends the Racial Justice Act passed in 2020 to provide the same relief in instances of racial bias in criminal convictions or sentences decided before 2021.
RECOMMENDED ACTION:
ADOPT a resolution in support for California Racial
Justice Act for All (AB 256) – Councilmembers Gayle
McLaughlin (510-620-6636), Melvin Willis (510-412-
2050) and Claudia Jiménez (510-620-6565).
AGENDA
REPORT
April 5, 2022
DISCUSSION:
In 2020, Assemblymember Ash Kalra introduced the California Racial Justice Act (AB 2542), meant to provide a mechanism for relief for those whose convictions or sentences were based upon race, ethnicity, or national origin. The Act is the first law in California allowing individuals impacted by the criminal legal system to object to charges, convictions, or sentences if they can show that anyone involved in their case—whether judge, attorney, officer, expert witness, or juror— demonstrated bias during the process. The Act further allows for demographic inequities in charges, convictions, or sentences to serve as evidence of this bias.
The original Racial Justice Act, however, was prospective; it excluded protection to those who had been harmed prior to January 1, 2021, by the racial bias and discrimination that has long permeated our criminal legal system.
The California Racial Justice Act for All (AB 256) seeks to remedy this, allowing for the retroactive application of the protections of the original Act—to cases from before 2021. This is a critical broadening of the existing law for those community members who have waited far too long to return home.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – AB 256 Bill Text
RESOLUTION NO XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA IN SUPPORT OF THE RACIAL JUSTICE ACT FOR ALL ALSO KNOWN AS ASSEMBLY BILL 256 INTRODUCED BY
ASSEMBLYMEMBERS KALRA, KAMLAGER, RIVAS AND SANTIAGO
WHEREAS, the Racial Justice for All Act, by Assemblymember Kalra, provides equal opportunity to pursue justice for those who have already been harmed by the racial bias and discrimination that permeates our criminal legal system; and
WHEREAS, The California Racial Justice Act (Act) prohibits the state from seeking or obtaining a criminal conviction, or from imposing a sentence, based upon race, ethnicity or national origin (AB 2542); and WHEREAS, AB 2542 is a landmark Act that made it possible for a person charged or convicted of a crime to challenge racial bias in their case, excluding judgments rendered before January 1, 2021; and WHEREAS, AB 256 extends these commonsense protections to those who have already been impacted by unfair convictions and sentences; and
WHEREAS, a violation is established if the defendant proves, by a preponderance of the evidence that the judge, an attorney in the case, a law enforcement officer involved in the case, an expert witness, or juror, used racially discriminatory language about the defendant’s race, ethnicity, or national origin, or otherwise exhibited bias towards the defendant because of the defendant’s race, ethnicity, or national origin, whether or not purposeful; and
WHEREAS, the City of Richmond and its Race Equity Team are in full support of policy that mitigates the negative impacts of racial bias; and
WHEREAS, AB 256 co-sponsors are the ACLU of California Action, American Friends Service Committee, California Coalition for Women Prisoners, Californians United for a Responsible Budget, Coalition for Humane Immigrant Rights (CHIRLA), Initiate Justice, Ella Baker Center for Human Rights, the League of Women Voters of California, and NextGen; and
WHEREAS, everyone deserves equal justice under the law and everyone can challenge racial bias in the courtroom.
NOW THEREFORE BE IT RESOLVED that the Richmond City Council hereby supports the Racial Justice Act for All (AB 256) and condemns racial bias in the courtroom. --------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on INSERT DATE, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
Approved:
Mayor
Approved as to form:
City Attorney
April 5, 2022
City Council
DATE: April 5, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmembers Gayle McLaughlin, Claudia Jimenez
and Vice Mayor Eduardo Martinez
Subject:
Support Unite Summit affiliated with California Teachers Association for a fair contract at Summit Public Schools FINANCIAL IMPACT: There is no financial impact to this item
PREVIOUS COUNCIL
ACTION:
The City Council has consistently supported unions
efforts in the past, most recently the union efforts of Hello Fresh workers and the striking workers of the United
Steelworkers at Chevron Richmond refinery.
STATEMENT OF THE
ISSUE:
Unite Summit is the union representing teachers at
Summit Tamalpais and Summit K2 (both serving
Richmond students). This union is struggling to get their first contract negotiated. It is important we support this effort that has been going on now for two years.
RECOMMENDED ACTION:
ADOPT a resolution in support of Unite Summit
educators, who represent teachers at Summit Tamalpais
in Richmond and Summit K2 in El Cerrito (both schools
have a majority Richmond students) in their struggle to negotiate a fair first contract that includes basic job protections and support for English learner students –
Councilmembers Gayle McLaughlin (510-620-6636),
Claudia Jimenez (510-620-6565) and Vice Mayor
Eduardo Martinez (510-620-6593).
AGENDA
REPORT
April 5, 2022
DISCUSSION:
Unite Summit affiliated with California Teachers Association represents teachers at Summit Tamalpais in Richmond and Summit K2 in El Cerrito. Students from Richmond make up the vast majority of kids in both schools. This teacher’s union has been trying to negotiate their first contract for two years.
Of course, in Richmond we care deeply about the education of all of our city’s children, We, in Richmond, are also strong supporters of unions, including unions representing educators who must be able to advocate for their students, professions and educational programs without fear of retaliation.
Charter educators in California do not automatically benefit from Ed Code provisions that provide just cause, due process, and probationary protections such as those applying to certificated educators at traditional district schools, and thus must negotiate basic job protections into their contracts.
It is outrageous that the educators at Summit Public Schools formed a Union (Unite Summit) at their charter schools in the 2018/2019 school year and have been in bargaining for their first contract for over two years.
Since the majority of children attending Summit Public Schools are Richmond students, it is essential that we take a stand in support of the teachers who are charged with the very important task of educating our children. Summit management has thus far refused to agree to sufficient support for English Learner students and a two-year probationary period for educators, and is insisting on the ability to suspend the union contract in cases of emergency.
Over 80% of Unite Summit educators signed a public petition authorizing their bargaining team to call a strike vote if the union’s core demands are not met, and the bargaining team has scheduled a strike vote for Cesar Chavez Day, This resolution calls for us to recognize charter educators’ struggle for job security and better support for their students anywhere in order to protect the teaching profession and public education everywhere.
It also calls for the City Council of the City of Richmond, CA, to strongly support the Unite Summit educators in their struggle to negotiate a fair first contact that includes basic job protections and support for English Learners students.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
RESOLUTION NO. XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA IN
SUPPORT OF UNITE SUMMIT EDUCATORS IN THEIR STRUGGLE TO NEGOTIATE A
FAIR FIRST CONTACT
WHEREAS, as leaders of the City of Richmond, we care deeply about the education of all of our city’s children; and,
WHEREAS, we believe schools work best when all educators are able to advocate for their students, professions and educational programs without fear of retaliation; and,
WHEREAS, charter educators in California do not automatically benefit from Ed Code provisions that provide just cause, due process, and probationary protections such as those applying to certificated educators at traditional district schools, and thus must negotiate basic job protections into their contracts; and,
WHEREAS, the educators at Summit Public Schools formed a Union (Unite Summit) at their charter schools in the 2018/2019 school year and have been in bargaining for their first contract for over two years; and,
WHEREAS, Summit management has thus far refused to agree to sufficient support for English Learner students and a two year probationary period for educators, and is insisting on the ability to suspend the union contract in cases of emergency; and,
WHEREAS, over 80% of Unite Summit educators signed a public petition authorizing their bargaining team to call a strike vote if the union’s core demands are not met, and the bargaining team has scheduled a strike vote for Cesar Chavez Day; and,
WHEREAS, we recognize charter educators’ struggle for job security and better support for their students anywhere is important to protecting the teaching profession and public education everywhere.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Richmond, CA, does hereby support the Unite Summit educators in their struggle to negotiate a fair first contact that includes basic job protections and support for English Learners students.
--------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on INSERT DATE, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
Approved:
Mayor
Approved as to form:
City Attorney
April 5, 2022
Community Development
DATE: April 5, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Subject:
Encampment Resolution Grant
FINANCIAL IMPACT: The City was awarded a $4.8 million grant that would assist the City in providing services to support people living at the Castro Encampment onto paths to safe and
stable housing and result in sustainable restoration of this Bay Trail segment.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City of Richmond applied for and was awarded an
Encampment Resolution Grant to assist in the sunsetting of the Castro Encampment. City staff is seeking Council authorization to accept and appropriate the $4.8 million in grant funding.
RECOMMENDED ACTION:
ACCEPT and APPROPRIATE a $4.8 million
Encampment Resolution Grant to provide services and
support people living in the Castro Encampment onto
paths to safe and stable housing and result in sustainable restoration of this public space, a segment of the San
Francisco Bay Trail – Community Development (Lina
Velasco 510-620-6706).
