Richmond City Council
March 7, 2023

March 7, 2023

Department

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Design Review Board
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

David Plotkin is applying for a vacant seat on the Design and Review Board.

RECOMMENDED ACTION:

APPOINT David Plotkin to the Design Review Board,
term expires, March 17, 2027 - Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

DISCUSSION: David has been an Architect in the Building Design and Construction field for over 26 years. His vast experience and dedication to public and non-profit work would be an immense asset to the board.

AGENDA
REPORT

March 7, 2023

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract

BOARD OR COMMISSION APPLICATION FORM
DATE: _____________________
Check one: New Appointment 
Re-Appointment 
NAME OF BOARD OR COMMISSION: _____________________________________________________________ NAME: ______________________________________________________________________________________ HOME ADDRESS: ________________________________________________ ZIP CODE: ____________HOME PHONE: ______ WORK PHONE _ ______ OCCUPATION: _______________________________________ EMAIL ADDRESS: __ HOW LONG HAVE YOU BEEN A RESIDENT OF THE CITY OF RICHMOND: _____________________________ PLACE OF EMPLOYMENT: _____________________________________________ REASONS FOR INTEREST IN APPOINTMENT:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ FRATERNAL AND/OR CIVIC ORGANIZATIONS:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ EDUCATION:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ REFERENCES (Minimum 5 – List Name, Address, Phone Number, and Email Address)

1._______________ _________

2._______________ ____________

3.________________________ ____

4.__________________________ ____________

5.______________________
To the best of my knowledge the information provided is true and correct:
_______________________________________________ ____________________________ Signature Date
Deliver or Mail to: City Clerk Or Email to: [email protected] 450 Civic Center Plaza
Richmond, CA 94804
For Office Use Only: New Appointment:  Reappointment:   1st  2nd  3rd 11/03/2022
✔
Design Review Board
David Plotkin
94805
(
Architect
8 years
As an Architect with over 26 years in the Building Design & Construction field, I would like to volunteer my time & expertise to contribute to the positive growth of my home community of Richmond, CA. With an emphasis in public & non-profit work, I will provide value to the DRB in carefully balancing growth and equity for our diverse community.

Habitat for Humanity (past co-chair for the Building & Site Committee) Jewish Federation (past board member)
Jewish Community Center (past member of the Building & Site Committee) Bachelor of Architecture - University of Cincinnati - Department of Architecture, Art & Planning James Hatfield, 5 om
Michael Jensen,
Dawna Williams / Hamilton Families,
Michael Strong / Pankow Builders,
Samuel Chui / SF Public Works,
11/3/22

March 7, 2023

Police Department

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Two-Year Sole-Source Contract with Police Strategies,
LLC
FINANCIAL IMPACT: The Police Department has $31,000 for the first year of the contract in its adopted fiscal year (FY) 2022-2023
budget and will allocate $14,000 in FY2023-2024 for the second year of the contract – account string 01191021-
400209.

PREVIOUS COUNCIL
ACTION:

4/20/2021 - approved a one-year contract with Police
Strategies, LLC to analyze and code use-of-force data for 2018 through 2020.

STATEMENT OF THE
ISSUE:

The Police Department seeks to enhance public trust by
making use-of-force data available to the public through written reports and an interactive online dashboard.

RECOMMENDED ACTION:

APPROVE a two-year sole-source contract with Police
Strategies, LLC, in an amount not to exceed $45,000, to analyze and publish use-of-force data, with a term from January 17, 2023 through December 31, 2024, with two
one-year extension options – Police Department (Chief
Bisa French 510-621-1802).

AGENDA
REPORT

March 7, 2023
DISCUSSION:

The Police Department seeks a partnership with Police Strategies, LLC to provide transparent and accurate reporting of use-of-force incidents through its Police Force Analysis System. The Police Force Analysis System (PFAS) collects use-of-force data, analyzes the incidents utilizing a wide range of factors, and assigns easy to interpret scores that characterize the extent to which each use of force was legally justifiable.

The resulting information will assist the Police Department in developing operating policies and training programs to address any concerns regarding use-of-force patterns or trends. The PFAS software will also assist the Police Department in building community trust by publishing an online interactive dashboard containing the Department’s use-of-force data from 2018 through 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract
Attachment 2 – Sole Source 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.

Police Department Lieutenant John Lopez
[email protected] (510) 620-6613
14782
Publish use-of-force data in written reports and an online interactive dashboard Police Strategies, LLC
13197 N. Madison Avenue NE
Bainbridge Island, WA, 98110
Robert Scales
(206) 915-8683 [email protected]
40061647
A Washington limited liability corporation
January 17, 2023
December 31, 2024
45,000
✔
6334

6. Authorized Representatives and Notices . This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions . This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions.

This Contract is subject to the Insurance Provisions
(Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

By
:

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

By :

B y : Ti 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
Police Strategies, LLC

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
Police Strategies, LLC
Provide Police Force Analysis System Dashboard deliverables per the attached price quote, Exhibit G.

RPD will provide IAPro data and incident reports by the end of February 2023, and Police Strategies will have the dashboards and written report draft completed by June 2023, based on the timely transfer of IAPro data by RPD.

Once the dashboard update is complete and the written report is approved by RPD, payment of $31,000 will be made within 45 days to Police Strategies LLC. Annual updates will be billed in the summer of each year after the dashboard update and report are completed.

Once complete, the dashboard will be made available to the public online. The dashboard will score Use of Force incidents based on legally justifiable parameters.


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EXHIBIT G

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

Lieutenant John Lopez
Police Strategies, LLC
Police Department
Lieutenant John Lopez

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 secti
on 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:

Police Strategies, LLC
Lieutenant John Lopez
1701 Regatta Boulevard
Police Strategies, LLC
ATTN: Bob Scales
13197 N. Madison Avenue NE
Bainbridge Island, WA, 98110

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 i
ndependent 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 expres
s 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 int ellectual 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 expens
e, furnish all facilities and
equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for a ny further
period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

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 ex
amination 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 necess
ary 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, Ci
ty 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 at
torney'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 in
validate 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 volunteer
s 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

General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misc onduct 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

General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContrac
tor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance
. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limi
tation environmental laws, employment
discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not
assign this Contract, nor any portion
hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matte
r hereof and supersedes any previous
oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments
. This Contract may be modified or
amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions
. In the event of a conflict between these General
Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclus
ivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure
. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulat
ions enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contract
or and City will use reasonable efforts to notify
one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

General Conditions/EJ/TE 01-19-11 11 of 13

29. Third
Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law
. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims
. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation
. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, C
ontractor warrants as follows: Contractor possesses
good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining pr
ovisions or portions or applications
thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or t
he City Manager) is duly authorized to
enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver
. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest
. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance
.

Contractor
represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Cont
ractor an opportunity to cure errors and omission
which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Police Strategies, LLC

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
R
evised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed
operations (if
applicable).

2. Insurance Serv
ices Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or i
ts equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Origin
al and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professiona
l Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s professi
on (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to 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
.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
R
evised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applic able to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPL
E Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Be tter. If the A.M. Best Rating falls below the required rating, CONT
RACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
R
evised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

EXHIBIT H

March 7, 2023

Public Works

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent

Subject:

Preparation of Engineer’s Report for Fiscal Year 2023-
2024 for the Hilltop Landscape Maintenance District
FINANCIAL IMPACT: The proposed expenditure of $11,000 was funded in the approved Fiscal Year 2022-2023 - Public Works
Department Operational Budget (11233731-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The proposed resolution initiates the process for the
annual levy of a benefit assessment for the Hilltop
Landscape Maintenance District by ordering the
preparation of the Fiscal Year 2023-2024 Engineer’s
Report for this District.

RECOMMENDED ACTION:

ADOPT a resolution ordering the preparation of the
Engineer’s Report for Fiscal Year 2023-2024 regarding
improvements and costs for the Hilltop Landscape
Maintenance District - Public Works Department (Daniel
Chavarria 51620-5478/Greg Hardesty 620-6920).

AGENDA
REPORT

March 7, 2023
DISCUSSION:

On June 23, 1998, the City Council adopted Resolution No. 91-98, approving the Engineer’s Report, establishing the rate of assessment, authorizing annual increases thereof, and ordering maintenance services within the Hilltop Landscape Maintenance District (District). The rate of assessment for this District must be confirmed annually by action of the City Council.

In accordance with Section 12.60.240 of the Richmond Municipal Code, and in accordance with State law, the first step in this process is to order the preparation of an Engineer’s Report of assessment for the 2023-2024 fiscal year. As required by Section

12.060.250 of the Richmond Municipal Code, a copy of the report and a property owner response form will be mailed to all owners of real property subject to the annual benefit assessment as a subsequent part of the process. The City Council will be asked to hold a public hearing and accept the Engineer’s Report to then finalize the process.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA ORDERING PREPARATION OF AN ENGINEER’S REPORT FOR FISCAL YEAR 2023-2024 REGARDING IMPROVEMENTS AND COSTS FOR THE

HILLTOP LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

WHEREAS, by Resolution Number 91-98 dated June 23, 1998, the City Council of the City of Richmond established for the Hilltop Landscape Maintenance Assessment District rates assessment and authorized annual increases thereof; and

WHEREAS, the City Council of the City of Richmond now wishes to determine whether the rates of assessment for Fiscal Year 2023-2024 should be amended.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND DOES HEREBY RESOLVE AS FOLLOWS:

(1) The Engineer shall prepare a report that describes any proposed new improvements or any substantial changes in existing improvements.

(2) The Engineer shall file the report with the City Clerk for consideration by the City Council.

PASSED, APPROVED AND ADOPTED this 7th day of March 2023.

------------------------

I certify that the foregoing Resolution No. was duly passed, approved and adopted by the City Council of the City of Richmond, California, at a regular meeting of said City Council held on the 7th day of March 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND

Approved:

Mayor

Approved as to form:

City Attorney

March 7, 2023

Public Works

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Public Works Director
Greg Hardesty, Parks & Landscaping Superintendent

Subject:

Preparation of the Engineer’s Report for Fiscal Year
2023-2024 for the Marina Bay Landscape and Lighting
Maintenance District
FINANCIAL IMPACT: The proposed expenditure of $7,750 is funded in the approved Fiscal Year 2022-2023 Department of Public
Works Operational Budget (11533931-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The proposed resolution initiates the process for the
annual levy of a benefit assessment for the Marina Bay
Landscape and Lighting Maintenance District (District) by ordering the preparation of the Fiscal Year 2023-2024
Engineer’s Report for this District.

RECOMMENDED ACTION:

ADOPT a resolution ordering the preparation of the
annual engineer’s report for Fiscal Year 2023-2024
regarding improvements and costs for the Marina Bay
Landscape and Lighting Maintenance District – Public
Works Department (Daniel Chavarria 510-620-5478/Greg
Hardesty 510-620-6920).

AGENDA
REPORT

March 7, 2023
DISCUSSION:

On July 28, 2009, the City Council adopted Resolution No. 83-09, approving the formation of the new Landscape and Lighting District and the founding Engineer’s Report, establishing the rate of assessment, authorizing annual increases thereof, and ordering maintenance services within the Marina Bay Landscaping and Lighting Maintenance District (District). The rate of assessment for this District must be confirmed annually by action of the City Council.

In accordance with Section 12.60.240 of the Richmond Municipal Code, and in accordance with State law, the first step in this process is to order the preparation of an Engineer’s Report of assessment for the 2023-2024 fiscal year. The Engineer shall prepare a report that describes any proposed new improvements or any substantial changes in existing improvements. As required by Section 12.060.250 of the Richmond Municipal Code, a copy of the report and a property owner response form will be mailed to all owners of real property subject to the annual benefit assessment as a subsequent part of the process. The City Council will be asked to hold a public hearing and accept the Engineer’s Report to then finalize the process.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA ORDERING PREPARATION OF THE ANNUAL ENGINEER’S REPORT FOR FISCAL YEAR 2023-2024 REGARDING IMPROVEMENTS AND

COSTS FOR THE MARINA BAY LANDSCAPE AND LIGHTING MAINTENANCE

DISTRICT

WHEREAS, by Resolution Number 83-09 dated July 28, 2009, the City Council of the City of Richmond established assessment rates for the Marina Bay Landscape and Lighting Maintenance District and authorized annual increases thereof; and

WHEREAS, the City Council of the City of Richmond now wishes to determine whether the rates of assessment for Fiscal Year 2023-2024 should be amended.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND DOES HEREBY RESOLVE AS FOLLOWS:

(1) The Engineer shall prepare a report that describes any proposed new improvements or any substantial changes in existing improvements.

(2) The Engineer shall file the report with the City Clerk for consideration by the City Council.

PASSED, APPROVED AND ADOPTED this 7th day of March 2023.

------------------------

I certify that the foregoing Resolution No. was duly passed, approved and adopted by the City Council of the City of Richmond, California, at a regular meeting of said City Council held on the 7th day of March 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND

Approved:

Mayor

Approved as to form:

City Attorney

March 7, 2023

Public Works

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent
Stephanie Ny, Associate Administrative Analyst

Subject:

Tom Horton Memorial Bench Donation
FINANCIAL IMPACT: There is no financial impact to the General Fund.

The value of the memorial bench donation is
approximately $1,500.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Department of Public Works, Parks Maintenance
Division is seeking approval of a memorial bench
donation. The memorial bench will be installed at Barbara and Jay Vincent Park.

RECOMMENDED ACTION:

APPROVE the donation of a memorial bench dedicated
to Tom Horton to be installed at Barbara and Jay Vincent Park – Public Works Department (Daniel Chavarria/Greg
Hardesty 510-620-6920).

AGENDA
REPORT

March 7, 2023
DISCUSSION:

At the regular meeting of the Marina Bay Landscaping and Lighting District Board on January 19, 2023, the Board approved a request to donate a memorial bench dedicated to Tom Horton. At the regular meeting of the Recreation and Parks Commission on February 1, 2023, the Commission also approved a request to donate a memorial bench dedicated to Tom Horton.

The memorial bench will be installed at Barbara and Jay Vincent Park facing the water.

The request must be approved by City Council prior to donation and installation.

Background

Tom Horton was a frequent visitor of Barbara and Jay Vincent Park for over a decade.

He had been kitesurfing at the park before his untimely death due to a heart attack last fall.

Tom was much liked and appreciated by the other kite surfers and regular park visitors.

When he was waiting for the wind to increase, he would often tidy up the park by picking up trash and broken glass, especially around the playground. He also kept the small beaches free of broken glass, plastic, and driftwood so that beach goers, and especially kids, could use the beaches safely. In the spring, he would organize friends and family to help clean up heavier pieces of trash from the park.

Tom’s family and friends wish to donate a memorial bench dedicated to him to honor his love for the park and nature. The bench will be purchased and shipped to the Parks and Landscaping Division. The bench donation is valued at approximately $1,500.

