3-21-23, CC Mtg.
È ¹ÂÂÁÁÁÁÁÁ .]DQ[QDh][
YQEXPIgI ÃÆ ÂÄ ÃÊ ÃÅ ÃÆ ÃÄÃ
]pIjPI<gjQhjdY<[N]g
E]ZZk[QjsI[O<OIZI[j0PI
<gjq]gXP<h<NY<j<NNIEj
"QEIE][EIdj<[GIrIEkjQ][
YIr<[Gg<q<h[]jQ[jPIZQrN]g
jPIh<ZIdg]WIEjhPIq]kYG
P<pIDII[ZshIYIEj0PI
dP]j]gI<YQhZhQq<PjhE]gIG
G]q[N]gZINIIYYQXIP<pI
hII[h]ZkEP]NQjIpI[Qjq<h
j]DId<Q[jIG
]j]NjP]kOPjQ[j]jPIY]E<Y<[G
Q[GQOI[]khPQhj]gs
kGOIj[IIGhhjkGI[j<gjQhjhjQdI[G
NIIh[hj<YY<jQ][dY<[h<gI[]jQ[
YQ[IqQjPQ[hjgkEjQ][h]Ih[°j
<ddI<gjP<jdY<[h<gIj]d<Q[j
GQgIEjYs][q<YYhkgN<EIYQXIjPI
dg]d]hIGQZ<OIh<[GjPI[<gg<jQpI
IrdY]gQ[OjPIgQEP[Ihh]N
.QEPZ][G°hPQhj]gsgI<YYsYQXIjPI
E][[IEjQ][qQjPjPIhEP]]Yh<[GjPI
<gjjI<EPIgh<[GhjkGI[jh0P<jQh
<[IrEIYYI[jq<sj]I[O<OI
E]ZZk[Qjs<[GQZd]gj<[jN]g
gI<gQ[O[IqY]E<Y<gjQhjh
/QjIÄ¥¹ÊÁÁÁÁ¦
 ¹ÉÉÈÃÁÁÁ GqQ[!<gZ<[QYY]
YQEXPIgI ÃÉ ÃÂ ÄÁ ÃÃ ÃÊ ÃÇ
QXIjPIE][EIdj]NkhQ[OZIj<Yh
<[GhjIIYZ<jIgQ<YhQ[jPI
<gjq]gX
7"!.!" $QhZs
hIYIEjN]gjPI/QjIÄ/
1 +01.
dg]WIEjjPQ[XPQhdQIEIE]kYG
DIQ[ZdgIhhQpIQNjPI[][
IGkE<jQ][<Y<hdIEjh]NjPI
hjgkEjkgI¥jPIhj<QgZ]jQN¦qIgI
j<YYIg.QOPj[[]qQjj]]ZkEP
jPIhE<YI]N<dkDYQEdP][I
D]]jPDkjjP]kOPjPIhP]qIG
O]]GZ<hjIgs]NPQhZIGQkZ 1[QfkIGIhQO[
kGOIjG]Ih[°jQ[EYkGI<gjQhjNII
G]IhQ[EYkGINIIhN]gY]E<YgIhQGI[jh
Q[jg<Q[Q[OYQXIjPI
dIgZ<[I[EIhjgI[OjP]NjPI
hjgkEjkgIjhP]kYGDIpIgsGkg<DYI
<[G<EEIhhQDYI
<djkgIhZkYjQdYI
N<EIjh]N".QEPZ][GPQhj]gs
ÂÄ ¹ÊÁÁÁÁÁÁ
/EQI[jQNQEgj/jkGQ].][]YjPkshI[!<gI[6<[ks[]gG][Y<hO]q/dI[EIg]gG][8QYk]7<[O kXIIQZDQO[Ig YQEXPIgI ÃÆ ÃÅ ÃÅ ÃÃ ÃÆ ÃÅ
gjQhjQhEgI<jQpI<[GjPIGIhQO[hsZD]YQvIhjPIZkhQEPQhj]gs]N ".
q<h[°j<N<[]NjPIOkQj<gj]]
hQ[OkY<g<[G°Z[]jhkgIjPI
DYQ[OZIhh<OIq]kYGE]ZI
<Eg]hh q]gXQ[dg]OgIhh
<pQ[O<GQNNQEkYjjQZIN]YY]qQ[OqPQEPdg]d]h<YO]IhqQjPqPQEP hQjIpIgsjPQ[OQhE]ZDQ[IGQ[j]
][Idg]d]h<YqPQEPZ<XIhQj
GQNNQEkYjj]gIpQIqN]gjPIhdIEQNQE
hQjIhZ<W]gNY<qQ[jPIQg
dg]d]h<Yh0PQhdg]d]h<YQhN]ghQjIÄ
jPI<DQj<j<gI<<[GI[jg<[EIj]
jPId<gXj°hGINQ[QjIYs<Nk[
hjgkEjkgI¥OkQj<g¦<[GZ<XIh<DQO
<[[]k[EIZI[j<jjPII[jg<[EIj]
jPId<gXDkjG]Ih[°j]NNIgZkEP
Z]gIQ[jIgZh]NhQO[QNQE<[EI
/QjIÅ<ÅD¥¹ÃÁÁÁÁÁ¦
ÂÆ ¹ÃÁÁÁÁÁÁÁ IqQh7<jjh
YQEXPIgI ÃÆ ÃÊ ÄÁ ÃÆ ÃÈ ÃÈÃ
gjQhjdg]pQGIGY<s]kj]NjPI
hj<OI<[G".dP]j]hjP<j
E<djkgIhD]jPZkhQE<[Ghd]gjh
PQhj]gs
7/700/².9!$"
$
.0<gIZsEP]QEIhN]gjPI
/QjIÆ/0dg]WIEj7PQYIQjQh
hjQYYk[GIpIY]dIGq<hQ[jgQOkIG
DsPQhE][EIdj]N<dP]j]<YDkZ
IhdIEQ<YYshQ[EIjPIhd<EIE]kYGY]]XYQXI<[]dI[D]]Xhj<[GQ[O][QjhhdQ[I<GGQ[O<hEkYdjkg<Y <hdIEjj]PQhQGI<YQXIjPIQGI<
]NhP]qQ[OdP]j]hQ[jPIQg
]gQOQ[<YN]gZg<jPIgjP<[sIj
<[]jPIg+P]j]hP]dE]Zd]hQjI
YIrQDYI<EE]gGQ[Oj]jPI
E][hjgkEjQ][
0PI<gjQjhIYNdgIhI[jh<[
]dd]gjk[QjsN]gY]jh]NQ[jIg<EjQpQjs
qQjPpQIqIghjQh<[Q[jIgIhjQ[O
Q[hj<YY<jQ][jP<jqQYYDIpQhQjIGZ<[s
jQZIh+gIhI[jh<qQGIEg]hhIEjQ][
]N.QEPZ][GPQhj]gs
]ZZk[Qjs
I[O<OIZI[j[IIGhZ]gIjP]kOPj
IrdY<[<jQ][dY<[[Q[O
kGOIj
[IIGhZ]gIGIj<QYh0g<Q[Q[O
]dd]gjk[QjQIh<gIZI[jQ][IGDkj
hjQdI[Gh[]j]kjYQ[IGQ[DkGOIj
GZQ[Qhjg<jQ][NIIh<jÃÆÚ[IIGh
IrdY<[<jQ][]qjPIhjgkEjkgI¥h¦
qQYYNQjQ[j]jPIY]E<jQ][Qhk[EYI<g<j
jPQhjQZI<h<Y]j]Nq]gXj]G]
qQjPdIgZQhhQ][hE]dsgQOPj
3-21-23, CC Mtg.
