MEETING(S) - (Meeting(s) are virtual)
REGULAR RICHMOND CITY COUNCIL AGENDA
Tuesday, October 4, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
Nathaniel Bates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
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CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.
How to watch the meeting from home:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted.
Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
Via email: to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx
To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called CC Mtg, 10-4-2022
upon, press the unmute button. After the allotted time, you will then be re-muted. **
To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **
**The mayor will announce the agenda item number and open public comment when appropriate.
The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.
AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.
Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.
Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the CC Mtg, 10-4-2022
language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.
Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.
Pages
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A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
.
C.1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Jaclyn Gross and Sharrone Taylor Employee organizations:
SEIU Local 1021 Full Time Unit and Part Time Unit1.
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units
2. Richmond Police Officers Association RPOA3.
Richmond Police Management Association RPMA4.
IAFF Local 1885.
Richmond Fire Management Association RFMA6.
C.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 12th and Macdonald
Agency negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
•
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
•
C.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Morais v. City of Richmond•
Richmond Shoreline Alliance v. City of Richmond•
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C.4. CONFERENCE WITH LEGALCOUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuantto paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Two cases:•
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching two letters to this agenda. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
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F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
N. OPEN FORUM FOR PUBLIC COMMENT
O. CITY COUNCIL CONSENT CALENDAR
O.1. City Clerk's Office
O.1.a. City Council Meeting Minutes 12
APPROVE the minutes of the September 13 and 20, 2022, Richmond City Council meetings - City Clerk's Office (Pamela Christian 510- 620-6513).
O.2. City Manager's Office
O.2.a. Dock Maintenance at Point Potrero Marine Terminal 28 APPROVE an agreement with QA Constructors, Inc., in an amount not to exceed $64,000, to complete general pavement repairs at the Point Potrero Marine Terminal – Port Department (Shasa Curl/Lizeht Zepeda 510-620-6653).
O.3. Finance Department
O.3.a. Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of August 2022
96 RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of August 2022 – Finance Department (Delmy Cuellar 510-620-6740).
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O.4. Human Resources
O.4.a. Resolution Amending City's Salary Schedule And Position Control 111 ADOPT a resolution amending the salary schedule to revise the salary ranges for Communications Dispatcher I/II, Engineer I/II, Associate Civil Engineer, and Senior Civil Engineer; AMEND authorized staffing (i.e., position control) to add two (2) Parking Enforcement Representatives to the Police Department; and APPROPRIATE funds for associated wages, salaries, and
compensation for two (2) Parking Enforcement Representatives positions – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
O.5. Library and Community Services
O.5.a. California State Library Building Forward: Library Infrastructure Program Grant Award of $9,712,979
120
ADOPT a resolution to ACCEPT and APPROPRIATE the California State Library Building Forward: Library Infrastructure Program grant award of $9,712,979 to significantly renovate the Richmond Main Library; APPROPRIATE matching funds in the amount of $3,656,490 in American Rescue Plan Act funds, $700,000 from Library Impact Fees, and $500,000 from the Capital Improvement Program budget; and AUTHORIZE the city manager or designee to execute the Grant Agreement and other documents necessary to achieve the purpose of this grant award – Library and Community Services Department (LaShonda White/Diana Lopez/Christopher Larsen 510-620-5524).
O.5.b. California State Library Grant Awards for Adult Learner Educational Programming and Family Literacy Programming
143
ADOPT a resolution to ACCEPT and APPROPRIATE California State Library grants, in the amounts of $97,554 and $34,194, for a total award of $131,748, to support educational programming offered at the library’s literacy services program, Literacy for Every Adult Program – Library and Community Services Department (Diana Lopez 510-620-5452/Abigail Sims-Evelyn 510-307-8084).
O.5.c. California State Library Grant Award to Support Literacy For Every Adult Program’s English as a Second Language Program
185
ADOPT a resolution to ACCEPT and APPROPRIATE a California State Library grant, in the amount of $54,300, to support English as a Second Language educational programming offered at the library’s literacy services program, Literacy for Every Adult Program (LEAP) – Library and Community Services Department (Diana Lopez 510-620- 5452/Abigail Sims-Evelyn 510-307-8084).
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O.5.d. Update of Language Currently in Resolution 141-00 227 ADOPT a resolution to amend Resolution 141-00 to replace “Workforce Investment Board” with “Workforce Development Board”, and “Employment and Training Director” with “City Manager or their designee”, to allow the Employment and Training division to remain eligible to receive workforce development funds from the State of California – Library and Community Services Department (LaShonda White/Tamara Walker 510-307-8006).
O.6. Mayor's Office
O.6.a. California Clean Air Day – October 5, 2022 234
PROCLAMATION declaring October 5, 2022, as California Clean Air Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510- 620-6503).
O.6.b. Arbor Day – October 15, 2022 237
PROCLAMATION declaring October 15, 2022, as Arbor Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.6.c. Hispanic Heritage Month - September 15 – October 15, 2022 240 PROCLAMATION declaring September 15 – October 15, 2022, as Hispanic Heritage Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.7. Police Department
O.7.a. Proposed Contract to Continue Services with the Children’s Interview Center (CIC)
243
APPROVE a five-year, sole-source contract for Children’s Interview Center (CIC) services to support forensic interviews of children victimized by sexual or physical abuse, and/or who have been severely neglected for the period July 1, 2021, to June 30, 2026, with the Children Interview Center (CIC), in a total amount not to exceed $75,000 - Police Department (Chief Bisa French 510-621-1802).
O.7.b. Ordinance to Approve a Military Equipment Use Policy. 270 INTRODUCE an ordinance (first reading) pursuant to state law (Assembly Bill 481) to approve Richmond Police Department Policy 707 - Military Equipment Use Policy - Police Department (Chief Bisa French 510-621-1802).
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O.8. Public Works
O.8.a. ECIA Urban Greening Budget Amendment 311
ADOPT a resolution to APPROPRIATE the Environmental and Community Investment Agreement (ECIA) Urban Greening budget in the amount of $100,000 using the fund balance - Public Works Department (Greg Hardesty 510-620-6920).
O.8.b. Authorize Sole-Source purchase of two Trane heater units for Developing Personal Resources Center (DPRC).
340
APPROVE the purchase of two Trane heater units from Specialty A/C Products, Inc. to replace two malfunctioning units, in an amount not to exceed $33,520 – Public Works Department (Jose Urquilla 510- 620-5478).
O.8.c. City Council Chairs Reupholstery 348
APPROVE a contract with O&R Auto Upholstery to reupholster 47 City Council chairs, in an amount not to exceed $14,766.25, with a term beginning October 5, 2022, and ending June 30, 2023 – Public Works Department (Jose Urquilla 510-620-5478).
O.8.d. Accept and Appropriate Grant funds for the Pt. Molate Bay Trail 377 ADOPT a resolution to ACCEPT and APPROPRIATE $150,000 in San Francisco Bay Trail funds, from the Association of Bay Area Governments (ABAG), for construction of the Point Molate Bay Trail Project – Public Works Department (Yader Bermudez 510-774-6300).
P. PUBLIC HEARINGS
P.1. General Plan Amendment, Rezoning, Density Bonus for Waivers, and Design Review for a 135-unit mixed-use affordable and supportive housing development
397
HOLD a Public Hearing to ADOPT a resolution approving an Addendum to the General Plan Final Environmental Impact Report (EIR), approving a General Plan Amendment to modify the land use classification from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), Design Review, and Density Bonus for the purposed of obtaining waivers; and INTRODUCE an ordinance (first reading) approving a Zoning Map Amendment to rezone the from PCI, Public, Cultural, and Institutional to CM-3, Commercial Mixed-Use a 2.84 acre site at 100 38th Street for a mixed-use 135-unit affordable and supportive housing development – Community Development Department (Lina Velasco 510-620-6706).
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Q. NEW BUSINESS
Q.1. Appointment of a Retired Annuitant to Perform Extra Help/Special Project Law Enforcement Services in the Police Department.
667
APPROVE the appointment of Louie Tirona as a retired annuitant for a limited term, extra help/special project role not to exceed one (1) year or 960 hours, whichever comes first – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
Q.2. Develop a Strategy to Prevent Richmond from Becoming a Location for Homeless Encampments as Encampments in Neighboring Cities are being Evacuated
678
DIRECT City staff to immediately prepare an emergency action plan to avoid the City of Richmond from becoming a destination for homeless encampments and dumping grounds – Councilmember Nathaniel Bates (510-620-6743).
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
S. ADJOURNMENT
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RICHMOND, CALIFORNIA,
September 13, 2022, 4:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 4:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates, Melvin Willis, and Vice Mayor Eduardo Martinez arrived after the roll was called.
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
• Terry Ellis
• Evette Frevele
• GEICO/Cortez
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Jaclyn Gross and Sharrone Taylor Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
• The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
• North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
• SPRAWLDEF et al. v. City of Richmond
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C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case:
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda 1 memo regarding the Measure U and a meeting where litigation was threatened.
This memo provides the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency Negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
Property: 12th and Macdonald
Agency Negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
Open Session adjourned at 4:03 p.m. Closed Session adjourned at 6:35 p.m.
F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:41 p.m. by Chair Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. REPORT FROM THE EXECUTIVE DIRECTOR
Executive Director Nanette Beacham presented a PowerPoint which highlighted the following: Housing Authority of Contra Costa Project-Based Voucher; PHARS Agreement update; and RHA Financial Update.
K. AGENDA REVIEW
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None.
L. HOUSING AUTHORITY OPEN FORUM
None.
M. HOUSING AUTHORITY CONSENT CALENDAR
Ayes (8): Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Scott
Passed (8 to 0)
M.1 Richmond Village Memorandum of Understanding (MOU)
ADOPT a resolution approving a Memorandum of Understanding (MOU) by and among the Richmond Housing Authority (RHA), MBA Urban Development Co., a Missouri corporation, Community Housing Development Corporation of North Richmond (CHDC), and MBS Easter Hill Acquisition Partner, LLC, pertaining to the operation of the Easter Hill development phases I and II, and cooperation regarding potential Rental Assistance Demonstration (RAD) Conversions for the developments with a term ending December 31, 2023; and AUTHORIZE the Executive Director to execute the MOU – Richmond Housing Authority (Nannette J. Beacham 510-621-1300).
Adopted Resolution No. 2167
M.2 Housing Authority Minutes
APPROVE the minutes of the July 19, 26, and August 19, 2022, Richmond Housing Authority special meetings - City Clerk's Office (Pamela Christian 510- 620-6513).
M.3 Nystrom Village Exclusive Right to Negotiate Agreement (ERNA) ADOPT a resolution authorizing the Executive Director of the Richmond Housing Authority (RHA) to execute an Exclusive Right to Negotiate Agreement (ERNA) with McCormack Baron Salazar and Richmond Neighborhood Housing Services; and AUTHORIZE the Executive Director of the RHA to negotiate a Master Development Agreement (MDA), Ground Leases, Disposition and Development Agreements, and any other related documents and agreements necessary for the redevelopment and operation of Nystrom Village – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2168
N. ADJOURNMENT
The meeting adjourned at 7:05 p.m.
O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 7:05 p.m. by Thomas K. Butt via teleconference.
P. ROLL CALL
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Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.
Q. STATEMENT OF CONFLICT OF INTEREST
None.
R. AGENDA REVIEW
None.