The memorial bench will include a plaque that reads:

In loving memory of
Tom Horton
March 28, 1951 – October 8, 2022

DOCUMENTS ATTACHED:

Attachment 1 – Application to dedicate a memorial bench to Tom Horton Attachment 2 – Marina Bay Landscaping and Lighting District Board approval Attachment 3 – Recreation and Parks Commission approval Attachment 4 – Memorial bench location
Attachment 5 – Bench and plaque photos

1 NOMINATION FORM FOR NAMING OR RE-NAMING

PARKS, FACILITIES OR STREETS

1. Name of Nominee:

[ ] Individual [ ] Group [ ] Organization

2. Nominated By: Name:

Address:

City and Zip:

Telephone:

Organization:

3. Proposed [ ] Facility [ ] Park [ ] Street [ ] Other Current Name:

Proposed Name:

Please indicate the category that applies to the nomination:
[ ] Service Recognition [ ] Monetary, Capital or Material [ ] Recognition of Heroes [ ] Special Feature, Area, Locale

PLEASE FILL IN ONLY THE SECTION THAT APPLIES TO THE PROPOSED NOMINATION. ADDITIONAL COMMENTS CAN BE INCLUDED ON THE SECOND (2) PAGE AND/OR OTHER RELATED MATERIALS OR COMMENTS MAY BE ATTACHED TO THIS APPLICATION.

Service Recognition: (Individual, Group, or Organization)

1. Was service provided in a voluntary non-paid status or if a group or organization, was contribution provided outside the normal function of a profit making organization? [ ] YES [ ] NO

2. Did the contribution exceed five (5) years in duration? [ ] YES [ ] NO

3. Is the nominee an elected or appointed official?
[ ] YES [ ] NO

4. Did the contribution have a direct positive effect on the delivery of public services? [ ] YES [ ] NO

5. If the nominee is DECEASED and provided service while they were in a pay status or they were an elected or appointed official, please indicate year of death.

Year of Death
A. Did the service exceed ten (10) years in duration? [ ] YES [ ] NO
Revised 01/2021
Tom Horton Memorial Bench
✔
Robert Stevens
8 MoodyCt
San Rafael, CA 94901
415.596.3914
Kite & wind surfers @ B & J Vincent Pk
✔
Tom Horton Memorial Bench
✔
✔
✔
✔
✔
2022
✔

2 Monetary, Capital or Material Contribution:

1. What is the amount or value of the contribution?
$ _________________

2. Date of contribution: ______________________

3. Does nominee have a good record of citizenship?
[ ] YES [ ] NO
Recognition of Heroes:

1. Did the deed for which the nominee is being honored occur two (2) years prior to the date of consideration? [ ] YES [ ] NO

2. Is the deed for which the nominee is being honored common knowledge to the citizens of Richmond? [ ] YES [ ] NO

3. Does nominee have a good record of citizenship?
[ ] YES [ ] NO

4. Is the nominee recognized as a national hero by an agency of the United States Government? [ ] YES [ ] NO
Name of Agency:

Special Feature, Area or Locale:

1. Is this name appropriate to the facility?
[ ] YES [ ] NO
Please explain in comments section.

Comments:

Nominated by: Date:

Received in Recreation Division By:

Date:

Requested Action:
[ ] Prepare for Commissioner recommendation
[ ] Deny (Explanation)

Revised 01/2021
This bench is to be installed in Barbara and Jay Vincent Park, Richmond.

Bench is from Keystone Ridge Designs, AH26 - Athenos bench with back, 6 ft, bolt down, color: verdi green, with plaque: In loving memory of Tom Horton, March28, 1951 - October 8, 2022.

Robert Stevens
11/16/2022
Stephanie Ny
11/17/2022
✔

1 Stephanie Ny
From: Ranjana Maharaj
Sent: Tuesday, February 14, 2023 1:05 PM
To: Stephanie Ny
Subject: Request for the Installation of a Memorial Bench donation

The following item was approved by the Recreation and Parks Commission at their regular meeting held on February 1, 2023.

11. Discussions and Action Items (60 minutes)

Following discussion of each item, the commission may vote to make recommendations to Commissioners, staff and/or to the City Council.

a. Request Installation of a Memorial Bench at BJVP in honor of Tom Horton – Robert Stevens, Kite and Wind Surfers

Ranjana Maharaj
Deputy Director for Community Services - Recreation
3230 Macdonald Avenue, Richmond, CA 94804
(510) 620-6972 (phone)
(510) 620-6583 (fax)

Community Services - EnRICHing Our Community

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Silhouette Bench
Color: Cedar
Mount Type: Inground Mount
Length: 6’
https://www.barcoproducts.com/silhouette-benches

Cast Bronze Bench Plaque
https://www.barcoproducts.com/cast-bronze-bench-plaques

Size TBD

March 7, 2023 Page 1 of 3

Public Works

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Lina Velasco, Director of Community Development

SUBJECT:

Contract with Wiss, Janney, Elstner Associates, Inc.
(WJE) for Historic Resource Evaluations

FINANCIAL IMPACT: Portions of the contract relating to Point Molate will be paid using Account String: 01917090-400201-PM902 and
Port work using Account String: 40163080-400201-36004

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Winehaven Historic District and Shipyard No. 3
Historic District have several vacant structures, including damaged and deteriorated structural and enclosure
components. City staff is seeking evaluation and related design services to assess what temporary shoring,
structural repairs, or enclosure repairs are necessary to mitigate the further deterioration of these buildings.

RECOMMENDED ACTION:

APPROVE a sole-source contract with Wiss, Janney,
Elstner Associates, Inc. (WJE), in an amount not to
exceed $250,000, for a term ending June 30, 2024, to
provide evaluation and related design services of certain historic structures at Winehaven Historic District and
Shipyard No. 3 Historic District – Public Works (Daniel Chavarria 510-620-5478/Lina Velasco 510-620-6841).

This item was continued from the February 21, 2023,
and February 28, 2023 meetings.

AGENDA
REPORT

March 7, 2023 Page 2 of 3

DISCUSSION:

The Winehaven Historic District and Shipyard No. 3 Historic District have several vacant structures. City staff has observed damaged and deteriorated structural and enclosure components to these structures. To evaluate and repair these issues, City staff is seeking approval of a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE) in an amount not to exceed $250,000, for a term ending June 30, 2024. These evaluations identify what temporary shoring, structural repairs, or enclosure repairs are necessary to mitigate further deterioration to avoid any significant loss of integrity of these historic structures.

Project Objectives

Except for the Fire Station, the buildings to be evaluated at both sites are vacant and their building enclosure materials are generally deteriorated and are damaged in numerous locations, allowing water and animal intrusion and continued deterioration of historic materials.

The overall goals of this Scope of Work are:

Investigation Phase
 Assess the condition of the buildings at the two sites, focusing on their structure and building enclosures.
 Determine what temporary shoring, structural, and enclosure repairs are recommended to mitigate the further deterioration of these buildings for a period of approximately five years (or possibly longer for the Cafeteria).

Design Phase
 Design the recommended repairs and prepare Construction Documents suitable for obtaining construction permits and publicly bidding the projects.

Previous Work Completed by WJE

The Cafeteria Building was constructed at Richmond Shipyard No. 3 in 1943 and is a contributing resource within the Richmond Shipyard No. 3 Historic District. Available original construction documents indicate that the building’s use and floor plan were revised multiple times, unlike most of the other buildings at the shipyard. The one-story wood-framed building is clad with painted wood siding and has gravel-surfaced bituminous low-slope roofing.

WJE previously documented the Cafeteria Building as part of a Historic Structures Report for the overall Richmond Shipyard No. 3. The proposed Scope of work will update that conditions assessment completed in 2013.

In July 2010, WJE was engaged by the City of Richmond to perform an emergency stabilization assessment of seven buildings (Buildings 1, 6, 10, 13, 17, 60, and 63) at the Winehaven National Historic District. The purpose of that assessment was to

March 7, 2023 Page 3 of 3

identify conditions that pose an immediate hazard of collapse. WJE prepared a report dated July 20, 2010, describing their findings from that investigation (see Attachment 3).

In 2011, the City of Richmond engaged Plant Construction to perform emergency stabilization based on the recommendations described in the July 2010 WJE report.

WJE was engaged by Plant Construction to provide engineering services to design the stabilization. This work was completed circa August 2011.

Since the emergency stabilization work was limited to those conditions that were observed to be hazardous at the time of the previous site observations, and since the stabilization work was not intended to include protection of the building from weather, further deterioration of portions of the building that had not been stabilized was likely. As a result, the City of Richmond, engaged WJE to conduct follow-up inspections of the buildings to assess whether any significant further deterioration had occurred and whether additional stabilization would be needed. This report was completed in 2012 (see Attachment 4).

The proposed scope of work would also expand upon the previously completed work to include the following buildings: 28 cottages (buildings 31 through 54 and 56 through 59), a Winemaster’s House (building 60), and a Fire Station (building 63). The buildings were originally constructed in multiple periods between 1910 and 1919, with some buildings including more recent additions and modifications. The buildings are contributing resources located within the larger Winehaven Historic District. The buildings are typically constructed of wood framed walls and roofs with concrete foundations. The building enclosure of the cottages and Winemaster’s House include stucco and painted wood siding, composite shingle roofing and wood gutters. There may be wood shingles under the stucco.

The Fire Station enclosure is constructed of corrugated metal siding, composite shingle, and low-slope built-up roofing. The Fire Station is currently leased, while the other buildings have been vacant since the Navy’s departure in 1995.

CONCLUSION:

The requested contract and scope of services will assist the City in developing a repair plan for these historic structures to mitigate the further deterioration of these buildings and ensure there is no significant loss of integrity of these historic structures while rehabilitation of these structures can take place.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Sole Source
Attachment 3 – Winehaven National Register Historic District 2010 Emergency Stabilization Assessment
Attachment 4 – Winehaven National Register Historic District 2012 Annual Condition Assessment

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:

Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel
www.wje.com

Atlanta | Austin | Boston | Chicago | Cleveland | Dallas | Denver | Detroit | Doylestown | Honolulu | Houston | Indianapolis London | Los Angeles | Milwaukee | Minneapolis | New Haven | Northbrook (HQ) | New York | Philadelphia | Pittsburgh Portland | Princeton | Raleigh | San Antonio | San Diego | San Francisco | Seattle | South Florida | Washington, DC

February 8, 2023
Mr. Craig K. Murray, SR/WA
Development Project Manager II
City of Richmond
450 Civic Center Plaza
P.O. Box 4046
Richmond, CA 94804-1630
Historic Resource Stabilization – City of Richmond, CA
Point Molate and the Cafeteria at Shipyard Number Three WJE No. 2022.7498

Dear Mr. Murray:

Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to submit this proposal to the City of Richmond (City) to provide architectural and structural consulting services for evaluation and stabilization of the buildings at two sites in the City of Richmond.

Background
Point Molate
The project area at the Point Molate site contains 28 cottages (buildings 31 through 54 and 56 through 59), a Winemaster’s House (building 60), and a Fire Station (building 63). The buildings were originally constructed in multiple periods between 1910 and 1919, with some buildings including more recent additions and modifications. The buildings are contributing resources located within the larger Winehaven Historic District. The buildings are typically constructed of wood framed walls and roofs with concrete foundations. The building enclosure of the cottages and Winemaster’s House include stucco and painted wood siding, composite shingle roofing and wood gutters. There may be wood shingles under the stucco.

The Fire Station enclosure is constructed of corrugated metal siding, composite shingle, and low-slope built-up roofing. The Fire Station is currently leased, while the other buildings have been vacant since the Navy’s departure in 1995. The property has been recently purchased by the Guidiville Rancheria of California; however, we understand the City of Richmond is responsible for maintaining the buildings.

The Cafeteria Building at Shipyard Number Three
The Cafeteria Building was constructed at Richmond Shipyard Number Three in 1943 and is a contributing resource within the Richmond Shipyard Number Three Historic District. Available original construction documents indicate that the building’s use and floor plan were revised multiple times, unlike most of the other buildings at the shipyard. The one-story wood-framed building is clad with painted wood siding and has gravel-surfaced bituminous low-slope roofing.

WJE has previously documented the Cafeteria Building as part of a Historic Structures Report for the overall Richmond Shipyard Number Three. We understand that the City of Richmond is responsible for

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

maintaining the Cafeteria building and has a larger goal of rehabilitating and adaptively reusing the building.

Project Objectives
Except for the Fire Station, the buildings at both sites are vacant and their building enclosure materials are generally deteriorated and are damaged in numerous locations, allowing water and animal intrusion and continued deterioration of historic materials. The overall goals of these two projects are as follow:

Investigation Phase
 Assess the condition of the buildings at the two sites, focusing on their structure and building enclosures.
 Determine what temporary shoring, structural, and enclosure repairs are recommended to mitigate the further deterioration of these buildings for a period of approximately five years (or possibly longer for the Cafeteria).

Design Phase
 Design the recommended repairs and prepare Construction Documents suitable for obtaining construction permits and publicly bidding the projects.

Construction Phase (Not included in this proposal)
 Assist in the selection of contractors and perform Construction Administration during the installation of the repairs to stabilize the buildings and mitigate further deterioration.

The City has requested that WJE include budgets for the investigation phase and preliminary budgets to begin the design phase promptly after completing the investigation while the final design phase scope s and budgets are adjusted to account for the conditions observed during the investigation.

Scope of Services
WJE proposes the following scope of services for the buildings at the two sites. Our scope will focus on the buildings’ primary structural and building enclosure elements. Budgeted allowances are provided in parentheses, where applicable.

Investigation Phase

1. Visit the project sites to investigate and document the condition of the exterior and interior of each building to identify deterioration of the primary structural and enclosure components that appear likely to lead to significant loss of integrity over the next five years. If attic or crawlspace hatches are present, we will make observations within the attic and crawlspace from the hatch openings and any readily accessible areas. (Pt. Molate: team of 2 for 11 days) (Cafeteria: team of 2 for 2 days)

2. Prepare a report for each site (two total) documenting pertinent observations from our site visit, including conceptual-level recommendations for shoring, repair, and short-term protection of up to five years. We will note conditions that may require prioritized intervention; and will present multiple stabilization approaches and discuss their relative advantages and disadvantages, where applicable.

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

We may recommend further investigation of areas that are inaccessible during our site visits or that may require safety upgrades to access.

3. Provide additional consulting services for correspondence or meetings to discuss our observations and recommendations with interested parties identified by the City. (Pt. Molate: 20 hours) (Cafeteria: 10 hours)
Design Phase

1. Perform additional site visits to the project sites to collect detailed documentation and measurements to inform the design of stabilization repairs and preparation of Construction Documents. (Pt. Molate: team of 2 for 3 days)
(Cafeteria: team of 2 for 1 day)

2. Prepare a set of Construction Documents for each project site (two sets total). The Construction Documents will incorporate Division 1 specification sections provided by the City and modified to suit the project by WJE, technical specification sections, and repair drawings. The Construction Documents will be at a sufficient level of detail to obtain construction permits and to publicly bid the work to contractors.