DISCUSSION:
In December 2021, the City applied for Encampment Resolution Funding (ERF) seeking resources from the State of California to fund a local demonstration project, which would provide services to address the immediate crisis of experiencing unsheltered homelessness in encampments; support people living in encampments onto paths to safe and stable housing; and result in sustainable restoration of public spaces to their AGENDA
REPORT
April 5, 2022
intended uses while safeguarding the needs of unhoused people seeking shelter.
Applications were required to focus on one encampment site. City staff selected the Castro Encampment for this funding application.
Successful grantees are to design a demonstration project that builds the capacity to provide relevant and responsive services to individuals experiencing homelessness in encampments. The project will support cross-systems collaboration and service strategies to help people experiencing homelessness transition out of encampments toward safe and stable housing pathways. Activities will also support efforts to restore encampment sites to their original state and intended purposes, but the activities must prioritize protecting the health, safety, and well-being of the individuals who had been living in the encampments.
Summary of Richmond’s Project
The ERF will include resources to hire an ERF Project Manager (.5 FTE), who will lead the Castro Site Care Team (SCT), which will include a Site Manager, Housing Navigators, a dedicated CORE team with social workers, and other providers working directly with encampment residents to triage and ensure services are timely, responsive, coordinated, trauma-informed, and achieving goals and objectives. The City will solicit bids from service providers to assist Castro residents in charting durable paths toward long-term housing and stability; address community concerns; and manage, sunset, and restore the site. The funding also includes a third-party evaluator to document and assess project implementation and service delivery to encampment residents.
The City is proposing a targeted, stepped approach to address the myriad needs of the people living at the Castro Encampment by augmenting existing strategies with evidence-based clinical case management and intensive social service and housing navigation support. In Contra Costa County, the most common reasons for homelessness are mental illness, chronic substance abuse, loss of employment, and physical illness. The City’s plan is built upon a foundation of input from many community stakeholders, including encampment residents, and is informed by past successes— and lessons—in working to sunset encampments with a Housing First approach.
Modeled on the County’s successful Homeless Disability Advocacy Program (HDAP) grant, the City has designed a two (2)-year plan that will empower unhoused residents at the Castro Encampment to progress toward physical and mental wellness, while being supported in developing their own paths to stable housing.
CONCLUSION:
The ERF is needed to help address the myriad needs of the people living at the Castro Encampment in a holistic Housing First approach.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Reso. No. ___
RESOLUTION NO. _ _ _ _ _ _ _ _ _
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA
ACCEPTING AND APPROPRIATING ENCAMPMENT RESOLUTION FUNDING FOR
THE CASTRO ENCAMPMENT
WHEREAS, under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (sections 50250 et seq.), the Encampment Resolution Funding (ERF) Program was established to increase collaboration between the Homeless Coordinating and Financing Council, local jurisdictions, and continuums of care; and
WHEREAS, ERF Program activities must comply with Housing First and Homeless Data Integration System (HDIS) data submission requirements. Pursuant to Welfare and Institutions Code (WIC) section 8256, all recipients of ERF funding shall comply with the core components of Housing First, as defined in WIC section 8255; and
WHEREAS, ERF grant recipients must participate in the statewide HDIS by entering data and information regarding individuals served by this funding, and services and housing options provided, into their local Homeless Management Information System (HMIS); and
WHEREAS, in December 2021, the City applied for ERF seeking resources to support cross-systems collaboration and service strategies to help people experiencing homelessness at the Castro encampment transition out toward safe and stable housing pathways; and
WHEREAS, the City of Richmond was awarded $4.8 million in ERF for this project.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Richmond authorizes the City Manager or designee to execute a standard agreement and request for funds form, and all other documents required the Homeless Coordinating and Financing Council, and any amendments thereto and accepts and appropriates the ERF funds.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held_______________, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Approved as to form:
__________________
Mayor
_______________
Interim City Attorney
April 5, 2022
Economic Development
DATE: April 5, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, Interim City Manager
Samantha Carr, Environmental Manager
Subject:
Contract Approval to Develop a Richmond Green-Blue
New Deal Plan
FINANCIAL IMPACT: The proposed expenditure will be funded by the America Rescue Plan Act of 2021 (Account String 13661065-
400201-AR237).
PREVIOUS COUNCIL
ACTION:
July 6, 2021
STATEMENT OF THE
ISSUE:
City staff members are seeking City Council approval to award a contract to Appraccel LLC to develop a
Richmond Green-Blue New Deal Plan.
RECOMMENDED ACTION: APPROVE a contract with Appraccel LLC to provide professional services to develop a Richmond Green-Blue
New Deal Plan, in an amount not to exceed $300,000,
with the contract term ending October 31, 2023 – City
Manager’s Office (Shasa Curl/Samantha Carr 620-5407).
DISCUSSION:
Background
On July 6, 2021, the Richmond City Council adopted Resolution 88-21 to support the process of developing a Richmond Green-Blue New Deal and Just Transition to 21st Century jobs. In addition, City staff members were directed to prepare a Request for Proposals (RFP) to hire an environmental consultant to conduct a one-year to 18-month AGENDA
REPORT
April 5, 2022
planning process to develop and facilitate a comprehensive and inclusive public engagement process to co-create the plan to achieve a local Green-Blue New Deal and return to the City Council with a recommendation of a consultant within 90 days.
As stated in Resolution 88-21, a “Green New Deal” is a program of investments in equitable clean-energy jobs and infrastructure, transforming and transitioning not just the energy sector, but the entire economy. A “Blue Economy” is the “sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystems.” A Green-Blue New Deal incorporates key sectors of the Blue Economy in order to fully address the climate crisis.
There is a nexus between the Green-Blue New Deal, Climate Action Plan (CAP), Richmond Workforce Development Local Plan, and Economic Development Action Plan (EDAP). The Richmond CAP, through a Health Equity lens, provides a framework of policies and programs to achieve the City’s health and environmental goals by operationalizing the community-driven vision laid out in the Richmond General Plan 2030. The City Manager’s Office, Economic Development division and Economic Development Commission worked with Richmond community members and HR&A Advisors to establish the EDAP consisting of two phases, the Short-Term Local Business Recovery Action Plan (STLBRAP) and the Richmond Business Investment and Attraction Strategy, to facilitate continued equitable economic growth. The Richmond Workforce Development Board's Workforce Development Local Plan (“Local Plan”) for Program Years 2021-2024 provides an action plan for operationalizing the road map laid out in the Regional Plan by describing how individuals access services through the America’s Job Centers of CaliforniaSM (AJCC) system. The Local Plan is used to articulate how Local Boards will coordinate with local partners to ensure a person-centered service-delivery. All focus on the development of sustainable economic growth that provides a healthy, resilient, and equitable environment for all. The adoption of the Green-Blue New Deal resolution provides the opportunity for the incorporation into the CAP update.
The City of Richmond’s workforce has been greatly affected by the COVID-19 pandemic. COVID-19 caused an unemployment surge in Richmond with a peak of 3,412 weekly unemployment claims in late March 2020. Since then, weekly unemployment claims have significantly decreased and have stayed below 500 per week. In February 2020, the Richmond unemployment rate was at 3.3 percent and spiked to 17.10 percent in April 2020. The unemployment rate since then has gradually decreased and as of May 2021, the Richmond unemployment rate was at 7.9 percent.
Although there has been some recovery, the Richmond unemployment rate is higher than the Contra Costa County unemployment rate of 6.2 percent and slightly higher than the California unemployment rate of 7.5 percent.
The City Manager’s Office, Economic Development division is continuously working to promote a competitive, sustainable, and equitable economy for all. City staff members are focused on supporting our community through both the COVID-19 pandemic and in the long-term to maintain the City of Richmond’s vibrancy and diversity.
April 5, 2022
American Rescue Plan Act (ARPA) Funding
City staff members have reviewed the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund (SLFRF) US Treasury website and related documents for clarification on how the funding can be utilized by cities. Within the Fiscal Recovery Fund, eligible uses categories include supporting public health response, addressing negative economic impacts, replacing public sector revenue loss, premium pay for essential workers, water and sewer infrastructure improvements, and broadband infrastructure access improvements.
Based on the information included in the Interim Final Rule (IFR) and Compliance and Reporting Guidance documents, City staff members believe consultants could be hired to create a workforce development plan with a Green-Blue New Deal and Just Transition framework to address the high unemployment rate resulting from the COVID- 19 pandemic. The interim rules emphasize that economic development related projects should be designed to address an economic harm “resulting from or exacerbated by the [COVID-19] public health emergency”. Emphasizing how a workforce development plan will help to address the negative economic impacts (e.g., unemployment) of the COVID- 19 public health emergency, will provide a stronger justification for the use of ARPA funds. Other goals included in the Green-Blue New Deal related to Climate Action will be incorporated into the CAP update.