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:
C.1. Liability Claims - the Council voted to finalize agreements Terry Ellis - 6 to 0 with Councilmember Willis absent
Evette Frevele - Unanimous vote
GEICO/Cortez - 6 to 1 with Mayor Butt voting Noe
C.2. Conference with Labor Negotiators - Council gave direction for further negotiations C.3. Conference with Legal Counsel - Existing Litigation - No reportable action C.4. Conference with Legal Counsel - Anticipated Litigation - (initiation of litigation) - One case - Council received Measure U status report and gave direction to continue further discussion
C.5. Conference with Real Property Negotiator - Items continued to September 20, 2022, agenda
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: the city received a $9.7 million dollar grant in library infrastructure grant funds for the Richmond Main Library; announced a Homelessness Community Forum on Wednesday September 14, 2022, at 6:00 p.m. to address the homelessness strategic plan. Those interested may contact 510-620-6706; and that COVID-19 and Monkeypox vaccines were available at the Richmond Auditorium.
U. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Director of Public Works Joe Leach presented a PowerPoint which highlighted the following: Neighborhood Dumpster Days; Illegal Dumping; Encampment Abatement; Fennel Abatement; Weed Abatement; and Graffiti Removal.
V. OPEN FORUM FOR PUBLIC COMMENT
Ben Cardona gave comments regarding the rental moratorium that did not allow for owners ability to move back into their properties.
Payton Silket urged the city to allow services to be provided to residents of Rydin Road and to extend the deadline that would remove them.
Deborah Bayer asked what encampment abatement entails, such as relocation of the unhoused.
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Councilmember Bates recognized and thanked Commission on Aging Chair Myrtle Braxton for her service and wished her a happy birthday.
Naomi Williams stated that Myrtle Braxton requested that in lieu of gifts, donations were made to Greater Richmond Interfaith Program (GRIP).
W. CITY COUNCIL CONSENT CALENDAR
Ayes (7): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K.
Butt
Passed (7 to 0)
W.1 City Attorney's Office
W.1.a Approval of a Third Amendment to McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP Legal Services Agreement for Police Tort Litigation and other Matters
APPROVE the third amendment to the legal service agreement with McNamara law firm; and APPROPRIATE $125,000 for the amendment – City Attorney’s Office (Heather McLaughlin 510-620-6509).
W.1.b Fourth Amendment of the Downey Brand Agreement for North Coast Rivers Alliance, et al. v. City of Richmond.
APPROVE the fourth amendment to the legal service agreement with Downey Brand for the NCRA litigation; and APPROPRIATE $40,000 for the amendment – City Attorney’s Office (Heather McLaughlin 510-620- 6509).
W.2 City Clerk's Office
W.2.a City Council Meeting Minutes
APPROVE the minutes of the regular July 5, 19, 26, and special July 19, August 1, and 19, 2022, Richmond City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
W.3 City Council
W.3.a Acknowledgement of the Contributions of Mr. Yasuhiko Aoki to the Richmond-Shimada Friendship
RECEIVE a Letter of Condolences; and ACKNOWLEDGE the
contributions of Mr. Yasuhiko Aoki to the Richmond-Shimada Friendship and commission - Councilmember Nathaniel Bates (510-620-6743).
W.4 Economic Development
W.4.a Thomas Swan Company – Ookwe Park Signage Contract APPROVE a contract with Thomas Swan Sign Company to fabricate and install signage and markers at ‘Ookwe Park in an amount not to exceed $15,000, for a term beginning October 1, 2022, and ending June 30, 2023- City Manager’s Office, Economic Development (Shasa Curl/Winifred Day 510-620-6592).
W.4.b Neighborhood Public Art (NPA) Mini Grant Awards Selection
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APPROVE the Richmond Arts and Culture Commission (RACC) grant awards to nine selected artists for Fiscal Year (FY) 2022-2023, for a total combined amount not to exceed $71,759, for a term beginning November 1, 2022, and ending June 30, 2023; and AUTHORIZE the city manager to negotiate and execute agreements with approved grantees - City Manager’s Office, Economic Development (Shasa Curl/Winifred Day 510-620-6592).
W.5 Finance Department
W.5.a Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of June 2022
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of June 2022 – Finance Department (Delmy Cuellar 510-620-6740).
W.5.b Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of July 2022
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of July 2022 – Finance Department (Delmy Cuellar 510-620-6740).
W.6 Human Resources
W.6.a First amendment to the Cooperative Personnel Services HR Consulting (CPS) contract for Sworn Personnel Recruitments
APPROVE a first amendment to the Cooperative Personnel Services HR Consulting (CPS) contract to extend the term date through June 30, 2025, change the scope of services to include the Fire Promotional Vacancy and Police Officer recruitments, and increase the payment limit from $50,000 by $189,080, for a total contract amount not to exceed $239,080; and APPROPRIATE funds from the General Fund – Human Resources Department (Sharrone Taylor 510-620-6602).
W.7 Library and Community Services
W.7.a City Council Ad Hoc Committee’s Fiscal Year 2022-2023 Category 3 ECIA Grant Award Recommendations ($100,000)
APPROVE a recommendation from the City Council Ad Hoc Committee to award $100,000 in Fiscal Year 2022-2023 Environmental Community Investment Agreement (ECIA) Grant funds (Category 3 - City Council Approved Award) to six (6) Richmond-serving non-profit organizations; ADOPT a resolution; and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (LaShonda White/Patrick Seals/Shane Johnson 510- 620-6512).
Adopted Resolution No. 119-22
W.8 Mayor's Office
W.8.a Commission on Aging Reappointments
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REAPPOINT Beverly Wallace, Commission on Aging, Seat #2, Term Expires May 19, 2026; Kiran Agarwal, Commission on Aging, Seat #5, Term Expires May 19, 2026 - Mayor’s Office (Mayor Tom Butt 510-620- 6503).
W.8.b Design Review Board Reappointment
REAPPOINT Brian Carter, Design Review Board, Seat #7, Term Expires March 17, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.c ECIA Grant Review Ad Hoc Committee Reappointments REAPPOINT Lily Rahnema, ECIA Grant Review Ad Hoc Committee, Seat #3, Term Expires March 31, 2024; James Becker, ECIA Grant Review Ad Hoc Committee, Seat #5, Term Expires March 31, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.d Economic Development Commission Reappointments
REAPPOINT James Lee, Economic Development Commission, Seat #11, Term Expires March 30, 2025; Brandon Evans, Economic Development Commission, Seat #12, Term Expires March 30, 2025 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.e Historic Preservation Commission Reappointments
REAPPOINT Gretchen Stromberg, Historic Preservation Commission, Seat #1, Term Expires July 31, 2026; Fatema Crane, Historic Preservation Commission, Seat #6, Term Expires July 31, 2026 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.f Urban Forest Advisory Committee Reappointment
REAPPOINT Paula Urtecho, Urban Forest Advisory Committee, Seat #5, Term Expires November 17, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.g Human Rights and Relations Commission Appointment APPOINT Sofia Victoria Lopez, Human Rights and Human Relations Commission, Seat #7, Term Expires March 30, 2025 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.h Library Commission Appointment
APPOINT Thomas Harrison Jr., Library Commission, Seat #5, Term Expires July 1, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.i Urban Forest Advisory Committee
APPOINT Shannon Hilsey Choy, Urban Forest Advisory Committee, Seat #1, Term Expires November 17, 2024; Anita Pereira, Urban Forest Advisory Committee, Seat #7, Term Expires November 17, 2024; Kyanna Williams, Urban Forest Advisory Committee, Seat #9, Term Expires November 17, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.j Overdose Awareness Day
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PROCLAMATION declaring August 31, 2022, as Overdose Awareness Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510- 620-6503).
W.8.k Planning Commission Reappointment
REAPPOINT Jen Loy, Planning Commission, Seat #2, Term Expires June 30, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8.l Travel Authorization – 2022 Obi Matsuri Festival
APPROVE international travel request from Mayor Tom Butt, Councilmember Demnlus Johnson III, Chief of Staff Vernon Whitmore, and Council Liaison Trina Jackson-Lincoln to Shimada, Japan to attend the Obi Matsuri Festival and to discuss the continuance of the sister city exchange program – Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.9 Police Department
W.9.a Purchase of up to $250,000 with Duratech, Inc. for Police Mobile Data Computers (MDCs) and Related Hardware
APPROVE the purchase of police Mobile Data Computers (MDCs) and related hardware from Duratech, Inc., in an amount not to exceed $250,000, over a five-year period beginning September 1, 2022, through August 31, 2027 – Police Department (Chief Bisa French 510-621-1802).
W.9.b Resolution to Accept and Appropriate the State of California Office of Traffic Safety (OTS) Grant Funds
ADOPT a resolution to accept and appropriate $235,000 in grant funding awarded by the California Office of Traffic Safety (OTS) to fund efforts to reduce deaths and injuries from motor vehicle crashes – Police Department (Bisa French 510-621-1802).
Adopted Resolution No. 120-22
W.10 Public Works
W.10.a List of Projects for Fiscal Year 2022-23 Road Maintenance and Rehabilitation Funding Under Senate Bill 1
ADOPT a resolution approving the project list for Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2022- 2023 – Public Works Department (Joe Leach 510-620-5478).
Adopted Resolution No. 121-22
W.10.b Unity Park Trash Enclosure
APPROVE a contract with Radman Electric in the amount of $300,000 for the Unity Park trash enclosure. The contract term will be from September 14, 2022, to June 30, 2023 – Public Works Department (Joe Leach 510- 620-5478/Greg Hardesty 510-620-6920).
X. NEW BUSINESS
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X.1 Maintenance and Security at Point Molate
DIRECT the city manager, or designee, to prepare, execute, and fund a plan to provide effective maintenance and security at Point Molate – Office of the Mayor (Mayor Tom Butt 510-620-6502).
Mayor Butt gave an overview of the matter. Craig Murray provided a PowerPoint presentation which highlighted the following: Illegal Dumping; Fencing & Landscaping Maintenance; Road Maintenance; Security; and Next Steps.
Mark Wassberg, Deborah Bayer, Jim Hanson, Jessi Taran, Pam Stello, and Sally Tobin gave comments via teleconference.
A motion by Mayor Butt, seconded by Councilmember Bates to direct the city manager, or designee, to prepare, execute, and identify funding of a plan to provide effective maintenance and security at Point Molate, and bring it back to the city council for approval.
Ayes (4): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, Councilmember Melvin Willis, and Mayor Thomas K. Butt
Noes (3): Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, and Vice Mayor Eduardo Martinez
Passed (4 to 3)
Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Vice Mayor Martinez reported that he attended the League of Cities conference. Vice Mayor Martinez also congratulated Councilmember Bates for his birthday.
Mayor Butt announced that he attended the League of California Cities Conference.
Councilmember Johnson III invited the community to Black Family Day at Nichol Park on Saturday September 17, 2022, at 10 a.m. and congratulated Councilmember Bates on his induction in the Canadian Baseball Hall of Fame.
Councilmember Bates stated that he attended the tribute to Dr. Henry Clark in North Richmond.
Z. ADJOURNMENT
There being no further business, the meeting adjourned at 8:30 p.m.., in memory of Jenn Figley and Marvin Webb, to meet again on September 20, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
September 20, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The meeting was called to order 5:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Nathaniel Bates, Demnlus Johnson III, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Claudia Jimenez, Gayle McLaughlin, and Melvin Willis arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Jaclyn Gross and Sharrone Taylor Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Medina v. City of Richmond
Arriaga v. City of Richmond
Richmond Shoreline Alliance v. City of Richmond
East Bay Regional Park District v. City of Richmond
SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
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North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 12th and Macdonald
Agency negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three cases:
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
D. PUBLIC COMMENT BEFORE CLOSED SESSION (public comment limited to items on the Closed Session agenda only)
Tarnel Abbott and Sally Tobin expressed support of a public park at Point Molate.
Alexander Cain, Jae Mallari, and Donovan Decious, Tom Tran, Michael Pagaling, and Benjamin Therriault urged support of approval of a tentative ratified contract with Richmond police officers.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned at 5:14 p.m. Closed Session adjourned at 6:35 p.m.
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 6:38 p.m.by Chair Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent: None.