ÂÄ ¹ÃÁÁÁÁÁÁÁ
/EQI[jQNQEgj/jkGQ].][]YjPkshI[!<gI[6<[ks[]gG][Y<hO]q/dI[EIg]gG][8QYk]7<[O kXIIQZDQO[Ig YQEXPIgI ÃÆ ÄÁ ÃÄ ÃÇ ÃÅ ÃÆÇ
gjQhjE<djkgIhE]Y]gNkY
dP]j]Og<dPsqQjPOI[Ig<jQ][<Y
QZ<OIhjP<jQhIsIE<jPEPQ[O
IIYYQXIjPQhQh[]j<h]gQOQ[<Y<h
jPI IqQh7<jjhE][EIdj
<[DI<G<djIGj]jPINQ[<Y
dg]WIEj
"]jhkgIP]qjPQhGIhQO[h<jQhNQIh
jPIÅ<ÅD<hhQO[ZI[jqPQEPP<h
ZkYjQdYIY]E<jQ][h<YjP]kOP
k[GIghj<[GjP<jjPIdY<EIZI[j]N
hEkYdjkgIhhjgkEjkgIhQh[]jhIjQ[
hj][I<jjPQhd]Q[jN]gjP<jY]E<jQ][
0PIq<YYh<gIGIhQO[IGN]g<d]hhQDYI
DYI<EPIghIjkd0PIdg]d]hIG
GIhQO[Qh][YsjPIq<YYh[]jjPI
DYI<EPIghjgkEjkgIhjPIE]hjN]g<
DYI<EPIgQ[EYkGIGQ[jPI]pIg<YYd<gX
GIhQO[E<[°jgI<YYsjIYYjPIhE<YI]N
jPIhjgkEjkgI/jgkEjkgI[IIGhj]DI
h<NIN]gEYQZDQ[OkhIDsEPQYGgI[
k[hkdIgpQhIGjq]kYGDI[QEIQN
jPIhjgkEjkgI<Yh]hIgpIG<h]kjG]]g
YI<g[Q[Ohd<EIN]gjPIE]ZZk[Qjs
EI[jIg°hEPQYGE<gI<[GIGkE<jQ][
dg]Og<Zh<[]kjG]]gEY<hhg]]Z
hd<EI[]jWkhjN]ghd]gjh]g
I[jIgj<Q[ZI[j0PQh]NNIgQ[OQh
Z]gIkjQYQj<gQ<[Q[GIhQO[jP<[<gj
N]EkhIGqPQEPQhO]]GjPId<gX
E]kYGkhI<Og]kdhI<jQ[O<gI<
<YjP]kOPQjG]Ih]NNIg<Zkg<YqQjP
PQhj]gQE<YhQO[QNQE<[EI]gjPQh
Q[hj<YY<jQ][jPIE]ZZk[Qjs
I[O<OIZI[jdY<[h]dd]gjk[QjQIh
<gI[]jEYI<g0PIs°pIkhIG<][I
hQvINQjh<YYdg]d]h<YhZ]GIY
kGOIj
[IIGhZ]gIEY<gQjs
/QjIÆ¥¹ÈÁÁÁÁ¦
ÂÇ ¹ÈÁÁÁÁÁÁ
<ZIh!]]gI
YQEXPIgI ÃÁ ÃÉ ÄÁ ÃÆ ÃÇ ÃÆÉ
]pIjPIZ<jIgQ<Yh<[GjPIjq]GQNNIgI[jhjsYIh]N<gjdg]d]hIG N]gjPIp<gQ]khO<jIq<sh
!/!$$.QhZshIYIEjN]g
jPI/QjIÆdg]WIEjYQXID]jP
hjsYIh]NPQhhEkYdjkgI<gjqQjP<
dgINIgI[EIj]q<gGhjPI
±/d]gjh±hIgQIhhjsYI]pIgjPI
Ekj]kjh
YIrQDYIjPIZIhjP<jE<[DI
dY<EIG<g]k[GjPII[jg<[EI
+g]d]h<YQ[EYkGIh<E]ZDQ[<jQ][]N
ZkhQE<[Ghd]gjhNQOkgIhYQXIjPI
qPQZhQE<Y[<jkgI]NjPI<Dhjg<EjYs
GIhQO[IGhd]gjhNQOkgIh<Yh]YQXI
jPIZkhQENQOkgIhZ]gIgI<YQhjQEQ[
GIhQO[/]gj]N<E]ZDQ[<jQ][Z<GI
N]gD]jP<GkYj<[GEPQYG<kGQI[EIh
IhQO[Z<jIgQ<Yh<gIGkg<DYI<[G
Z<GIj]qQjPhj<[G<[sP<[OQ[O][
<EjQ][DsjPIEPQYGgI[
]ZZk[Qjs
I[O<OIZI[jdY<[h<gIXQ[G]NjPQ[
q]kYGYQXIj]hII<[<ddgI[jQEI
Q[EYkGIGQ[jPIDkGOIj<[GQ[!g
!]]gI°hdY<[hIhP]kYGGINQ[QjIYs
d<hhPQhhXQYYh<[GpQhQ][][j]
s]k[OIg<gjQhjh
ÂÅ ¹ÈÁÁÁÁÁÁ .QEP<gG!kg]/<Y<v<g
YQEXPIgI ÃÇ ÂÈ ÃÂ ÃÅ ÂÃ ÃÁ
gjQhjdgIhI[jIGqIYYq]kYGYQXI
j]hIIjPI<gEPdY<EIG
h]ZIqPIgIIYhI[]j]Z
PIhYIs
<[GY<Z]
"QEIQGI<Dkjj]]pkY[Ig<DYI
<[G°ZE][EIg[IGjP<jQjQhj]]
PQOPZ<Q[jI[<[EI
7][GIgQ[OQNQjNQjhjPIDQXId<gX
jPIZI]gjPIO<gGI[
0PQhdg]WIEjQh<DQjdg]DYIZ<jQE
DIE<khIQjgIfkQgIhjP<jjPIdY<[jh
DIq<jIgIGgIOkY<gYs<[G
Z<Q[j<Q[IGqQjP[]dY<[<hj]P]q
jP<jQhO]Q[Oj]P<ddI[+YkZDQ[O
q]kYGP<pIj]DIgk[]kjj]jP<j
E]g[IgqQjP<YY]NjPI<GGIGE]hjh
jP<jjP<jI[j<QYh0PIhjgkEjkgI<Yh]
NIIYh<DQjpkY[Ig<DYI<[GE]kYG
dgIhI[j<EYQZDQ[OP<v<gGj]
EPQYGgI[+Y<[N]gE]ZZk[Qjs
I[O<OIZI[jN]gjPQhd<gjQEkY<g
dg]WIEjQh[]jIpQGI[jIG]Ih[°j
P<pI[<[sIrdIgQI[EIqQjP<dg]WIEj
]NjPQhjsdIQhZ]GIYq<h
k[GIgqPIYZQ[OQ[E][hjgkEjQ][
jIEP[QfkI0PQhdg]WIEj<Yh]
GkdYQE<jIhqP<jQhdY<[[IGqQjPjPI
P<DQj<jO<gGI[
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
By: Title:
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
3-21-23, CC Mtg.
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:
Arts & Culture Division
3-21-23, CC Mtg.
1 Shields-Reid Park Public Art RFQ/RFP Application
Shields-Reid Park Public Art Opportunities
Request for Qualifications/Proposals (RFQ/RFP) Application The City of Richmond is now seeking artists and artist groups to apply for twelve unique public art opportunities for Shields-Reid Park in North Richmond.
Click here to view the Request for Qualifications/Proposals.
Please thoroughly review the Requestion for Qualifications/Proposals prior to completing your application.
A Call for Artists Webinar was hosted on September 29, 2022. Click here to view the webinar recording.
The deadline to apply is 11:59 pm on November 15, 2022. This submission portal will automatically close after the deadline.
Questions? E-mail [email protected]
Having technical issues with submitting your application? E-mail [email protected]. City staff technical support will be available until 8:00 pm on November 15, 2022. Please make sure all of your file sizes are below 20 MB if you have encountered issues with submission.
3-21-23, CC Mtg.
2 For more information on the history of the Richmond Arts and Culture Commissions and the Public Art program, please go to: www.ci.richmond.ca.us/2064/Arts-Culture.
1. Lead Artist Name Javier Rocabado
2. Names of Team Members Javier Rocabado
3. E-mail Address [email protected]
4. Phone Number 415 573 9784
5. What is your public art concept?
(What message are you seeking to
portray?)
I am seeking to bring awareness to some of the aspects of North Richmond’s History and how its people rose and continue to rise above the circumstances imposed upon them.
The State and Federal Government has had a history of complete abandonment in this area.
My approach to the artwork is through illustrating North Richmond’s rich history; from its humble beginnings chastised by segregation, poor living conditions, unemployment, discrimination, and police brutality all the way through the development of a community that expressed its challenges through music and organized responses to the challenges of self-defense and community action through care for the elderly, the feeding of children and by providing medical attention and food to families in need.
The Richmond Black Panther Party was an instrument for self-determination while fighting injustices not only for African Americans but all other ethnic groups.
6. Please give as much detail as
possible including medium,
dimensions, title, etc.
The piece consists of 4 panels measuring 7’x8’, 7’x7’, 7’x6’, and 7’x5.5’.
The murals are constructed from stained-glass mosaics mounted on a “hardboard” or a cementitious substrate for outdoor use. The only maintenance required is cleaning when needed with regular glass cleaner.