Request for Proposal/ Qualifications (RFP)
On October 7, 2021, City staff members released an RFP to solicit an environmental consultant to complete and facilitate an inclusive public engagement for the co-creation of a workforce development plan through a Green-Blue New Deal and Just Transition framework. Some key aspects of the scope of services were to:
Provide consultant expertise to assist the City of Richmond in expanding the city’s current workforce development, economic development, and climate action goals with a Green-Blue New Deal and Just Transition framework Identify, gather, and track data to represent an accurate community profile Research, assess, and expand current plans, policies, City services, and delivery methods to conduct a “gap analysis” with respect to a Green-Blue New Deal and Just Transition
Develop and facilitate an inclusive and innovative multilingual community engagement process
Provide and/or present updates to the Richmond City Council Create a draft city plan and implementation workplan
For the purpose of due diligence, City staff members followed up with Green-Blue New Deal inquiries received prior to the release of the RFP and responses are illustrated below:
April 5, 2022
Inquiry Response
Inquiry 1 Applied
Inquiry 2 Resident
Inquiry 3 Provides services to market RFP/Q/B
Inquiry 4 Felt like their consulting firm could not provide services requested at this time
Through the BidsOnline System, 3256 vendors were notified of the RFP. The RFP closed on November 2, 2021, with one response received from Appraccel LLC. The Appraccel LLC team includes HR&A Advisors, Groundwork Richmond, Inclusive Economics, MIG, Inc, Safe Return Project, and Medema Consulting. The response was reviewed and scored by an interdepartmental evaluation panel. The response was determined to be a viable response.
SYNERGY WITH EXISTING CITY POLICY
General Plan 2030
Policy ED2.4 Existing Employers: Encourage established employers to remain and expand in Richmond in order to retain employers in key industries including green businesses
Policy ED2.6/LU3.1 Environmentally Progressive Business and Industries: Promote and encourage new, clean, and green industries that provide well-paying jobs, revenue and other community and environmental benefits
Action ED2.D Green Business Strategic Plan: Work with local business support agencies and community stakeholders to develop a strategic plan to retain, attract, and support innovative “green” companies, consistent with City Council Resolution 45-07, which declared Richmond a “Green Economic Development Area.” Support this effort by monitoring industry trends, assisting commercial brokers in matching companies with available sites and including a strategic marketing campaign that highlights Richmond’s strengths and strategies to prepare the local workforce for emerging green industries. Work with State and local agencies to develop criteria for green business certification for new and existing businesses. Seek opportunities to create incentives for existing businesses to participate in the program. Action ED3.A Workforce Development Strategy: Continue to support efforts to expand job training opportunities for residents to enter the workforce, with particular emphasis on green collar and other high-growth employment categories. Encourage the local community colleges, universities, the school district, and adult education programs to offer more coursework and training oriented toward emerging industries such as the green industry in addition to traditional trades. Goal LU3 Expanded Economic Opportunities: […] Encourage innovative, high-growth and green business, and further support businesses and industries in providing a range of job and entrepreneurial opportunities while minimizing environmental and health impacts.
April 5, 2022
Health in All Policies Strategy (HiAP)
Developing partnerships with community-based organizations that support workforce development and green jobs.
Climate Action Plan (CAP)
Strategy GB2 Green Workforce Development: Increase number of individuals trained for green jobs.
Strategy GB3 Support Green/Clean Technology Incubator Programs: Promote networking and training organizations and raise awareness of financial assistance sources available to entrepreneurs.
Strategy GB4 Support Local Energy and Green Business Programs: Maximize participation in local energy and green business programs. Strategy RE1 Increase Local Solar Generation: By 2030, 1,010 new residential solar installations averaging 4 kW per system; 69 new commercial solar installations averaging 174 kW per system.
Strategy TL1 Promote Smart Growth and Complete Neighborhoods: By 2030, increase residential and employment density by 15% as compared to BAU. Strategy WA3 Green Building Strategies for Water Conservation: 100 percent compliance with CalGREEN Code or more stringent water standards. Strategy GA3 Support Green Infrastructure and Streetscape Design: Increase green infrastructure projects Citywide by 2030.
Richmond Workforce Development Board’s (RWDB) Workforce Development Local Plan
Pillar 1 Strengthening Partnerships: The RWDB will collaborate with key/core partners to streamline education and training opportunities for candidates to address basic skills deficiency and support English Language Learners through coordinated services with Title II – Adult Education and Literacy. Collaboration also will include working with community-based organizations that serve individuals who lack basic skills and English language skills.
Pillar 1 Engaging Industry Leaders: The RWDB will engage industry leaders to develop training programs and create stronger connections between employers and the workforce system.
Pillar 2 Engaging Businesses: The RWDB will collaborate with businesses to determine local hiring needs and design innovative initiatives and trainings that are responsive to those needs, in order to start job candidates on a career path. Pillar 2 Engaging Labor Unions: The RWDB will collaborate with local labor unions to improve employee representation, essential for high-quality jobs, and strengthening apprenticeship programs which are a critical route to developing needed skills. Pillar 3 Preparing Local Residents: RWDB will collaborate with community members and prepare them for the current realities of the changing labor market and the future of work by creating new opportunities for low-wage workers and businesses in the changing economy.
Pillar 4 Strengthening Services for Those with Barriers: RWDB will focus on addressing and determining appropriate pathways for low-income adults and youth
April 5, 2022
who have limited skills, lack work experience, and face other barriers that prevent them from achieving economic success.
Pillar 4 Earn and Learn: RWDB will focus on work-based training strategies and employment approaches to benefit low-income individuals. Work-based training provides adults and youth the chance to earn income while also receiving training and developing essential skills that are best learned on the job. Pillar 4 Promoting Project ACES (Accelerating Careers through Essential Skills):
RWDB will work with business and educational institutions to design and offer candidates necessary and in-demand work ethic and learning opportunities, contributing to the creation of a pipeline of candidates with the essential skills businesses require.
Pillar 4 Designing Career Pathways: RWDB will design and deliver pathways that prepare candidates to reach their full career potential.
Economic Development Action Plan/Short-term Local Business Recovery Action Plan (STRLAP)
Action 3B Workforce Recovery: Workforce development programs exist at the City, County, and regional levels that rely on partnerships between the public sector, employers, and educators. The City can coordinate with these existing organizations and partnerships to pursue state and federal recovery funding for new or existing workforce development programs to connect Richmond residents to employment.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution 88-21
Attachment 2 – Request for Proposal/Qualifications
Attachment 3 – BidsOnline Report Green-Blue New Deal Workforce Development Plan RFP
Attachment 4 – RFP Response Score Sheet
Attachment 5 – Proposed Contract with Appraccel LLC
the City of Richmond
Request for Proposals
Green-Blue New Deal Workforce
Development Plan
Today’s Date: 10/7/2021
Closing Date and Time: 11/2/2021 by 3:00 PM PST
Submittal Location: Bids Online- Electronic Proposals Only Via the City’s Secured Online Bidding System
Contact Persons: Shasa Curl
City Manager’s Office, Economic Development
Email: [email protected]
Samantha Carr
City Manager’s Office, Economic Development
Email: [email protected]
I. Introduction:
On July 6, 2021, the Richmond City Council adopted Resolution 88-21 to support the development of a Richmond Green-Blue New Deal and Just Transition to 21st Century jobs. In addition, City staff members were directed to issue a Request for Proposal (RFP) for a professional environmental consultant to conduct a 1 year to 18-month planning process in developing and facilitating a comprehensive and inclusive public engagement process to co- create the plan to achieve a local Green-Blue New Deal and return to the Richmond City Council with a recommendation of such a consultant within 90 days.
The City of Richmond (the City) is requesting proposals from qualified firms to provide professional services to assist in the development and implementation of a community driven workforce development plan with a Green-Blue New Deal and Just Transition Framework.
As stated in Resolution 88-211:
• A Green New Deal: “a program of investments in equitable clean-energy jobs and infrastructure, transforming and transitioning not just the energy sector, but the entire economy.”
• A Blue Economy: “the sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystems.” • Green-Blue New Deal: “must incorporate key sectors of the Blue Economy in order to fully address the climate crisis.”
The Just Transition framework, developed by the Climate Justice Alliance and Movement Generation, found here, describes transitioning from an extractive economy to a regenerative economy. The four steps of the cycle are: 1) Resources, 2) Worldview, 3) Purpose, and 4) Governance. To have a living economy, “resources” must change from extraction to regeneration, “worldview” must change from consumerism and colonial mindset to caring and sacredness, “purpose” must change from enclosure of wealth and power to ecological and social well-being, and “governance” must change from militarism to deep democracy.2 This Request for Proposals (RFP) describes the scope of services, the consultant selection process, and the minimum information that must be included in the proposals. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The words “organization”, “consultant”, “offeror”, “respondent”, “vendor” and “proposer” are used interchangeably throughout this RFP to refer to the organization, firm, institution, team, or partnership that would act as the City’s consultant.
1 Resolution to Begin a Planning Process to Establish a Vision and Identify Actions to Implement a Local Green -blue New Deal that will Provide 21st Century Jobs for our Richmond Community, Resolution No. 88-21, Richmond, California. (2021). http://ca-richmond2.civicplus.com/ArchiveCenter/ViewFile/Item/11284 2 “Just Transition.” Climate Justice Alliance, Climate Justice Alliance, 19 Feb. 2021, climatejusticealliance.org/just- transition/.