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H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Martinez, seconded by Commissioner McLaughlin.
Ayes (8): Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Scott
Passed (8 to 0)
K.1 Continued use of teleconference technology
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
Adopted Resolution No. 2169
L. ADJOURNMENT
The meeting adjourned at 6:45 p.m.
M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:45 p.m. by Mayor Thomas K. Butt via teleconference.
N. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.
O. STATEMENT OF CONFLICT OF INTEREST
None.
P. AGENDA REVIEW
Vice Mayor Martinez withdrew Item V.1. - Special Cases at Rydin Road.
Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported the following:
Item C.1 - A status report was received, and direction was given to the negotiators.
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Item C.2. - A status report was given on the matters of Medina v. City of Richmond and Arriaga v. City of Richmond. Direction was given on upcoming mediation.
Items C.3. and C.4. were not discussed.
R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: A video game and virtual reality programming event would be held at the Richmond Main Public Library on Friday, September 23, 2022, from 2:30 to 4:30 p.m.; Public Bank of the East Bay informational community meeting on Thursday, September 22, 2022, at 5:30 p.m. Individuals may call 510- 620-6512 for additional information.
S. REPORT FROM REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Interim Library and Community Services Director LaShonda White stated there was no report.
T. OPEN FORUM FOR PUBLIC COMMENT
Mark Wassberg spoke against the establishment of a public bank in Richmond.
Jessi Taran stated that a letter was received from Mayor Butt with information on safe RV parking locations for Rydin Road residents.
Ben C gave comments regarding Item U.2.a. regarding the reevaluation of the Eviction Moratorium.
Jesse Toberman gave comments regarding relocation assistance for residents of Rydin Road.
Councilmember Bates acknowledged Councilmember Johnson III for organizing the successful Black Family Day event on Saturday. Councilmember Bates also thanked those who organized and participated in the recent tribute to Dr. Henry Clark and acknowledged Public Works Director Joe Leach on his efforts in keeping the city clean during his tenure.
U. CITY COUNCIL CONSENT CALENDAR
A motion by Councilmember McLaughlin, seconded by Councilmember Martinez.
Ayes (7): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K.
Butt
Passed (7 to 0)
U.1 City Clerk's Office
U.1.a Continued Use of Teleconferencing
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of
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Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620- 6513).
Adopted Resolution No. 122-22
U.2 City Council
U.2.a Amend the Local Urgency Eviction Moratorium to Indicate that the Ordinance Will Not Apply to Owner Move-ins and Instead Owner Move- ins Will be Regulated by the Original Rent Program Ordinance.
DIRECT City staff to draft an amendment to the Urgency Eviction Moratorium ordinance (by the end of October) to add a provision within the ordinance that allows for Owner Move-ins during the remainder of this moratorium - Councilmembers Gayle McLaughlin (510-620-6636) and Claudia Jimenéz (510-620-6565).
U.3 Finance Department
U.3.a Annual Review and Adoption of Financial Policies for Fiscal Year 2022- 23 (Cash Reserve, Debt, Investment, OPEB Funding, SWAP and Grant Management)
REVIEW and ADOPT the Financial Policies (Cash Reserve, Debt, Investment, OPEB Funding, SWAP and Grant Management) and resolutions for Fiscal Year 2022-2023 – Finance Department (Delmy Cuellar 510-620-6740).
U.4 Human Resources
U.4.a Resolution Granting the City Manager Authority to Amend the City’s Position Control List to Add Deputy Director of Public Works – City Engineer.
ADOPT a resolution granting the city manager permission to amend the current position control list to reallocate the Deputy Director of Public Works - Operations and Maintenance as Deputy Director of Public Works - City Engineer – City Manager’s Office/Human Resources Department (Shasa Curl/Sharrone Taylor 510-620-6602).
U.5 Library and Community Services
U.5.a Contract with Rebuilding Together East Bay-North for Resilience Hubs APPROVE a sole-source contract with Rebuilding Together East Bay- North, in an amount not to exceed $90,000, to procure and mobilize equipment for the power hubs project, with a term from October 1, 2022, through June 30, 2023 – Library and Community Services Department (LaShonda White/Stephanie Ny 510-620-6563).
U.6 Mayor's Office
U.6.a Drive Electric Week – September 23 – October 2,
2022PROCLAMATION declaring September 23 – October 2, 2022, as Drive Electric Week in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
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U.7 Police Department
U.7.a Pre-Employment Background Investigations Companies for Police Department Applicants
APPROVE contracts with three vendors: James Anthony Carroll Investigations; Moreland Investigations; and T Jung Investigations, for the purpose of providing background investigations for sworn and non-sworn Police Department applicants, for a total combined amount of $180,000, not to exceed $60,000 per vendor, over the entire three-year contract term of October 1, 2022, through September 30, 2025 – Police Department (Chief Bisa French 510-621-1802).
U.7.b Out of State Travel Approval for the Police Chief to attend the International Association of Chiefs of Police Conference in Texas APPROVE the out of state travel request to Texas, as an exception to Resolution 91-17, to allow for the Police Chief to attend the 2022 International Association of Chiefs of Police Conference which includes several presentations that align with the travel exception list – Police Department (Chief Bisa French 510-621-1802).
U.8 Public Works
U.8.a Proposed Contract with Advance Crime Scene Restoration APPROVE a three-year contract with Advance Crime Scene Restoration to manage biohazardous cleanups, in an amount not-to-exceed $117,000, with a term beginning September 1, 2022, and ending September 1, 2025, with a $75,500 two-year option to renew – Public Works Department (Joe Leach 510-620-5478).
U.8.b Playground Resurfacing Contract
APPROVE a contract in the amount of $269,519 with SpectraTurf for playground resurfacing, with a contract term from September 21, 2022, to June 30, 2023; and APPROPRIATE budget using fund balance – Public Works Department (Joe Leach 620-5478/Greg Hardesty 620-6920).
V. NEW BUSINESS
V.1 Special Cases at Rydin Road
DIRECT City staff to coordinate efforts with County services to get the identified residents connected with the necessary service providers by October 31, 2022 – Vice Mayor Eduardo Martinez (510-620-6593)
WITHDRAWN FROM THE AGENDA
V.2 Distribution of the Initial $50,000 Funds To Rydin Road Residents by a Service Provider.
APPROVE a sixth contract amendment and APPROPRIATE $50,000 to Housing Consortium of the East Bay (HCEB) to support residents’ sunsetting from Rydin Road, which was previously appropriated to Community Development; and APPROVE an option for the criteria HCEB shall use to distribute $50,000, in a
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total not to exceed $250,000 in flex funds; and CONSIDER the extension of the HCEB contract and sunset date to October 21, 2022 – City Manager’s Office (Shasa Curl 510-620-6512).
Community Development Director Lina Velasco presented a PowerPoint, which highlighted the following: Background; Transitional Plans; Potential Distribution of Funds Options -$50,000 for 29 participants; Transitional Plans Update - $200,000; and Development and Approval of 23 Dwelling households transition plans. Discussion ensued.
Mark Wassberg, A.M. Jenkins, Jessi Taran, Deborah Bayer, Sandy Hill, and Jesse Toberman gave comments via teleconference. Further discussion ensued.
A motion was made by Councilmember Gayle McLaughlin, seconded by Councilmember Melvin Willis to approve a sixth contract amendment and appropriate $50,000 to HCEB; extend the sunset deadline for transition to no later than October 21, 2022, to those with legitimate reasons; continue the contract with porta potties on Rydin Road if needed and appropriate the funds from Re- imagining Task Force funds; staff to approve transition plans within 48 hours; the contract for HCEB may be extended beyond September 30, 2022, for three months for fund dispensing only; prioritize Rydin residents for distribution of Housing First funds; and the City Council should receive an updated report from staff every two days.
Ayes (5): Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez
Noes (2): Councilmember Nathaniel Bates and Mayor Thomas K. Butt Passed (5 to 2)
W. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Councilmember Johnson III thanked those that attended Black Family Day at Nicholl Park on Saturday.
X. ADJOURNMENT
There being no further business, the meeting adjourned at 9:04 p.m., in memory of Helen Strickland, Daniel Tanita, and Tracie Ray, to meet again on October 4, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor
October 4, 2022
City Manager's Office
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, City Manager
Lizeht Zepeda, Senior Business Assistance Officer
Subject:
Dock Maintenance at Point Potrero Marine Terminal
FINANCIAL IMPACT: The cost for the expenditure is included in the Port’s approved FY 2022-2023 CIP budget as part of the Point
Potrero Marine Terminal General Upgrades Project
(40163080-400642-36004).
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Port of Richmond is responsible for completing
maintenance of its berths to ensure tenants’ vessels may use the facility. The Point Potrero Marine Terminal’s
berth 7 and 8 have pavement distress that is creating a hazard for dock workers. The Port’s tenant, Auto
Warehousing Company, has requested the Port complete
repairs. The Port seeks to award a construction
agreement with QA Constructors, Inc. to complete the
work.
RECOMMENDED ACTION:
APPROVE an agreement with QA Constructors, Inc., in
an amount not to exceed $64,000, to complete general
pavement repairs at the Point Potrero Marine Terminal – Port Department (Shasa Curl/Lizeht Zepeda 510-620-
6653).
AGENDA
REPORT
October 4, 2022
DISCUSSION:
The Port of Richmond’s terminals require regular maintenance to ensure they allow safe operation. The Point Potrero Marine Terminal’s (PPMT) dock has several expansion joints that have openings that create tripping hazards. This project will repair the joints as well as eliminate cracks in asphalt pavement. In addition, the project fills a World War II era electrical vault that has distress and is creating a sinkhole.
In early August 2022, the Port advertised the project for bid using the City’s Bids Online system. The Port received three bids including:
Bidder Bid Value Location
QA Constructors $54,000 San Francisco
WR Forde $58,250 Richmond
Ghilotti Brothers $69,750 San Rafael
The lowest, responsive, and responsible bidder is QA Constructors, Inc. WR Forde is a Richmond contractor and qualifies for a rating incentive of five percent (5%). With this incentive, their bid would be $55,338, which is still higher than QA Constructors.
In the original bid request, the Port included a $10,000 allowance to account for unforeseen field conditions. However, the Port now seeks to add another $10,000 to complete additional pavement repairs, which would be paid on a time and materials basis. Thus, the total value of the contract with QA Constructors includes $44,000 for the base items and a $20,000 additional allowance, for a total not to exceed value of $64,000.
The Port anticipates the work will require about fifteen days to complete.
DOCUMENTS ATTACHED:
Attachment 1 – Proposed Agreement
Attachment 2 – Request for Proposals
Attachment 3 – Contractor Proposal
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CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of October 2022, by and between the City of Richmond, a municipal corporation and charter city (“City”) and QA Constructors Inc., a California Corporation (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. In August, the Port requested proposals to repair pavement at the Point Potrero Marine Terminal (the “Project”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.
Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”
Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
Section 1.3 Payments.
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Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.
(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and
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regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56).
During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.
Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections.
4 2018_Final Form
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the
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requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
Section 1.10 Security In Lieu of Retention.
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(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
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(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
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Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854 (Stats. 2014, ch. 28) : (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the r equirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public w ork pursuant to California Labor Code Section 1725.5 (L ab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursu ant to Labor Code Section 1725.5 ( Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
Section 1.13 Municipal Code Chapter 2.65 Requirements.
Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.
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ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
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Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.
Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the
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construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made;
2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2015 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City.
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(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.
Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.
2. If Contractor disputes City’s wri tten response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mai l or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
3. Within ten ( 10) business days following the conclusion o f the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will
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provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty ( 60) days after City issues its written statement. Any disputed portion of the Cl aim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator a nd those mediators shall select a qualified neutral thi rd party to med iate with r egard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connec tion with the selection of the neutral mediato r. If mediation is unsuccessful, the parts of the Claim remaining in d ispute shal l be subject to Section 3.3(f) of this Agreement.