3. Provide additional consulting services for correspondence or meetings to discuss the stabilization design and Construction Documents with the City and other relevant parties. (Pt. Molate: 20 hours) (Cafeteria: 10 hours)
Assumptions and Clarifications
This proposal is based on the following assumptions and clarifications:
 The City will provide all existing information about hazardous materials known or suspected to exist on the site. The City will engage a Certified Industrial Hygienist to test materials and provide specifications for the handling and disposal of materials known or suspected at the site that could be affected by the proposed investigation or stabilization work.  The City will provide all available drawings of the sites and buildings for our use in preparing field sheets for our investigation and for preparing repair drawings. We do not know whether drawings of the Point Molate buildings are available. Our current understanding is that basic drawings of the Cafeteria are available.
 The City will provide access to all of the buildings’ interiors and accessible crawlspaces and attics.  Windows and doors of the vacant structures that have been protected with plywood at the exterior will not be observed from the exterior.
 Our proposed scope of services does not include evaluation of risk from systems other than the structural and building enclosure systems described in our proposed scope of work. Our scope of services does not include evaluation of fire/water service, electrical, site safety, geotechnical hazards, biological hazards, or hazardous materials that are not affected by the proposed stabilization work.

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

 Our proposed scope of services does not include assessment of historic components of the buildings to determine their historic significance. In general, we will assume that all existing elements of the buildings are potentially significant and will be included in the stabilization scope. Where we do identify components that are not historic, they may be treated differently.  Our proposed Design Phase scope includes preparing limited drafted floor plans and elevation drawings—to the extent needed to convey the scope of repair work and to administer the Construction Phase. We intend to utilize annotated photographs, tabular schedules, and unit price quantity allowances where possible to simplify the Construction Documents. Detailed plans and elevations, as would be produced for full building rehabilitations or as part of a HABS survey, are not included in our proposed scope of services.
 The amount of effort that will be required to complete the Design Phase is not fully known at this early stage in the project. The preliminary Design Phase budget proposed below is based on our current limited understanding of the condition of the buildings, and on our experience designing stabilization repairs for similar buildings. After the Investigation Phase is complete, WJE will provide a revised Design Phase budget based on the actual site conditions we observe, if required.  We understand that the City may approve a portion of the proposed Design Phase budget as part of our preliminary budget and will revise this after the Investigation Phase is complete, when we can provide a refined Design Phase budget.
 Once we complete the Design Phase, WJE can provide a proposal with a recommended budget for Bid Phase and Construction Phase services for the two projects, if requested.

Schedule
We anticipate that the Investigation Phase will take approximately three months to complete and that the Design Phase will take between three and five months to complete, depending on the complexity of the documents.

Compensation
WJE proposes to provide the services described above on a time-and-expense basis, billed at our standard hourly rates in effect at the time services are provided. Based on our current understanding of the condition of the buildings and the anticipated amount of stabilization repair, we recommend a preliminary budget of $246,000. We will not exceed the proposed budget without your written approval.

An approximate breakdown of our proposed scope, budget, and our current hourly rates, are provided in the following tables. Fees not expended in one phase will be allocated to subsequent phases.

Phase Point Molate The Cafeteria Total
Investigation Phase $70,000 $24,000 $ 94,000
Design Phase $108,000 $44,000 $152,000
Total: $178,000 $68,000 $246,000

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

Hourly Billing Rates
Principal $350.00
Associate Principal $300.00
Senior Associate $270.00
Associate III $240.00
Associate II $200.00
Our services will be provided in accordance with the attached Terms and Conditions for Professional Services, which are a part of this proposal. If services beyond those described in the scope of services above are requested, they will be performed as additional services, billed on a time and expense basis in addition to our approved budget.

Closing
If this proposal is acceptable, please return a countersigned copy to us as our authorization to proceed or provide a consultant agreement for our review. Should you have any questions or require additional information, we would be happy to discuss this project further at your earliest convenience.

Sincerely,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.

Aaron Weiss
California Licensed Architect: C-35656

Senior Associate

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 YMENT 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:

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EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights 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

General Conditions/EJ/TE 01-19-11 7 of 13

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

General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to 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.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:

CERTIFICATE NUMBER:

COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY
AUTOS

AUTOS ONLY

NON-OWNED

SCHEDULED
OWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER
LIMITS
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBER

TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB
$

EACH OCCURRENCE
$

AGGREGATE
$
OCCUR

CLAIMS-MADE
DED

RETENTION
$
$

PRODUCTS - COMP/OP AGG
$

GENERAL AGGREGATE
$

PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$

EACH OCCURRENCE

DAMAGE TO RENTED
$
PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT
LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/9/2023
Greyling Insurance Brokerage
3780 Mansell Road, Suite370
Alpharetta, GA 30022
847-753-7211 847-291-9371
Nat'l Union Fire Ins Co of Pittsburgh, PA 19445
Travelers Prop Casualty Co of America 25674
New Hampshire Ins. Co. 23841
A 1,000,000GL9566221 4/1/2022 4/1/2023
500,000
✓
25,000
✓
1,000,000
✓Contractual Liability
2,000,000
2,000,000
A CA5721463 4/1/2022 4/1/2023 2,000,000
✓
✓ ✓
✓Comp/Coll $250/$500 ded.

B CUP2T45283622NF 4/1/2022 4/1/2023✓✓
✓
✓ 10,000
C WC015853342 (AOS) 4/1/2022 4/1/2023 ✓
C WC015853341 (CA) 4/1/2022 4/1/2023 1,000,000N
1,000,000
1,000,000
Matias Ormaza
Sam Barbera
[email protected]
✓
✓
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
330 Pfingsten Rd.

Northbrook IL 60062
72950762
✓
✓
✓
✓
City of Richmond
P O Box 4046
2600 Barrett Avenue
Richmond CA 94804
WJE No. 2022.7498 - Point Molate Cottages
Additional Insured: The City of Richmond, its officers, officials, employees, agents and volunteers $5,000,000
$5,000,000
✓
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 1 of 6

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:

CERTIFICATE NUMBER:

COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY
AUTOS

AUTOS ONLY

NON-OWNED

SCHEDULED
OWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER
LIMITS
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBER

TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB
$

EACH OCCURRENCE
$

AGGREGATE
$
OCCUR

CLAIMS-MADE
DED

RETENTION
$
$

PRODUCTS - COMP/OP AGG
$

GENERAL AGGREGATE
$

PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$

EACH OCCURRENCE

DAMAGE TO RENTED
$
PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT
LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/9/2023
Greyling Insurance Brokerage
3780 Mansell Road, Suite370
Alpharetta, GA 30022
847-753-7211 847-291-9371
Matias Ormaza
Sam Barbera
[email protected]
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
330 Pfingsten Rd.

Northbrook IL 60062
72950778
City of Richmond
P O Box 4046
2600 Barrett Avenue
Richmond CA 94804
WJE No. 2022.7498 - Point Molate Cottages
A Professional Liability C30FA8230201 1/1/2023 1/1/2025 (Claims Made)
Beazley America Insurance Company, Inc. 16510
$1,000,000 Per Claim
$1,000,000 Annual Aggregate
72950778 | 23/25 PL Only | Sam Barbera | 2/9/2023 2:08:09 PM (CST) | Page 1 of 1

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Subject to the terms, conditions, limitations and exclusions of the policies evidenced herein: The above are included as Additional Insureds when required by written contract with the Named Insured under the general liability including ongoing operations and products/completed operations and auto liability, but only with respect to services provided by the Named Insured, regarding the referenced project.

Excess/ Umbrella Liability policy follows form.

When agreed in written contract, coverage is provided on a primary and non-contributory basis, subject to the terms and conditions of the policies.

Where required by written contract Waiver of Subrogation is afforded the Additional Insureds under Workers Compensation subject to the terms and conditions of the policy.

Greyling Insurance Brokerage Wiss, Janney, Elstner Associates, Inc Attn: Sam Barbera
330 Pfingsten Rd.

Northbrook IL 60062
25 Certificate of Liability (03/16)

ADDENDUM
HOLDER:

ADDRESS:

City of Richmond
P O Box 4046 2600 Barrett Avenue Richmond CA 94804
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 2 of 6

POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN
PER THE CONTRACT OR AGREEMENT.

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
GL9566221
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 3 of 6

Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits
of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 4 of 6

POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

ANY PERSON OR ORGANIZATION

WHOM YOU BECOME OBLIGATED

TO INCLUDE AS AN ADDITIONAL INSURED

AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.

PER THE CONTRACT OR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
GL9566221
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 5 of 6

2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
04/01/2022
New Hampshire Ins. Co.

WC015853341 (CA)
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 6 of 6

WINEHAVEN NATIONAL REGISTER HISTORIC

DISTRICT, POINT MOLATE
Emergency Stabilization Assessment

Richmond, California

Final Report
July 20, 2010
WJE No. 2010.1285

Prepared for:

City of Richmond Planning Division
450 Civic Center Plaza, 2nd Floor
PO Box 4046
Richmond, California 94804

Prepared by:

Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel | 510.428.0456 fax

TABLE OF CONTENTS

Introduction ................................................................................................................................................... 1 Building 1 .................................................................................................................... ................................. 3 Masonry section ............................................................................................................... ...................... 3 Conditions ........................................................................................................................................ 3 Recommendations ............................................................................................................................ 3 Wood Frame Section .............................................................................................................................. 3 Conditions ........................................................................................................................................ 3 Recommendations ............................................................................................................................ 4 Concrete Section ..................................................................................................................................... 4 Conditions ........................................................................................................................................ 4 Recommendations ............................................................................................................................ 4 Building 6 .................................................................................................................... ................................. 4 North Section .......................................................................................................................................... 4 Conditions ........................................................................................................................................ 4 Recommendations ............................................................................................................................ 5 Center Section ........................................................................................................................................ 5 Conditions ........................................................................................................................................ 5 Recommendations ............................................................................................................................ 5 South Section .......................................................................................................................................... 5 Conditions ........................................................................................................................................ 5 Recommendations ............................................................................................................................ 5 Building 10 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 6 Building 13 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 6 Building 17 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 7 Building 63 ................................................................................................................... ................................ 7 Conditions ........................................................................................................................................ 7 Recommendations ............................................................................................................................ 7 Winemaker’s House ...................................................................................................................................... 7 Conditions ........................................................................................................................................ 7 Recommendations ............................................................................................................................ 7 Stabilization Priority ..................................................................................................................................... 8

APPENDIX 1 PHOTOGRAPHS

APPENDIX 2 PERFORMANCE SPECIFICATION: SHORING
APPENDIX 3 SHORING DIAGRAMS

WINEHAVEN NATIONAL REGISTER HISTORIC DISTRICT

POINT MOLATE
Emergency Stabilization Assessment

INTRODUCTION
The Winehaven Historic District is listed on the Nati onal Register of Historic Places. Thirty-five of the original buildings are still extant, although all have suffered various amounts of deterioration. WJE was asked to investigate the most significant buildings fo r unsafe or dangerous conditions as described by the Richmond Municipal Code, and to develop a concep tual stabilization plan that addresses the most immediate hazards.

WJE did not be perform a full conditions survey, but limited its focus to those conditions that pose an immediate hazard. The investigation consisted of re view of previous conditions reports including the Point Molate-Draft Environmental Impact Statemen t, Appendix E: Historic Buildings Structural Conditions Assessment, and the Point Molate Building 6 Conceptual Assessment; and a field reconnaissance of the listed buildings to identi fy unsafe and dangerous conditions. The following buildings were investigated:

Building 1 Wine Cellar/Storage
Building 6 Wine Cellar/Administration
Building 10 Warehouse
Building 13 Power House
Building 17 Work Shop/Storage
Building 63 Storage/Fire Station
Building 60 Winemaster’s House

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

BUILDING 1
Building 1 was constructed in three distinct sections ; a two story, steel framed building with masonry infill, and concrete floors and roof deck located at the south end; a one-story concrete structure with a heavy timber roof to the north; and a two story, wood frame section that fills the corner between the other two sections at the northeast (Figure 1).

Masonry section
Conditions
The exterior brick masonry is gene rally in good condition, however ther e were a few areas of distress noted. The circular turrets located at the corners of the projected bays at the north and south ends building exhibit some vertical cracking. There is vegetation growing from the top and loopholes in the sides of the turrets at most locations. The terra cotta soffit pa nels are cracked or dislodged in numerous locations (Figure 2). All of the damage is likely the result of corrosion of the internal steel frame. In the brick wall below the turrets, there appears to be a steel colu mn embedded in the brick wall. The steel columns appear to be corroded, causing cracking and spalling of the exterior brick near the corner (Figure 3).

The east side of the masonry section there is a loadi ng dock that extends the full length of the building, terminating at the wood frame section (Figure 4). Th e loading dock is concrete, and the roof over the loading dock is steel framed. The steel roof framing is supported within the exterior brick wall. At one of the supports, the brick is spalling, indicating po ssible corrosion of the connection within the wall (Figure 5). The concrete loading dock has experience d settlement; the worst settlement is about 7 inches at the north end of the concrete loading dock.

On the interior of this portion of the building is al so in generally good condition. The basement of this section has a concrete slab with a raised wood floor. There is a section of the wood floor in the southern section that is decayed. The sump near the stair and el evator is filled with water. At the ceiling of the partial third story there is evidence that the roof h as leaked, causing corrosion of the reinforcing steel in the roof and subsequent spalling of the concrete roof deck, in some cases exposing reinforcing bars (Figure 6).

Recommendations
The only condition that should be immediately addressed is the cracking of the masonry in the turrets at the corners of the building bays. Additional cracking resulting from the continued corrosion of the steel elements could result in the loss of the turrets. We recommend the placement of steel banding at each of the turrets to prevent further displacement.

Wood Frame Section
Conditions
This section of the building is partially two stories. The roof is in very poor condition, and portions of the gutters have pulled away from the building (Figur e 7). A large section of the second floor roof has collapsed (Figure 8). There are sections of the wood joists and wood deck that are only partially supported by the wood trusses (Figure 9). In addition, a portion of the exterior wall has collapsed.

The wood frame section also has a loading dock on th e east side. The roof over this section of loading dock is wood framed. The base for one of the outboar d posts supporting the loading dock roof has failed

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

due to decay, causing the post to drop (Figure 10). Th is has caused the loading dock roof to partially collapse, and to pull away from the building (Figure 11).

No access to the interior of this section was available, but portions of the interior were visible from the exterior where the structure has collapsed.

Recommendations
The unsupported portions of wood frame roof at th e second story and at the loading dock are of immediate concern. We recommend that at the building roof, the wood joists that are partially supported by the roof trusses be removed. At the loading dock, the roof should be removed, or braced and shored.

Concrete Section
Conditions
There is some cracking of the concrete wall at the north end of the building (Figure 12). The roof has failed, and water intrusion is significant in this portion of the building. A large section of the wood framed roof has collapsed, likely due to the water intrusion and the subsequent decay of the wood framing (Figures 13 and 14). There are signs of extensive water intrusion in the remaining portion of the roof, especially at the two area sloped to provide drainage at the west edge. Many of the roof girders and joists are heavily water stained, and there has been crushi ng of the wood corbels at the top of three of the columns in these locations (Figure 15). A number of columns to the north of the collapsed roof are distressed; one column has decayed at the base, and shifted off of its support. (Figure 16), an adjacent column is split at the base, and the concrete pier has eroded (Figure 17), an additional column has shifted off center of the concrete base (Figure 18).