II. ABOUT THE CITY
The City of Richmond is a Charter City located in Contra Costa County, part of the San Francisco Bay Area with a population of 110,567 residents. Richmond is one of the region’s most diverse communities: 42.5% of residents identify as Hispanic or Latino, 20.2% identify as Black or African American alone, 17.8% identify as White alone (not Hispanic of Latino), and 15.4% identify as Asian alone (15.4%).3 Richmond is home to a multi-modal transit hub that includes BART, Amtrak and AC Transit, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up-and- coming communities in California.
The City has shown leadership in addressing equity and sustainability by adopting a Health in All Policies (HiAP) Ordinance and Strategy, Climate Action Plan (CAP), and Economic Development Action Plan (EDAP). The Richmond CAP, through a Health Equity lens, provides a framework of policies and programs to achieve the City’s health and environmental goals by operationalizing the community driven vision laid out in the Richmond General Plan 2030. The EDAP consist of two phases, the Short-Term Local Business Recovery Action Plan (STLBRAP) and the Richmond Business Investment and Attraction Strategy, to facilitate continued equitable economic growth. In June 2021, phase 1 of the EDAP was presented to City Council. All three city plans focus on the development of sustainable economic growth that provides a healthy, resilient and equitable environment for all.
Furthermore, Richmond has continuously demonstrated leadership as a city in environmental policies, racial equity, and green jobs:
• In 2009, Richmond completed its greenhouse gas emissions inventory. • In 2012, the Richmond General Plan 2030 was approved including chapters on: 1) Community Health and Wellness; and 2) Energy and Climate Change. • On July 24, 2018, Richmond City Council adopted Resolution No. 69-18, that calls for a Regional Just Transition and Climate Emergency Mobilization Collaborative Effort, and “commits to keeping the considerations of disadvantaged communities central to all climate emergency mobilization planning processes, and to inviting and encouraging these communities to directly advocate for their specific needs and equity in the environmental justice process.”
• In February 2020, the City of Richmond launched its Open Data and Performance Reporting System, Transparent Richmond (www.transparentrichmond.org), with data from 11
3 Quickfacts Richmond city, California. 2019 American Community Survey 5 year estimates. https://www.census.gov/quickfacts/richmondcitycalifornia
departments across the City which includes updated information on the City’s CAP and sustainability goals and initiatives as well as progress made towards them. • On June 22, 2021, the Richmond City Council received a presentation on the Government Alliance for Racial Equity (GARE)’s Draft Racial Equity Action Plan and introduction of the Reparations, Equity, and Inclusion Initiatives. The Racial Equity Action Plan will promote equity work to improve racial outcomes within the City of Richmond through training and community outreach.
• On April 20th, 2021, Richmond City Council adopted Resolution 43-21 to take action to mitigate the potential impacts of sea level rise by using all new scientific information to inform and incorporate into the Climate Action Plan.
• On February 2, 2021, adopted Resolution 12-21 in support of a Just Transition from Fossil Fuels.
• On June 8, 2021, City staff members were directed to draft a city-wide community benefits policy. Community Benefit Agreements (CBA) are an instrument to specify the benefits that will come out of development projects, and create a legally binding commitment between developers, the city, and community stakeholders.
There is a nexus between the Green-Blue New Deal, CAP, EDAP, and several other policies and plans which through a health equity lens, can provide a framework of policies and programs to achieve the City’s health, economic, and environmental goals.
COVID-19 Impacts
Richmond’s diverse working-class residents in Richmond have suffered greatly due to COVID-19 in terms of displacement, health impact, and financial instability. The pandemic has exasperated existing racial, workforce, and economic disparities in Richmond.
Data from the California Employment Development Department illustrates the negative impact the COVID-19 pandemics has had and continues to have on the City of Richmond’s workforce.
COVID-19 caused a surge in unemployment in Richmond with a peaked of 3,412 weekly unemployment claims in late March 2020. Since then, weekly unemployment claims have significantly decreased and have stayed below 500 per week. Job losses due to COVID-19 did not impact all Richmond residents equally, and low-income workers living in Richmond were disproportionately impacted.
Richmond’s recovery has been slower than both the Contra Costa County and Statewide unemployment. In addition, the unemployment rate is being exasperated by the pandemic as the unemployment rate in Richmond has not been above 4.5 percent since August 2017.
Unemployment Rate Percentage
February 2020 (%) April 2020 (%) June 2021 (%)
City of Richmond4 3.3 17.1 8.7
Contra Costa County5 3.1 14.5 6.9
State of California6 4.3 16.0 8.0
The COVID-19 public health emergency will have lasting negative effects on economic outcomes, particularly in exacerbating inequities that existed prior to the pandemic. Low- and moderate-income jobs make up a substantial portion of both total pandemic job losses7, and jobs that require in-person frontline work, which are exposed to greater risk of contracting COVID-19.
Given the disproportionate impact of COVID-19 on low-income households, there is a risk that the current pandemic-induced recession could further increase concentrated poverty and cause long-term damage to economic prospects in neighborhoods of concentrated poverty. The City of Richmond wants to ensure that long-term and equitable decisions guide the way out of the pandemic, beyond immediate relief, and into a Just Recovery founded on justice and shared prosperity.
The City Manager’s Office, Economic Development Department and the Employment and Training Department is continuously working to promote a competitive, sustainable, and equitable economy for all. City staff members are focused on supporting our community through both the COVID-19 pandemic and in the long-term to maintain the City of Richmond’s vibrancy and diversity.
4 “Richmond Unemployment Rate: TRANSPARENT RICHMOND.” Www.transparentrichmond.org, City of Richmond, California, www.transparentrichmond.org/dataset/Richmond-Unemployment-Rate/aucq-6fkd. 5 “Contra Costa COUNTY Unemployment Rate: TRANSPARENT RICHMOND.” Www.transparentrichmond.org, City of Richmond, California, www.transparentrichmond.org/dataset/Contra-Costa-County-Unemployment- Rate/axzg-2avv.
6 Department, Employment Development. “Unemployment Rate and Labor Force.” Unemployment Rate and Labor Force, California Economic Development Department, www.labormarketinfo.edd.ca.gov/data/unemployment- and-labor-force.html.
7 Kim Parker et al., Economic Fallout from COVID-19 Continues to Hit Lower-Income Americans the Hardest, Pew Research Center (Sept. 24, 2020), https://www.pewresearch.org/social-trends/2020/09/24/economic-fallout- from-covid-19-continues-to-hit-lower-income-americans-the-hardest/; Gould, supra note 55.
III. Scope of Services:
The City of Richmond (the City) is requesting proposals from highly qualified firms to provide professional services to assist in the development and implementation of a community driven workforce development plan with a Green-Blue New Deal and Just Transition Framework. The following is a preliminary scope of work to be utilized when submitting a response and are not meant to be prescriptive. Respondents are encouraged to include any other items relevant to the stated objective of this RFP for the City’s consideration. It is expected that the firm or individual will have experience with public sector projects of similar nature and scope.
1. Provide consultant expertise to assist the City of Richmond in expanding the city’s current workforce development, economic development and climate action goals with a Green-Blue New Deal and Just Transition framework informed by a comprehensive community engagement process.
2. Identify, gather, and track data to represent an accurate community profile and to inform recommendations and progress.
3. Research, assess, and expand current plans, policies, City services, and delivery methods to conduct a “gap analysis” with respect to a Green-Blue New Deal and Just Transition.
4. Develop and facilitate an inclusive and innovative multilingual community engagement process which includes reaching out to:
o Experts, authors and other specialists on workforce development, economic development, the Green New Deal, Blue New Deal, Just Transition, and Climate Action Planning.
o The overall Richmond community and stakeholders through community meetings, town hall gatherings, workshops, webinars and other outreach methods. Stakeholder meetings should include (but not be limited to):
environmental justice and environmental health organizations, climate change organizations, shoreline groups, neighborhood councils, community groups, unions and labor groups (public sector and private sector), the business community, including worker co-ops, and non-profits.
o Collaborate with City staff members and consultants assisting the City with related community focused projects such as the Community Benefits Policy and Community Needs Assessment to spend remaining unallocated ARPA funds. o Collaborate with community groups working on related projects.
5. Provide and/or present updates to the Richmond City Council every 6 months (during the 1 year to 18-month period) on progress and advise the Council on potential implementation of certain recommendations, even prior to the end of the planning process.