Each panel depicts musicians and performers playing their instruments at the center of attention. On the lower part of each mural, urban and government housing are depicted supporting the idea of poverty. Each piece has a chain link fence in the background, symbolizing segregation. The lower part of each work portrays everyday neighborhood activities while an African design represents the African roots of many of the people of North Richmond.
SITE 1-A
The Guitar Player:
A young man playing the guitar while singing the blues. He sings about police brutality among other topics. To his right, it reads “Black Panther Party for selfdefense” accompanied by a drawing of a child with her right arm up in the “Power for the People” gesture. In the lower sector, the scene portrays the political climate
3-21-23, CC Mtg.
3 of the ‘60s and the civil rights movement of the time along with the clashes between the people and the police that came with it.
Site 1-B
The Singer:
An African American Woman expressively singing blues. The lower sector illustrates the work of North Richmond’s community members.
Site 1-C
Work in progress:
The depiction of a younger artist. He is a poet and a DJ. He stands for the newer generations of North Richmond who continue to express themselves through music and art. He is the son and grandson of the Singers and Jazz players portrayed through the different sites.
Site 1-D
The Sax Player:
A young saxophone player at the top half of the image and at the lower part features 3 blues performers in front of the “Kozy Klub”.
7. Please upload a proposed concept
drawing. Include examples of similar
work you have completed previously
and sketches of proposed
work/project.
E059B059-5353-4501-984B-6A2ED0B1B12B.jpeg
7a. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
C5DABE2B-C7FC-4835-9A44-8A2DDAEC0534.jpeg
7b. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
A279F919-336F-4627-9870-21C1755FB97B.jpeg
8. Which public art site(s)? Select all
that apply.
Sites #1a, 1b, 1c, 1d, Sites #2a, 2b, 2c, 2d
9. How will you engage members of
the North Richmond community in
your project?
Public art is a great community builder. And I find that mosaic art, because of its many intertwined pieces to be incredibly engaging and fun for people to be a part of.
My vision is to engage people 18-yrs and up in the mural creation by providing Mosaic Art workshops at the Richmond Art Center. These workshops would teach glass-cutting technique, types of glue, direct and indirect methods of gluing mosaics, using substrates, etc. The design will have a dedicated 3” space at the lower part of the murals where the mosaic art created in the workshops will attached.
(Section Break)
3-21-23, CC Mtg.
4 10. Budget
Please enter your proposed budget line items into each field below, or submit a budget as an attachment.
Budgets uploaded as an attachment should contain the following line items:
o Materials
o Artist Fee
o Art Fabrication Expense
o Installation Cost
o Insurance
o Fees Paid to Others (Stipends)
o Total Cost (Add All Line Items)
Budget Input I will input my budget in the fields on this form.
Materials $ 6,750
Artist Fee $ 10,000
Art Fabrication Expense $70,000
Installation Cost $ 18,000
Insurance $ 250
Fees Paid to Others (Stipends) $ 5,000
Total Cost (Add All Line Items) $ 77,000
(Section Break)
11. How long will it take to create and
install your work of art?
Between 8 - 10 months
12. What resources would you need
to implement this project? Please be
as specific as possible.
The project will require pre-installed metallic support structures with a backer board attached to them. These structures and backer boards should be installed ahead of time by the City.
The mosaic sections will be created using an indirect method, meaning the mosaics are put together in sections on a mesh or tape and then installed with mortar the backer board metallic support structure.
4’x8’ cement backer board is sold at Lowe’s here the link:
3-21-23, CC Mtg.
5 https://www.lowes.com/pd/DUROCK-Brand-0-625-in-x-48-in-x-96-in-CementBacker-Board/1000383901
13. Upload a copy of your artistic
resume along with resumes of your
team members. Please merge all
resumes into one document.
JavierRocabadoResume10-2022.pdf
14. Upload a document with two
references including name, e-mail,
phone number, project, etc.
References.pdf
15. Upload work samples - no more
than five PDF images with annotated
list showing range of art styles and
additional information (art, media,
scale, price, location, year, etc.)
Please merge all images into one PDF
document.
JavierRocabadoImages.pdf
16. Upload proof of residency. 8658D0ED-6F2D-4800-A40B-EFC976951389.jpeg Things to Consider:
Please note that if your proposal is selected for a grant award, you will be required to comply with additional requests for required information and/or documents prior to receiving grant funding, including but not limited to:
1. A signed contract with a Purchase Order and Contract number.
2. A City of Richmond business license (fees are not reimbursable). For more information on the business license visit
https://etrakit.ci.richmond.ca.us/login.aspx?lt=either&rd=~/BusinessApplication/confirmation.aspx
3. A Tax Form W-9: https://www.irs.gov/pub/irs-pdf/fw9.pdf
4. An invoice from the artist to the City of Richmond requesting payment.
5. Proof of insurance for any paid artists working on this project.
6. A COVID-19 Plan to meet requirements for in-person meetings and activities, including but not limited to social distancing (6 feet between participants), wearing masks and gloves, limited team/volunteer in-person meetings, and disinfecting materials and spaces as needed, etc.
7. Any artist who receives awarded art funds shall give City of Richmond and grant source credit as a sponsor for the public art project i.e. mural, social media, etc. A high-resolution City of Richmond logo will be provided upon request.
Email not displaying correctly? View it in your browser.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
Artist Statement
My project is a portrayal of a little-spoken, yet very important piece of North Richmond’s history, particularly in the African American Community. During and after WWII, the implementation of Segregation Laws completely erased many of the social and economic gains that African American families, business, and individuals had achieved.
A seemingly never-ending set of challenges emerged in these segregated communities. Unequitable conditions in housing, schooling and other public services fed the social unrest between White, Black and Latinx communities. Riots and civil unrest broke out and, in many instances, police dogs were used to attack and terrorize residents. Eventually, many neighborhoods, including North Richmond became “no-man’s lands”, leaving many residents without basic services and to fend for themselves. This is where social organizations such as the Black Panthers stepped in to provide many of the basic services that had been non-existent; services that ranged from food and education to protection and political activism.
Around this time, North Richmond had an influx of people with diverse cultural traditions, especially from the South. This steady stream of people with different “flavors” paired with the efforts of club owners in North Richmond and Oakland to satisfy the musical demands from these new patrons, helped forge an eclectic musical style. This style was brough to life by local musicians in evolving new genres; a musical tradition that is still alive in North Richmond. Amidst the environment of segregation, the North Richmond community was an important contributor to the musical and cultural traditions of blues, jazz, and eventually rap and hip hop.
The main message that blankets the project is one of resilience and the importance of music and art as forms of expression, rebellion, and community building. To round out the project, I am also illustrating the importance that sports can have in our communities.
I plan on getting my message across through a series of vignettes. Each one representing a concept, person or place that had lasting effects on Richmond and the US as a whole.
Each vignette will be produced in the form of a mural. In the background of each piece is a chain-linked fence. These chains represent Social Engineering through segregation, a practice that in play on almost all levels of American society and promoted and enforced the Federal Government.
3-21-23, CC Mtg.
In the mid-section of each piece, you will find depictions of unplanned urban housing with raised makeshift properties to avoid flooding, federal housing projects, night clubs, train rails, and business.
The upper mid-section of each piece exhibits silhouettes of musicians and other elements that support the story being told.
The foreground will house the main images which are a singer, a guitarist, a saxophonist, and baseball player.
3-21-23, CC Mtg.
Budget Proposal
Material: Stained glass: $5,500
Art supplies including grout, mortar, tapes, tools,
rags, etc.: $2,000
Studio rent: $8,000
Certificate of structural drawings design: $6,500
Installation: $ 6,000
Project Manager: $27,500
Artist fee: $10,000
Fabricators fee: $43,000
Liability Insurance: $300
Richmond business application: $300
Contingency: $900
Total : $ 110,000.00
Schedule payment:
25% to start the project
25% after finishing second mural
25% after finish third mural
25% after completing the 4th mosaic mural 50%
after murals installed and approved.
Structural drawing design certificate provided by:
Benjamin Corotis, Principal
adbc architecture
460 Mandana Blvd, Oakland Ca 9410
Schedule:
16 months to complete art fabrication (Oct 2024)
Maintenance:
Soap and water when needed.
Dimensions:
Site 1a 7’ H x 6’8” W
Site 1b 7’ H x 5’8” W
Site 1c 6’6” H x 4’6” W
Site 1d 7’ H x 8’ W
3-21-23, CC Mtg.