Recommendations
Sections of the roof deck framing that have collap sed, or are only partially supported, should be removed.

The roof frame in the drainage areas should be sh ored, especially at the columns exhibiting crushed beams and corbels. The columns that have shif ted at the base should be re-centered and braced.

See shoring diagram Appendix 3.

BUILDING 6
This building is comprised of three sections, constructe d at different times; a one story concrete structure with a wood truss roof, and which is divided into two sections by a concrete wall that extends through the roof; a second one story section of similar construction, attached to the south of the first; and a two story concrete structure with wood frame floor and roof at the south (Figure 19).

North Section
Conditions
The north end appears to have been the original sec tion of the building, based on the appearance of the parapet walls. It is divided into two sections as noted above. The exterior walls, and the center dividing wall are constructed of reinforced concrete and the roofs are wood framed with a wood ceiling. The concrete is severely deteriorated and spalling and exposing reinforci ng steel at numerous locations. This condition is most severe at the crenulated parapet (Fi gure 20). There are several sections of the roof that have collapsed; the northeast and northwest corner of the north section (Figure 21), and the southeast and

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

southwest corner of the center section (Figures 22). In addition, there are numerous areas where the wood ceiling has collapsed or is severely decayed and is sagging (Figure 23). There was granular insulation between the ceiling and the roof, and the collapse of th e roof has spilled this insulation on the floor. It appears that leaking water through the roof has collected in the insulation, adding significant weight to the ceiling while also causing decay of the ceiling framing.

Recommendations
The roof and ceiling collapse are the immediate concerns . The task is to prevent further collapse and still retain as much of the original fabric as possible. All portions of the roof and ceiling that have collapsed or are only partially supported should be removed. To accomplish this, it will first be necessary to shore the center section of each roof section to provide a place from which to safely operate. After initial shoring of the structure, the portions of the ceiling that have co llapsed, are sagging, or are otherwise only partially supported, should be removed. Add itional shoring should be installed as necessary to proceed safely. If any portions of ceiling remain intact, they should be retained, and the granular insulation should be removed from those areas. Concurrent with rem oval of the ceiling, the collapsed and partially unsupported portions of the roof should be removed, leaving as much of the roof structure as possible.

Center Section
Conditions
The center portion of the building is also constructe d with concrete walls a nd a wood framed roof. The eastern half of this section has an elevated floor. The roof has numerous leaks, but since there is no ceiling in this area, moisture has not been trapped a nd there has been no collap se. It also appears that many of the columns supporting the roof framing have been relocated and the roof girders have been retrofitted with splices to span to the new column locations (Figure 24).

Recommendations
It is recommended that the girders be temporarily shored where the columns have been relocated. See shoring diagram Appendix 3.

South Section
Conditions
The south section of the building is two-stories tall wi th exterior concrete walls and wood floors and roof.

The second floor framing is sloped for drainage and there are wood-framed trough built into the floor for collecting liquid. Many of these troughs have extensive leakage stains below (Figure 25). Portions of the wood roof decking have been replaced, particularly in the areas designed for drainage, indicating previous roof failure, and possible replacement.

Recommendations
There are no recommendations for emergency stabilization of this portion of Building 6.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

BUILDING 10
Conditions
This structure is comprised of three sections built at various times with different structural systems.

The southern section of the building is construc ted of brick walls and a steel-framing supporting a concrete roof. The steel framing is encased in ceme nt plaster. There has been some leaking through the roof, which has led to corrosion of the reinforcing in the roof slab and some concrete spalling (Figure 26).

In addition, one section of plaster encasing a steel beam has fallen, apparently due to corrosion of the steel beam and saturation of the stucco.

The central section of the building is constructed with steel framed roof trusses supported on steel columns. The exterior walls and roof are constructe d of wood studs and roof joists, and the walls are sheathed with corrugated sheet metal. The steel truss at the south e nd of this section has two diagonal members that have been cut and removed (Figure 27). The corrugated metal roof has numerous holes due to significant corrosion (Figure 28).

The north section of the building has wood framed wa lls and roof. The exterior walls and roof are sheathed with corrugated metal panels. At the north end of the west wall, a section of the exterior wall is missing. Along the north wall near the missing section of the west wall, the wood ledger beam supporting the roof joists is decayed and has lost its support (Figure 29).

Recommendations
We recommend that the ledger at the north wall be braced.

BUILDING 13
Conditions
The main portion of the building is constructed with exterior brick walls and a wood-framed roof. There were originally two lines of trusses running east-west, supported by center posts. The northwest portion of the roof has collapsed, including on e of the trusses (Figure 30). The remaining truss along the south edge of the collapsed section is noticeably twisted (Figure 31).

On the north side of the original building, there is an addition constructed of co ncrete perimeter walls, an interior brick wall, and a wood-framed roof. This structure appears to be in fair condition.

Recommendations
We recommend shoring the roof currently supported by the truss adjacent to the collapsed portion of roof.

In addition, the west wall of the building adjacent to the roof collapse should be braced with diagonal struts against out-of-plane failure. It is anticipated that the north wall in the same area will be adequately supported by the addition. See shoring diagram Appendix 3.

BUILDING 17
Conditions
This is a one-story building constr ucted with wood-framed walls and r oof with a concrete floor slab, corrugated metal siding panels a nd a wood sheathed roof (Figure 32). Along the south side of the building, the wood columns supporting the roof bear on a concrete strip footing. Along the north side, the

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

columns are supported on isolated concrete footings. There is evidence of settleme nt of the footing near the center of the north side (Figure 33). One of the co lumns is no longer in contact with this footing, and this portion of the wall is unsupporte d. The concrete floor slab has ex tensive cracking and indications of settlement (Figure 34). The largest crack is parallel to the south wall and is about 1 inch wide.

Recommendations
Although there is significant settlement in the fo undation and slab, there are no immediate hazards created, and we have no recommendations for emergency stabilization of this structure.

BUILDING 63
Conditions
This building was used as the fire station and is mo stly a one-story building with wood-framed walls and roof. The central section of the building has a gabled roof and the roof on either side is flat. There is a second floor in the central section at the east end that was used as the bunkhouse. The northern section has numerous roof leaks. The gypsum board ceiling and walls in the northern section are moldy and the area has a musty smell. Portions of the gypsum board have collapsed and some of the fiberglass insulation appears saturated. There are leaks in the roof of th e southern section of the building and the framing is water stained. Below the roof leaks, there is a raised wood platform that is soaked and decayed.

Recommendations
There are no recommendations for emergency stabiliza tion of Building 63. It would be advisable to remove the saturated gyp board and insulation to prevent further mold and decay of the roof framing.

WINEMAKER’S HOUSE
Conditions
The winemaker’s house is a two-story, wood framed st ructure. The exterior sheathing appears to have been originally sheathed with wood shingles and then stucco was applied over the shingles. There is no evidence of structural deterioration of this building.

Recommendations
There are no recommendations for emergency stabilization of the Winemaker’s House.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

STABILIZATION PRIORITY
All of the conditions noted in this report are iden tified as immediate hazards, and all of the recommended stabilization measures should be implemented in an e xpedited manner. However, availability of funds for addressing the stabilization recommendations may require setting an order of implementation. To assist in the scheduling of work, we have listed the hazardous conditions in order of priority below:

1. Remove collapsed roof and ceiling sections and shore damaged roof and ceiling in north wings of Building 6.

2. Remove collapsed roof and shore damaged portions of roof at concrete wing of Building 1.

3. Shore brick wall and distressed roof section at Building 13.

4. Remove collapsed roof at second floor and loading dock of wood frame wing of Building 1.

5. Shore inadequately supported portions of roof at center wing of Building 6.

6. Band displaced sections of turrets at Building 1.

7. Brace unsupported section of roof at Building 10.

8. Remove the saturated gyp board and insulation from the roof framing at Building 63.

APPENDIX 1

PHOTOGRAPHS

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 1.

Figure 2.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 3.

Figure 4.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 5.

Figure 6.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 7.

Figure 8.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 9.

Figure 10.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 11.

Figure 12.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 13.

Figure 14.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 15.

Figure 16.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 17.

Figure 18.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 19.

Figure 20.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 21.

Figure 22.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 23.

Figure 24.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 25.

Figure 26.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 27.

Figure 28.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 29.

Figure 30.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 31.

Figure 32.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 33.

Figure 34.

APPENDIX 2

PREFORMANCE SPECIFICATION

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-1

PERFORMANCE SPECIFICATION

SHORING

PART 1 GENERAL

1.1 DESCRIPTION
A. The work of this section consists of the design and installation of shoring to stabilize certain areas of the following structures and prevent further deterioration or damage to the historic features. The shoring is intended to remain in place until permanent repairs to the buildings are designed and implemented.

1. Building 1 - several locations of roof and masonry turrets

2. Building 6 - north section and central section roof

3. Building 10 - north end wall

4. Building 13 - main building roof and masonry wall

1.2 SUBMITTALS
A. Before commencing the work of this Section submit the following:

1. Product Data: Submit product data indicating the type of shoring to be used on the Project, and the safe load-carrying capacity for the shoring for the heights and lengths of the shoring components to be used on the Project.

2. Shop Drawings: Submit shop drawings showing the location, distribution, and quantity of shoring to be provided at locations to be shored and the details for attaching the shores to the existing building elements. The shop drawings shall be prepared by a California licensed Professional Engineer or Structural Engineer (the Engineer-of-Record for the shoring), and shall be identified as such by a stamp on the shop drawings.

3. Safety Plan: Submit a safety plan for the work describing the procedures for ensuring safe access to the site. Include sequence information.

B. Field review of installed shoring: Submit letter sealed by the Engineer-of-Record for the shoring indicating that the installation of the shoring is consistent with the approved shop drawings.

1.3 REFERENCES
B. Regulations

1. Occupational Safety and Health Administration (OSHA) 1) Code of Federal Regulations, Title 29, Chapter 17, Department of Labor, Part 1926, “Safety and Health Regulations for Construction, subpart L,” 1997, Washington, D.C.

2. California Occupational Safety and Health Standards (CALOSHA)

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-2

2) California Code of Regulations, Title 8, Section 1717 Subchapter 4. Construction and Safety Orders, Article 29. Erection and Construction, § Falsework and Vertical Shoring.

C. Reference Standards: All standards latest edition as of the date of Contract Award.

1. American Concrete Institute (ACI)
3) ACI 301 - Specifications for Structural Concrete for Buildings 4) ACI 318 - Building Code Requirements for Structural Concrete 5) ACI 347 - Guide to Formwork for Concrete

2. American National Standards Institute (ANSI)
6) “American National Standard for Construction and Demolition Operations - Concrete and Masonry Work Safety Requirement.” ANSI A10.9-1997 (R2004)

3. American Forest & Paper Association (AF&PA)
7) ANSI / AF&PA NDS-2005 “ASD/LRFD National Design Specification for Wood Construction”

4. American Society of Civil Engineers (ASCE)
8) “Design Loads on Structures During Construction” ASCE 37-02

1.4 SYSTEM DESCRIPTION
D. Performance Requirements

1. The existing structural wall and roof framing shall be designed to span between new shoring and existing structural supports to resist the required loads as described below.

2. Shores shall be designed to carry the full weight of the floor system and framing elements on which work is being performed plus the following live loads associated with construction activity:
a. Flat roofs: 20 pounds per square foot
b. Floors: 50 pounds per square foot

3. The shoring for walls and vertical elements designated for shoring shall be designed to resist wind loads:
a. Pressure on the windward projected area: not less than 10 pounds per square foot b. Suction on the leeward projected area: not less than 10 pounds per square foot

4. Cracked masonry turrets at Building 1 shall be wrapped to prevent the existing masonry from becoming dislodged. Minimum capacity of supplemental wrapping shall be 5000 pounds tension per foot of height of the turret.

5. Shoring shall be designed in a manner that it can be installed and removed without damaging the exterior surface of the buildings.

6. Structural capacities of existing elements shall be calculated using the 2007 California Building Code and the following referenced standards:
a.

ANSI / AF&PA NDS-2005 - “ASD/LRFD National Design Specification for Wood Construction”

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-3

b. ACI 318 - Building Code Requirements for Structural Concrete c. ANSI/AISC 360-05 - “Specification for Structural Steel Buildings” E. Shoring shall be provided to temporarily support the structural elements whose support, reinforcing, or cross-section is to be removed, rendered ineffective, or significantly diminished by demolition or existing deterioration.

F. The Contractor shall be responsible for the design of the shoring system, including layout of shoring locations.

G. The shoring system shall be supported to grade unless the floor system or framing elements below are shown to have sufficient capacity to support the reactions from the shoring.

H. Timber cribbing shall be provided where required to distribute shoring reactions into the floor slab or framing elements below, and shims provided as appropriate to eliminate concentrations of load coming into the shoring from the structural element being supported.

I. Shoring shall be in place prior to the removal of adjacent deteriorated elements.

PART 2 PRODUCTS

2.1 MANUFACTURED COMPONENTS
J. Shores shall be steel or aluminum post shores, steel or aluminum frames, or other prefabricated assemblies with an allowable load capacity sufficient to support the calculated shoring loads at the spacing and positioning shown in the shop drawings.

K. Shoring supporting vertical loads shall be adjustable through positive means, such as by adjustable screw jacks, in order to achieve a tight fit against the underside of the supported element and compensate for elastic shortening of the shores during their loading and other effects.

L. Proprietary shoring systems shall include all necessary components for proper installation of the shoring system in accordance with the manufacturer’s recommendations. All such components shall be undamaged.

2.2 ACCESSORIES
M. Bracing shall be sections intended for use with the manufactured assemblies provided, or an approved structural section.

N. Cribbing shall be timber sections with a minimum cross-section of 3-1/2 inch by 3-1/2 inch and sufficient length to distribute shoring reactions into the supporting structural element below.

O. Shims for reducing load concentrations at bearing points.

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July 20, 2010
Page A2-4

PART 3 EXECUTION

3.1 EXAMINATION
A. Prior to any work, perform the following operations:

1. Survey all areas designated for shoring to verify the existing conditions and to identify structurally sound framing to which the shoring can be attached. a. Building 1
1) Collapsed roof at the wood frame portion of the structure at the northeast corner
2) Collapsed roof at the concrete wall with wood framed roof portion at the northwest corner
3) Inadequately supported roof at the wood frame portion of the loading dock on the east side
4) Cracked turrets at the masonry exterior wall
b. Building 6
1) Collapsed roof at the one-story concrete wall with wood framed roof and wood framed ceiling portion at the north end
2) Collapsed roof at the one-story concrete wall with wood framed roof without ceiling at the central portion.
c. Building 10
1) Inadequately supported wood framing at north end wall d. Building 13
1) Collapsed roof framing at main section of the building 2) Unsupported masonry wall along the west side of the building

2. Prepare and submit a shoring plan to the Owner to address:
a. Work sequence and schedule
b. Plumbing, electrical and other services that require relocation, disconnection, or supplemental support.

B. Identify any areas of decay or deterioration that would affect the capacity of the existing structure to resist the loads due to shoring.