6. Create a draft city plan or provide a list of amendments to support and expand upon current adopted city plans and create an implementation workplan that will:
o Include both low-hanging fruit and long-term projects that address the climate crisis with a multi-year approach to new job creation on both a City and community level;
o Maintain a responsibility to deliver environmental justice and equity through an economy, providing results at the community level, guided by community themselves;
o Provide a pathway to green and blue economies, creating pipelines to good paying, sustainable jobs with labor and union-friendly agreements, such as Project Labor Agreements (PLAs) and a Just Transition as we enter an era of changing work trends;
o Provide ideas for public investment in good jobs for our residents, as well as policy ideas for advancing the latest sustainability practices and regulation of polluting industries, as we begin to shift away from dependency on the fossil fuel industry so that no workers and no communities are left behind; o Identify synergies between Green-Blue New Deal goals and other city plans (including the General Plan 2030, Climate Action Plan, Health in All Policies) and recommend actions or policies to be incorporated into adopted City plans; o Track data including but not limited to implementation and post on the City’s Open Data Platform; and
o List funding opportunities to support implementation.
7. Attend and present at meetings including but not limited to: City Council meetings, Neighborhood Council meetings, community meeting, and multiple internal meetings with City staff members.
8. Provide support as specified by City staff members to implement the plan including but not limited to applying for funding opportunities.
IV. Qualifications/Experience:
This Project will require the firm/team to have the following qualifications/experience:
• Experience developing environmental and/or workforce development plans (e.g., Climate Action Plans, Just Transition, Green or Blue New Deal Plans) • Proven experience developing and leading community engagement plans, including with historically disadvantaged communities and businesses
• Proven ability to gather, analyze and share data in innovative ways including preparation of a community profile; conducting relevant gap analysis; and experience creating tools to measure and display progress
• Project Manager/Team Lead’s overall experience managing similar projects • Proven ability to engage with multilingual residents, businesses, and other stakeholders • Experience working within tight deadlines and budgets
V. Proposal Format Guidelines
Proposals should be concise, well-organized, and demonstrate the proposer’s qualifications and experience applicable to the program. The Proposals shall be limited to 15 double-sided pages (8.5 inches X 11 inches), and be Inclusive of graphics, forms, pictures, photographs, dividers, etc., but not of resumes, required forms, certifications, front and back covers. The required
font size is 12 point Arial, with minimum left and right margins of one inch, and top and bottom margins of 0.7 inches.
Each Proposal will adhere to the following order and content of sections. Proposals should be straightforward and provide “layman” explanations of technical terms that are used. Proposals which appear unrealistic in the terms of technical commitments, lack technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following Proposal sections are to be included in the vendor’s response and shall include the following information, at a minimum:
A. Vendor Cover Letter
A cover letter, not to exceed 2 pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood; • Include a statement of intent to perform the services as outlined; • Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment 1) and in the sample Service Agreement (Attachment 2);
• Submit a written description and brief history of the company’s experiences, qualifications, and successes;
• Confirm that vendor has a minimum of three (3) years verifiable experience; • Stipulate that the price included in the proposal will be valid for a period of at least 180 days;
• Identify a single person for contact during the RFP review process; and • Cover letter shall be signed by an authorized official of the company.
B. Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. For detailed requirements refer to Scope of Services of this RFP.
C. Implementation and Methodology
Provide a description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Implementation Section should include:
• An implementation plan that describes
(i) how the proposer plans to approach developing a Green-Blue New Deal Plan; (ii) examples of deliverables that would be incorporated into the respondent’s approach; and
(iii) any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. Please provide any additional services of benefit not specifically required herein, which the Offeror offers to provide.
• Description of efforts your firm will undertake to achieve client satisfaction.
D. Staffing
Describe proposed project team organization, including identification and responsibilities of key personnel. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond.
E. Qualifications and References
The information requested in this section should describe the qualifications of the firm and key staff performing projects within the past ten years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
• Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of service. • A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested
• Provide at least three (3) references that received similar services from your firm.
The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
o Client Name and contact info
▪ Telephone & e-mail address
▪ Physical Address
o Description of services provided including contract amount o Project start and end dates
F. Cost Information
A cost breakdown shall be provided identifying the hourly billing rates for each professional and administrative staff person who will be committed to this Project, including direct and indirect labor expenses.
G. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Offeror intends to subcontract any portion of the resulting contract, they must describe their process for
selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the City.
H. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 2). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposals will be deemed a waiver of any objection. Exceptions will be considered during the proposals evaluation process.
V. Proposal Submittal Guidelines:
Interested parties may download copies of the above mentioned RFP by visiting the City's web site, http://www.ci.richmond.ca.us/bids . New vendors will be required to register to BidsOnline. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 PM PST, on 10/20/2021. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by 10/22/2021. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Councilmember, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Submission of Proposals
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept
late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.
The proposal must be received no later than 3:00 PM PST, on November 2, 2021.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
The City of Richmond reserves the right to waive inconsequential irregularities.
Tentative Selection and Schedule:
The City reserves the right to alter this schedule as necessary.
City Issuance of the RFP October 7, 2021 Questions Due 5:00 PM PST, October 20, 2021 RFP Closing Date 3:00 PM PST, November 2, 2021 Review and potential Interview of Top Proposers November 8 - 12, 2021 City Council Contract Approval (Tentative) November or December 2021
VI. GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.
The City may investigate the proposal of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals, or to make no award without providing the reason(s) underlying the declination.
2. Issue subsequent Requests for Proposals.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
10. Request additional information, including, but not limited to, follow‐up interviews.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" may be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 1. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
Permits and Licenses
Proposer, at its sole expense, shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City of Richmond Business License, which will be required in connection with the performance of services hereunder.
Compliance with City Ordinances
The contractor shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts 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”) (Attachment 4). Bidders/Proposers must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal (Attachment 3).
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the City Manager’s Office a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
Rejections
All proposals will be reviewed to determine conformance with the RFP requirements.
Failure to meet the requirements may be cause for rejection of the proposal. Any proposal which is incomplete, conditional or contains irregularities may also be rejected.
The City of Richmond reserves the right to:
A. Select any proposal as a basis for written or oral communication with any or all of the companies or individuals when such action is considered to be in the best interest of the City of Richmond.
B. Exercise discretion and apply its judgment with respect to selection of any proposals submitted.
C. Reject all proposals.
VII. Evaluation and Selection Criteria:
The selection committee, comprised of City of Richmond personnel shall first review submittals for initial decisions on responsiveness and responsibility. This shall include a check that required forms were submitted, verification that the vendor meets minimum qualifications, verification that the Vendor proposal response is reasonably complete, and other considerations of responsiveness based on the instructions within this RFP. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Those found responsive based on this review will proceed to the proposal evaluation process, using criteria listed below.
The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing and contract form. Since this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:
The Selection Committee will evaluate the proposals based on the following factors:
Category Score Percentage Description
The Proposal and
Approach to
Work
30 • All required information provided in the format
specified
• Overall quality of the proposal, including
responsiveness and completeness
• Ability to provide services as outlined in the RFP
• Approach and proposed methodology to project scope
• Demonstrated understanding and knowledge of the
work required
• Explanation of the services required
• Innovative approaches and internal measures for
services requested
Qualifications/
References
20 • Satisfactory evidence the Respondent has the requisite experience and ability to execute the work successfully and properly, and to complete services in a timely
manner
• Firm’s experience in performing similar work, years in business, past and current client references, and
technical expertise and professional competence in
areas directly related to this RFP
Project Team 20 • Unique qualifications of key personnel and successful involvement with projects of similar scope and
magnitude
• Availability of staff to conduct workshop as soon as
possible
• Organization chart
Cost Proposal 30 • Pricing for staff, including direct and indirect labor expenses
TOTAL 100
Upon request of the City of Richmond, short-listed vendors may be requested to give an oral presentation/demonstration on the vendor’s proposal, which would include a detailed analysis of how the RFP requirements would be addressed should Offeror receive the award. A virtual presentation shall be conducted via Zoom. The presentation shall be conducted at no cost to the City. Vendors may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals.
The total points for both the interview and the written proposal combined shall be used to determine the top candidate(s). The selection committee may then consider references and responsibility before selecting the finalist. The selection committee shall select the Proposer that is evaluated to be most competitive, and whose response is deemed to be in the best interest of this requirement.
The City of Richmond may negotiate elements of the contract as required to best meet the needs of the City of Richmond. If the City of Richmond determines, in the course of negotiations, that a satisfactory contract cannot be executed in a timely fashion, the City of Richmond may reject the firm and either terminate the procurement process or initiate negotiations with other firms in the order of their relative ranking.
Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent. If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent. Selection may be made without further discussion, negotiations or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP.
Offeror must demonstrate an understanding of the scope of services to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall proposal. The City reserves the right to request
additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award
When the Review Panel has completed its work, City staff will then recommend consultant(s) to the City Council for approval. The services provided by the successful bidder(s) shall be governed by a Standard Services Agreement (Attachment 2).