The Guitarist
This piece is a depiction of
housing projects. Housing
tenure is linked to societal
class divides. It is based on a
Weberian idea that
homeownership is a basis
for class divisions, today the
wage disparity between and
Whites, on average, black
men in the U.S. earn 87
cents for every dollar
earned by white men, this
disparity is one of the main
elements for not been able
to own property, confronted
with constant rising rent
prices, and the dependency of federal housing programs or HUD.
Due to the lack of fair policing and protection in North Richmond, crime and violence were on the rise. The Black Panthers Party organized civilian protection and provided meals to school children, thus becoming an integral part of the community's self-defense against violence and police brutality.
The house dogs and police dogs represent the antagonism among residents and abusive authority and refer to the famous Malcolm X speech in which he talks of "field negroes” wanting the master's house to burn if it were to catch fire, whereas "house negroes" would rush to put it out.
‘With such rapid population growth, housing could not be put up quickly enough. The federal government stepped in with public housing. It was officially and explicitly segregated. Located along railroad tracks and close to the shipbuilding area, federally financed housing for African Americans in Richmond was poorly constructed and intended to be temporary. For white defense workers, government housing was built farther inland, closer to white residential areas, and some of it was sturdily constructed and permanent. Because Richmond had been overwhelmingly white before the war, the federal government’s decision to segregate public housing established segregated living patterns that persist to this day’
The Color of Law: A Forgotten History of How Our Government Segregated America by Richard Rothstein (Liveright Publishing Corporation, a division of W. W. Norton & Company, 2017, 345 pp.,
27.95.)
3-21-23, CC Mtg.
The Kozy Klub
In North Richmond, the
blues scene became an
integral part of the day-today life of the community. It drew patrons from African
American communities
throughout the Bay Area but
for residents, it offered
particularly valuable
opportunities for social
interaction and fellowship.
"Hitting the clubs" was a
major focus of social life for
many residents of North
Richmond. During an evening out, people would frequently move from club to club to check out the "scene", enjoy the entertainment, and socialize with friends.
Some of the most popular clubs of the day were:
Kozy Klub, Do Drop Inn, Fred’s Place, Brown Derby, Minnie Lou’s, Tapper’s Inn and Club Savoy.
An excerpt from “radiofreerichmond.com/black_history_celebration_minnie_lue_nichols” A growing population of African Americans in Richmond, and a changing style in music.
Politics, food, and culture were inseparable from each other in the blues clubs. Together they offered another way of being free from the Jim Crow rules that dictated much of their lives. “The blues clubs were the place where the link between power and culture was most evident,” writes Shirley Ann Wilson Moore in “To Place Our Deeds”, the leading history of the African American community in Richmond. “Music places served as large cultural hubs often mixing whites and black, but a lot of the black newcomers to Richmond wanted undiluted urban blues. North Richmond blues clubs were their hubs.” Further, Wilson Moore explains, “Music, the most vital and enduring component of African American culture, represents the most accessible cultural indicator of the state of mind and condition of the black community.” Music was the medium through which the African American community could discuss turmoil, repression, or simply enjoy themselves. The blues clubs facilitated the music and were instrumental to the community.
Sources:
"To Place Our Deeds: The African American Community in Richmond, California, 1910-1963" By Shirley Ann Wilson Moore. University of California Press, April 2001
3-21-23, CC Mtg.
Minnie Lue Nichols, a
chef, community leader, and
businesswoman was part of
North Richmond’s blues club
culture in the post-war era.
Born in Georgia, Minnie Lue
lived and studied cooking in
New York. She moved to
North Richmond in 1948.
Her restaurant and blues
club were the center of
culture, cuisine, music, and
means to spread political
ideas.
.
Many North Richmond
residents were first
introduced to political activism there, and voter registration took place in these venues. The Black Panters were regulars to many of the clubs, and they helped employ many in the community.
In 1958 Minnie Lue’s became the first African American establishment in Richmond to obtain a full liquor license.
3-21-23, CC Mtg.
The Pitcher (representation
of Charlie Reid
Charlie Reid was a famed
pitcher in the Bay Area
Negro Leagues for the
Colored Pierce Giants based
in Oakland. He became the
recreation director at North
Richmond's Shields Park in
the 1940s where he
organized recreation and
sports activities for youth
and adults in the
community. Mr. Reid
played an integral role in the
development and growth of
most all the North
Richmond youth. He was instrumental in directing competitive leagues and tournaments for basketball and baseball that attracted players from all over the Bay Area to North Richmond. “Richmond police as well as the housing authority pressed the city recreation department to forbid integrated activities, so where projects for whites and projects for blacks shared recreational and sports facilities, the authority designated special hours for African American use. The authority maintained separate social programs for whites and blacks—Boy and Girl Scout troops and movie screenings, for example. A policy of segregation was adopted, explained the authority’s director, for the purpose of “keeping social harmony or balance in the whole community.” Another housing authority official insisted that “Negroes from the South would rather be by themselves.” The Color of Law: A Forgotten History of How Our Government Segregated America by Richard Rothstein (Liveright Publishing Corporation, a division of W. W. Norton & Company, 2017, 345 pp.,
27.95.)
3-21-23, CC Mtg.
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
3-21-23, CC Mtg.
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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 Contract's termination (or for any 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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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, 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
3-21-23, CC Mtg.
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 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.
3-21-23, CC Mtg.
General Conditions/EJ/TE 01-19-11 13 of 13
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.
3-21-23, CC Mtg.
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):
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, 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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
3-21-23, CC Mtg.
CITY OF RICHMOND
Sanctuary City Compliance
Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understandsthat it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting servicesto ICE.
Contractor further understands and agrees that Contractor'sfailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ______ ____ , 20__ , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Exhibit G
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
By: Title:
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
3-21-23, CC Mtg.
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:
Arts & Culture Division
3-21-23, CC Mtg.
1 Shields-Reid Park Public Art RFQ/RFP Application
Shields-Reid Park Public Art Opportunities
Request for Qualifications/Proposals (RFQ/RFP) Application The City of Richmond is now seeking artists and artist groups to apply for twelve unique public art opportunities for Shields-Reid Park in North Richmond.
Click here to view the Request for Qualifications/Proposals.
Please thoroughly review the Requestion for Qualifications/Proposals prior to completing your application.
A Call for Artists Webinar was hosted on September 29, 2022. Click here to view the webinar recording.
The deadline to apply is 11:59 pm on November 15, 2022. This submission portal will automatically close after the deadline.
Questions? E-mail [email protected]
Having technical issues with submitting your application? E-mail [email protected]. City staff technical support will be available until 8:00 pm on November 15, 2022. Please make sure all of your file sizes are below 20 MB if you have encountered issues with submission.
3-21-23, CC Mtg.
2 For more information on the history of the Richmond Arts and Culture Commissions and the Public Art program, please go to: www.ci.richmond.ca.us/2064/Arts-Culture.
1. Lead Artist Name Alexandra Bowman
2. Names of Team Members Unknown assistant painters from New Bohemia Signs, SF
3. E-mail Address [email protected]
4. Phone Number 818-486-0102
5. What is your public art concept?
(What message are you seeking to
portray?)
My public art concept is to create a mural that becomes a love letter to the 1940s blues/jazz scene in North Richmond, specifically depicting a vibrant and colorful Minnie Lou's and Savoy Club. Out of all the information I researched, I gravitated towards the videos of residents and former Mayor, George Livingston, discussing the musical history of 1940s Richmond, CA. The interviewees exude pride over their neighborhood and what was clearly an exciting era. This story is not only about music but about joy, black-owned businesses, community, prosperity and social history. These stories hold power and must be loudly celebrated and memorialized to honor those who came before us and to educate newcomers on the value of this multi-faceted and beautiful city .
6. Please give as much detail as
possible including medium,
dimensions, title, etc.
At approximately 470sq feet spanning all 4 walls, I will paint the background a solid color and then project the line-work onto each individual section of wall. I will then outline the linework with black paint. The next day, I will set up additional drop cloths, water, snacks and engage in a community paint day. The remainder of the project will be spent color-blocking and adding a sharp black outline. I will finish by signing and sealing the wall with anti-graffiti and installing an anti-rust metal plaque that provides information about the mural and the history it portrays. The title will also reference the musical genre and will be titled something similar to North Richmond Blues.
Note: All paint will be Benjamin Moore Aura. This specific paint is higher quality than standard house paint. It is durable, opaque and traditionally used for bathrooms so is suitable for wet environments like Richmond. I have used this exact paint on many murals close to the water, and it is preferred by professional sign painters and muralists in the Bay Area.
7. Please upload a proposed concept
drawing. Include examples of similar
work you have completed previously
and sketches of proposed
work/project.