3.2 DESIGN
P. Design shoring in accordance with regulations and reference standards.

3.3 INSTALLATION
Q. Proceed with caution. Install shoring in an incremental sequence as necessary, ensuring that an area where work is being performed is adequately stabilized prior to proceeding.

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July 20, 2010
Page A2-5

R. Construct the shoring in accordance with the approved shop drawings at designated locations.

The workmanship shall be of such quality that the shoring will support the imposed loads without excessive settlement or deflection.

S. Proprietary shoring systems shall be assembled using only the components supplied by the system manufacturer. Such systems shall be installed in accordance with the manufacturer’s recommendations.

T. Shores shall be installed snug, plumb, and square. Adjust shores as necessary to ensure a tight fit against the structural element to be supported. Minimize differential leg loading of vertical shoring systems.

U. Shoring shall bear uniformly on the supporting structural element. Provide shims or cribbing as necessary to ensure sufficient distribution of forces into the supporting elements. If more than one layer of cribbing is required, each successive layer shall be laid perpendicular to the preceding layer.

V. Shores shall be effectively cross-braced to prevent buckling failure of individual members and overall shoring stability failure.

W. The installation of the shoring shall be verified in the field by the Engineer-of-Record for the shoring. Any deviations identified by the Engineer shall be corrected by the Contractor.

END OF SECTION

APPENDIX 3

SHORING DIAGRAMS

Roof collapsed
- remove
debris
Shore girders, Typical
shaded areas
Shore girders - Typical
shaded areas
Realign post
Realign post
Building 1 Concrete Section Shoring Diagram
N

WINEHAVEN NATIONAL REGISTER HISTORIC

DISTRICT
2012 Annual Condition Assessment
Point Molate
Richmond, California
Final Report
October 2, 2012
WJE No. 2011.4615
Prepared for:

Mr. Joel Camacho
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Prepared by:

Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel | 510.428.0456 fax
Attachment 4

TABLE OF CONTENTS

Background ................................................................................................................................................... 1 Site Observations .......................................................................................................................................... 1 Building 1 ............................................................................................................................................... 2 Area A - Masonry Section ............................................................................................................... 2 Area B - Concrete Section ............................................................................................................... 6 Area C - Wood Frame Section ......................................................................................................... 7 Building 6 ............................................................................................................................................. 12 Building 10 ........................................................................................................................................... 13 Building 13 ........................................................................................................................................... 14 Building 63 ........................................................................................................................................... 15 Conclusions ................................................................................................................................................. 15

WINEHAVEN NATIONAL REGISTER HISTORIC DISTRICT
2012 Annual Condition Assessment

Point Molate
Richmond, California

BACKGROUND
In July 2010, Wiss, Janney, Elstner Associates, Inc. (WJE) was engaged by the City of Richmond to perform an emergency stabilization assessment of seven buildings at the Winehaven National Historic District. The purpose of that assessment was to identify conditions that pose an immediate hazard of collapse. WJE prepared a report dated July 20, 2010 describing our findings from that investigation.

In 2011, the City of Richmond engag ed Plant Construction to perform emergency stabilization based on the recommendations described in the July 2010 WJE report. WJE was engaged by Plant Construction to provide engineering services to design the stabilization. This work was completed circa August 2011.

Since the emergency stabilization work was limited to those conditions that were observed to be hazardous at the time of the previous site observations , and since the stabilization work was not intended to include protection of the building fro m weather, further deterioration of portions of the building that had not been stabilized was considered to be likely. As a result, the City of Richmond, engaged WJE to conduct follow-up inspections of the buildings to assess whether any significant furthe r deterioration had occurred and whether additional stabilization would be needed. The buildings included in the follow -up inspection are:

 Building 1: Wine Cellar/Storage
 Building 6: Wine Cellar/Administration
 Building 10: Warehouse
 Building 13: Power House
 Building 63: Storage/Fire Station

Descriptions of each of the buildings are included in the July 20, 2012 report. Descriptions of the emergency stabilization work are shown on the Emergency Stabilization drawings dated July 28, 2011.

SITE OBSERVATIONS
Alan Dreyfuss and Brian Kehoe of WJE visited the site on July 25, 2012 to observe the conditions at the five buildings listed above. Our findings are based on visible observations of accessible areas of each building.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 1
The original portion of Building 1 is comprised of reinforced concrete floors supported on structural steel beams and columns with nonstructural exterior brick masonry walls. The northeast and northwest sections are constructed with wood framing. The foundations for all of the sections are constructed with reinforced concrete. Minor spalling of the concrete foundation was noted in several locations.

Area A - Masonry Section
At the southeast corner of the building there is a vertical crack in the brick wall that appears to correlate with an embedded steel column. This crack was previously observed, but the crack may have widened and the out -of-plane offset of the brick across the crack may also have increased. Figures 1 and 2 show the condition of this corne r in 2010 and in July 2012, respectively. The cracking is limited and is most severe at the ground floor level. Continued deterioration does not pose a serious hazard to the structural integrity of the building since gravity loads are supported by the steel column inside of the wall, nor to the limited number of anticipated visitors.

Figure 1. Cracked brick at southeast corner of
Building 1 as observed on March 31, 2010

Figure 2. Cracked brick at southeast corner of
Building 1 as observed on July 25, 2012

The five turrets at the building roof parapet wall were encased in steel bands during the stabilization effort to restrict further cracking and displacement of the brick, and prevent possible c ollapse. The cracking of the turrets above the roof level do not appear to have changed noticeably. Photographs taken in July of 2011 immediately after the stabilization was completed appear similar to our recent observations. At many of the steel bands surrounding the turrets, there are gaps between the brick and the bands, indicating

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

that the brick has not expanded to fill the gaps. Figures 3 through 6 show comparisons of the condition of two of the more significantly damaged turrets from July 2011 to July 2012.

Figure 3. Condition of Building 1 turret at west wall
on July 20, 2011
Figure 4. Condition of Building 1 turret at
west wall on July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 5. Condition of Building 1 turret at SE
corner on July 20, 2011

Figure 6. Condition of Building 1 turret at SE
corner on July 25, 2012

Along the east side of the building, horizontal cracks near the top of the parapet wall were obs erved.

Cracking of the cement parge coat on the top of the parapet was observed and some of the parge coat was dislodged, as shown in Figure 7. Horizontal cracking of the parapet wall due to the expansion of corroded reinforcing steel, as shown in Figure 8, was noted along the entire length of parapet on the east side of the one-story section. The failure of the parge coat and the displacement of the brick are allowing for continued moisture intrusion into the wall, which will continue to cause corrosion of the imbedded steel.

Failure of the parapet wall is possible as the corrosion increases. The roof over the loading dock provides some protection to visitors.

At the penthouse section on the east side, the bricks at one of the crenellations had dislodged and had fallen onto the roof over the loading dock, as shown in Figure 9. These conditions were not previously noted. Corrosion of embedded reinforcing steel has also caused damage to the brick at the southeast corner of the penthouse wall, as shown in Fig ure 10. These conditions were not noted in the original report as they do not represent imminent collapse hazards, however, as this condition progresses, a loss of brick at these locations becomes more likely within the next few years.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 7. Cracked cement parge on east side Building 1 parapet

Figure 8. Cracked brick parapet on east side of Building 1

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 9. Dislodged brick and cement parge on east side at the top of parapet of Building 1 penthouse

Figure 10. Cracked brick at southeast corner of Building 1 penthouse

Area B - Concrete Section
The timber shoring supporting the wood roof in this section does not appear to have changed since the shoring was installed. There is no new observable distress in the remainder of the existing roof. Photos of the condition of the roof framing in July 2012 are shown in Figure 11 and 12.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 11. Roof framing and new shoring at the northwest section of Building 1

Figure 12. Roof framing and new shoring at the northwest section of Building 1

Area C - Wood Frame Section
Several changes to the wood framing at the northeast section were observed. At the wood-framed loading dock, some of the wood sheathing at the floor level has become dislodged, as shown in Figure 13. Similar dislodging of the rim joists has occurred north of the loading dock, as shown in Figure 14.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 13. Dislodged wood boards below the loading dock on the east side of Building 1

Figure 14. Dislodged wood rim joist on the east side of Building 1

The beam at the south end of the loading dock is severely decayed and has lost support at one end. Some of the deck boards have broken and are now missing , but the condition of the beam is unchanged from February 2011 to July 2012, as shown in Figures 15 and 16.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 15. Condition of wood girder at the loading
dock on the east side of Building 1on February 21,
2011

Figure 16. Condition of wood girder at the loading
dock on the east side of Building 1 on July 25, 2012
In the basement of this section of the building, decay at several columns was noted in our supplemental survey undertaken on February 21, 2011, prior to the stabilization effort. Stabilization of one of these columns was completed as part of the emergency st abilization work performed in 2011 , however, deterioration at two of the columns was not addressed . At the fourth column from the south end of Area C, it was noted that there was significant decay of the column and the girder framing into the column. The condition of the girder and the column do not appear to have changed significantly since February 2011, although there has been some new damage to the floor sheathing adjacent to the wall near this column.

See Figures 17 and 18.

Figure 17. Condition of wood girder and column
on February 21, 2011

Figure 18. Condition of wood girder and column
on July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

In addition, during the same survey in February 2011, a crushed girder was noted at the sixth column line from the north end but was not considered and imminent hazard at that time. This column has deteriorated further, and the column above has decayed through, causing the wall above to deform and sag noticeably.

See Figures 19 and 20 for the condition of the column below the floor and Figure 21 for the condition of the column immediately above the floor.

Figure 19. Condition of wood girder and column
on February 12, 2011

Figure 20. Condition of wood girder and column
on July 25, 2012

Figure 21.Wood column decayed completely above the floor level

The column noted above is a component of the wood framed wall at the north end of Area C where the roof has been removed (see arrow Figure 22). T he exterior wall at this location is sheathed with corrugated metal siding and has been diagonally braced with wood shoring. Some of the metal siding has become dislodged and one of the wood columns on the west side is damaged near the top. See Figures 22

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

and 23. The column indicated by the arrow in Figures 22 and 23 is the lower portion of the column shown in Figures 19 through 21.

Figure 22. Condition of wall and metal siding at the
west side of the northeast portion of Building 1 on
June 15, 2011
Figure 23. Condition of wall and metal siding at
the west side of the northeast portion of Building 1
on July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 6
In the north section of Building 6, the majority of the roof framing and the new shoring appears to be unchanged since July 2011. There are two adjacent roof joists that had previously been noted to be decayed near the mid -span of the joists. Although the decay of the joists appears to have become more severe, as shown in Figures 24 and 25, these two joists were not previously strengthened because the roof sheathing could span between the adjacent undamaged joists to support the self -weight of the sheathing.

The condition of the adjacent joists and the sheathing do not appear to have changed significantly so the ability of the sheathing to support its self-weight has not been affected.

Figure 24. Condition of wood roof joists in
Building 6 on July 22, 2011

Figure 25. Condition of wood roof joists in
Building 6 on July 25, 2012. Additional joist
damage indicated by arrow.

At the south end of the middle section of Building 6, one of the north -south spanning girders appears to be decayed where the girder penetrates into the concrete wall, as shown in Figure 2 6. This condition was not previously noted. The girder does not appear to be sufficiently damaged to require intervention at this point. We recommend continued monitoring of the girder in future reports.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 26. Arrow indicates location of decayed wood girder at the concrete wall, south end of the middle section of Building 6

Building 10
The emergency stabilization work for this building was limited to shoring at the northwest corner of the building. The shoring work that was done appears to be functioning adequately , as shown in Figure 2 7.

There were no significant hazards observed in the remainder of the main section of the warehouse.

Figure 27. Condition of shoring work at the northwest corner of Building 10

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 13
The diagonal steel shoring for the masonry walls appears functional with no indications of distress. See Figure 28.

Figure 28. Condition of diagonal steel braces supporting brick masonry wall at the west side of Building 13

The wood shoring for the damaged timber girders also appears to be adequately supporting the girders.

The conditions of the shored girders do not appear to be noticeably changed , as shown in Figures 29 and

30. There are two roof joists that were previously observed to be damaged and were not shored. The damage to these joists does not appear to have changed noticeably.

Figure 29. Damaged roof joists at Building 13 on
May 31, 2011
Figure 30. Damaged roof joists at Building 13 on
July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 63
We observed the condition of the north section of the building in which the gypsum board sheathing had been removed as part of the stabilization work and where two sets of wood shoring had been installed.

The wood shoring and the roof framing did not appear to have ch anged substantially. See Figures 31 and

32. The 2x4 shoring studs seemed to have no additional gravity loading on the studs that would indicate failure of the roof framing above.

Figure 31. Condition of roof joists at the north side
of Building 63 on July 20, 2011
Figure 32. Condition of roof joists at the north
side of Building 63 on July 25, 2012

CONCLUSIONS
WJE conducted a survey of the condition of six of the buildings at the Winehaven National Register Historic District to assess whether there have been any significant changes to the structures since the installation of temporary emergency stabilization work that was installed in the summer of 2011. Our site observations focused primarily on the areas where the previous emergency stabilization work had been installed. In general, the conditions of each of the buildings appear to have little or no significant changes that would affect the global stability of significant structural elements. Some m inor changes were identified, as noted above. We recommend that the conditions of the buildings, particularly the issues noted above, be monitored on a regular basis until comprehensive structural and weather protective repairs to the buildings can be impl emented. Weather protection includes installation of replacement roof framing where the existing roof framing has collapsed or has been removed.

In one area of the wood frame portion of Building 1, the condition of the building has changed to the point that intervention is recommended. Where noted in the report, the sheet metal siding on the west side of Area C at the northeast corner of Building 1 has dislodged due to wind , and much of the remaining siding is loosely held in place. Additional pieces of sh eet metal are likely to become dislodged in the future unless remedial measures are implemented. This is the same area where the column has failed at the base, and can no longer provide support for wind loads on the sheet metal wall , and the deformation of the wall may be contributing to the problem. Further damage can be mitigated by removal of the sheet metal and storing the removed pieces on site.

It is recommended that the column be repaired using a method similar to that employed during the stabilization for another column at this level (detail 6/S501 Emergency Stabilization plans,

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

March 25, 2011). Possible approaches to mitigation of the conditio n of the sheet metal are either to remove the sheet metal siding or to supplement the connectors and framing that support the sheet metal.

Supplementing the framing and connectors may require additional framing, as well as anchorage for the framing, so that the wall can resist wind forces.

March 7, 2023

Public Works

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE – Director of Public Works
Robert Armijo, PE - Deputy Director of Public Works
Director

Subject:

Hold a public hearing to consider approval of an
Encroachment Agreement Application for a private
landowner encroachment into the unimproved public
right-of-way at 8 Western Drive.

FINANCIAL IMPACT: This item does not impact the City’s General Fund. The applicant has paid the processing fee(s) for this request and will also remit all costs associated with entering into an Encroachment Agreement and performing
improvements, should City Council approve this request.

PREVIOUS COUNCIL
ACTION:

This matter was continued from meeting(s) on February
7, 2023, February 21, 2023, and February 28, 2023.