ATTACHMENT 1: Insurance Requirements
ATTACHMENT 2: Standard Contract
ATTACHMENT 3: Sanctuary City Compliance Statement
ATTACHMENT 4: Sanctuary City Contracting Ordinance
City of Richmond
Project Participation Report for Project Green-Blue New Deal Workforce Development Plan RFP Issued on 10/07/2021
Bid Due on November 02, 2021 3:00 PM (PDT)
Exported on 03/23/2022
Vendor Name Notified
Prospective
Bidder Downloaded Files Bidder
S .Stephens Cable Constuction Inc. X
10-8 Systems X
18 Reasons X
2 M Engineering Corp. X
22nd Century Staffing, Inc. X
22nd Century Technologies, Inc. X
2M SOLUTIONS, INC X
2meart.com X
4HIRE HR Solutions X
4matix X
648 Group X
A & S Energy Run Group X
A Black Education Network X
A Squared Ventures, Inc. X
A+ Environmental Solutions X
A-1 Tank Services X
A-1-Kuh-Muter Services, LLC X
A-N West, Inc. X
A-Para Transit X
A-Z Bus Sales, Inc X
A. M. Peche & Associates LLC X
A2Z Engineering Inc. X
A3GEO, Inc. X
AAMCOM X
ABM Electrical Power Services, LLC X
ABSG Consulting X
ACC Environmental Consultants X
ACI Construction CO Inc. X
ACL Construction & Remodeling inc. X
ACT, Inc. X X X
ADS Consulting Group, Inc X
ADVANCED CONSTRUCTION SERVICES INC X
ADVANCED SURVEYING SERVICES INC. X
ADVANTEC Consulting Engineers, Inc. X
AE Incorporated X
AECOM X
AECOM X
AECOM X
AECOM X
AECOM X
AECOM Technical Services, Inc. X
AEI Consultants, Inc X
AEM Consulting X
AGS, INC. X
AGS, Inc. X
AGTEK Development Company X
AIM Computer Training Inc X
AIM Consulting Inc X
AIM Consulting Services X
AIMS/PVIC CA, LLC X
AIS Market Reserch, Inc X
AIXTEK X
AJ Vasconi, Inc. X
AKRF, Inc. X
ALIRON INTERNATIONAL INC X
ALL N ONE X
AMBIENT Air Quality & Noise Consulting X
AMCAL Multi-Housing, Inc. X
AMEC Environment & Infrastructure, Inc. X
AMEC Geomatrix, Inc. X
AMI Risk Consultants Inc. X
AMPCO Contracting, Inc. X
AMS CONSULTING, LLC X
AP Land Developments X
APSI Construction Management X
AQYER, LLC X
ARCADIS US, Inc X
ARCADIS-US X
ASLI X
AST Corporation X
ATC GROUP SERVICES INC. X
ATLAS Lab Inc. X
AU & Associates Inc. X
AV Energy & Associates/Title24 X
AVAR-SAS X
AVS Engineers Inc. X
Aanko Technologies Inc. X
Abacus X
Abacus Management Services, LLC X
Abacus Service Corporation X
Abel Bainnson Butz, LLP X
Abextra Landscape Architectural Environ X
Abhe & Svoboda Inc. X
Able General Engineering, Inc. X
Above Consulting Inc. X
Abrams Associates X
Abt Associates Inc. X X X
Abt SRBI, Inc. X
Acacia Consultants and Engineers X
Academics Plus, Inc. X
Academy Securities X
Accell PA X
Access Capital Services, Inc. X
Access Limited Construction X
Accountable Assets Inc X
Accurate Cleaning X
Achievement Engineering Corp. X
Acro Service Corporation X
Active Treatment Systems, Inc. X
Actuarial Factor LLC X
Add2Payroll Inc X
Addison Distributing X
Aderholt Specialty Company, Inc X
Admiring Eye X
Adobe Associates, Inc. X
Advance Crime Scene Restoration (ACSR INC.) X
Advanced Alarm Inc X
Advanced Boring Specialists, Inc. X
Advanced Care Training, LLC X
Advanced Chemical Transport Inc X
Advanced Educational Corporaiton X
Advanced Energy Systems, Inc X
Advanced GeoEnvironmental, Inc. X
Advanced Geosolutions Inc X
Advanced Home Energy X
Advanced Hydro Engineering, Inc. X
Advanced Pipeline Inspection Technology X
Advanced Pipeline Services Inc. X
Advanced Pipeline Services, Inc X
Advanced Systems Services, Inc. X
Advantage Total Protection Inc. X
Aegis ITS X
Aero-Environmental Consulting X
Aero-Metric, Inc X
Aetypic X
Affiliated Engineers, Inc. X
Affiliated Research Economics X
AgCEL X
Agiline LLC X
Agtek Development Company X
AguaTierra Associates, Inc. X
Ahlborn Structural Steel Inc. X
Aim to Please Janitorial Services X
Air Science Technologies, Inc. X
Airborne Biometrics Group, Inc. X
Airco Commercial Services, Inc. X
Airgas Northern California Nevada X
Ajilon LLC X
Akar Inc X
Alamo Capital X
AlarconBohm X
Alarm Program Systems LLC X
Albay Construction Co X
Albay Construction Co X
Albert A. Webb Associates X
Albion Environmental, Inc. X
Albion Environmental, Inc. X
Alex Kushner General Contractor X
Alfred Civil Engineering X
Alfred Martinez Engineering X
Aliquot Associates, Inc. X
Alisto Engineering Group X
All American Rentals X
All Environmental Inc X
All Environmental Inc. X
All Terrain, Inc. X
All Trinkets & Treasures, Inc. X
All-Comm Industries, Inc X
All-Phase Electric Supply X
AllWest Environmental, Inc. X
Allana Buick & Bers, Inc. X
Allana Buick & Bers, Inc. X
Allen Matkins Leck Gamble Mallory & Nats X
Allerion Consulting Group, Inc. X
Alliance Resource Consulting LLC X
Alliance Welding Supplies, Inc. X
Alliance to Save Energy X
Alliant Consulting Inc. X
Allied Environmental Inc. X
Allison and Partners X
Alluvion Biological Consulting X
Allvision, LLC X
Ally Electric and Solar Inc X
Almedariz Traffic Control X
Aloft Engineers X
Alpha 1 Construction X
Alpha Design & Construction X
Alta Archaeological Consulting LLC X
Alta Engineering Group, Inc X
Alta Planning + Design X
Alta Planning + Design X
Alta Vista Solutions X
Altec Systems Inc X
Alvarez & Associates, Inc. X
Amarjan Corp X
Amazon Web Services, Inc. X
Ambient Energy X
Amec Foster Wheeler X
Amec Foster Wheeler Environment & Infrastructure, Inc.X Amenta Systems Research and Development X
Ameresco X
American Appraisal Associates, Inc. X
American Civil Constructors West Coast LLC X
American Construction & Environmental X
American Eagle Environmental X
American Engineering Laboratories, Inc. X
American Geotechnical, Inc. X
American Institutes for Research X
American Integrated Services, Inc. X
American Mechanical Services of WC, Inc X
American Pavement Systems X
American Pipeline Services X
American Power Systems, LLC X
American Technologies, Inc. X
Amicus - Strategic Environ Consulting X
Amy Ekan Business Enterprises X
Amy G. Pineda X
Amy Skewes-Cox, AICP X
Anacomp Doculynx X
Analytic Focus, LLC X
Analytic Insight X
Analytica Consulting X X X
Analytical Environmental Services X
Anbessaw Consulting Inc. X
Anchor QEA CA LP X
Anchor QEA, LLC X
Anderson Pacific Eng. Const., Inc X
Anderson Pine Corporation X
Andrea Englehart X
Andregg Geomatics X
Andregg Geomatics X
Andrew M Jordan Inc X
Angel Electric X
Angelo Utilities X
Angotti & Reilly, Inc. X
Anhor Engineering, Inc. X
Aniko Sherry International X
Anjanette Scott X
Anyka Barber X
Aon Consulting, Inc. X
Aon Fire Protection Engineering X
Apadana Engineering, Inc. X
Apex Diving and Marine Services, Inc X
Apex Envirotech Inc. X
Apex Testing Laboratories, Inc. X
Apollo Construction Co. X
Appian UDBE SWPPP X
Applegate Johnston, Inc. X
Appleseed Strategy X
Applied Development Economics X
Applied Development Economics, Inc. X
Applied Engineering and Geology, Inc. X
Applied Engineering and Geology, inc. X
Applied Marine Sciences, Inc. X
Applied Materials & Engineering X
Applied Materials & Engineering, Inc. X
Applied Materials & Engineering, Inc. X
Applied Remedial Technologies Inc. X
Appraccel X X X X
Aptim Environmental & Infrastructure X
Aquacoustic Remote Technologies X
Aquatic Harvesting X
Aquifer Sciences X
Aquifer Solutions, Inc. X
Arbor E&T, LLC X
ArcSine Engineering X
Architectural Dimensions X
Architectural Resources Group X
Ardent Technologies Inc X