7.Abowman-Sketches.pdf
7a. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
Field not completed.
3-21-23, CC Mtg.
3 7b. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
Field not completed.
8. Which public art site(s)? Select all
that apply.
Sites #2a, 2b, 2c, 2d
9. How will you engage members of
the North Richmond community in
your project?
I love the idea of engaging a community for a neighborhood art project because they are the most valuable and relevant of all viewers. I always envision members of the neighborhood visiting the site and thinking, “I helped paint that, I was there.” There is no better way to see yourself reflected than when you physically put yourself into a space and make your mark. For this reason I will design a poster showcasing the mural design and date and time of event to invite community members and school-age children to help paint. This poster will be printed preferably by someone from or in the North Richmond area and distributed. I would like to reference the Blues posters from back in the day and make this poster more than an invitation, but a piece of art or collectible. Community paint day will start at 9 am and go until around 2 pm. Snacks and water will be provided as well as an easy-to-read color map and supplies for people of all ages. (A note: I will not allow anyone to get onto a ladder or scaffolding during community paint day. You must stand or sit while painting only.)
(Section Break)
10. Budget
Please enter your proposed budget line items into each field below, or submit a budget as an attachment.
Budgets uploaded as an attachment should contain the following line items:
o Materials
o Artist Fee
o Art Fabrication Expense
o Installation Cost
o Insurance
o Fees Paid to Others (Stipends)
o Total Cost (Add All Line Items)
Budget Input I will input my budget in the fields on this form.
Materials 10,000
Artist Fee 30,000
Art Fabrication Expense 1,500
3-21-23, CC Mtg.
4 Installation Cost 10,000
Insurance 500
Fees Paid to Others (Stipends) 20,000
Total Cost (Add All Line Items) 72,000
(Section Break)
11. How long will it take to create and
install your work of art?
It will take me 2 weeks from start to finish. Below is a rough estimate of what my schedule will be, giving myself an extra few days to account for: issues, weather, lag in timeline, days off etc.
Day 1: paint background color
Day 2: Project and outline sketch
Day 3: Begin Color-blocking
Day 4: Community paint day
Day 5: continue to color block
Day 6: continue to color block
Day 7: Outline wall 2a-2b
Day 8: Outline wall 2c-2d
Day 9: Touch up
Day 10: Touch up
Day 11: Sign and coat with anti graffiti (clean up)
12. What resources would you need
to implement this project? Please be
as specific as possible.
I will need 2 rolling scaffolding platforms and 2 ladders that can reach 8 feet. I will need access to a plug or a generator rental to plug in and project the design. I will also need access to the site after dark for 1 day and a few hours. While painting in the dark, I will need to hire or have access to a security guard—especially if the site is under construction as I will be carrying expensive equipment to project the design. I would love to have a place within the building where I can store my supplies overnight and would ideally need access to a sink or hose for brushes and a restroom.
I will need part of my fee paid up front so I can purchase the supplies before I start.
The list of supplies will be: drop cloths to cover entire length of site being painted.
Primer (if unprimed), scaffolding, ladders, paint, anti-graffiti sealant, brushes, tape, tubs for paint and water. I will also hire at least 2 painters to assist me so will need to extend site clearance, if any, to at least 2 additional people.
13. Upload a copy of your artistic
resume along with resumes of your
team members. Please merge all
resumes into one document.
13.CV+Bio_abowman.pdf
14. Upload a document with two
references including name, e-mail,
phone number, project, etc.
14.Refrences_abowman.pages
3-21-23, CC Mtg.
5 15. Upload work samples - no more
than five PDF images with annotated
list showing range of art styles and
additional information (art, media,
scale, price, location, year, etc.)
Please merge all images into one PDF
document.
15.MuralExamples_abowman.pdf
16. Upload proof of residency. 16.ProofofRes.png
Things to Consider:
Please note that if your proposal is selected for a grant award, you will be required to comply with additional requests for required information and/or documents prior to receiving grant funding, including but not limited to:
1. A signed contract with a Purchase Order and Contract number.
2. A City of Richmond business license (fees are not reimbursable). For more information on the business license visit
https://etrakit.ci.richmond.ca.us/login.aspx?lt=either&rd=~/BusinessApplication/confirmation.aspx
3. A Tax Form W-9: https://www.irs.gov/pub/irs-pdf/fw9.pdf
4. An invoice from the artist to the City of Richmond requesting payment.
5. Proof of insurance for any paid artists working on this project.
6. A COVID-19 Plan to meet requirements for in-person meetings and activities, including but not limited to social distancing (6 feet between participants), wearing masks and gloves, limited team/volunteer in-person meetings, and disinfecting materials and spaces as needed, etc.
7. Any artist who receives awarded art funds shall give City of Richmond and grant source credit as a sponsor for the public art project i.e. mural, social media, etc. A high-resolution City of Richmond logo will be provided upon request.
Email not displaying correctly? View it in your browser.
3-21-23, CC Mtg.
Concept sketch #1 for wall 2b or 2c
3-21-23, CC Mtg.
3-21-23, CC Mtg.
Color Study Page 410 of 1935
3-21-23, CC Mtg.
Concept 1 - Full bleed image containing
movement, dancing and music. The full
scene will extend to all walls.
3-21-23, CC Mtg.
Concept 2- Separate scenes on either side
of windows/doors depicting dancing,
music and movement. These vignettes will
extend to all walls.
3-21-23, CC Mtg.
Shields-Reid Park
Mural Proposal By: Alexandra Bowman
Back Wall Site 2a, 2b, 2c and 2d—North Richmond, CA
Theme
Materials
+1 (818) 486-0102 / @alexbowman / www.alexandrabowman.com / [email protected] This public art proposal combines themes of both
basketball and music within the context of North
Richmond’s vibrant history.
The mural specifically references Charlie Reid's Twilite outdoor basketball league and the city’s relationship to blues and soul music. Within the composition are symbols of movement, wind, joy, community, diversity, nostalgia and prosperity.
1. Plastic and canvas drop cloths
2. Primer
3. Painters workbench
4. Ladders (2)
5. Acrylic Paint*
6. Anti-graffiti sealant
7. Brushes
8. Tape
9. Tubs for paint and water.
10. Rollers
11. Paint Trays
12. Generator or extra long extension chord.
13. Masks and Gloves
Extra Community Outreach Materials
Aprons, Brushes, Paint Cups enough for 10-20 people.
*All paint will be Benjamin Moore Aura. This specific paint is higher quality than standard house paint. It is durable, opaque and traditionally used for bathrooms, so is suitable for wet environments like Richmond. I have used this exact paint on many murals close to the water, and it is preferred by
professional sign painters and muralists in the Bay Area. 2a 2b
2c 2d
Schedule
Preliminary Tasks
Day 1: Solidify outreach dates and get
posters printed and delivered
Day 2: Ryse presentation and outreach
Prep
1. Print out mural binders with schedule
and color map
2. Shop for supplies
3. Mix colors in studio
Schedule Overview
Day 1: Prime and set-up
Day 2: Paint background
Day 3: Finish Background and project
outlines
Day 4: Start color blocking
Day 5: Youth Community Paint Day!
Day 6: Finish color blocking
Day 7: Outline walls 2a-2b
Day 8: Outline walls 2c-2d
Day 9: Touch up
Day 10: Seal with anti-graffiti, sign and clean
Day 11: Extra day to account for any delays
Budget
Materials
Paint—Acrylic paint, primer, anti-graffiti: $2,000
Height—Ladders and bench: $600
Tools—Brushes, drop cloths, buckets, PPE etc: $800
Artist Fees
General Fee—(20$ a sq foot at approx 1,890 sq feet): $35,000 Artist Transportation: $200
Meals: $500
Concept design: $5,000
Design Edits: $2,000
Poster Fabrication: $2,500
Liability Insurance: $1,200
Business License: $200
Installation Labor: $10,000
Fees Paid To Others
Food and Beverage for Youths: $1,000
Supplies for youth—(aprons, paint cups, extra brushes): $500 Transportation for Students: $500
Security Guard on Projection Night: $500
Assistant: $10,000
Videographer on Youth Paint Day: $1,500
Total Fee: $74,000
Community
Engagement
I will engage the Richmond youth for a neighborhood art project—not only are they the most valuable and relevant of all viewers, but are the future of the city.
1. I will design a poster showcasing a crop of the mural and date and time of event to invite youth members to help paint.
I will drop these prints at the doors of surrounding neighbors and at Ryse Youth Center in Richmond. The announcement
will be on high quality paper and fabricated by Chime Printing located at 1065 Hensley St in Richmond. The poster will reference Blues show fliers from post WWII America, making this more than just an invitation, but a piece of collectible art.