4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or t o otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, o r its failure to otherwise comply with the tim e requirements of Section 9204 of the Public Contract C ode, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.
5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
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3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest.
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(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: City Manager
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:
QA Constructors
850 S Van Ness Ave, Ste. 35
San Francisco, CA 94110
Attention: Quito Allende
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any
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Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
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Section 3.13 Waivers.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
18 2018_Final Form
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:
QA Constructors, Inc.
By: _________________________________
Name: _________________________________
Its: _________________________________
19 2018_Final Form
Exhibit A
Scope of Work
The contractor shall have fifteen (15) working days to complete the work shown in the PPMT Pavement Repair plan dated August 4, 2022, as well as complete the following:
1. The Contractor shall complete the following:
a. Mobilize equipment and materials to the site.
b. Locate all utilities within the project area.
c. Implement measures to protect the quality of water.
d. Coordinate with the Port and its tenants to gain acc ess to the site. Note that access may be restricted during ship offloading.
2. The Contractor shall dispose of all excess materials in a lawful manner.
3. Install steel plates to cover a crack in the dock. These shall be set flush with the existing asphalt surface as detailed in the Plan. This is measured and paid as a lump sum as noted in bid item number 1. This item includes milling, rail cutting, asphalt, and steel plates.
4. The Contractor shall mill and p lace asphalt pavement to repair cra cks as directed b y the engineer. The width of the patch shall be be tween 12 and 24 inches. The asphalt thickness shall be 2 inches. The h ot mix asphalt s hall conform to the provisions of in Section 39, "Hot Mix Asphalt ," of the 2018 Standard Specifications and these Specifications. All asphalt shall be ½” Type A and shall use a PG 64 -10 binder. The Engineer may direct the Contractor to patch other areas than as shown in the Plans. This is measured and paid in square feet as noted in bid item number 2.
5. The Contractor shall open the access openings and investigate the vault as shown in the Plans. As directed by the Engineer, the Contractor shall backfi ll the vault with sand.
When complete, the Contractor shall repair the damaged pavement as described in item 4.
The sand backfill is measured and paid in bid item number 3.
6. The Engineer may direct the Contractor t o perform additional work. This shall be paid for in item number 5.
20 2018_Final Form
The total value of the work is $54,000 and shall be paid as follows:
Item Description Quantity Unit Unit Cost Cost
1 Install Plates 1 LS $18,000 $ 18,000
2 Repair
Pavement 1,000 SF $24.00 $ 24,000
3 Sand Backfill 50 CY $40.00 $ 2,000
4 Extra Work 1 Allow $20,000 $10,000
1322 Canal Boulevard, Richmond, CA 94804
PORT OF RICHMOND
Request for Bid
Point Potrero Pavement Repairs
Release Date: August 5, 2022
Deadline for Submittal
August 25, 2022
2:00 PM
Contact: Lizeht Zepeda
Use Bids Online for all questions
City of Richmond
Port Department
Point Potrero Pavement Repair
REQUEST FOR BID – POINT PORTERO PAVEMENT REPAIRS
The Port of Richmond (Port) s eeks a qualified vendor who must possess a General Engineering A contractor’s license to complete pavement repairs at the Point Potrero Marine Terminal. T he location and the scope of work is shown in Attachment A. The following photographs illustrate on the left the sinkhole repair and the right the location for installation of steel plates.
The Port estimates the total cost to complete this work is $36,000 excluding the allowance.
The Port seeks the vendor to provide the following:
1. The Contractor shall complete the following:
a. Mobilize equipment and materials to the site.
b. Locate all utilities within the project area.
c. Implement measures to protect the quality of water.
d. Coordinate with the Port and its tenants to gain acc ess to the site. Note that access may be restricted during ship offloading.
2. The Contractor shall dispose of all excess materials in a lawful manner.
3. Install steel plates to cover a crack in the dock. These shall be set flush with the existing asphalt surface as detailed in the Plan. This is measured and paid as a lump sum as noted in bid item number 1. This item includes milling, rail cutting, asphalt, and steel plates.
4. The Contractor shall mill and place asphalt pavement to repair cracks as directed by the engineer.
The width of the patch shall be between 12 and 24 inches. The asphalt thickness shall be 2 inches. The hot mix asphalt shall conform to the provisions of in Section 39, "Hot Mix Asphalt," of the 2018 Standard Specifications and these Specifications. All asphalt shall be ½” Type A and shall use a PG 64-10 binder. The Engineer may direct the Contractor to patch other areas than as shown in the Plans. This is measured and paid in square feet as noted in bid item number 2.
5. The Contractor shall open the access openings and investigate the vault as shown in the Plans. As directed by the Engineer, the Contractor shall backfill the vault with sand. When complete, the Contractor shall repair the damaged pavement as described in item 4 . The sand backfill is measured and paid in bid item number 3.
6. The Engineer may direct the Contractor to perform additional work. This shall be paid for in item number 5.
Any questions from prospective contractors must be submitted via the electronic BidsOnline system no later than 5:00 p.m., August 17 , 2022. As necessary, responses to questions will be issued Via an addendum.
Electronic Proposals shall be submitted via the City’s secure onl ine bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “o n time” submission of their electronic proposal. The Bid Management System will not a ccept 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 tha t their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully. no later than 2:00 p.m., Thursday, August 25, 2022. The City reserves the right to reject any and all proposals.
Point Potrero Pavement Repair
Please note that the bid and work must be inclusive of the following:
1. Responsive Bid. In order to be considered, please provide the following:
a. Completed price proposal
b. Non-Collusion Affidavit
c. List of Proposed Subcontractors
d. Bid Bond
2. Public Records. All proposals submitted in response to this Bid 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.
3. Insurance Requirements . The City of Richmond requires consultants doing business with it to obtain insurance, as shown in A ttachment C. 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.
4. Business Licenses. The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
5. Compliance with City Ordinances . The contractor and all subcontractors 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.
6. Bonds. The successful bidder shall furnish to the City of Richmond a Performance Bond and a Payment Bond. Sa id bonds shall be furnished in a form satisfactory to the City. The bond s shall include:
a. Performance Bond. F urnish a labor and materials bond and a faithful performance bond in the amount of one hundred percent (100%) of the amount of the Contract b. Payment Bond. The Payment Bond shall guarantee payment of all claims for labor, materials, provisions, and supplies furnished and any amounts required to be deducted withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractor pursuant to Section 188 06 of the Revenue a nd Taxation Code. The bond shall satisfy all of the requirements set forth in Civil Code Section 3248. A sample payment bond is enclosed in Appendix A.
7. 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 s uch 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,
Point Potrero Pavement Repair
any such reports, studies, data, statistics, forms or other m aterials or properties produced for this project.
8. Working Days. The total allowable working days is fifteen ( 15). T he Port will pay for w ork on a percent complete basis each month.
9. Wages. The successful bidders shall be responsible for payment of prevailing wages, maintenance and submission of weekly certified payrolls, and hiring of apprentices as appropriate.
The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder.
In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public pr oject pursuant to Section 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract.
10. Contract. The Contractor shall execute the attached agreement as shown in Attachment B.
11. Bid Deposit. A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S. Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an a mount equal to ten percent (10%) of the total bid shall be submitted with each bid. A b idder shall not be relieved of the bid unless by consent of the City nor shall any changes be made in the bid because of mistake, but a bidder may bring an action in the Superior Court of Contra Costa County for recovery of any amount forfeited, without in terest or costs. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project.
12. Withdrawal of Proposals. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or its duly authorized representative. The withd rawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that t ime nor may any bid be withdrawn after the time fixed in the public notice for opening of bids.
13. Disqualification of Bidders . More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different name s will not be considered.
Reasonable groun ds for believing that any individual, firm, partner ship, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If t here is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected as not responsive.
Bids Online Codes
98832, 91300, 91394, 91396, and 91400
Point Potrero Pavement Repair
P R O P O S A L
The undersigned declares that he or she has carefully examined the proposed work of:
POINT POTRERO PAVEMENT REPAIR
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California. Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein and the Contract annexed hereto an d also in accordance with the Standard Specifications dated 201 8, and the current "Equipment Rental Rates and Genera l Prevailing Wage Rates" on file in the office of the City Clerk of the City of Richmond.
To the City of Richmond Port Department:
The und ersigned, as Bidder, declares that the only persons or parties interested in this Pro posal as principals ar e those n amed h erein; that this Proposal is made without collusion wit h any other person, firm or corporation; that he has carefully exa mined the loc ation of the proposed work; and the Pla ns therein referred to; and he proposes, and a grees if this Proposal is accepted, that he will contract with the City of Richmond to provi de all necessary machinery, tools, apparatus and other means of co nstruction, and to do all the work and furnish all t he materials specified in the Contract, in the manner and time therein prescribed and according to the requirements of the Engineer as therein set forth, and that he or she will take in full payment therefor the following item prices to wit:
Item Description Quantity Unit Unit Cost Cost
1 Install Plates 1 LS
2 Repair Pavement 1,000 SF
3 Sand Backfill 50 CY
4 Extra Work 1 Allow $10,000 $10,000
The total cost to complete the work in numerals is: __________________________________
Point Potrero Pavement Repair
Bids are required for the entire work. T he amount of the bid for comparison purposes shall be the Total Bid. The contract will be awarded to the lowest responsive, responsible bidder based on the Total Bid.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding.
The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids.
Bidder acknowledges receipt of the following addendum(s):
Addendum Date Initial
Point Potrero Pavement Repair
The undersigned is licensed in accordance with the Act providing for registration of contractors,
License No. , Expiration Date .
Name of Bidder
Signature of Bidder
Name and Title
Business Address
Telephone Number:
Fax Number:
Email:
(If an individual, so state. If a partnership, state the name of the partnership and supply information to the satisfaction of the Director covering the authority of the individual or individuals who have signed the Proposal to sign on behalf of the partnership. If a firm or corporation, state the legal name of the firm or corporation and supply information to the satisfaction of the Directo r concern ing the authority of the individual or individuals who have signed the Proposal to sign on behalf of the firm or corporation.)
Point Potrero Pavement Repair
NONCOLLUSION AFFIDAVIT TO BE EXECUTED AND SUBMITTED WITH BID
All bidders shall complete the following form and submit it with their bids:
State of California
County of ________________
[name]____________________________, being first duly sworn, deposes and say s that he or she is [title]______________________ of [company]________________________, the party making th e foreg oing bid that the bid is not made in the interest of, or on behalf of, any undiscl osed person, partnership, company, association, organization , or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or in directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, or connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the b idder has not in any manner, directly or indirectly, sought by agreement, communic ation, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contr act of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, su bmitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will n ot pay, any fee to any corporation, partnership, company association, organization, bid depository, or to a ny member or agent thereof to effectuate a collusive or sham bid.
LIST OF PROPOSED SUBCONTRACTORS
Please complete the following for all subcontractors who will perform work in excess of one-half of one percent of the total bid or $10,000.00, whichever is greater.
Subcontractor Name Address Proposed Tasks Value of Work ($) Richmond Business?
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, , as Principal, and , as Surety, are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmo nd for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE AB OVE OBLIGATION IS SUCH THAT, whereas the Principal has submi tted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the Fence Installation.
NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded t o th e Principal and the Principal shall, within ten (10) days after having received not ice that the contract ha s been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptan ce of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees th at the obligations of said Surety and its bond shall be in no way impaired or affec ted by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.
As a part of the obl igation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's f ees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this day of , 20 .