STATEMENT OF THE
ISSUE:

On June 28, 2022, the City Council passed an
Encroachment Ordinance (Ord. 09-22 N.S.), which
codified the process by which landowners could build
private improvements that encroached into the public
right-of-way (ROW). The owners of 8 Western Drive
purchased the home whose front fence encroached in
the public ROW subject to an improperly issued
encroachment agreement which was revoked. Owners
were required to remove the encroachment or apply for
an Encroachment Agreement to ensure compliance with
City’s new ordinance.

AGENDA
REPORT

March 7, 2023
RECOMMENDED ACTION: ADOPT a resolution to approve an Encroachment Agreement Application for private landowner fence
encroachment into the unimproved public right-of-way at 8 Western Drive; and DIRECT City staff to enter into an Encroachment Agreement regarding same to be
recorded on the landowner’s property title – Public Works Department (Daniel Chavarria/Robert Armijo 510-620-
5477).

DISCUSSION:

A. Backstory/History

8 Western Drive’s property owners submitted an application for an Encroachment Agreement to the City to address an existing, six (6)-foot fence built within the public right-of-way (“ROW”) and paralleling the front of the residence. For a private structure to exist within the public ROW, property owner(s) Anna and James Ortiz (collectively, the “Applicants”) must have an Encroachment Agreement with the City. Thus, on or about July 6, 2022, Applicants submitted an Encroachment Agreement Application. At the request of City staff, Applicants revised the Application, and City staff received those revisions on February 9, 2023.

Applicants purchased the property on or around August 1, 2021. Prior to their ownership, 8 Western’s former property owners, Chloe Aftel and Benjamin Zicherman (collectively, the “Prior Owners”), elected to build the aforementioned fence. On or about December 21, 2017, the City issued Prior Owners a fence permit; circa January 2018, the fence was erected. Subsequently, the City discovered that the permit, and a later- issued Encroachment Agreement, were issued in error as described below.

After the fence had been completed, the City discovered it was built, in part, in the public ROW and sought to legalize the situation by issuing an encroachment agreement. Following an investigation, the City determined that the Prior Owners should apply for an encroachment agreement. Thereafter, on or around July 12, 2021, the Prior Owners applied for, and obtained, an encroachment agreement. Then, as noted above, on or around August 1, 2021, Applicants purchased the property.

Prior to February 7, 2022, the City discovered defects in the July 12, 2021 application, namely, that the City based its review on the assumption that the fence was along a side yard when, in fact, the fence paralleled the front entry. Because the fence was in the front yard, the initial application for the permit should have provided notice to neighbors and approval from the City Zoning Administrator in accordance with Richmond Municipal Code (“RMC”) 15.04.601.060. The City entered into the Encroachment Agreement partly in reliance on staff’s analysis, which was based on materials in the initial permit application; however, the Encroachment Agreement did not capture all encroachments.

March 7, 2023
Moreover, various neighbors brought suit (Katz, et al.), claiming that the encroaching fence was illegal for various reasons, but they withdrew the action through agreement with the City Attorney when the City determined to (i) develop a new Encroachment Ordinance; and (ii) revoke the improperly issued approvals.

Thus, the City issued a letter on February 7, 2022, which indicated defects in the aforementioned approval. The letter made clear that, if City approval had been mistakenly or illegally issued, a public official could not void the public’s rights, and thus the prior application would afford no rights. Because of this letter, the July 12, 2021 approval was terminated, effective May 8, 2022. The May 2022 date was intended to provide Applicants with a grace period to apply for an Encroachment Agreement pursuant to a newly proposed ordinance to address such applications. Subsequently, the City issued a letter dated May 2, 2022, extending the termination date of May 8, 2022 to July 7, 2022, to allow Applicants more time to apply for an encroachment permit under the newly passed Ordinance.

B. New Ordinance

On June 28, 2022, the City Council passed and adopted Ordinance No. 09-22 N.S. (“Ordinance”), which amended the RMC to address public ROW encroachments.

Specifically, the Ordinance amended Article XII - Public Works, Chapter 12.30 - Encroachments and Easements in the Public Rights-of-Way, Part 3 - Private Landowner Encroachment(s) Into Unimproved Portions of Public ROW (i.e., Section

12.30.170, et seq.). The amendments incorporated provisions to codify the City’s long- standing practice of allowing private landowner encroachments into the public ROW, subject to certain conditions.

RMC Chapter 12.30.180 requires private landowners to submit an Encroachment Agreement Application (“Application”) to the Engineering Division of the Public Works Department for encroachments placed within in the public ROW. RMC Chapter

12.30.200, et seq. grants City Council authority to approve such applications based on the City Engineer’s Findings. The effect of an approval then authorizes City staff to enter into an Encroachment Agreement between City and the property owner(s). This Encroachment Agreement, once finalized, is recorded on property’s title and binds the owner(s) and any successive owners in perpetuity.

C. Findings

As stated above, Applicants have applied for approval of a new fence paralleling the roadway at 8 Western Drive which is located in the public ROW. Given the location within the public ROW, Applicants submitted an Encroachment Agreement Application to the City Engineer. Applicants revised their submission, based on staff comments, and resubmitted their application on February 9, 2023. The City Engineer has reviewed the application and recommends the following findings for City Council pursuant to RMC 12.30.190(a)(1)(A-G):

(A) Complete application contains all necessary, supporting information.

March 7, 2023
On July 6, 2022, James and Anna Ortiz (collectively, the “Applicant”) submitted an application for an Encroachment Agreement, including supporting information. (B) The encroachment does not conflict with adopted street improvements or similar plans, or any in development or that can be anticipated.

The City has no adopted street improvement or similar plans for Western Drive. The encroachment does not conflict with any anticipated development. (C) The encroachment does not pose a public health or safety hazard as determined by City Engineer.

Western Drive is a narrow, two (2)-lane street with steep slopes on either side of the roadway. The encroachment does not block vehicle travel or impede sight distance.

Due to the slope and existing vegetation found along Western Drive, pedestrian access within the encroachment area is difficult. Due to the proximity of the fence to the intersection of S. Garrard Blvd and Western Drive, the Applicant should be conditioned to provide reflective materials on the fence and to provide an object marker to the satisfaction of the City Engineer. Thus, the encroachment does not pose a public health or safety hazard.
(D) The encroachment does not substantially obscure the main property frontage.

The encroachment is a fence that is six (6) feet tall; gravel driveway; stairs to access the house; waste/ recycling storage; and two (2)-foot tall retaining walls. The existing residence is located higher than the street and close to the property line. The stairs are required to access the house from Western Drive. As the residence is higher than the fence, this encroachment does not obscure the main property frontage. (E) The encroachment does not adversely impact or affect adjacent properties; and/or result in facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.

There are no residences across the street. Due to the topography and configuration of the residence on the existing parcel, the encroachment is necessary to provide reasonable access.
(F) The encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area's reasonable use as determined by the City Engineer. The proposed fence is set back 3-ft (or more) from the edge of pavement.

The encroachment varies from slightly less than four (4) to six (6) feet from the edge of pavement. RMC 12.30.190(a)(2)(J)(i) requires that a four (4)-foot area of space be allocated for a sidewalk. The Applicant should be conditioned to provide a four (4)-foot sidewalk with a protective curb to the satisfaction of the City Engineer. This may require a partial reconstruction of the fence.

March 7, 2023
D. Notice of Application
Pursuant to RMC 12.30.180(a)(8), the Engineering Division sent a Notice of Encroachment Agreement Application to properties within 300 feet of 8 Western.

Pursuant to RMC 12.30.200(d), the City Clerk’s Office sent a Public Hearing notice by U.S. Mail to neighbors within 300 feet of 8 Western on January 25, 2023. The notice was also published in West County Times on January 27, 2023. The City Clerk’s Office noticed the public hearing for February 7, 2023, which was continued to February 21, 2023, and later continued to March 7, 2023. A courtesy notice of the Public Hearing’s continuation was sent to neighbors on February 10, 2023, and a separate courtesy notice of the second continuation was sent on February 17, 2023. Additionally, pursuant to 12.300.200(b), a copy of the Encroachment Agreement Application was made available for review in the City Clerk’s Office on February 17, 2023.

ENVIRONMENTAL REVIEW:

Section 21084 of the California Public Resources Code specifically requires that CEQA Guidelines include a list of project classes or categories determined not to have a significant environmental effect, thus making said categories exempt from CEQA provision(s). CEQA Guidelines, section(s) 15301 through 15333, list exempt specific project categories, including relevant criteria necessary for a project to meet an exemption. CEQA Guidelines Section 15300.2 includes a list of exceptions precluding categorical-exemption use; here, the proposed project does not trigger any exception that would require an exemption override. The current Application meets the requirements for a categorical exemption pursuant to Section 15303(e), “New Construction or Conversion of Small Structures,” where subsection (e) addresses accessory/appurtenant structures, which specifically includes fence(s).

DOCUMENTS ATTACHED:

Attachment 1 – Resolution for 8 Western Drive
Attachment 2 – 8 Western Drive Encroachment Agreement Application

RESOLUTION NO. __23

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

AUTHORIZING THE APPROVAL OF AN APPLICATION FOR AN
ENCROACHMENT AGREEMENT FOR 8 WESTERN DRIVE, THE SUBJECT OF A PRIVATE LANDOWNER ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY;

AND AUTHORIZING CITY STAFF TO ENTER INTO AN ENCROACHMENT

AGREEMENT BETWEEN THE CITY AND TITLE OF RECORD PROPERTY

HOLDERS AT SAID ADDRESS
WHEREAS, the City Council passed and adopted Ordinance No. 09 -22 N.S. (the “Ordinance”) on June 28, 2022 , amend ing Richmond Municipal Code (“RMC”) to address public right-of-way (“ROW”) encroachments, generally; and

WHEREAS, the Ordinance amended Article XII (“Public Works”), Chapter 12.30 (“Encroachments and Easements in the Public Rights-of-Way,”) Part 3 (“Private Landowner Encroachment(s) Into Unimproved Portions of Public ROW”), Section 12.30.170, et seq., incorporating provisions to codify the City’s long-standing practice of allowing private landowner encroachments into the public ROW subject to certain conditions; and

WHEREAS, RMC Chapter 12.30.180 requires private landowners (“Owner(s)”) to submit an Encroachment Agreement application to Engineering Division of the Public Works Department (“PW-Engineering”) for encroachments placed within in the public ROW; an d

WHEREAS, RMC Chapter 12.30.200, et seq. grants City Council authority to approve such applications. The effect of an approval then authorizes the City staff to enter into an Encroachment Agreement between City and Owner (s). Said Encroachment Agreement, once finalized, is recorded on property title and binds successive owners in perpetuity; and

WHEREAS, Owner(s) have applied for approval to install a fence parallel to the roadway at 8 Western Drive (“Subject Property”), whi ch will be located within the public ROW. Given the location within the public ROW, Owner(s) submitted an Encroachment Agreement Application to PW-Engineering; and

WHEREAS, The City Engineer has made the requisite affirmative findings in accordance with RMC 12.30.190(a)(1)(A-G); and

WHEREAS, pursuant to RMC 12.30.180(a)(8), PW-Engineering sent a Notice of Encroachment Agreement Application to properties within 300 feet of Subject Property.

Thereafter, pursuant to RMC 12.30.200(d), the City Clerk’s Office noticed a public hearing for February 7, 2023, which was later continued to February 21, 2023, and then continued a second time to March 7, 2023, at which time the City Council took public comment. Pursuant to RMC 12.30.200(d), the Clerk’s Office sent a Public Hearing notice by U.S. Mail to neighbors within 300 feet of Subject Property on January 25, 2023. The notice was also published in West County Times on January 27, 2023. A courtesy notice of the Public Hearing’s continuation was sent to neighbors on February 10, 2023; a second courtesy notice of the subsequent continuation was sent to neighbors on February 17, 2023. Pursuant to

12.300.200(b), a copy of the Encroachment Agreement Application was made available for review in the City Clerk’s Office on February 17, 2023.

THEREFORE, LET IT BE RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1. The City Council finds and determines to be in full force and effect the Recitals above and hereby incorporates them fully herein.

SECTION 2. The City Council finds and determines for the reasons stated in the recitals, the adoption of this Resolution is exempt from CEQA under Section 15303(e) of the State CEQA Guidelines.

SECTION 3. Encroachment Agreement Application for 8 Western Drive The City Council has made the following determinations based on the City Engineer’s findings pursuant to RMC Sections 12.30.200(f) and 12.30.190(a)(1)(A-F):
(1) Findings.
(A) Complete application contains all necessary, supporting information.

On July 6, 2022, James and Anna Ortiz (collectively, the “Applicant”) submitted an application for an Encroachment Agreement, including supporting information.

(B) The encroachment does not conflict with adopted street improvements or similar plans, or any in development or that can be anticipated.

The City has no adopted street improvement or similar plans for Western Drive. The encroachment does not conflict with any anticipated development.

(C) The encroachment does not pose a public health or safety hazard as determined by City Engineer.

Western Drive is a narrow, two (2)-lane street with steep slopes on either side of the roadway. The encroachment does not block vehicle travel or impede sight distance. Due to the slope and existing vegetation found along Western Drive, pedestrian access within the encroachment area is difficult. Due to the proximity of the fence to the intersection of S. Garrard Blvd and Western Drive, the Applicant should be conditioned to provide reflective materials on the fence and to provide an object marker to the satisfaction of the City Engineer. Thus, the encroachment does not pose a public health or safety hazard.

(D) The encroachment does not substantially obscure the main property frontage.

The encroachment is a fence that is six (6) feet tall; gravel driveway; stairs to access the house; waste/ recycling storage; and two (2)-foot tall retaining walls. The existing residence is located higher than the street and close to the property line. The stairs are

required to access the house from Western Drive. As the residence is higher than the fence, this encroachment does not obscure the main property frontage.

(E) The encroachment does not adversely impact or affect adjacent properties; and/or result in facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.

There are no residences across the street. Due to the topography and configuration of the residence on the existing parcel, the encroachment is necessary to provide reasonable access.

(F) The encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area's reasonable use. A standard setback should be no fewer than three feet, subject to City Engineer's determination that the area's conditions or environment allows otherwise.

The encroachment varies from slightly less than four (4) to six (6) feet from the edge of pavement. RMC 12.30.190(a)(2)(J)(i) requires that a four (4)-foot area of space be allocated for a sidewalk. The Applicant should be conditioned to provide a four (4)-foot sidewalk with a protective curb to the satisfaction of the City Engineer. This may require a partial reconstruction of the fence.

BE IT FURTHER RESOLVED THAT all the required findings have been met, and the Council determines this Encroachment Agreement Application for 8 Western Drive in Richmond, California is 1) approved; and 2) City staff is authorized to enter into an Encroachment Agreement with Applicant.

BE IT ALSO RESOLVED THAT this Resolution takes effect immediately upon its adoption.

SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that is would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

-----------------------------------

I hereby certify that the foregoing Resolution of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held March 7, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:

___________PAMELA CHRISTIAN___________

CLERK OF THE CITY OF RICHMOND

Approved:

Mayor

Approved as to form:

City Attorney

1 Job No. 2521
February 9, 2023
Mr. Robert Armijo, PE
Deputy Public Works Director, City Engineer
450 Civic Center Plaza
Richmond, CA 94804
Re: Ortiz Residence and Property at 8 Western Drive (APN 558-012-010), Richmond, California Richmond Municipal Code Section 12.30.170; 12.30.180
Application for Private Landowner Encroachment Agreement Existing Fence & Improvement along and within Western Drive Dear Mr. Armijo.

Our firm has been working with James and Anna Ortiz (“Ortiz Family”) with regard to their residence at 8 Western Drive (Ortiz Property), in the City of Richmond, California (“City”). The Ortiz Family also been working with a land use and permitting attorney, Allan Moore of Law Office of Allan Moore, APC.

On behalf of the Ortiz Family, we assisted with the submittal of an application for an Encroachment Agreement (“Application”), dated July 6, 2022. This Application was submitted pursuant to the recently enacted Richmond Municipal Code (RMC) Section 12.30.170, et seq. (New Encroachment Agreement Ordinance.”)
Our office is responding to your email of February 6, 2023, requesting additional information in support of the previously submitted Encroachment Permit application.

The following is provided as background information:

James and Anna Ortiz purchased this property in August of 2021. The subject fencing and improvements were already in place, having been installed by the prior property owner. One of the primary reasons that the Ortiz family purchased this property was the security provided by the subject fencing. The Ortiz residence fronts on Western Drive and is situated immediately across the street from the East Bay Regional Park District Miller/Knox Regional Shoreline Keller Beach Facility. The fencing provides security and prevents the undesirable gathering of uninvited guests and the associated undesirable debris that accompanies such activities. Fencing provides the added benefit as it prevents undesirable, illegal dumping which has become an ongoing problem for properties with large frontages on public roadways in rural areas with low traffic volumes, especially at night. It should be noted that the

2 neighboring property, apn 558-012-009, owners Richard Katz and Clair Brown, share the same exposure as the Ortiz property.

I. Background
While this is an Application for an Encroachment Permit, as the City is aware, the subject of this Application is the existing six-foot fence (“Fence”) along its property frontage on Western Drive. That Fence was constructed in January 2018 by the sellers of the Ortiz Property (Chloe Aftel and Benjamin Zicherman, or “Sellers’). The Fence was constructed pursuant to a fence permit issued by the City December 21, 2017.

Three years later, in the fall of 2020, a neighbor complained to the City about the location of the Fence. Pursuant to City request, the Sellers applied for and obtained an encroachment agreement from the City, entered into on July 12, 2021 (“Encroachment Agreement”). The City fully approved the Encroachment Permit, based on standard procedures it had used for years.

It is noted that on July 30, 2021, the City confirmed by email that: (i) based upon review of the vertical and horizontal geometry of the street (i.e., the clear line of sight from the intersection of Western Drive/Dornan Drive), as well as pedestrian safety, the City had properly granted the Encroachment Permit.

Thereafter, on or about August 1, 2021, the Property, together with the constructed Fence, the approved fence permit, and the approved 2021 Encroachment Agreement, was sold to the Ortiz Family.

By letter dated February 7, 2022 to the Ortiz Family, the City stated that City Staff has “recently” become aware that: (i) the initial application for the permit should have provided notice to neighbors and approval from the City Zoning Administrator in accordance with RMC 15.04.601.060; (ii) City review procedures for the initial permit were not followed; and (ii) The City entered into the Encroachment Agreement in reliance on staff’s analysis of the permit application. The City’s letter further states that if a permit is “mistakenly or illegally issued by the City, no rights are given thereby.” The City’s February 7, 2022, letter further stated that, for the above reasons, the City therefore “terminates” the 2021 Encroachment Agreement, effective on May 8, 2022. The City’s reason for the May 8 deadline was that this would allow time for the City to adopt its New Encroachment Agreement Ordinance,” and would further give the Ortiz Family time after such adoption to apply for an Encroachment Agreement under such new ordinance.

The City Council thereafter delayed in adopting the New Encroachment Agreement, finally adopting the Agreement in June 2022. By letter dated May 2, 2022, the City therefor extended the termination date of May 8, 2022, to July 7, 2022, giving the Ortiz Family time to apply for an encroachment permit under the New Encroachment Agreement Ordinance.

The following reflects the work complete to date to comply with the New Encroachment Ordinance:

3 II. Requirements of RMC 12.20.180

1. Letter to City Engineer
Section 12.30.180(a) requires a letter to the City Engineer requesting the Encroachment agreement. Our prior letter of July 7, 2022 accompanied by the completed Application form complied with this Ordinance section. This letter is in support of the prior application and will provide additional documentation as requested in your February 6th email.

2. 12.30.189(a)(1): Name and Address of the Applicant The Ortiz Family is the Property owner. The Applicant is Milani & Associates, with address notes as follows:

Attn: Mr. Michael Milani
Milani & Associates
2655 Stanwell Dr. #105
Concord, CA 94520
(925) 465-2033/[email protected]

3. 12.30.180(a)(2): Name of contractor for proposed work See the Background under Section I, above. Given the Fence is already fully constructed, under the direction and ownership of the prior property owner, this item is deemed not applicable.

4. 12.30.180(a)(3) Location, purpose, and extent of proposed work Please see the “Summary of Improvements Encroaching on Western Drive,” prepared by land surveyors/civil enginee1rs Kister, Savio & Rei, Inc. (KSR), dated 6/3/2021, attached hereto as “Exhibit A.” The KSR exhibit reflects the following existing improvements constructed by the prior property owner within the Western Drive Public Street right-of-way. The purpose of the Encroachment Permit Application is to retain and continue to use the existing improvements detailed below:

1. Six-foot wood fencing and sliding gate.

2. Concrete drive apron with connection to the existing edge of pavement of Western Drive.

3. Gravel staging area.

4. Three (3) tiered wood wall.

5. Access stairs to the upper residence

6. Storage area for garbage and recycling receptacles
Please note that items 3 through 5 have been present on the site for decades.

4 The house fronts on Western Drive. The following photos reflect the current improvements that are the subject to the Encroachment Permit application.

Figure 1: oblique shot reflecting full site improvements within Western Drive.

5 Figure 2: site photo looking directly are Ortiz residence from Western Drive. The improvements subject to the encroachment permit request are in the foreground of the photo.

5. 12.30.180(a)(4), (5) and (6): Time of work, control plan, insurance See the Background under Section I, above. Given the Fence is already fully constructed, this item is not applicable.

5. 12.30.180(a)(7): Detailed Plans
See Plat Map prepared by Milani & Associates, attached hereto as “Exhibit C.”

6. 12.30.180(a)(8): City written notice to adjacent landowners.

As shown below, the Applicant has posted and will maintain the Notice as required under

12.30.180(b). For purposes of this Notice the Hearing Date has been set for February 21 with the meeting being held as a zoom meeting. The posted Notice does also indicate that plans and other information can be obtained at the City Offices.

It should be noted that prior notices that Mrs. Ortiz has posted have subject to vandalism and graffiti and racial slurs. Richmond PD have been notified of the Notice vandalism on several occasions. The Ortiz family will do its best to maintain the notices as require. If complaints are made at the public hearing that proper posting of the Notices were not made, those complaints should be treated as moot.

6 Mrs. Ortiz has provided photographs of the posted notices per your request. She will also document any further vandalism and Graffiti for the record between now and the February 21st meeting date.

7. 12.30.180(a)(9): Any information requested by the City Engineer The Applicant and Owner have been working with City Staff in preparation of this Application.

The Applicant/Owner are ready to provide any information requested by the City Engineer in response to this Application.
(8) 12.30.180(a)(10): Encroachment Agreement Fee
The City Staff has indicated that the Encroachment Agreement Fee to be submitted with the initial application. No further action is needed on this task. (9) 12.30.180(b): Posted Notice
Notices have been posted. A copy of the posted Notice is attached hereto as “Exhibit B.” A copy of the application is on file with the City of Richmond and is available for review at the City Offices. (10) 12.30.180(c): Statement from Landowner
Set forth below the Applicant’s signature below is a signed confirmation from the Owner to the effect that all information in this Application is true and correct.

Compliance with RMC 12.30.190 – Findings and Conditions In response to your February 6th email and per RMC Section 12.30.190 this office offer the following responses in support findings and conditions in support of the subject Encroachment Permit application:

A) Complete Application contains all necessary, supporting information.

Response:

A complete application and supporting documentation have been submitted to the City of Richmond.

B) The encroachment does not conflict with adopted street improvements or similar plans, or any in development or than can be anticipated.

Response:

Milani & Associates submitted street cross sections along the encroachment frontage of 8 Western Avenue. The cross sections indicate that no reduction in lane travel widths have been impacted. No public safety or visibility constraints have been created by the installation of the subject improvements.

See Figures 3 & 4 below:

7 Figure 3: Western Drive looking easterly. Project frontage is in the left side of the photograph.

8 Figure 4: Western Drive looking westerly. Project frontage is in the right side of the photo.

C) The encroachment does not pose a health or safety hazard as determined by the City Engineer.

Response:

Joe Leach, the City’s prior City Engineer had walked the limits of the encroachment area and determined that the improvements did no pose a health or safety hazard. In addition, Milani & Associates submitted street cross sections along the encroachment frontage of 8 Western Avenue. The cross sections indicate that no reduction in lane travel widths have been impacted. It is this office’s professional opinion that no public safety or visibility constraints have been created by the installation of the subject improvements.

D) The encroachment does not substantially obscure the main property frontage.

Response:

The house fronts on Western Drive. The Figures 1 and 2 above are site photos which reflect the current improvements that are the subject to the Encroachment Permit application. The photos clearly indicate that the main property frontage and improvements are not substantially obscured.

9 E) The encroachment does not adversely impact or affect adjacent properties; and/or result in facilities discordant or inconsistent with the other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if he property is not strictly necessary for the proposed use.

Response:

Our office submitted Exhibit “C,” Cross Sections - 8 Western Drive. The exhibit clearly identifies the current paved roadway limits before, along and after the subject fencing and encroachment improvements. The exhibit clearly indicates that the subject improvements have not and continue to not inhibit vehicle traffic along Western Drive. The area in question gives the appearance of excess lands that were never intended to support public street improvement. The same condition occurs on the adjoining parcels lying westerly of the subject property, in particular apn 558-012-009.

F) The encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s responsible use. A standard setback should be no fewer than three feet (3’), subject to the City Engineer’s determination that the area’s conditions or environment allows otherwise.

Response:

Our office submitted Exhibit “C,” Cross Sections - 8 Western Drive. Section C-C on the exhibit clearly identifies the setback from the fencing to the edge of travel lane being in excess of three feet (30)’. As previously noted It is this office’s professional opinion that no public safety or visibility constraints have been created by the installation of the subject improvements.

I trust this provides you with the information that you require.

Please do not hesitate to call my office with any questions or any requests for more information regarding this Application.

Sincerely Yours,
Michael Milani
Michael Milani
Project Manager
Milani & Associates
Attachments (A, B and C as referenced)
cc: Allan C. Moore
Owner
We hereby confirm that all information in support of this Application is true and correct.

James Ortiz
Anna Ortiz

ENCROACHMENT

HEARING NOTICE
Exhibit "B"

WESTERN DR8 WESTERN DR

ENCROACHMENTAREA
ENCROACHMENT HEARING: 2/21/23

ENCROACHMENT NOTICE

WESTERN DR
NO.BY REVISIONS

CITY OF RICHMOND

APPDATE
MICHAEL E. MILANI
N/A
JMG
MEM
DESIGNED UNDER THE DIRECTION OF:

CALIFORNIA
DATE
2521
SCALE:

NOVEMBER 2022

OFSHEETS
1 SHEET

CONTRA COSTA COUNTY

CROSS SECTIONS

AS SHOWN
R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-23
DESIGN:

DRAWN:

CHECKED:

JOB NO:

DATE:

L.S. No. 5311 REGISTRATION EXPIRES 12/31/23 CROSS SECTIONS 8 WESTERN DRIVE
1 EXHIBIT "C"

March 7, 2023

Finance Department

DATE: March 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager-Internal Services
LaShonda White, Deputy City Manager-Community
Services
Delmy Cuellar, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Subject:

Fiscal Year 2022-2023 Mid-Year Review
FINANCIAL IMPACT: The General Fund revenue will increase by $8,260,793 and expenditures will increase by $7,726,484. The Non-
General Fund revenue will increase by $4,179,075 and
expenditures will increase by $1,358,660.

PREVIOUS COUNCIL
ACTION:

June 21, 2022

STATEMENT OF THE
ISSUE:

The Fiscal Year 2022-2023 mid-year budget update is an
opportunity to look back at what has happened between
July 1, 2022, and December 31, 2022, since the current
budget was adopted. It provides the City Council and
public a snapshot of the current Fiscal Year (“FY”) based on the most currently available revenues and
expenditures. It also provides a limited forward-looking component updating the year-end projections should
current estimates of the remaining six months prove to be accurate. Updating the current year budget provides City staff a starting point from which to make future multi-year projections.

AGENDA
REPORT

March 7, 2023
RECOMMENDED ACTION:

REVIEW the FY 2022-2023 mid-year budget which
includes proposed budget adjustments increasing
General Fund revenue by $8,260,793 and expenditures
by $7,726,484, and increasing Non-General Fund
revenue by $4,179,075 and expenditures by $1,358,660;
and PROVIDE DIRECTION to staff – City Manager’s
Office/Finance Department (Shasa Curl/Nickie
Mastay/Delmy Cuellar 510-620-6740).

DISCUSSION:

The purpose of the mid-year budget report is to assist the City in monitoring its revenue and expenditures, as compared to the approved budget. The report also provides the City Council, City staff, and the community the ability to monitor revenue and expenditure trends that impact the budget cycle.

This report represents an overview of the City’s revenues and expenditures for Fiscal Year (FY) 2022-2023 from July 1, 2022, through December 31, 2022. At the mid-point of the fiscal year, City staff members conduct a detailed analysis to determine if the original budget is still viable or if adjustments will be necessary. As of December 31, 2022, the expectation is that most budget categories will be at 50 percent; however, this may fluctuate based on the timing of certain revenue receipts and expenditures.

Revenues are not measured against the same standard due to the seasonality of some major revenue sources, such as property taxes which are received in December, April, and June each of year. The mid-year budget, excluding one-time adjustments, serves as the revised baseline budget for the subsequent fiscal year and longer-term financial forecasts.

City staff is presenting the mid-year budget to City Council for discussion and direction and if needed, will return to a future meeting in March 2023 for City Council adoption of a resolution approving the proposed FY 2022-2023 mid-year budget adjustments (Attachment 1).

At the mid-point of the FY 2022-2023, total revenues are $95,623,350 which is 46 percent of the total budget of $206,642,248. Total expenditures are $84,858,761 which is 41 percent of the total budgeted expenditures. Including encumbrances, total expenditures are at 45 percent.

City staff members are recommending several mid-year adjustments with this agenda item. With the proposed revenue and expenditure budget adjustments, the General Fund budget is structurally balanced with total revenues at $214,903,040 and expenditures at $214,903,040. The total Non-General Fund revenue budget is at $214,182,700 and expenditures are at $303,549,639. See Table 1, Table 2, Table 3, and Table 4 for more detailed information.