2. I will set up a meeting at Ryse Youth Center to make a presentation about my art practice for those interested in visual art and offer Youth Center students the opportunity to assist me on community paint day. (I will personally coordinate with Tara Malik; Media, Arts, & Culture Director to get students involved and safely transported to the site if needed.)
3. Paint day will start after the wall has been primed, the background has been painted and the outlines have been
made. The day will be spent color blocking—from 9 am to around 2 pm. Light snacks, fruit and water will be provided in the morning and lunch will be catered in the afternoon from a local restaurant. I will distribute easy-to-read color maps and supplies and hire Isaiah Grant: video production assistant at Ryse to document the event.
4. I will donate $2,000 of my artist fee to Ryse Youth Center.
Placement
Walls 2a, 2b, 2c and 2d:
The direction of the mural will move
from left to right, inviting viewers that
approach from the street to walk the
length of the mural—towards the
right-most entrance door.
The art will live opposite the basketball
courts which are painted with a royal
blue. I will be using that same hue as
the background of the mural to
complement the space.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
3-21-23, CC Mtg.
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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 Contract's termination (or for any 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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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, 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
3-21-23, CC Mtg.
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 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.
3-21-23, CC Mtg.
General Conditions/EJ/TE 01-19-11 13 of 13
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.
3-21-23, CC Mtg.
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):
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, 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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
3-21-23, CC Mtg.
CITY OF RICHMOND
Sanctuary City Compliance
Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understandsthat it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting servicesto ICE.
Contractor further understands and agrees that Contractor'sfailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ______ ____ , 20__ , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Exhibit G
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
By: Title:
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
3-21-23, CC Mtg.
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:
Arts & Culture Division
3-21-23, CC Mtg.
1 Shields-Reid Park Public Art RFQ/RFP Application
Shields-Reid Park Public Art Opportunities
Request for Qualifications/Proposals (RFQ/RFP) Application The City of Richmond is now seeking artists and artist groups to apply for twelve unique public art opportunities for Shields-Reid Park in North Richmond.
Click here to view the Request for Qualifications/Proposals.
Please thoroughly review the Requestion for Qualifications/Proposals prior to completing your application.
A Call for Artists Webinar was hosted on September 29, 2022. Click here to view the webinar recording.
The deadline to apply is 11:59 pm on November 15, 2022. This submission portal will automatically close after the deadline.
Questions? E-mail [email protected]
Having technical issues with submitting your application? E-mail [email protected]. City staff technical support will be available until 8:00 pm on November 15, 2022. Please make sure all of your file sizes are below 20 MB if you have encountered issues with submission.
3-21-23, CC Mtg.
2 For more information on the history of the Richmond Arts and Culture Commissions and the Public Art program, please go to: www.ci.richmond.ca.us/2064/Arts-Culture.
1. Lead Artist Name Edwin Marmanillo
2. Names of Team Members solo artist
3. E-mail Address [email protected]
4. Phone Number 6462880547
5. What is your public art concept?
(What message are you seeking to
portray?)
I believe Richmond public art should capture the history and evolution of its culture and social economy and inspire new generations to improve their quality of life.
The proposal called Spiral ladder is an interpretation of the evolution of Richmond during 4 specifics periods of time, where the present and future takes the higher stage.
6. Please give as much detail as
possible including medium,
dimensions, title, etc.
The sculpture inserted in the middle of the path with its four panels in gradient invites the residents to walk around it to engrave in their minds the times of hard work (Panel A) the shortest panel shows how women played an important role in Richmond’s economy working on the Kaiser shipyard; (Panel B) shows how sports as an outlet of economical hardship became important in young adults to overcome difficulties. Charles Reid as baseball player became the godfather of Richmond. (Panel C) Shows how music especially blues gave entertainment to Richmond residents and the Bay area. Finally (Panel D) represents the present time and Richmond’s future, where arts, and technology are aspiration to growth.
The sculpture overall height is 6 feet tall and 20" wide: 4 feet panels with two legs (2 feet ). The base of the sculpture is 9' long and 2.5 feet wide (the footing / treble note) The four panels in stainless steel (blackened patina) and corten (natural rust) material are laser cut with the images of the events described above. They are attached to a stainless steel frame support by base plates. Using as a footing a treble clef note made of corten steel embedded in the pathway.
The size and scale of the sculpture have been thoughtfully considered, and intended to be installed in the middle of the garden pathway, where adults and children can cross their ways without interruption or collision. The Spiral ladder is bi-directional and meant to be approached from many angles.
7. Please upload a proposed concept
drawing. Include examples of similar
work you have completed previously
and sketches of proposed
work/project.
Final Presentation Edwin Marmanillo.pdf
7a. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
Field not completed.
3-21-23, CC Mtg.
3 7b. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
Field not completed.
8. Which public art site(s)? Select all
that apply.
Site #3
9. How will you engage members of
the North Richmond community in
your project?
I am allocating 13% of the overall budget to hire local residents with no experience.
The involvement will be in transporting materials and assisting metal fabricators.
Eventually selected individuals will learn the trades of metal fabrication (cutting, welding, sanding and moving metal parts).
(Section Break)
10. Budget
Please enter your proposed budget line items into each field below, or submit a budget as an attachment.
Budgets uploaded as an attachment should contain the following line items:
o Materials
o Artist Fee
o Art Fabrication Expense
o Installation Cost
o Insurance
o Fees Paid to Others (Stipends)
o Total Cost (Add All Line Items)
Budget Input I will upload my budget as an attachment.
Upload your budget below. PROJECT DESCRIPTION.2.pdf
(Section Break)
11. How long will it take to create and
install your work of art?
Overall estimated time 13 weeks
12. What resources would you need
to implement this project? Please be
as specific as possible.
I will have the support of experienced metal fabricators at the shop of Ferrous Studios, (a local metal fabrication company) we will purchase material from local vendors (Seaport stainless) for the concrete work, we will subcontract with a local contractor and I will use the assistance of selected local residents.
13. Upload a copy of your artistic
resume along with resumes of your
team members. Please merge all
resumes into one document.
Edwin Marmanillo 2022 resume.pdf
3-21-23, CC Mtg.
4 14. Upload a document with two
references including name, e-mail,
phone number, project, etc.
Professional references.pdf
15. Upload work samples - no more
than five PDF images with annotated
list showing range of art styles and
additional information (art, media,
scale, price, location, year, etc.)
Please merge all images into one PDF
document.
Edwin Marmanillo Portfolio 2022.pdf
16. Upload proof of residency. ID Edwin.jpg
Things to Consider:
Please note that if your proposal is selected for a grant award, you will be required to comply with additional requests for required information and/or documents prior to receiving grant funding, including but not limited to:
1. A signed contract with a Purchase Order and Contract number.
2. A City of Richmond business license (fees are not reimbursable). For more information on the business license visit
https://etrakit.ci.richmond.ca.us/login.aspx?lt=either&rd=~/BusinessApplication/confirmation.aspx
3. A Tax Form W-9: https://www.irs.gov/pub/irs-pdf/fw9.pdf
4. An invoice from the artist to the City of Richmond requesting payment.
5. Proof of insurance for any paid artists working on this project.
6. A COVID-19 Plan to meet requirements for in-person meetings and activities, including but not limited to social distancing (6 feet between participants), wearing masks and gloves, limited team/volunteer in-person meetings, and disinfecting materials and spaces as needed, etc.
7. Any artist who receives awarded art funds shall give City of Richmond and grant source credit as a sponsor for the public art project i.e. mural, social media, etc. A high-resolution City of Richmond logo will be provided upon request.
Email not displaying correctly? View it in your browser.
3-21-23, CC Mtg.
PROJECT DESCRIPTION
I believe Richmond public art should capture the history and evolution of its culture and social economy and inspire new generations to improve their quality of life. The proposal called Spiral ladder is an interpretation of the evolution of Richmond during 4 specifics periods of time, where the present and future takes the higher stage.
The sculpture inserted in the middle of the path with its four panels in gradient invites the residents to walk around it to engrave in their minds the times of hard work (Panel A) the shortest panel shows how women played an important role in Richmond’s economy working on the Kaiser shipyard; (Panel B) shows how sports as an outlet of economical hardship became important in young adults to overcome difficulties. Charles Reid as baseball player became the godfather of Richmond. (Panel C) Shows how music especially blues gave entertainment to Richmond residents and the Bay area. Finally (Panel D) represents the present time and Richmond’s future, where arts, and technology are aspiration to growth.