By:
Title
By:
Title:
ATTACHMENT A
PLANS
ATTACHMENT B
AGREEMENT
1 2018_Final Form
CONSTRUCTION AGREEMENT
This Construction Agreement (“ Agreement”) is made and entered into this ____ day of October 2022, by and between the City of Richmond, a municipal corporation and charter city (“City”) and ___________________ (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. In January, the Port requested proposals to repair pavement at the Point Potrero Marine Terminal (the “Project”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.
Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”
Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
Section 1.3 Payments.
2 2018_Final Form
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.
(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and
3 2018_Final Form
regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56).
During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontr actors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.
Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections.
4 2018_Final Form
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requ irements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the
5 2018_Final Form
requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in e xcess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in t he Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
Section 1.10 Security In Lieu of Re tention.
6 2018_Final Form
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
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(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
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Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854 (Stats. 2014, ch. 28) : (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public w ork pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursu ant to Labor Code Section 1725.5 ( Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
Section 1.13 Municipal Code Chapter 2.65 Requirements.
Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.
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ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b
) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Deve lopment. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
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Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.
Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the
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construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be ma de;
2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2015 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head , or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City.
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(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.
Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.
2. If Contractor disputes City’s wri tten response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mai l or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
3. Within ten ( 10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the C laim remains in dispute, City will
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provide Contractor a written statement identifying the portion of the C laim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the C laim will be processed and made within sixty ( 60) days after City issues its written statement. Any disputed portion of the Cl aim, as identified by Co ntractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the C laim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to med iate with regard to the disputed portion of the C laim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediato r. If mediation is unsuccessful, the parts of the C laim re maining in dispute shall be subject to Section 3.3(f) of this Agreement.
4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or t o otherwise comply with the time requirements of that section shall result in the C laim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code , shall not constitute an adverse finding with regard to the merits of the C laim or the responsibility or qualifications of the claimant filing the Claim.
5. Notwithstanding and pending the resolut ion of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance
1. The provisions of this Section 3.3 constitute a non- judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100
th day after the earlier of (i)
the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
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3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnif ication.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City s hall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Inte rest.
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(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The confl ict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Jim Matzorkis
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall
be addressed to:
COMPLETE
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
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Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
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Section 3.13 Waivers.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
Section 3.15 Entire Understanding of the Parties .
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
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WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:
Name
By: _________________________________
Name: _________________________________
Its: _________________________________
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Exhibit A
Proposal
To be completed with contract.
ATTACHMENT C
INSURANCE REQUIREMENTS
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
$18,000.00
18,000.00
$54,000.00
October 4, 2022
Finance Department
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Delmy Cuellar, Director of Finance
Jerry Chak, Accounting Manager
Subject:
Investment and Cash Balance Report, and Monthly
Overtime Reports for the Month of August 2022
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and monthly
Overtime Reports for the month of August 2022.
RECOMMENDED ACTION:
RECEIVE the City’s Investment and Cash Balance
Report and monthly Overtime Reports for the month of
August 2022 – Finance Department (Delmy Cuellar 510-
620-6740).
DISCUSSION:
The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency AGENDA
REPORT
October 4, 2022
bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the FY 2022-2023 Investment Policy.
DOCUMENTS ATTACHED:
Attachment 1 – Investment and Cash Balance Report for August 2022 Attachment 2 – Overtime Report for August 2022
Attachment 3 – Overtime Public Safety Report for August 2022
October 4, 2022
Human Resources
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Sharrone Taylor, Interim Human Resources Director
Subject:
Resolution Amending City's Salary Schedule And Position Control
FINANCIAL IMPACT: The annual fiscal impact for the two (2) Senior Civil Engineers, eight (8) Communications Dispatcher I/II, and two (2) Parking Enforcement Representatives is
approximately $358,865.20. Additional budget
appropriation is requested for the respective
departments. There is no fiscal impact for the amended
salary ranges for Engineer I/II and Associate Civil
Engineer - Public Works Salary Line Item 01232531-
400003, Police Salary Line Item 01191021-400003 .
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
City Council's approval is required to amend the salary schedule and the City’s authorized staffing (i.e., position control) to add newly established classifications, and
appropriate funds for wages, salaries, and associated
compensation.
AGENDA
REPORT
October 4, 2022
RECOMMENDED ACTION:
ADOPT a resolution amending the salary schedule to
revise the salary ranges for Communications Dispatcher
I/II, Engineer I/II, Associate Civil Engineer, and Senior Civil Engineer; AMEND authorized staffing (i.e., position control) to add two (2) Parking Enforcement
Representatives to the Police Department; and
APPROPRIATE funds for associated wages, salaries,
and compensation for two (2) Parking Enforcement
Representatives positions – Human Resources (Nickie
Mastay/Sharrone Taylor 510-620-6602).
DISCUSSION:
City Council approval is required to amend the publicly available salary schedule, amend position control, and appropriate funds for associated wages, salaries, and compensation.
Human Resources is requesting:
Amend the salary schedule to change the salary range for Communications Dispatcher I/II, Engineer I/II, Associate Civil Engineer, and Senior Civil Engineer Amend position control to add two (2) Parking Enforcement Representatives to the Police Department’s authorized staffing (position control).
SEIU Local 1021 (“SEIU”), IFPTE Local 21 (“Local 21”), and the City Manager support these actions.
Communications Dispatcher I/II:
The City of Richmond’s Communications Center is the busiest center of the ten centers located in our county. It is important that these front-line essential workers are paid a competitive wage. Currently, the salary ranges for Communications Dispatcher I/II salary ranges are below market. Once the ranges are brought to market, the City can retain the current staffing levels, be competitive in the current labor market, and attract high-quality candidates.
Senior Civil Engineer:
Engineers are in high demand and the search for qualified candidates is highly competitive. The City of Richmond’s Senior Civil Engineer salary ranges are well below market, which is adversely impacting recruitment efforts. The City has conducted two recruitments in the last year, and none yielded an appointment. Additionally, the City’s built environment is in dire need of attention. By increasing the salary range to market, the City will be able to recruit and retain superior candidates for civil engineer, which in turn will have a positive impact on the City’s built environment.
October 4, 2022
Additionally, the salary ranges for Engineer I/II and Associate Civil Engineer should also be revised to bring the ranges up to market, and ensure the Engineer series as a whole is in alignment. There is no immediate fiscal impact to this change.
Parking Enforcement Representatives:
The City is continuing its efforts to recruit employees who provide direct services to the community. The Parking Enforcement division assists with ensuring that the City’s environment is free of abandoned vehicles and their efforts also generate revenue for the City of Richmond.
Prior to the pandemic the division was fully staffed with five (5) parking enforcement officers. The current abandoned vehicle list is over 200 vehicles long and the division is in dire need of support. Currently there are three full time equivalent Parking Enforcement Representative positions (two filled and one vacancy pending appointment). The City is requesting the addition of two more Parking Enforcement Representatives positions to fully cover the City in efforts to clear blight and generate revenue.
FISCAL IMPACT:
The annual salary and fiscal impact figures reflected below are estimates based on the current salary range and benefits costs projections. Actual salary and benefits costs will be determined once the vacancies are filled, or incumbents are granted the appropriate salary step per the respective memorandums of understanding and Human Resources policy.
Communications Dispatcher I/II:
Incumbents will receive an increase in salary pursuant to the City and SEIU’s Memorandum of Understanding and Human Resources policy. Accordingly, the salary and benefits will be budgeted in subsequent fiscal years.
Communications Dispatcher I/II (8)
Current Salary and Benefits Annual Impact for eight (8) Communications Dispatcher I/II positions $919,341.90
Proposed Salary and Benefits Annual Impact for eight (8) Communications Dispatcher I/II positions $1,002,446.20
Total Additional Annual Fiscal Impact $83,104.30
Engineer I/II, Associate Civil Engineer, and Senior Civil Engineer:
There is no fiscal impact to increase the salary ranges for Engineer I/II and Associate Civil Engineer. Currently, there are two funded vacancies for Senior Civil Engineer.
Once the vacancies are filled, total compensation will be determined pursuant to the City’s Memorandums of Understanding with Local 21 – Mid-Management (Senior Civil Engineer) and SEIU (Engineer I/II and Associate Civil Engineer) and Human Resources
October 4, 2022
policy. Accordingly, the salary and benefits will be budgeted for in subsequent fiscal years.
Senior Civil Engineer (2)
Current Salary and Benefits Annual Impact for two (2)
Senior Civil Engineer positions $372,254.40
Proposed Salary and Benefits Annual Impact for two (2)
Senior Civil Engineer positions $460,911.60
Total Additional Annual Fiscal Impact $88,657.20
Parking Enforcement Representatives:
Once the vacancies are filled, total compensation will be determined pursuant the City and SEIU’s Memorandums of Understanding and Human Resources policy.
Accordingly, the salary and benefits will be budgeted for in subsequent fiscal years.
Parking Enforcement Representatives (2)
Current Salary and Benefits Annual Impact for two (2)
Parking Enforcement Representative positions 187,103.70
SUMMARY:
To summarize , the requested amendments to the salary schedule that will become effective October 4, 2022, are as follows:
NEXT STEPS:
City staff recommends amending the City’s authorized staffing (i.e., position control) to add two (2) Parking Enforcement Representatives to the Police Department.
SALARY SCHEDULE AMENDMENTS
New Salary Range
Job Title Range Step 1 or
Min.
Step 2 Step 3 Step 4 Step 5 or
Max
Bargaining
Group
Communications
Dispatcher I
032CZ $5,045.81 $5,298.10 $5,563.00 $5,841.16 $6,133.21
SEIU Local
1021 –
General
Employees
Communications
Dispatcher II
041CZ $6,043.15 $6,345.30 $6,662.57 $6,995.70 $7,345.48 Engineer I 049EZ $6,624.80 $6,956.04 $7,303.84 $7,669.03 $8,052.48 Engineer II
53Z $7,988.70 $8,388.13 $8,807.54 $9,247.92 $9,710.31 Associate Civil
Engineer
061EZ $8,787.57 $9,226.95 $9,688.29 $10,172.71 $10,681.34 Senior Civil
Engineer
064CZ $10,669.23 $11,202.70 $11,762.83 $12,350.97 $12,968.52 IFPTE Local 21 – Mid-
Management
October 4, 2022
City staff recommends amending the salary schedule to add the revised salary ranges for Communications Dispatcher I/II, Engineer I/II, Associate Civil Engineer, and Senior Civil Engineer classifications, and to appropriate the associated wages, salaries, and additional compensation.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution amending Salary Schedule
Attachment 2 – Resolution amending Position Control
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA
AMENDING THE SALARY SCHEDULE
WHEREAS the Department of Human Resources maintains the classification and salary schedule on behalf of the City; and
WHEREAS the City wishes to amend the salary schedule and such amendments are supported by the City Manager.
NOW THEREFORE, BE IT RESOLVED, that effective October 4, 2022, the Salary Schedule is hereby revised as follows and the Director of Human Resources shall publicly post the revised Salary Schedule.
Job Classification Range Step 1
or Min.
Step 2 Step 3 Step 4 Step 5
or Max.