Area West Environmental, Inc. X
Argonaut Constructors X
Arizona Instrument LLC X
Arrow Drillers X
Arrow Sign Company X
Artemis Management Consultants X
Arthur J. Hurley Company X
Arup X
Arup North America, Limited X
Arup US, Inc X
Asberry Services X
Ascend Innovations X
Ascent Environmental, Inc. X X X
Asentex, Inc X
Ashbury General Contracting and Engineer X
Ashron Construction & Restoration Inc X
Aspen Environmental Group X
Asplundh Construction Corporation X
Association Studios, LLC. X
Association for Energy Affordability, Inc X
AstroTurf X
Athletic Mentors Youth Program LLC X
Atkinson Construction X
Atkinson Contractors, LP X
Atlas Peak Construction X
Atlas Planning Solutions X
Atlas Technical Consultants X
Atomic Dumpling X
Atria infotech Services X
Attic Consulting X
Aura Management Consulting, LLC X
Auriga Corporation X
Aurora Environmental Services, Inc. X
Ausenco PSI X
Auto-Graphics, Inc. X
Autocene, Inc. X
Avalon Battery X
Avant Energy X
Avesis Third Party Administrators, Inc. X
Aviben X
Avila Project Management X
Avocette Technologies Inc. X
Axiom Engineering and Science X
Axxera Inc X
Azco Supply, Inc X
Aztec Consultants X
Azul Works, Inc. X
B A R 1 Construction X
B2K Social Ventures LLC X
BAE Urban Economics, Inc X
BAR Sustainability X
BASE Design X
BASE Energy Inc X
BAYVIEW BUILDERS, INC X
BBC Home Entertainment X
BBJ Electric Inc X
BC Engineering Group X
BCV Architecture + Interiors, Inc. X
BDO PHA Finance X
BEA Architects, Inc. X
BEAR COMMUNICATIONS X
BEAZKNEAZ X
BFGC-IBI Group Architecture Planning X
BHI Management Consulting X
BJY Phoenix X
BKF Engineers X
BKF Engineers X
BKF Engineers X
BKT X
BL Management Consulting LLC X
BLD Consulting X
BLX Group LLC X
BOGC Inc. X
BOLDplanning, Inc X
BRC-Equals3, Inc. X
BRIDGEWAY CIVIL CONSTRUCTORS, INC. X
BSK Associates X
BURKEL CONSTRUCTION, INC X
BVA X
Baber Technical Consulting X
Backstrom McCarley Berry & Co., LLC X
Baines Group, Inc X
Bajada Geosciences, inc. X
Baker Rescue Services X
Baker Tilly Virchow Krause, LLP X
Balance Hydrologics X
Balfour Beatty Infrastructure Inc. X
Ballard Spahr LLP X
Baloo Consulting X
Baniqued Commercial Real Estate X
Bank of America X
Bank of San Francisco X
Bank of the West X
Bantam Strategy Group X
Banyan Solutions Inc X
Bara Infoware Inc X
Barahona International & Associates X
Barkwood Digital X
Baron Center, Inc X
Barrera's Builders X
Barry ' s Construction X
Barry Foster Electrical Contractor X
Bartel Associates , LLC X
Bartlett Actuarial Group, Ltd. X
Basin Research Associates, Inc. X
Batey Co. Construction X
Bauer's Limousine Services, Inc. X
Bay Area Barricade Service Inc. X
Bay Area Builders Exchange X
Bay Area Concretes, Inc. X
Bay Cities Paving & Grading, Inc. X
Bayen Group X
Bays Investment, Inc. X
Bayview Environmental Services Inc X
BeNoble Energy Solutions X
Bear Engineering Group X
Bear, Stearns & Co. Inc. X
Bear3 Consultants LLC X
Beautiful Redeemer Ministries X
Behavior Research Center X
Bellingham Marine Industries, INC X
Ben Noble X
BenTyler, a Subsidiary of CEA X
Benefit Funding Services Group X
Bennett Engineering Services, Inc. X
Berkeley Youth Alternatives X
BerkeleyBound, Inc. X
Berkowitz Civility Group X
Berkson Associates X
Bernardini Enterprises Inc. X
Bet-El Construction, Inc. X
Beth Power X
Bette AB Mammone X
Bewegen Technologies Inc. X
Beyaz & Patel, Inc. X
Beyaz & Patel, Inc. X
Beyond Consulting X
Bickmore and Associates, Inc. X
Bid America X X X
Bid Ops Inc. X
BidGrid X
BidJudge X
Big Al's Grime Fighters X
Big-D Pacific Builders X
Bike East Bay X
BioMaAS, Inc. X
BioVir Laboratories, Inc X
Biological Monitoring & Assessment Speci X
Biological Solutions of California X
Bionic Landscape Inc. X
Birdi And Associates,Inc X
Black & Veatch Corporation X
Black & Veatch Corporation X
Blackberry AtHoc X
Blackburn Consulting X
Blais & Associates LLC X
Blankinship & Associates, Inc. X
Blankinship & Associates, Inc. X
Blessed Enterprises LLC X
Bloei-Bloom Educational Enrichment X
Blue Fifteen, LLC X
Blue Line K9 LLC X
Blue Ocean Civil Consulting X
BlueWater & Associates, Inc. X
Bluecrane, Inc. X
Bluhon Group, Inc. X
Blymyer Engineers X
Blythe Lucero X
Bob Gold & Associates X
Bohannon Eberts Design X
Bohm Environmental X
Boiled Architecture X
Bomel Construction Company, Inc. X
Bond Services X
Bonkowski & Associates, Inc. X
Bonneau Dickson PE X
Booth & Associates International X
Booth Research Group, Inc. X
Borrego Solar Systems, Inc. X
Borrelli And Associates, Inc. X
Bosch Construction, Inc. X
Bottomley Associates Urban Design and Ci X
Bottomley Design & Planning X
Boudreau Associates LLC X
Bourntec solutions Inc X
Boyer Communications Group X
Bradburne, Briller & Johnson X
Bradley Tanks Inc. X
Brand Culture Company, LLC X
Brandstrata, LLC X
Brannon, Inc. X
Brave Area X
Brenda D. Davis X
Brian Mills and Associates X
Bridgetown Construction X
Bright Futures Growth and Development Center X
Bright Research Group X
Bright Street, Inc X
BroadSpec, Inc. X
Brogan Home Inspection, Inc. X
Bronner Group, LLC X
Brosha Painting, Inc. X
Brown Smith Wallace LLC X
Brown and Caldwell X
Brown and Caldwell Environmental Consultants X
Browne, Bortz and Coddington, Inc X
Bruce Carone Grading & Paving, Inc. X
Bruce Jett Associates, Inc. X
Bugler Construction, Inc X
Build It Green X
Build It Green X
Building Services Maintenance, Inc X
Bureau Veritas X
Burgeon IT Services LLC X
Burnham Benefits X
Burnham Benefits X
Burns & McDonnell Engineering Company, I X
Buro Happold X
BuroHappold Engineering X
Burton Builders LLC X
Business Advantage Consulting X
Business Emergency Safety Training X
Business Emergency Safety Training X
Business Resource Group, LLC X
C G Builders X
C&N Reinforcing, Inc. X
C. Sandidge & Associates X
CA Construction X
CAB Collection Agency, Inc. X
CAL INC X
CALINC Training, LLC X
CAVION X
CB Utility Consulting X
CDIM Engineering, Inc. X
CDM Smith X
CDM Smith X
CE Supply, LLC X
CETCO X
CF Contracting, Inc. X
CGI Federal Inc. X
CGR Management Consultants LLC X
CH2M HILL Engineers X
CHARTER BROS X
CHS Consulting Group X
CIN X
CJC TRUCKING COMPANY X
CJIS GROUP X
CJIS GROUP, LLC X
CJS Automatic Fire Sprinkler Systems Inc. X
CK Arts, Inc. X
CKG Communications X
CLE Engineering X
CLR Executive Consulting X
CLYDE G. STEAGALL, INC. X
CMB Real Estate Solutions X
CMC REBAR X
CMC Traffic Control Specialists X
CMC Traffic Control Specialists X
CMG Alliance X
CMH Inspection Services X
CMS Consulting X
CMX, LLC X
CNS Environmental, Inc. X
COATS PLUMBING, INC. X
CODE NDT, LLC X
COGENT Infotech Corporation X
COOLSOFT LLC X X X
COR X
COR Engineering X
CP Manufacturing X
CPM Logistics, LLC X
CPM Logistics. LLC X
CPS Human Resource Services X
CREEGAN + D'ANGELO X
CRZ Consulting, LLC X
CSE INC. X
CSG Advisors X
CSG Consultants, Inc. X
CSG Consultants, Inc. X
CSW/Stuber-Stroeh Engineering Group, Inc X
CTE Cal, Inc. X
CTN X
CVC ENVIRONMENTAL, INC. X
CVR Associates, Inc. X
CWS Construction Group INC X
CXC DIGITAL LLC X
CYPRESS MANDELA TRAINING CENTER, INC. X
Cafiero Maritime Services X
Cailin Construction, Inc. X
Cal Engineering & Geology, Inc. X
Cal Engineering & Geology, Inc. X
Cal Sierra Construction, Inc. X
Cal Signal Corp X
Cal-Am Planning & Design Group X
CalRecovery, Inc. X
Calcon Systems Inc. X
Calculus Roundtable X
Caliber General Engineering, Inc X
Calif. Conference of Arson Investigators X
California Computer Schools, Inc X
California Constructores X
California Creative Solutions, Inc. X
California Diamond Energy Solutions X
California Engineering Company, Inc X
California Engineering Contractors, Inc. X
California Environmental Servcies, LLC X
California Media Solutions, Inc. X
California Power Partners Inc X
California Professional Builders, Inc. X
California Reentry Institute X
California Solar Integrators, Inc. X
California State University, Sacramento, Center for Collaborative PolicyX California Strategies X
California Western Visuals X
Callander Associates X
Calvada Surveying X
Cambridge Systematics X
Cameron-Cole X
Canon Business Solutions X
Canterbury Business Center X
Capital Partnerships Inc. X
Capital Research + Consulting LLC X
Capital Typing X
Capitol City Development Inc. X
Capitol Digital X
Caporicci & Larson, Inc. X
Carbon Green Energy Partners X
Cardno X
Cardno GS, Inc. X
Cardno, Inc. X
Carducci & Associates, Inc. X
Carey Fisher Inc. X
Carlile Macy Inc X
Carlson, Barbee and Gibson X
Carlton Engineering Inc. X
Carlyle Capital Markets X
Carmen Aguilar X
Carolina Capital Markets X
Carollo Engineers, Inc X
Carone and Company Inc. X
Carone and Company Inc. X
Carpenter X
Carrier Commercial Service X
Carrier Johnson X
Cascade Healthcare Services X
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JBI Water & Wastewater Equipment X
JEDCO Consulting Engineers X
JENSEN HUGHES, Inc. X
JES Engineering, Inc X
JGS Performance Solutions, LLC X
JK Seva, Inc X
JKP Analysts, LLC X
JL GROUP, LLC X
JL TEAMWORKS X
JM Integration LLC X
JMB Construction, Inc. X
JMC X
JMC Consulting X
JOA Group X
JONESGOV CORPORATION X
JP Bushnell Packing Supply Co. X
JPMorgan Chase & Company X
JS Company X
JSA Consulting Services X
JTB Associates Inc. X
JUI Consulting X
JUV Inc X
JVA Consulting, LLC X
JWD Group, a Division of DMJM Harris X
Jabez Enterprise Group (JEGroup) X
Jack Clancy Associates X
Jack Frost Design X
Jacks Consulting X
Jackson Business Group X
Jacobs X
Jacobs X
Jaeb Designs X
Jaeco Fire and Safety X
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James P Richardson, CPA, Inc. X
Jane Kow & Associates X
Janus Corporation X
Jason Armstrong X
Jason Winkler X
Jayne Lopez X
Jayne Williams X
Jefferson Solutions, Inc. X
Jensen Drilling Company X
Jessica Ruiz X
Jim Freethy Excavating, Inc. X
Joan Murcia X
Joe HUNT X
Joe Hill Consulting Engineers X
John A Martin & Associates San Luis Obispo Structural EngineeringX John Benward Company, Inc. X
John Claude Garcia X
John M Watkins X
John Pope Inc. X
John T. Nejedly X
Johnson & Associates LLC X
Johnson Marigot Consulting X
Johnson Western Gunite Company X
Johnson-Peltier X
Jon David Cicchetti Landscape Architect X
Jonas and Associates Inc. X
Jones Lang LaSalle Americas, Inc. X
Judge Netting, Inc. X
Judith R. Carey X
Jungle Communications, Inc. X
Just Cities Institute X
Just Imagine KidZ X
K L Hampton, Group, LLC X
K. G. Walters Construction Company, Inc. X
K.A. Hart & Associates X
K.J. Woods Construction X
K2A, LLP X
KAI Partners Inc X
KCP, Inc X
KDI Consultants, Inc. X
KDJA SERVICES LLC X
KELLCO Services X
KM INDUSTRIAL, INC X
KNN Public Finance, LLC X
KP Public Affairs X
KPFF X
KPFF Consulting Engineers X
KPFF Consulting Engineers X
KPMG LLP X
KR NIDA CORPORATION X
KSENG INC X
KTU+A X
Kal Krishnan Consulting Services, Inc. X
Kana Pipeline Inc X
Kaneko and Krammer Corp. X
Karla Pineda X
Karste Consulting Inc. X
Katherine Hunter-Blyden X
Kathleen Russell Consulting X
Katz & Associates X
Katz & Associates X
Kaygen, Inc. X
Kazarians & Associates, Inc. X
Kearns & West X
Keenan & Associates X
Keith B. Higgins Associates, Inc. X
Ken Kay Associates X
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Kennedy/Jenks Consultants, Inc. X
Kenney and Associates X
Kenwood Energy X
Keolis Transit America X
Kevin Hart Architecture X
Keyser Marston Associates, Inc. X
Kforce Inc. X
Khatri International Inc. X
Kibel Green Incorporated X
Kidder Mathews & Segner X
Kier + Wright Civil Engineers and Surveyors Inc. X
Kiewit Infrastructure West Co. X
Kimley-Horn and Associates, Inc. X
Kinnetic Laboratories, Inc. X
Kinsell, Newcomb & De Dios, Inc. X
Kister, Savio & Rei, Inc X
Kister, Savio & Rei, Inc. X
Kitchell CEM X
Kizmo Incorporated X
Kjeldsen, Sinncok & Neudeck, Inc. X
Kleinfelder X
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Kleinfelder West Inc. X
KodamaDiseño, Inc. X
Kofax X
Kofile Preservation, Inc. X
Koppel & Gruber Public Finance X
Korth Sunseri Hagey Architects X
Kosmont Companies X
Kovarus/AHEAD X
Kraus Maintenance Services Corporation X
Krazan & Associates, Inc. X
Kreativz X
Krupka Consulting X
Kuder, Inc. X
L. D. STROBEL CO., INC. X
L. Luster & Associates, Inc. X
L. Robert Kimball & Associates X
L.N.Curtis & sons X
LA Consulting X
LAK Associates, LLC X
LANER ELECTRIC SUPPLY X
LB Foster X
LCPtracker, Inc. X
LDA Architects, Inc. X
LDL ASSOCIATES X
LEE & RO, Inc X
LEE & RO, Inc. X
LIN Consulting, Inc. X
LINC Housing X
LJ Consultants X
LLA X
LMI Northern California X
LNI Custom Manufacturing X
LOGIC PLANET CS INC X
LRS...Architecture X
LSA Associates X
LVI Environmental Services, Inc. X
LVX Global Inc. X
LaVerne Braxton, CPA X
Laborers Community Training Foundation X
Laco Associates X
Lagoon Conservation, LLC X
Lamphier-Gregory X
Landtech Consultants X
Langan Engineering and Environmental Services Inc. X
Lankford & Associates, Inc. X
Lao Family Community Development X
Larry Walker Associates X
Larry and Cliff Enterprises, Inc. X
Latressa Wilson Alford, JD X
Laura Cole-Rowe X
Laura Peth X
Law Enforcement Accreditation Consultants, Inc X
Law Enforcement Systems, Inc X
Law office of ayana k. Young X
LazBro, Inc. X
Lazar Consultants X
LeSar Development Consultants X
Lea and Braze Engineering, Inc X
Leann Taagepera Environmental Planning X
Learning WHEELS X
Lechowicz & Tseng Municipal Consultants X
LeeNan Enterprises, Inc. X
Leidos X
Leifcoon Construction X
Lend A Hand LLC X
Lend Lease X
Lenz Incorporated X
Leptien, Cronin, Cooper, Morris & Poore X
Lett Technologies X
Lettis Consultants International, Inc. X
Lewellyn Technology X
LexisNexis Coplogic Solutions Inc X
Library Associates, Inc. X
Liebert Cassidy Whitmore X
Liftech Consultants Inc X
Light Planning X
Lightwave Construction Inc. X
LimnoTech X
Linea Solutions X
Linear West, Inc X
Linwood Engineersing Associates X
Lionakis X
LiquiVision Technology Inc. X
Lisa Hunter X
Lisa Wise Consulitng X
Lisa's Word Processing and Consulting Services X
List Engineering X
Lister Construction X
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Living Benefits Inc. X
Local Government Commission X
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Lone Star Solutions Group X
Longworth Capital Group X
Loomis Armored US X
Lorbel Inc X
Lords Electric Inc X
Lumenos LLC X
Luminamp, Inc X
Luna Group X
Lux Bus America Co. X
Lynn Merrill and Associates Inc X
M Chenault Management Consulting X
M Coach X
M Consulting, LLC X
M Gutierrez Inc X
M I C K Enterprises X
M&N X
M&m Docx X
M-Group X
M.A. McClish Excavating, Inc. X
M.Cubed X