THE SCULPTURE
The four panels in stainless steel (blackened patina) and Corten (natural rust) material are laser cut with the images of the events described above. They are attached to a stainless steel frame support by base plates. Using as a footing a treble clef note made of Corten steel embedded in the pathway.
The size and scale of the sculpture have been thoughtfully considered, and intended to be installed in the middle of the garden pathway, where adults and children can cross their ways without interruption or collision. The Spiral ladder is bi-directional and meant to be approached from many angles.
3-21-23, CC Mtg.
MATERIALS-METHODS & MAINTENANCE
Material List
1/4" thick 304 stainless steel plate for the panels with cold fastened to 304 stainless steel frame made of 1 1/2 “ angle.
1/4" thick weathered steel for the accent panels and footing.
Methods
Site preparation will include the excavation of soil for sub-grate concrete pier foundation for the based plates of the sculpture. For the footing (treble note) cutting the existing pavement to embed the 1/4” thick Corten footing/accent plate.
The fabrication of the sculpture would occur off-site and be transported to the site in parts to be mounted and ensemble.
Installation of sculpture would include on site concrete pouring, and the panels will be attached to the frame with tamper-resistant bolts.
Maintenance
No maintenance would be required for the sculpture, since all material is in 304 stainless steel blackened patina finish and the Corten will rust naturally.
3-21-23, CC Mtg.
ELEVATIONS
PANEL A
PANEL B
3-21-23, CC Mtg.
PANEL C
PANEL D
3-21-23, CC Mtg.
PROPOSED BUDGET ALLOCATION
TIMELINE
3-21-23, CC Mtg.
PROPOSAL
I believe Richmond public art should capture the history and evolution of its culture and social economy while also encouraging growth and expansion. The proposal called "Spiral Ladder" is an interpretation of the evolution of Richmond during 4 specifics periods of time. It intends to celebrate the accomplishments in sports, music and inspire young generations to reach their dreams and to explore their potentials.The sculpture inserted in the middle of the path with its four panels in gradient invites the residents to walk around and engrave in their minds the important events of their community. THE SCULPTURE The shape is predominantly vertical and points to the sky with spiral stairs at the crown. It is composed of four panels in stainless steel (blackened patina) andcorten steel (natural rust) materials, which shows selected images of the events of the history of Richmond and recreates schematic drawings to remind residentsand visitors of prominent memories.
The panels are attached to a stainless steel frame made out of angles and anchored to a footing with the shape of a treble clef note made of corten steel embedded in the existing pathway.
The size and scale of the sculpture has been thoughtfully considered. It is intended to be installed in the middle of the garden pathway where adults and children can cross their ways without interruption or collision. The Spiral Ladder is multi-directional and meant to be approached from many angles.
MATERIALS, FABRICATION, INSTALLATION & MAINTENANCE Material List 1/4" thick 304 stainless steel plate for the panels with cold fastened to 304 stainless steel frame made of 1 1/2 “ angle. 1/4" thick weathered steel for the accent panels and footing. Fabrication & Installation The fabrication of the sculpture would occur off-site and be transported to the site in parts to be mounted and assembled.
Site preparation would include removal/disposal of the 2 exiting benches and the excavation of soil for subgrade concrete pier foundation for the base plates of the sculpture. The installation would include on site concrete pouring, and the panels will be attached to the frame with tamper-resistant bolts.
For the footing (treble note) cutting the existing pavement to embed the 1/4” thick Corten footing/accent plate. Maintenance No maintenance would be required for the sculpture, since all material is in 304 stainless steel blackened patina finish and the Corten will rust naturally. COMMUNITY ENGAGEMENT & RESOURCES I am allocating 13% of the overall budget to hire local residents with no experience. The involvement will be in transporting materials and assisting metal fabricators. Eventually selected individuals will learn the trades of metal fabrication (cutting, welding, sanding and moving metal parts).
I would have the support of experienced metal fabricators at the shop of Ferrous Studios Inc.(a local metal fabrication company) we will purchase material from local vendors (Seaport stainless) for the concrete work, we would subcontract with a local contractor and I would recruit the assistance of selected local residents. PANEL "A": 1940-1945 PANEL "B": 1950 ~ PANEL "C": 1940 - late1970s PANEL "D": PRESENT - FUTURE Rivets on curve plate (Leg) Laser cut images on Stainless Steel sheet mounted over S.S. angle frame Stainless steel standoff for mounting panels S.S. Square tubing (leg)
Corten plate 32" x 93" (footing)
The shortest panel brings us back during the time of the war where civilians, especially women, played an important role in Richmond's economy. They worked on the Kaiser shipyard which served as a fundamental aspect of creating community and support for their families.
Represents how sports was an outlet to escape the economic hardship. Basketball and baseball became important for young adults to channel their skills in something positive. Charles Reid a baseball player (located at the bottom of the panel) became "The Godfather" of Richmond.
Represents how music, especially blues and jazz, offered entertainment toRichmond residents and the Bay area.
The largest panel represents the present time and Richmond’s future, where arts and technology are tools to launch a new level of growth. PANEL "B" SELECTED IMAGES Twilite league (above) Charles Reid (bellow) PANEL "A" SELECTED IMAGE Ship WWII (above) A woman-riveter (bellow) PANEL "C" SELECTED IMAGES Ship WWII (above) A riveter woman (bellow) PANEL "D" SELECTED IMAGES Sky rocket (above) young people learning to use technology (bellow) PROPOSED BUDGET ALLOCATION TIMELINE Page 454 of 1935 3-21-23, CC Mtg.
SITE 3 HABITAT GARDEN
EDWIN
MARMANILLO
Line Items Description Materials Design/Prototype Fabrication Finishing Installation Linear Ft./Qty. Total Each Total 1 Site visit (2 hr.) Shop drawings (10 hrs), Admin (4 hrs) $0.00 $2,240.00 $0.00 $0.00 $0.00 1 $2,240.00 $2,240.00 2 304 SS plate (laser cut) mounted to 1 1/2" SS angle frame w/Base plate & 1/4"corten footing (Treble note) $8,500.00 $0.00 $38,400.00 $3,220.00 $0.00 1 $50,120.00 $50,120.00 3 Poured in place concrete & cutting pavement for footing $4,000.00 $0.00 $2,560.00 $0.00 $0.00 1 $6,560.00 $6,560.00 4 Community involvement $0.00 $0.00 $11,520.00 $0.00 $0.00 1 $11,520.00 $11,520.00 5 Artist fee & Structural engineering $14,760.00 $0.00 $0.00 $0.00 $0.00 1 $14,760.00 $14,760.00 6 Installation $0.00 $0.00 $0.00 $0.00 $3,520.00 1 $3,520.00 $3,520.00 $88,720.00
ESTIMATED BUDGET ALLOCATION
Design/Shop/Meeting Allowance
Prototype/Fabrication
Installation $120/ hour
SITE 3- HABITAT GARDEN - ART WORK
TOTAL
Labor Rates:
$140 / hour
$120 / hour
COST ESTIMATE PROJECT: PROJECT #: DATE:
RICHMOND-ARTS & CULTURE COMMISSION # 006 01/05/2023
3-21-23, CC Mtg.
SITE 3 – Edwin Marmanillo
DELIVERABLES LIST:
1. Foam core Board presentation panel (30” x40”)
2. Aluminum table easel for foam core panel.
3. 3D model of proposal
4. USB drive with the proposal & budget.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
3-21-23, CC Mtg.
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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 Contract's termination (or for any 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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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, 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
3-21-23, CC Mtg.
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 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.
3-21-23, CC Mtg.
General Conditions/EJ/TE 01-19-11 13 of 13
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.
3-21-23, CC Mtg.
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):
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, 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.
3-21-23, CC Mtg.
___ Exhibit F
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
3-21-23, CC Mtg.
CITY OF RICHMOND
Sanctuary City Compliance
Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understandsthat it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting servicesto ICE.
Contractor further understands and agrees that Contractor'sfailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ______ ____ , 20__ , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Exhibit G
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
By: Title:
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
3-21-23, CC Mtg.
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:
Arts & Culture Division
3-21-23, CC Mtg.
1 Shields-Reid Park Public Art RFQ/RFP Application
Shields-Reid Park Public Art Opportunities
Request for Qualifications/Proposals (RFQ/RFP) Application The City of Richmond is now seeking artists and artist groups to apply for twelve unique public art opportunities for Shields-Reid Park in North Richmond.
Click here to view the Request for Qualifications/Proposals.
Please thoroughly review the Requestion for Qualifications/Proposals prior to completing your application.