FLSA Unit
1120 Communications
Dispatcher I
032CZ $5,045.81 $5,298.10 $5,563.00 $5,841.16 $6,133.21 Non- Exempt
SEIU Local
1021 -
General
Employees
1125 Communications
Dispatcher II
041CZ $6,043.15 $6,345.30 $6,662.57 $6,995.70 $7,345.48 Non- Exempt
SEIU Local
1021 -
General
Employees
1168 Engineer I 049EZ $6,624.80 $6,956.04 $7,303.84 $7,669.03 $8,052.48 Non- Exempt
SEIU Local
1021 -
General
Employees
1169 Engineer II 53Z $7,988.70 $8,388.13 $8,807.54 $9,247.92 $9,710.31 Non- Exempt
SEIU Local
1021 -
General
Employees
2035 Associate Civil
Engineer
061EZ $8,787.57 $9,226.95 $9,688.29 $10,172.71 $10,681.34 Non - Exempt
SEIU Local
1021 -
General
Employees
2485 Senior Civil
Engineer
064CZ $10,669.23 $11,202.70 $11,762.83 $12,350.97 $12,968.52 Exempt IFPTE Local 21 – Mid-
Management
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and
WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective October 4, 2022, the City’s position control is hereby revised as follows:
Department New Classification New Classification
Bargaining Unit
Police Parking Enforcement Representative SEIU 1021 – General Employees
Police Parking Enforcement Representative SEIU 1021 – General Employees
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
October 4, 2022
Library and Community Services
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Diana Lopez, Deputy Director of Community Services –
Library
Christopher Larsen, Librarian II
SUBJECT:
California State Library Building Forward: Library
Infrastructure Program Grant Award of $9,712,979
FINANCIAL IMPACT: The grant requires a 50 percent (50%) cash match in the amount of $4,856,490. Per the grant application, the City proposes the match come from the following sources:
$3,656,490 from Richmond‘s American Rescue
Plan Act (ARPA) fund allocation
$700,000 from Library Impact Fee fund
$500,000 from FY 2021-2022 CIP Fund (approved
HVAC funded from ARPA - Project Code AR231)
There is no impact to the City’s General Fund.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
City staff members are seeking City Council approval to accept and appropriate the California State Library award of $9,712,979, for the renovation of the Richmond Main
Library building, appropriate matching funds, and
authorize the City Manager or her designee to execute
the grant agreement and necessary documents to
accomplish the purpose of this grant.
AGENDA
REPORT
October 4, 2022
RECOMMENDED ACTION:
ADOPT a resolution to ACCEPT and APPROPRIATE the
California State Library Building Forward: Library
Infrastructure Program grant award of $9,712,979 to
significantly renovate the Richmond Main Library;
APPROPRIATE matching funds in the amount of
$3,656,490 in American Rescue Plan Act funds,
$700,000 from Library Impact Fees, and $500,000 from
the Capital Improvement Program budget; and
AUTHORIZE the city manager or designee to execute
the Grant Agreement and other documents necessary to
achieve the purpose of this grant award – Library and
Community Services (LaShonda White/Diana
Lopez/Christopher Larsen 510-620-5524).
DISCUSSION:
The California State Library made the Building Forward Infrastructure Grant Program available in the Fall of 2021 to address life-safety and critical maintenance needs in libraries. The City of Richmond applied for the maximum amount of grant funding ($10,000,000) and a 50 percent (50%) reduction in required matching funds (Attachment 1). On September 12, 2022, the City was notified of a $9,712,979 grant award to fund infrastructure improvements to revitalize the historic Richmond Main Library (Attachment 2).
The Main Library building opened in 1949 as part of the historic Richmond Civic Center.
The Main Library was not included in the 2009 renovation of other Civic Center facilities, and instead pursued statewide library construction funding for a new library building through Proposition 81. Proposition 81 failed to pass and no statewide funds were available to fund much-needed improvements at the main library. Since then, significant deferred maintenance of the main library has resulted in missing floor tiles, fraying carpet, non-functioning single-pane windows, an inadequate electrical system, and unhealthy interior air quality during adverse air quality events.
The City is committed to improving the library facility so that it remains the jewel that it was when it was originally constructed. This includes the repair and upgrading of building systems and structures, many of which have not been improved since the building was built in 1948. To achieve this goal, the proposed project includes funding for a broad array of improvements that will increase the accessibility, sustainability, and safety of the library facility. The Richmond Public Library Foundation funded a contract with Noll & Tam Architects to create a schedule of priorities and associated costs. Then- Interim Deputy Director Melinda Cervantes led this project and consulted with Public Works and other City departments to determine priorities, costs, and sources of
October 4, 2022
matching funds. The proposed work may include but is not limited to:
• upgrading of public and staff restrooms to make them ADA accessible; • replacement of acoustical ceilings to reduce noise;
• installing improved lighting and controls throughout the building; • replacing asbestos-containing floor tiles with new resilient flooring; • replacement of the existing electrical power system;
• installation of a new HVAC system;
• installation of a new fire alarm and sprinkler system; • providing safety and accessibility improvements to the library entrance; • replacement of the existing staff-only elevator with a new ADA compliant elevator accessible to the public;
• replacement of existing windows throughout the building with new energy- efficient windows; and
• and seismic upgrades to increase the safety of the building in an earthquake.
When the California State Library notified the City of the grant award, they also acknowledged the approval of the 50 percent (50%) reduction in matching funds, thereby requiring a cash match of $4,856,490. City staff have identified the following sources of matching funds: $3,656,490 from American Recovery Plan Act of 2021 funds received by the City, $700,000 from Library Impact Fees, and $500,000 from the Capital Improvement Program budget.
The grant provides significant funds to address the outstanding life-safety and critical maintenance needs of the Main Library building which the City would otherwise be unable to accomplish. The renovation work will require the Library to vacate and empty the building, and therefore, it will be necessary for the Library to identify an alternate location(s) for the Main Branch, as well as additional space for the collection. It is expected that the work included in this project will be accomplished in one calendar year, with completion occurring in 2024. The Library will also work with the Library Foundation and other community organizations to maximize grant funds and address community-driven programmatic renovations that are outside the scope of this grant.
The City is requesting approval of a resolution to accept and appropriate the grant funds, appropriate the necessary matching funds, and authorize the city manager or her designee to execute the grant agreement and any other associated documents, which are forthcoming (Attachment 3). Additional details, including a specific timeline for design and construction, will be determined once the grant agreement is received and the project commences.
DOCUMENTS ATTACHED:
Attachment 1 – Application for Building Forward Library Infrastructure Program Grant Attachment 2 – Grant Award Letter
Attachment 3 – Resolution
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 12, 2022
Shasa Curl
Interim City Manager
Richmond, CA
450 Civic Center Plaza
Richmond, CA 94804
Re: Building Forward Grant Program
Jurisdiction: RICHMOND PUBLIC LIBRARY
Library: MAIN LIBRARY
Project: Revitalizing the Historic Richmond Main Library
Dear Shasa Curl:
Congratulations! Following a rigorous review process, the California State Library is pleased to notify you of our intent to award a Building Forward grant for the project submitted for MAIN LIBRARY.
Your grant award will be: $9,712,979
This award is intended to fund the following project outputs and related activities listed in your Supplementary Budget in accordance with allowable costs per the Grant Guidelines:
Seismic Upgrades
Fire New Fire Alarm & Sprinkler System
Full Restroom Renovation
Modernize HVAC Equipment
Windows Replacement
Flooring Replacement and Asbestos Flooring Adhesive Hazardous Abatement Acoustic Ceiling Replacement
Non-Compliant Elevator Replacement
Seismic Shelving Upgrades
Lighting and Lighting Controls
Select Upgrades to Electrical Power Systems
Building Entrance and Perimeter
Building Forward Grant Program
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Your request for a 50% reduction in the required cash match amount has also been approved. Based on your Award amount and your Local Income Per Capita (LIPC) level, your organization is required to provide a matching amount of $4,856,490 to support this project. Please note: Match funds must be expended during the grant period and at the same rate as state grant funds. Neither grant funds nor match funds may be spent on unallowable costs, which includes work done outside of the grant period.
At this time, please acknowledge receipt of this Intent to Award as soon as possible, and no later than Friday, September 23, by email to [email protected].
Your official Award Packet will be issued in the coming weeks after we have received your acknowledgement of this Intent to Award correspondence. The Packet will include the Award Letter confirming the award amount, project period, and required match amount (if applicable), as well as the Grant Agreement, a list of unallowable costs, and templates and guidance for submitting the following items, which are required for us to process your first payment:
Confirmed Project Budget
Final Project Implementation Plan
Certification of Compliance
Letter Certifying Availability of Match Funds (if applicable) Resolution Authorizing Acceptance of the Grant
Signed Grant Agreement
Completed Fiscal Claim Form for the first award payment
Please note: No payment will be made until the above items, free from errors, have been received by the State Library. Awardees may typically expect payment to be issued within 45 days from the date a grant payment request is properly submitted and approved by the Fiscal Analyst.
Hard copies of this correspondence will not follow. Please keep this Intent to Award correspondence as part of your official grant files. If you have any questions, please contact the Building Forward Team at [email protected].
Building Forward Grant Program
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
The State Library looks forward to working to help you complete this project.
Respectfully,
Rebecca L. Wendt
California Deputy State Librarian
cc: Annly Roman
Reed Strege
RESOLUTION NO. ____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO ACCEPT AND APPROPRIATE $9,712,979 IN GRANT FUNDS FROM THE CALIFORNIA
STATE LIBRARY BUILDING FORWARD LIBRARY INFRASTRUCTURE PROGRAM, APPROPRIATE $4,856,490 IN MATCHING FUNDS WITH $3,656,490 FROM RICHMOND’S AMERICAN RECOVERY PLAN ACT (ARPA) FUNDS, $500,000 FROM CAPITAL IMPROVEMENT PROGRAM FUNDS, AND $700,000 IN LIBRARY IMPACT FEES, AND
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE THE GRANT
AGREEMENT AND NECESSARY DOCUMENTS TO IMPLEMENT THE GRANT
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board prior to execution of the grant agreement; and
WHEREAS, the Grantee will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of Richmond proposes to implement the project entitled “Revitalizing the Historic Richmond Main Library”; and
WHEREAS, the City of Richmond has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Richmond has been awarded a $9,712,979 grant from the California State Library for Revitalizing the Historic Richmond Main Library; and WHEREAS, the City of Richmond is required to provide a 50% cash match of grant funds in the amount of $4,856,490;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond, with acknowledgement of the Richmond Public Library, Richmond, California, as follows:
1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Richmond City Manager or designee is hereby authorized and directed to prepare, file, and take such other actions necessary or appropriate to obtain grant funding; and
2. The City of Richmond City Manager or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto; and
3. The City of Richmond City Manager or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding; and
4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and that prior to commencement of the project, all applicable permits will have been obtained; and
5. Matching funds of $4,856,490 are appropriated in the following amounts from the following sources:
a. $3,656,490 from American Recovery Plan Act funds received by the City of Richmond; b. $700,000 from Library Impact Fees; and
c. $500,000 from Capital Improvement Program fund.
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on ______________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
____________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
________________________________________
Mayor
Approved as to form:
_______________________________________
City Attorney
October 4, 2022
Library and Community Services
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Diana Lopez, Deputy Director of Community Services –
Library
Abigail Sims-Evelyn, Literacy Program Manager
Subject:
California State Library Grant Awards for Adult Learner Educational Programming and Family Literacy
Programming
FINANCIAL IMPACT: Project expenditures will be funded by the California State Library grant funds. There will be no net additional expense to the General Fund.
PREVIOUS COUNCIL
ACTION:
Not applicable.
STATEMENT OF THE
ISSUE:
The Richmond Public Library – Literacy for Every Adult
Program has been awarded $97,554 for adult literacy
services, and $34,194 for family literacy services, for a total award of $131,748 from the California State Library.
RECOMMENDED ACTION:
ADOPT a resolution to ACCEPT and APPROPRIATE
California State Library grants, in the amounts of $97,554 and $34,194, for a total award of $131,748, to support
educational programming offered at the library’s literacy services program, Literacy for Every Adult Program –
Library and Community Services department (Diana
Lopez 510-620-5452/Abigail Sims-Evelyn 510-307-8084).
AGENDA
REPORT
October 4, 2022
DISCUSSION:
The Richmond Public Library has been awarded a California State Library grant in the total amount of $131,748, which will provide funds to support the Literacy for Every Adult Program’s adult learner ($97,554) and family literacy services ($34,194). These services include one-on-one and small group instruction to adult learners who desire to develop literacy skills. The grant term is from July 1, 2022, to June 30, 2023.