March 7, 2023
General Fund

General Fund Revenues
Overall, revenue received totaled approximately $95.6 million (46 percent of budget) for the first half of FY 2022-2023 (July 1, 2022 – December 31, 2022), which is below the threshold of 50 percent. The variance is primarily due to the seasonality of some revenue sources. Table 1 below summarizes the first six months of revenue budgeted as compared to actuals. Attachment 4, General Fund Revenue and Expenditures by Department, provides additional detail.

Table 1: General Fund Revenue, Budget vs. Actual Revenue Received, FY 22-23 Mid-Year

The revenue adjustments described below are reflected in Table3 and Table 4. From July to December 2022, most revenues are trending as expected or better, including:

 Property Tax – For the FY 2022-2023 General Fund property taxes, City staff estimated growth of 2.9 percent for Secured Property Taxes and overall growth for this revenue category of 1.8 percent. The County Assessor’s Office released the FY 2022-2023 Assessment Roll in July 2022 which indicated growth of the Assessed Valuation (AV) at 8.15 percent for Secured Property Taxes. This is the main component in changes to secure property taxes year to year. Other significant impacts include the sale of properties and tax increment allocations.

With the 8.15 percent AV and growth in the Successor Agency Surplus and Pass-through revenue streams, City staff is expecting additional Property Tax revenue of $2.6 million more than was budgeted.

 Sales & Use Tax – Post COVID’s shelter–in-place and the associated downturn in the economy, the sales tax revenue stream has significantly increased over

ACCOUNT DESCRIPTION ORIGINAL

APPROP ADJSMTS REVISED
BUDGET YTD ACTUAL ENCUMB. AVAILABLE
BUDGET
W. ENUMB.
% USED
30 PROPERTY TAXES (46,056,962) - (46,056,962) (22,393,586) - (23,663,376) 48.60% 31 SALES & USE TAX (55,282,200) - (55,282,200) (14,997,474) - (40,284,726) 27.10% 32 UTILITY USERS TAX (49,963,589) - (49,963,589) (28,763,607) - (21,199,982) 57.60% 33 OTHER TAXES (21,638,449) - (21,638,449) (5,994,224) - (15,644,225) 27.70% 34 LICENSES,PRMITS&FEES (11,129,402) - (11,129,402) (3,712,692) - (7,416,710) 33.40% 35 FINES & FORFEITURES (475,275) - (475,275) (85,022) - (390,253) 17.90% 36 USE OF MONEY&PROPRTY (236,079) - (236,079) (198,950) - (37,129) 84.30% 37 CHARGES FOR SERVICES (3,571,292) - (3,571,292) (1,964,022) - (1,607,270) 55.00% 38 OTHER REVENUE (187,500) - (187,500) (162,537) - (24,963) 86.70% 39 RENTAL INCOME (874,506) - (874,506) (536,066) - (338,440) 61.30% 3A INTERGOV STATE TAXES (125,000) - (125,000) - - (125,000) 0.00% 3C INTERGOV STATE GRANT (175,000) - (175,000) (97,988) - (77,012) 56.00% 3D INTERGOV OTHER GRANT (253,569) (10,000) (263,569) (157,631) - (105,938) 59.80% 60 PROC FR SLE PROP (100,000) - (100,000) (120) - (99,880) 0.10% 61 LOAN/BOND PROCEEDS - - - (39,400) - 39,400 100.00% 90 OPER XFERS IN (16,563,424) - (16,563,424) (16,520,032) - (43,392) 99.70% Revenue Total (206,632,248) (10,000) (206,642,248) (95,623,350) - (111,018,897) 46.27%

March 7, 2023
the last two years, and the trend is expected to continue through the current fiscal year. The City’s internal forecast, as well as the updated forecast from the City’s financial consultants, project a modest increase of $272,000 more than what is currently budgeted for FY 2022-2023.

 Utility Users Tax (UUT) – This revenue stream, including the maximum cap amount paid by Chevron, has been received as expected. The cap amount was expected to grow by 13.1 percent and ended up being 13.12 percent. UUT for cable and telecommunications, tied to long-term industry trends, continued to decrease and City staff is proposing a reduction of $865,000. UUT for gas and electricity, on the other hand, has increased higher than expected. City staff members are proposing an increase of $1.8 million. The net change for this revenue stream is a total increase of $898,000.

 Other Taxes – Other revenues of note include the documentary transfer tax which is collected by Contra Costa County on the sale of properties. The City has received the July through December 2022 payments, totaling $4.4 million (33 percent of budget). Of the major revenue streams, this is the most volatile and hardest to predict with significant monthly variances. For example, one or two large sales can have a huge impact on the tax amount. City staff is proposing an upward adjustment of $614,000 which, as stipulated in the City Council-approved Guiding Fiscal Policy document, is tied to the average monthly collection since the voter-approved tiered structure was implemented in January 2019.

 Licenses, Permits, & Fees – This revenue stream includes the business tax revenue. Through December 2022, the full revenue is at 33 percent of the budgeted amount. There is an increase of approximately $1.6 million when comparing the first half of FY 2021-2022 with the first half of FY 2022-2023. The increase stems from the collection of business tax after the adoption of Measure U.

 Operating Transfers – These transfers into the General Fund happen when other funds have excess revenues over expenses. The adjustment of $2.9 million corresponds to additional revenue in the Pension Tax Override Fund (PTO), stemming from the 2022 Pension Obligation Bond Refunding which occurred in August 2022. The refunding reduced the expenditures in FY 2022-2023. Cash will be set aside accordingly in the PTO Fund when the new payment schedule begins in July 2023.

General Fund Expenditures
General Fund expenditures totaled $84.9 million (41 percent of budget) at the mid-point of the FY 2022-2023. Actuals are trending lower than the approved budgeted amounts.

Table 2 summarizes the mid-year expenditure budget as compared to actuals.

Attachment 4, General Fund Revenue and Expenditures by Department, provides additional detail.

March 7, 2023

Table 2: General Fund Expenditure, Budget vs. Actual Expenditures, FY 22-23 Mid-Year

 Salaries & Wages – This category includes base salaries, overtime, and other pay types for full-time and part-time staff. Actual expenditures total $33.96 million (43 percent of budget). This category is lower than the threshold primarily due to vacancies. Total mid-year adjustments are increased by $352,000 mainly due to overtime resulting from the Fire Academy within the Fire Department.

 Benefits – This category includes medical, dental, workers compensation, CalPERS pension costs, other post-employment benefits (OPEB), and other benefits. Actual expenditures total $28.58 million (43 percent of budget) and is below the threshold due to vacancies.

 Professional & Admin Services – Included in this category are professional and consulting services and contractual obligations, such as animal control services.

Actual expenditures total $4.6 million (26 percent of budget) and are below the threshold. Factoring in purchase order encumbrances of $4.56 million, the total expenditure amount is $9.19 million (52 percent of budget). The total mid-year budget adjustment is $582,000 mainly due to professional services in the Fire and Information Technology (IT) departments.

 Other Operating – This category includes copier leases, office supplies, and other items. Actual expenditures total $2.56 million (34 percent of budget). Factoring in purchase order encumbrances of $1.96 million, the total expenditure amount is $4.52 million (59 percent of budget).

 Utilities – This category includes gas, electricity, water, refuse, telephone, and internet services. Actual expenditures total $2.08 million (38 percent of budget).

Factoring in purchase order encumbrances of $771,000, the total expenditure

ACCOUNT DESCRIPTION ORIGINAL

APPROP ADJSMTS REVISED
BUDGET YTD ACTUAL ENCUMB. AVAILABLE
BUDGET
W. ENUMB.
% USED
40 SALARIES AND WAGES 78,761,868 (283,662) 78,478,206 33,953,034 - 44,525,172 43.30% 41 PYRLL/FRINGE BENEFIT 66,929,804 (41,976) 66,887,828 28,575,517 - 38,312,311 42.70% 42 PROF & ADMIN 16,977,138 629,595 17,606,733 4,634,865 4,480,000 8,491,868 51.40% 43 OTHER OPERATING 7,970,902 (367,541) 7,603,361 2,558,095 1,958,724 3,086,542 59.40% 44 UTILITIES 5,399,957 3,565 5,403,522 2,075,143 771,078 2,557,301 52.70% 45 EQPT & CONTRACT SVCS 2,731,448 43,038 2,774,486 1,219,835 439,255 1,115,395 59.80% 46 PROVISN FOR INS LOSS 25,725 3,916 29,641 28,641 - 1,000 96.60% 47 COST POOL 15,277,766 - 15,277,766 7,638,878 - 7,638,888 50.00% 48 ASSET/CAPITAL OUTLAY 3,172,136 477,375 3,649,511 234,740 77,981 3,336,790 8.60% 49 DEBT SVC EXPENDITURE 1,037,009 - 1,037,009 530,970 - 506,038 51.20% 4A A87 COST PLAN REIMBS (3,531,610) - (3,531,610) (1,754,649) - (1,776,961) 49.70% 50 GRANT EXPENDITURES 2,500 80,000 82,500 (1,694) 8,000 76,194 7.60% 91 OPER XFERS OUT 11,877,605 - 11,877,605 5,165,386 - 6,712,219 43.50% Expense Total 206,632,248 544,309 207,176,557 84,858,761 7,735,039 114,582,757 44.69%

March 7, 2023
amount is $2.85 million (53 percent of budget).

 Equipment & Contract Services - This category includes equipment and maintenance/repair services. Actual expenditures total $1.22 million (44 percent of budget). Factoring in purchase order encumbrances of $439,000, the total expenditure amount is $1.66 million (60 percent of the budget).

 Asset Capital Outlay – Expenditures include maintenance and capital improvement project-related costs. The year-to-date actual with encumbrances is 8.6 percent. The proposed mid-year adjustment of $2.4 million is mainly due to the additional investment in the City’s Paving Index.

 Transfers Out – This category includes transfers out from the General Fund to non- General Funds, mostly for operating subsidies and a portion of debt service. Actuals total $5.17 million (43 percent of budget). The total mid-year adjustment is $155,000, mainly due to equipment needs in the IT department.

General Fund Mid-Year Budget Adjustments
As shown in Table 3, City staff propose General Fund total revenue adjustments of $8,260,793 and total expenditure adjustments of $7,726,484. Table 4 categorizes all the revenue and expenditure adjustments presented in Table 3 by account type.

Table 3: Proposed General Fund Adjustments, FY 22-23 Mid-Year

Proposed
Mid-Year
Adjustment
Description

(2,551,967) Property Taxes: Successor Agency surplus and passthrough. (271,937) Sales Tax: Revenue is trending higher than expected.

(897,690)
Utility Users Tax: Chevron payment is being received one month in advance. Increase budget to reflect additional revenue.
(613,738) Other Taxes: Documentary transfer tax trending higher than expected. (1,554) Licenses Permits and Fees: Business Tax revenue trending better than expected. (784,968) Use of Money and Property: Revenue trending better than expected. 2,500 Charges for Services: Passport services revenue lower than expected. (4,565) Miscellaneous revenue.
(480) Miscellaneous revenue.
(39,400) Loan/Bond Proceeds revenue.
(2,946,531) Operating Transfer In: Pension Tax Override transfer, part of the revenue will be used to pay Pension Obligation Bond refinancing costs.
(210,463) Operating Transfer In: Garfield pension trust fund close out.

50,000
Licenses Permits and Fees: Revenue trending lower than expected due to delinquent cannabis businesses, and illegal/unpermitted operators.
(150,000) Fines and Forfeitures: Parking enforcement revenue

March 7, 2023
160,000 Fines and Forfeitures: Correction to adjust budget for a duplicate receipt. (8,260,793) Total General Fund Revenue Adjustments

1,500,000
Operating Transfer Out: Payoff Pension Obligation Bond refinancing costs through Pension Tax Override fund proceeds. These are costs that were not paid from the bond proceeds (Per agenda item 7/26/22).

20,380
Salaries and Benefits: Additional budget needed for overtime, Code Enforcement Officers need to conduct after hour inspections and attend community meetings.

241,550
Professional Services: Mark43 Fire CAD upgrade and hardware cost were not included in the original budget because the department was in the early stages of the intended upgrade.

291,499
Salaries and Benefits: The overtime for the fire academy cadets was not included in the original budget because the Fire Department was in the early stages of the recruitment process.

12,058
Other Operating Costs: Personal Protective Equipment cost for the firefighter recruits was not included in the original budget, because the Fire Department did not have the final number of personnel vacancies until December 2022.

3,170
Salaries and Benefits: Reallocation of an Office Specialist position to an Administrative Aide position to support the changes that have occurred within the Community Services Department and the Recreation Division.

25,000
Salaries and Benefits: An additional Recreation Program Specialist position is requested. This position will support the Recreation Program Coordinator at two sites: the Richmond Recreation Complex and Booker T. Anderson Community Center (once reopened).

200,000
Professional Services: The current IT Network and Systems Security Officer is managing the City’s network and providing Cyber Security management and defense. An additional resource is needed to support the City’s expanding infrastructure and to help manage and secure the City’s systems against Cyber Security threats.

300,000
Asset Capital Outlay: This additional funding is essential to upgrade and repair the critical security access system included in the City of Richmond Network Operating Systems.

265,000
Professional Services: Emergency Operations Center equipment upgrade including Radio Communication, Kray Cabling, Computers, Printers, Plotters, Cell Phones, Cellular hot spots, and Portable Radios.

147,828
Equipment and Contracts: Contractual obligation for the City’s ERP purchase of software and support services needed for the upgrade, training, and an investment assessment that is essential in ensuring City staff is operating at peak efficiency and has the knowledge to meet the evolving software needs of the City of Richmond.
12,195 Salary and Benefits: Position Reallocation of GIS Administrator to IT Manager job classification 6,000 Professional Services: City Council miscellaneous and travel related expenditures.

11,530
Operating Transfer Out: Transfer out to Marina District (District) to reimburse for prior year maintenance costs. The City was determined to be responsible for the signage work that was paid from the District's fund. The adjustment is to reimburse the District for those expenditures

*2,065,1811
Asset Capital Outlay: Additional funding for street paving, sidewalks, and traffic calming activities.

The City's paving index is 58 which is poor and the current annual allocation of $4M to $5M is not sufficient to either maintain or enhance the index. This additional amount will be a step towards improving the streets and roads paving condition.

*2,500,0001
Transfer Out: This transfer to the Risk Reserve will help move towards a targeted 80% Confidence Level. The current Confidence Level is ~55% for short-term liabilities (1 year). With additional funding, the Confidence Level could reach ~70% for short-term liability. For long-term liabilities, the current Confidence Level is ~16%, and with additional funding it could reach ~21%.

1 City staff is proposing a $2,065,181 allocation to support street paving, sidewalks and traffic calming activities, as well as $2,500,000 to transfer out to the Risk Reserve to increase the confidence level. While these two entries, totaling $4,565,181, reflect staff’s recommendation for proposed expenditures, Table 5 provides two additional options for City Council consideration.