A Call for Artists Webinar was hosted on September 29, 2022. Click here to view the webinar recording.
The deadline to apply is 11:59 pm on November 15, 2022. This submission portal will automatically close after the deadline.
Questions? E-mail [email protected]
Having technical issues with submitting your application? E-mail [email protected]. City staff technical support will be available until 8:00 pm on November 15, 2022. Please make sure all of your file sizes are below 20 MB if you have encountered issues with submission.
3-21-23, CC Mtg.
2 For more information on the history of the Richmond Arts and Culture Commissions and the Public Art program, please go to: www.ci.richmond.ca.us/2064/Arts-Culture.
1. Lead Artist Name Lewis Watts
2. Names of Team Members Raymond Holbert
3. E-mail Address [email protected]
4. Phone Number 510-484-8462
5. What is your public art concept?
(What message are you seeking to
portray?)
am very interested in examining, rendering and exhibiting issues of history, culture and contemporary life in the communities where these things are taking place. I see this as an opportunity to do just that in North Richmond, a community with a very rich musical history and a diverse population with multiple and overlapping cultures. My experience is that people respond very favorably when they have a chance to have their voices and experience acknowledged and when family photographs and artifacts are used in a public way to express those narratives. I will continue my practice of researching and collecting stories and imagery from members of the communities as well as neighborhood institutions, schools and churches. I will use my experience in helping to produce the historical markers along the Bay Trail in the Rosie the Riveter Home Front National Park as well as producing the book “Harlem of the West: The San Francisco Fillmore Jazz Era” which documented the strong musical and cultural life in this San Francisco community that was erased by redevelopment.
6. Please give as much detail as
possible including medium,
dimensions, title, etc.
As a photographer, historian and visual artist I am very interested in gathering materials and narratives from North Richmond. This community has a rich musical tradition that was a product of the “Great Migration” when African American came from the south to work in the ship yards around the Bay Area and West Coast.
There are a variety of media that will allow this information to be celebrated and presented. It is possible to produce prints on paper, canvas, metal and other surfaces that will hold up to the elements and allow the community to access these stories on at the stage site. I would want the printed material to be presented as large as 15ft. or so with image and text to function in similar ways to theatrical backdrops, bill boards and advertising. The actual materials and scale will be determined by the architecture they will be placed on and their access from outside. My team member Raymond Holbert and I are both visual artists with experience at working with graphic design at large scale. I also have experience in restoring archival images using digital means. I am a Richmond resident and Raymond has a studio in here and we are both invested in the good in this community.
7. Please upload a proposed concept
drawing. Include examples of similar
work you have completed previously
and sketches of proposed
work/project.
Lewis Watts Rosie the Riviter Narional Park Trail Historical Markers Dedication 2004.jpg
3-21-23, CC Mtg.
3 7a. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
Historical Photo MacDonald Ave Book Page_01.jpg
7b. (Optional) Upload additional
proposed concept drawings or
examples of similar work.
Installation from Harlem of the West on Fillmore Street San Francisco.jpg
8. Which public art site(s)? Select all
that apply.
Sites #4a, 4b
9. How will you engage members of
the North Richmond community in
your project?
will use the offices and existing archives of Richmond Public Arts & Culture Commission as well as my own experience to do outreach in the communities to find stories and images of the clubs, musicians, recording studios and the interaction between what was happening in Richmond and in the rest of the Bay Area. I have found in my recent work gathering material for the International African American Museum that is opening in Charleston South Carolina, that people respond when you show them examples of what it is that you found and if they can sense that you are sincere.
(Section Break)
10. Budget
Please enter your proposed budget line items into each field below, or submit a budget as an attachment.
Budgets uploaded as an attachment should contain the following line items:
o Materials
o Artist Fee
o Art Fabrication Expense
o Installation Cost
o Insurance
o Fees Paid to Others (Stipends)
o Total Cost (Add All Line Items)
Budget Input I will upload my budget as an attachment.
Upload your budget below. Lewis Watts Budget.docx
(Section Break)
11. How long will it take to create and
install your work of art?
It will take us approximately 4 months to research, render and execute the visual and written material that I see being placed on and around the stage.
3-21-23, CC Mtg.
4 12. What resources would you need
to implement this project? Please be
as specific as possible.
We will need digital storage and the use of commercial printing facilities to produce the visual materials for the installations. I will need a team to install the images. I would love to be able to find some students to help with the community outreach and research. This would expand the educational possibilities of the public art works.
13. Upload a copy of your artistic
resume along with resumes of your
team members. Please merge all
resumes into one document.
Raymond Holbert Resumes 2020.doc.rtfd.zip
14. Upload a document with two
references including name, e-mail,
phone number, project, etc.
References for Lewis Watts.docx
15. Upload work samples - no more
than five PDF images with annotated
list showing range of art styles and
additional information (art, media,
scale, price, location, year, etc.)
Please merge all images into one PDF
document.
Lewis Watts Work Samples.pdf
16. Upload proof of residency. Proof.pdf
Things to Consider:
Please note that if your proposal is selected for a grant award, you will be required to comply with additional requests for required information and/or documents prior to receiving grant funding, including but not limited to:
1. A signed contract with a Purchase Order and Contract number.
2. A City of Richmond business license (fees are not reimbursable). For more information on the business license visit
https://etrakit.ci.richmond.ca.us/login.aspx?lt=either&rd=~/BusinessApplication/confirmation.aspx
3. A Tax Form W-9: https://www.irs.gov/pub/irs-pdf/fw9.pdf
4. An invoice from the artist to the City of Richmond requesting payment.
5. Proof of insurance for any paid artists working on this project.
6. A COVID-19 Plan to meet requirements for in-person meetings and activities, including but not limited to social distancing (6 feet between participants), wearing masks and gloves, limited team/volunteer in-person meetings, and disinfecting materials and spaces as needed, etc.
7. Any artist who receives awarded art funds shall give City of Richmond and grant source credit as a sponsor for the public art project i.e. mural, social media, etc. A high-resolution City of Richmond logo will be provided upon request.
Email not displaying correctly? View it in your browser.
3-21-23, CC Mtg.
5
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
CITY OF RICHMOND
Shields-Reid Park
Sites 4a and 4b
Lewis Watts and Raymond Holbert 2023
3-21-23, CC Mtg.
3 Habitat Garden $90,000 $1,000
4a, 4b Stage Left and Right $200,000 $2,000
5 Gateway Park Entrance $70,000 $1,000
Site: Shields-Reid Park and Community Center, 1410 Kelsey St., Richmond CA 94801 • Click here to view the Shields-Reid Community Center Construction Drawings.
3-21-23, CC Mtg.
Shields-Reid Park, Performance Stage Site 4a & 4b
Designed and compiled by Lewis Watts & Raymond Holbert
These panels represent our research to date. The stage renderings are theoretical because the stage area has not been designed. For the site we want to mount the images on materials that will stand up to the elements and the test of time. We are thinking about metal, canvas, billboard material or possible adding archival printing right on the wall material (wood, stucco others?). That will be determined by the images and histories that we have begun to uncover from Doug Harris Media, The Richmond History Museum, The Richmond Public Library, and our own archives. We have connections to other sources who were not available over the holidays and we will gather information from the community once the process begins. We both have experience doing that in Richmond, The Fillmore District and New Orleans among other places. We will mine those histories and materials if we have the opportunity. The photographs, artifacts as well as the design of the performing space will also determine the finished form of our work. We are also thinking that imagery may well go both on the inside and outside walls of space so that it can accessed from the street. We are also taking into consideration whether there should be specific photo imagery directly behind the stage or if it should be a texture or blank and whether images would enhance or detract from the performers. We have developed designs that do both. What we are submitting are ways that we have been thinking about how the legacy and history of sports, entertainment and culture in North Richmond can be rendered visually in a public space. •
3-21-23, CC Mtg.
Lewis Watts & Raymond Holbert Budget
25% Administrative $ 50,000
20% Materials $ 40,000
20% Labor, artist’s fees $ 40,000
and subcontracts
25% Production and installation $ 50,000
5% Insurance $ 10,000
5%. Incidental fees $ 10,000
Total of for stage 4a & b $ 200,000
•
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
`
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
3-21-23, CC Mtg.
Images compiled from:
The Richmond Historical Museum
Doug Harris Media
The Richmond Public Library
Harlem of the West
The RIchmond High School Yearbooks
The Memorybanque Archives
And our Archives
3-21-23, CC Mtg.
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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:
3-21-23, CC Mtg.
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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 Contract's termination (or for any 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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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.
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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
3-21-23, CC Mtg.
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