DOCUMENTS ATTACHED:
Attachment 1 – Grant Award Letter
Attachment 2 – State Fund Grants – Award Agreement and Certificate of Compliance Attachment 3 – Grant Award Packet
Attachment 4 – Resolution
Attachment 5 – Budget Modification Form
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, TO ACCEPT A GRANT FROM THE CALIFORNIA STATE LIBRARY, ADJUST APPROPRIATIONS BY $131,748 AND TO ADJUST EXPENDITURES BY $131,748 IN THE 2022-2023 FISCAL YEAR LIBRARY BUDGET
WHEREAS, subsequent to the adoption of the City of Richmond fiscal year 2022- 2023 operating budget, the Richmond Public Library – LEAP was awarded $131,748 from the California State Library; and
WHEREAS, this grant funding will enable the Richmond Public Library – LEAP to assist adults in attaining a secondary school diploma, obtain the knowledge and skills necessary for employment and economic self-sufficiency.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the Fiscal Year 2022 – 2023 Library Budget is adjusted to add $131,748 to revenue and to add $131,748 to expenditures.
*****************************
(This section to be completed by Clerk’s Office)
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
October 4, 2022
Library and Community Services
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Diana Lopez, Deputy Director of Community Services –
Library
Abigail Sims-Evelyn, Literacy Program Manager
Subject:
California State Library Grant Award to Support Literacy For Every Adult Program’s English as a Second
Language Program
FINANCIAL IMPACT: Program expenditures will be funded by the California State Library grant funds. There will be no net additional expense to the General Fund.
PREVIOUS COUNCIL
ACTION:
Not applicable
STATEMENT OF THE
ISSUE:
The Richmond Public Library has been awarded a
$54,300 grant from the California State Library to support English as a Second Language educational programming
offered at the library’s literacy services program, Literacy for Every Adult Program (LEAP).
RECOMMENDED ACTION:
ADOPT a resolution to ACCEPT and APPROPRIATE a
California State Library grant, in the amount of $54,300, to support English as a Second Language educational
programming offered at the library’s literacy services
program, Literacy for Every Adult Program (LEAP) –
Library and Community Services Department (Diana
Lopez 510-620-5452/Abigail Sims-Evelyn 510-307-8084).
AGENDA
REPORT
October 4, 2022
DISCUSSION:
The Richmond Public Library has been awarded a California State Library, state-funded grant which will provide funds to support the Literacy for Every Adult Program’s English as a Second Language program services. These services will include one-on-one and small group instruction to English as a Second Language adult learners who desire to develop literacy skills. The grant funds must be fully expended by June 30, 2023.
DOCUMENTS ATTACHED:
Attachment 1 – Grant Award Letter
Attachment 2 – State Funded Grants – Award Agreement and Certificate of Compliance Attachment 3 – Grant Award Packet
Attachment 4 – Resolution
Attachment 5 – Budget Modification
October 4, 2022
Library and Community Services
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Tamara Walker, Deputy Director of Community Services,
Employment and Training Division
SUBJECT:
Update of Language Currently in Resolution 141-00
FINANCIAL IMPACT: If the Resolution is not amended to add a new signatory, the Employment & Training Department will no longer be
eligible to receive workforce development dollars from
the State of California.
PREVIOUS COUNCIL
ACTION:
July 25, 2000
STATEMENT OF THE
ISSUE:
The language in Resolution No. 141-00 must be updated
to reflect the correct designating administering agency and signatory authority to continue receiving workforce investment funds from the State of California.
RECOMMENDED ACTION:
ADOPT a resolution to amend Resolution 141-00 to
replace “Workforce Investment Board” with “Workforce
Development Board”, and “Employment and Training
Director” with “City Manager or their designee”, to allow the Employment and Training division to remain eligible to receive workforce development funds from the State of California – Library and Community Services Department
(LaShonda White/Tamara Walker 510-307-8006).
DISCUSSION:
AGENDA
REPORT
October 4, 2022
On July 25, 2000, the Richmond City Council adopted Resolution No. 141-00 authorizing the Employment & Training Department to administer workforce investment funds and the Employment & Training Director to serve as the administering signatory on behalf of the Workforce Investment Board and the City of Richmond. However, both titles, Workforce Investment Board and Employment and Training Director are no longer in use.
First, the Richmond Workforce Investment Board was established in the City of Richmond by Resolution No. 32-00 and subsequently renamed by Resolution No. 107-15 as the Richmond Workforce Development Board. Then, on November 23, 2021, the Richmond City Council restructured the City’s organization chart and in doing so, eliminated the Employment & Training Director position and created a Deputy Director of Community Services, Employment & Training position instead. Consequently, the California Employment Development Department (“EDD”) will no longer accept Resolution No. 141- 00 as signatory authority to receive workforce development formula funds for the City of Richmond as the position title designated therein no longer exists.
To resolve this issue, the EDD requested an amended resolution retroactively effective as of July 20, 2022. Unless otherwise noted (per designee assignment), it is also understood that the City Manager is authorized to serve as the administering signatory or authorized representative for grant agreements. Therefore, the resolution has been revised accordingly.
City staff recommends City Council approves the amended resolution. If Resolution No. 141-00 is not amended to update the name of the Richmond Workforce Development Board and grant signatory, Employment & Training will no longer be eligible to receive workforce development dollars from the State of California.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution 141-00
Attachment 2 – Amended Resolution
ꞏꞏ-ꞏꞏꞏꞏ"' ꞏ :
ꞏꞏ.•.-: ꞏ
RESOLUTION NO. 141-00
"ꞏ:-;. ; ;;:.; -.;. : -{ .::ꞏ-: :_: ;_;:::: : :..-: ; ' ꞏ. ꞏꞏ::
JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA AND RICHMOND WORKFORCE INVESTMENT BOARD ( RWIB ) FDR DESIGNATrnG ADMINISTERING AGENCY AHO SIGNATORY
AUTHORITY FOR THE WORKFORCE INVESTMENT FUNDS
. .
lllu lEREAS, the Richmond City c.ouncil acknowledges that the City . of Richmond shall be liable to the State of
California Employment Developme.nt Department for all
funds not expended in accordance with the City of
Richmond Workforce Investment Local Plan and the
implementing egulations, and shall return such funds to the Employment Development Department, and
WHEREAS; the Richmond City Council, as authorized by
t.he Richmond Workt:orce Investment Board, designates the Employment & Training Department to administer Workforc::e Investment funds and other state and local funds, and
NOW, TREREFORlil, BE IT RESOLVED, that the City of
Richmond and the Richmond lforJ(force Investment Board
authorize, through the designation set orth above, the
Employment & Training Directr to execute and sign all
Workforce Investmnt plans, modifications, adjustments,
grarits, grant applications, subgrant agreements or any other documents with or re ired by the State of
California Employment Development Department, the United St.ates Department of Labor. or any other state or federal agency .
AND BE T li'URTHER RESOLVED that this signature
authority is effective until secifically revoked.
Sal Vam
City council, Designee Employment f. Training Director July L 2000
Chairperson, Richmond WIB Effective Date
::ꞏꞏ ꞏ ꞏ.ꞏ.ꞏ. _ꞏ:-::.:- :... . - ---- ... .._•:;-.-.;--:. ; . ꞏ..
I certify that the foregoing reslution was passed and
adopted by the City Council of the City of Richmond at
a regular meeting th'ereof held July 2S 1 2000, b y the fo..l.lowing vote:
AYES :
NOES :
ABSTENTIONS:
ABSEl T :
Approved:
Councillllembers Butt, Bates, Penn,
Marquez,·Griffin, Evans, Bellr
'Anderson and Mayor Corbin
None
None
None
DIANE HOLMES
CLERK OF 'THE CITY OF RICHMOND
(SEAL )
ROSE1'1ARY M. CORBIN
l'<layor
Approved as to form:
MALCOLM HUWTER
City ttorney
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA AND RICHMOND WORKFORCE DEVELOPMENT BOARD (RWDB) AMENDING RESOLUTION NO. 141-00 DESIGNATING THE ADMINISTERING
AGENCY AND SIGNATORY AUTHORITY FOR WORKFORCE DEVELOMENT FUNDS
WHEREAS, the Richmond Workforce Investment Board was established in the City of Richmond by Resolution No. 32-00 and subsequently renamed by Resolution No. 107-15 as the Richmond Workforce Development Board; and
WHEREAS, the Richmond City Council acknowledges that the City of Richmond shall be liable to the State of California Employment Development Department for all funds not expended in accordance with the City of Richmond Workforce Development Board Local Plan and the implementing regulations, and shall return such funds to the Employment Development Department, and
WHEREAS, the Richmond City Council, as authorized by the Richmond Workforce Development Board, designates the Employment & Training Department to administer Workforce Development funds and other state and local funds, and
WHEREAS, Resolution No. 141-00 designated the Employment & Training Director to execute and sign all Workforce Development plans, modification, adjustments, grants, grant applications, subgrant agreements or any other documents with or required by the State of California Employment Development Department, the United States Department of Labor, or any other state or federal agency; and
WHEREAS, on November 23, 2021, the Richmond City Council restructured the City’s organization chart and in, doing so, eliminated the Employment & Training Director role and created a Deputy Director of Community Services, Employment & Training role; and
WHEREAS, the City Manager has power pursuant to the Charter of the City of Richmond to sign contractual agreements on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Richmond and the Richmond Workforce Development Board hereby modify Resolution No. 141-00 to replace all references to “Richmond Workforce Investment Board” with “Richmond Workforce Development Board.”
BE IT FURTHER RESOLVED, that the third clause of Resolution No. 141 -00 is modified to read as follows:
… the City of Richmond and the Richmond Workforce Development Board
authorize, through the designation set forth above, the City Manager or their designee to execute and sign all Workforce Development plans, modification, adjustments, grants, grant applications, subgrant agreements or any other documents with or required by the State of California Employment Development Department, the United States Department of Labor, or any other state or federal agency.
BE IT FURTHER RESOLVED that these amendments to Resolution No. 141-00 shall be deemed effective as of ___________, 2022.
BE IT FURTHER RESOLVED that the signature authority set forth herein is effective until specifically revoked.
_________________________ _________________________________ City Council, Designee Deputy Director of Community Services, Employment and Training Department
________________________ _________________________________ Chairperson, Richmond WDB Effective Date
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
October 4, 2022
Mayor's Office
DATE: October 4, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: California Clean Air Day – October 5, 2022
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
California Clean Air Day is built on the idea that shared experiences unite people to improve community health by joining together for a unified day of action and creating new habits to clear the air for all members of California’s diverse communities.
RECOMMENDED ACTION: PROCLAMATION declaring October 5, 2022, as California Clean Air Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
DISCUSSION:
Emissions from vehicles, industries, and household sources significantly contribute to air pollution, higher rates of cancer, and heart and lung diseases, the latter of which has AGENDA
REPORT
October 4, 2022
been linked to poor outcomes for people infected with COVID-19. According to a nationwide study from Harvard T.H. Chan School of Public Health, people with COVID- 19 who live in U.S. regions with high levels of air pollution are more likely to die from the disease than people who live in less polluted areas.
California has some of the most polluted regions in the country, making it more vital that we protect the health and well-being of our residents, visitors, and workforce through air quality awareness and education and by encouraging environmentally healthier habits.
Everyone can play a role with actions such as not idling vehicles, walking or biking to work and school, carpooling, conserving energy, and taking the California Clean Air Day pledge at www.cleanairday.org – all while wearing face coverings and practicing social distancing.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
CITY OF RICHMOND, CALIFORNIA
P R O C L A M A T I O N
Declaring October 5, 2022 as California Clean Air Day
WHEREAS, California Clean Air Day is built on the idea that shared experiences unite people to improve community health b y joining together for a unified day of action and creating new habits to clear the air for all members of California’s diverse communities; and
WHEREAS, emissions from vehicles, indus tries, and household sources significantly contribute to air pollution, higher rates of can cer, and heart and lung diseases , the latter of which has been linked to poor outcomes for people infected with COVID-19; and
WHEREAS, according to a nationwide study from Harvard T.H. Chan School of Public Health , people with COVID-19 who live in U.S. regions with high levels of air pollution are more likely to die from the disease than people who live in less polluted areas; and
WHEREAS, California has some of the most polluted regions in the country, making it more vital that we protect the health and well -being of our residents, visitors, and workforce through air quality awareness and education and by encouraging environmentally healthier habits; and
WHEREAS, everyone can play a role with actions such as not idling vehicles, walking or biking to work and school, ca rpooling, conserving energy, and taking the California Clean Air Day pledge at www.cleanairday.org – all while wearing face coverings and practicing social distancing.
NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council do es hereby declare October 5, 202 2 as California Clean Air Day in the City of Richmond and encourages all community members to participate and help clean the air for all Californians.
___________________________
Mayor Tom Butt
City of Richmond, California
October 4, 2022
October 4, 2022
Mayor's Office
DATE: October 4, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Arbor Day – October 15, 2022
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Arbor Day is a holiday in which individuals and groups are inspired to plant, nurture, and celebrate trees.
RECOMMENDED ACTION: PROCLAMATION declaring October 15, 2022 , as Arbor Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
DISCUSSION:
In 1594, the Spanish village of Mondoñedo celebrated the first documented Arbor Day and in 1805, the Spanish village of Villanueva de la Sierra celebrated the first modern AGENDA
REPORT
October 4, 2022
day Arbor Day, organized by local priest Don Ramón Vacas Roxo who was convinced of the importance of trees for health, hygiene, decoration, nature, environment, and customs. In 1872, Nebraska City celebrated the first Arbor Day in the United States, organized by journalist Julius Sterling Morton who led the charge in the planting of approximately 1 million trees, 98 years before it became a federal holiday in 1970 under President Nixon.
The benefits of a healthy urban forest include improved air quality, storm water filtration, and a reduction in carbon dioxide, crime, energy consumption, heat island effect, and ozone formation. The City of Richmond is committed to urban reforestation, takes great pride in its beautification projects; and is requesting recertification as a Tree City USA by the National Arbor Day Foundation. The City of Richmond is developing the Urban Greening Plan, a master document to guide and coordinate future greening projects that includes a living list of approved street trees, tree inventory, and urban forest best practices appendix.
The City of Richmond expresses its sincere appreciation to the Public Works Department’s Parks and Landscaping Division, which improves the quality of life for all residents through the efforts and dedication of its members and the community.
On Saturday, October 15, 2022, the Parks Maintenance Division and the Urban Forestry Advisory Committee will engage in a tree planting project at John F. Kennedy Park at the corner of Cutting Boulevard and South 41st Street.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
CITY OF RICHMOND, CALIFORNIA
P R O C L A M A T I O N
Declaring October 15, 2022 as Arbor Day
WHEREAS, in 1594, the Spanish village of Mondoñedo celebrated the first documented Arbor Day and in 1805, the Spanish village of Villanueva de la Sierra celebrated the first modern day Arbor Day, organized by local priest Don Ramón Vacas Roxo who was convinced of the importance of trees for health, hygiene, decoration, nature, environment, and customs; and
WHEREAS, in 1872, Nebraska City celebrated the first Arbor Day in the United States, organized by journalist Julius Sterling Morton who led the charge in the planting o f approximately 1 million trees, 98 years before it became a federal holiday in 1970 under President Nixon; and
WHEREAS, the benefits of a healthy urban forest include improved air quality, storm water filtration, and a reduction in carbon dioxide, crime, energy consumption, heat island effect, and ozone formation; and
WHEREAS, the City of Richmond is committed to urban reforestation, takes great pride in its beautification projects; and is requesting recertification as a Tree City USA by the National Arbor Day Foundation; and
WHEREAS, the City of Richmond is developing t he Urban Greening Plan, a master document to guide and coordinate future greening projects that includes a living list of approved street trees, tree inventory, and urban forest best practices appendix; and
WHEREAS, the City of R ichmond expresses its sincere appreciation to the Public Works Department’s Parks and Landscaping Division, which improves the quality of life for all residents through the efforts and dedication of its members and the community; and
WHEREAS, on Saturday, October 1 5, 202 2, the Parks Maintenance Division and the Urban Forestry Advisory Committee will engage in a tree planting proje ct at John F. Kennedy Park at the corner of Cutting Boulevard and South 41st Street.
NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council do es hereby declare October 15, 2022 as Arbor Day in the City of Richmond and encourages residents to celebrate by planting, nurturing, and celebrating trees.
___________________________
Mayor Tom Butt
City of Richmond, California
October 4, 2022
October 4, 2022
Mayor's Office
DATE: October 4, 2022
TO: Members of the City Council
FROM:
Tom Butt, Mayor
Subject:
Hispanic Heritage Month - September 15 – October 15,
2022
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Hispanic Heritage Month celebrates the culture, heritage, and countless contributions of those whose ancestors
came from North America, Central America, South
America, and Spain, and creates a greater awareness of
contributions to culture within the United States,
illustrates the diversity of the Hispanic American
community, and encourages a greater curiosity about the history and cultural heritage of Hispanic Americans.
RECOMMENDED ACTION:
PROCLAMATION declaring September 15 – October 15,
2022, as Hispanic Heritage Month in the City of
Richmond – Mayor’s Office (Mayor Tom Butt 510-620-
6503).
AGENDA
REPORT
October 4, 2022
DISCUSSION:
In 1968, U.S. Representative Edward Roybal and President Lyndon Johnson recognized Hispanic Week to honor the contributions, achievements, and involvement of Hispanic Americans in the development of the United States, and in 1988, the commemoration was expanded to a month through legislation sponsored by U.S.
Representative Esteban Edward Torres, amended by U.S. Senator, and signed into law by President Ronald Reagan.
Hispanic Americans have made positive contributions to our community in many ways:
as economic drivers as business owners, workers, and entrepreneurs; as contributors to education as teachers and professors; as protectors of our health and well-being as nurses, doctors, police officers, firefighters, caretakers, and childcare workers; as advocates for social equality and justice through civic leadership; as elected and public officials in our government; and through cultural enrichment as artists, singers, musicians, performers and writers.
The City of Richmond takes pride in the growing diversity of our community and encourages all residents and community members to learn more about the rich culture, traditions, and history of Hispanic Americans and celebrate the valuable contributions Hispanic Americans have made to the growth, prosperity, and well-being of our region.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
CITY OF RICHMOND, CALIFORNIA
P R O C L A M A T I O N
Declaring September 15 – October 15, 2022 as Hispanic Heritage Month
WHEREAS, in 1968, U.S. Representative Edward Roybal and President Lyndon Johnson recognized Hispanic Week to honor the contributions, achievements, and involvement of Hispanic Americans in the development of the United States, and in 1988, the commemoration was expanded to a month through legislation sponsored by U.S. Representative Esteban Edward Torres, amended by U.S. Senator, and signed into law by President Ronald Reagan; and
WHEREAS, Hispanic Heritage Month celebrates the culture, heritage, and countless contributions of those whose ancestors came from North America, Central America, South America, and Spain, and creates a greater awareness of contributions to culture within the United States, illustrates the diversity of the Hispanic American community, and encourages a greater curiosity about the history and cultural heritage of Hispanic Americans; and
WHEREAS, Hispanic Americans have made positive contributions to our community in many ways: as econom ic drivers as business owners, workers , and entrepreneurs; as contributors to education as teachers and professors; as protectors of our health and well -being as nurses, doctors, police officers, firefighters, caretakers , and childcare workers; as advocates for social equality and justice through civic leadership; as elected and public offic ials in our government; and through cultural enrichment as artists, singers, musicians, performers and writers; and
WHEREAS, the City of Richmond takes pride in the growing diversity of our community and encourages all residents and community members to l earn more about the rich culture, traditions, and history of Hispanic Americans and celebrate the valuable contributions Hispanic Americans have made to the growth, prosperity, and well-being of our region.
NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare September 15 – October 15, 2022 as Hispanic Heritage Month in the City of Richmond.
___________________________
Mayor Tom Butt
City of Richmond, California
October 4, 2022
October 4, 2022
Police Department
DATE: October 4, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Bisa French, Chief of Police
Subject:
Proposed Contract to Continue Services with the
Children’s Interview Center (CIC)
FINANCIAL IMPACT: The $14,877.47 to pay for Fiscal Year 2021-2022 expenses, and an estimated $15,000.00 annualized cost
for the first year of the contract, will be paid for out of the approved Fiscal Year 2022-2023 Police Department
budget. An estimated annual amount of $15,000.00 will
be included in the operating budget for each of the next three fiscal years – 2023-2024, 2024-2025, and 2025-
2026 (01191021-400321).
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
The Police Department is requesting approval of a new
contract that would continue services provided by the
Children’s Interview Center (CIC) for services rendered between July 1, 2021 through June 30, 2026.
RECOMMENDED ACTION:
APPROVE a five-year, sole-source contract for
Children’s Interview Center (CIC) services to support
forensic interviews of children victimized by sexual or physical abuse, and/or who have been severely
neglected for the period July 1, 2021, to June 30, 2026, with the Children Interview Center (CIC), in a total
amount not to exceed $75,000 - Police Department
(Chief Bisa French 510-621-1802).
AGENDA
REPORT
October 4, 2022
DISCUSSION:
Since 1996, the Children’s Interview Center (CIC) has worked in partnership with Law Enforcement, the District Attorney’s Office, Children and Family Services, County Mental Health, and other community agencies as part of a county-wide Multi- Disciplinary Team (MDT). Working collaboratively, the Team and the CIC respond primarily to allegations of child sexual abuse, but also to allegations of child physical abuse or witnesses to other traumatic events.
The primary goal of the CIC is to support effective criminal investigations of child abuse by providing standardized forensic interviews in order to hold abuse perpetrators accountable while minimizing duplicative interviews and further trauma to children and families. In order to reduce trauma, children are interviewed by a specially trained professional in a supportive setting. The CIC is a safe and child/ teen- friendly environment where children ages 2 – 17, as well as developmentally delayed people of any age, can disclose what happened in a safe and comfortable setting, and begin their healing. In certain circumstances, Contra Costa County’s specially trained facility dog may be present with the child during the interview to afford comfort to the child.
The proposed contract with the Children’s Interview Center (CIC) is a continuation of services to support forensic interviews of children victimized by sexual or physical abuse, and/or who have been severely neglected. The Contra Costa County CIC is used by all law enforcement agencies in the County. The Contra Costa County Employee and Human Services Department acts as fiduciary with oversight of services at the CIC.
The last contract with CIC was valid through June 30, 2021, and although the funds were budgeted for in the Police Department’s approved budget for FY2021-2022 (July 1, 2021 – June 30, 2022), the contract was not created in MUNIS. Realizing the error after receiving the invoice on July 20, 2022, we would like to continue the contracted service without interruption.
RECOMMENDATION:
The Police Department recommends that City Council approve a five-year sole- source contract with CIC, with an effective date retroactive to July 1, 2021.
DOCUMENTS ATTACHED:
Attachment 1 – Children Interview Center Contract (Contra Costa County Employment and Human Services, fiduciary)
Attachment 2 – Approved Sole Source
Attachment 3 – Approved After the Fact Form
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions.
This Contract is subject to the General Conditions
(Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions
. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions.
This Contract is subject to the Insurance Provisions
(Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Police Department
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YM
ENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default
. Notwithstanding any provision herein to the
contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification
.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete