Richmond City Council
May 2, 2023

Printed 09/07/2022
PlanetBids, Inc.
282
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
283
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
284
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
285
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
286
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
287
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
288
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
289
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
290
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
291
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
292
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
293
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
294
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
295
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
296
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
297
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
298
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
299
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
300
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
301
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
302
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
303
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
304
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
305
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
306
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
307
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
308
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
309
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
310
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
311
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
312
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
313
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
314
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
315
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
316
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
317
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
318
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
319
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
320
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
321
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
322
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
323
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
324
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
325
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
326
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
327
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
328
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
329
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
330
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
331
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
332
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
333
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
334
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
335
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
336
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
337
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
338
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
339
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
340
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
341
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
342
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
343
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
344
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
345
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
346
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
347
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
348
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
349
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
350
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
351
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
352
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
353
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
354
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
355
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
356
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
357
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
358
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
359
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
360
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
361
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
362
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
363
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
364
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
365
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
366
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
367
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
368
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
369
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
370
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
371
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
372
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
373
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
374
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
375
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
376
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
377
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
378
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
379
City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 09/07/2022
PlanetBids, Inc.
380
Vendor Name Smith and Wesson LC Action USIQ Curtis Blue Line 1 S&W M&P 2.0 $45,200.00
2 Red Dot Sight $45,588.00 $45,300.00
3 Streamlight $11,902.00 $12,304.00 $12,000.00
4 Holster $11,833.00 $11,520.00
5 Magazine Pouch $2,143.00 $2,090.00
$45,200.00 $71,466.00 $12,304.00 $70,910.00
Line Items
381
All State Police Equip Clyde Armory Professional Police Supply Proforce Law Enforcement $41,970.00 $44,650.00 $42,389.00
$44,700.00 $45,518.00 $46,668.00 $44,768.00
$11,815.00 $13,552.00 $12,115.00 $12,021.00
$12,180.00 $12,200.00
$2,245.00 $2,210.00
$98,485.00 $59,070.00 $117,858.00 $113,588.00
382
Lowest Line Item
$41,970.00
$44,700.00
$11,815.00
$11,520.00
$2,090.00
$112,095.00
383

May 2, 2023

Police Department

DATE: May 2, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police
Michelle Milam, Crime Prevention Manager
Subject:

Contra Costa County Health, Housing, and Human
Services Contract for Coordinated Outreach Referral and Engagement (CORE) Homeless Outreach Services
FINANCIAL IMPACT: Funding for the contract between the City and County for CORE will come from the Police Department’s approved
budget in the amount of $144,333 for Fiscal Year 2022-
2023, account string 01193021-400201.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The Police Department and Community Development are
requesting that the City Council authorize a contract with Contra Costa County (“County”) for Coordinated
Outreach Referral and Engagement (CORE) services for
fiscal year 2022-2023. CORE provides outreach and
support to unhoused people who reside in homeless
encampments.

RECOMMENDED ACTION:

RATIFY and APPROVE a sole-source contract with
Contra Costa County for Coordinated Outreach Referral
Engagement (CORE) services retroactive to July 1, 2022, with a term expiring June 30, 2023, for a total contract compensation amount not to exceed $144,333 – Police
Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
384

May 2, 2023
DISCUSSION:

Contra Costa County (“County”), through its Coordinated Outreach Referral and Engagement (CORE) service has been utilized to support existing efforts at homeless encampment sites. The CORE program provides direct access for unhoused individuals and facilitates access to the County’s various programs and other nonprofit systems of care. The CORE Homeless Outreach team provides onsite case management, coordinated entry and housing navigation, health care referrals, shelter placement, assessments, mental health, alcohol, and other drug treatment referrals and placements for the City’s unhoused population.

Contractual services for the Richmond/San Pablo CORE team are split between the City of Richmond and the City of San Pablo (60/40, respectively). From the reporting period of 1/2/2022 through 12/31/2022, CORE provided the following services:

CORE CONTACTS IN 2022
In 2022, CORE made a total of 3,198 contacts with unhoused individuals. Of that amount, 1,094 were unduplicated, 681 or 62.25 percent reported losing their housing in the City of Richmond, 81.08 percent indicated the last city they slept in was Richmond,

53.84 percent indicated they grew up in Richmond, and 34.55 percent indicated that they have friends and family in Richmond.

OTHER HOUSING LOSS LOCATIONS

23.76 percent reported losing housing in another city within Contra Costa, 13.9 percent reported losing their housing outside of Contra Costa County, and one client refused to provide an answer. The remaining 62.25 percent lost their housing in Richmond.

PRIOR LIVING SITUATION

The highest percentage of clients (93.33 percent), responded that their prior living situation was a place not meant for habitation (eg., A vehicle abandoned building, anywhere outside).

HEALTH INDICATORS

70.20 percent indicated that they have a disabling condition. Those disabilities are (Chronic Health Condition, Developmental Condition, HIV/AIDS, Mental Health Problem, or physical disability.) The most common disability listed was a mental health disorder, followed by a physical health disorder.

RACE/GENDER/ETHNICITY/STATUS – Notable figures

 32.99 percent were families, 69.74 percent were single  55.58 percent identified as male, 44.15 percent identified as female, and .18 percent identified as multi-gender
385

May 2, 2023
 18.28 percent were domestic violence survivors
 54.84 percent were African American followed by 23.95 percent white  21.94 percent were Hispanic/Latin(a)(o)(x)

CORE serves as a nexus to the Contra Costa System of Care which includes county shelters, residential treatment facilities, rapid rehousing, independent living, COVID-19 testing and treatment, transportation, mental health and AOD services, identification services, shelter and housing placement, and health and basic needs.

CORE works in tandem with other services that the City has invested in within the city and provides additional support and connection for the unhoused. CORE also assists in emergencies such as severe weather and the pandemic.

The CORE team is available to City staff to provide services directly to the population and works closely with various departments including police, fire, planning, code enforcement, public works, the City Manager’s office, CORE, and others to provide outreach services. CORE also collaborates with other unhoused city service contractors.

Although attempts were made to seek approval of this contract earlier, the approval process by both the County and the City required extensive back and forth reviews, updates, and changes. The draft contract was initially created in May 2022 and final County approval was received in February 2023. City staff were then able to start their contract approval process to seek approval at the next available City Council meeting.

DOCUMENTS ATTACHED:

Attachment 1 – One-year Contract Between the City and CORE Attachment 2 – Sole Source Agreement
Attachment 3 – After the Fact Form

386

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: / Ex
piration 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.

387

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
388
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:

389
For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

3. C
ontractor shall submit timely invoices (i.e. within 30 days of service performed) 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 a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 390
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:
391
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, 392
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. 393
General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 394
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 395
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.

396
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 397
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 398
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 399
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 400
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.

401
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 402
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.

403
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. 404
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):
405
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):

41. Sanctuary City Contracting Ordinance (SCCO) -- The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit H, prior to the execution of this Agreement.
406
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.

407
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

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

If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

408
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 409
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

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

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

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

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
410
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

Cancellation

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

Reporting Requirements

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

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

411

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, w
hich 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 ulti
mately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other sim ilar s
ervices."
Contractor understands that 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 services to ICE.

Contractor further understands and agrees that Contractor's failure 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) y
ears 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 for egoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT H
412
413
414
415
416

May 2, 2023

Department

DATE: May 2, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer

Subject:

Contract with Silverado Contractors Inc. for Terminal
Four Wharf Removal Project
FINANCIAL IMPACT: There will be no impact to the General Fund for this contract. The cost of this contract will be paid using grant funds awarded for the Terminal Four Wharf Removal
project by the State Coastal Conservancy (10661065-
400652-23021), Federal EPA funds, and mitigation funds
from development. The City has successfully raised
$6,930,439 towards this project. The construction
contract includes a Base Bid and Alternate “A”, and City staff is also requesting authorization to expend, if
necessary, a ten percent contingency. Additional grant funds of up to $1.6 million are being sought to implement Alt B. Work will only proceed where funding is secured.

PREVIOUS COUNCIL
ACTION:

NONE

STATEMENT OF THE
ISSUE:

Public Works is seeking approval to award a construction contract to Silverado Contractors Inc. for the Terminal Four Wharf Removal Project.

AGENDA
REPORT
417

May 2, 2023
RECOMMENDED ACTION:

APPROVE a contract with Silverado Contractors Inc. for
the Terminal Four Wharf Removal Project, in an amount
not to exceed $5,297,926, including Base Bid and
Alternate “A”, and authorize the Public Works Director to approve change orders, if necessary, for up-to a
contingency amount of $529,800 to be funded by the
State Coastal Conservancy grant, EPA Grant, and other
funds appropriated to this project – Public Works (Daniel Chavarria 510-620-5478 / Robert Armijo 510-620-5477).

DISCUSSION:

The Terminal Four Wharf Removal project consists of completing construction documents, derelict pilings demolition, removing decking, demolishing two buildings, and constructing enhanced rock slope protection, as well as monitoring at Terminal Four located at Point San Pablo, north of Point Molate.

The project is needed because the deteriorating warehouse, piles, decking, and debris of Terminal Four Wharf currently poses a marine debris problem, a navigation hazard, and continues to degrade and impair water and habitat quality. A key aspect of this project is that it will remove the environmentally hazardous creosote-treated wooden pilings from the San Francisco Bay.

The Terminal Four site is owned by the City of Richmond and is managed by the City’s Port. The site is located on the western shore of Richmond, California, approximately

2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo.

The City has been planning the removal of the creosote-treated piles, deteriorated wharf decking, and structures at the Terminal Four site for a number of years. The State Coastal Conservancy (SCC) has provided support and assistance with this project since 2017, primarily through facilitating funding and taking the lead on early design and environmental review. The goal is to start demolition work this June 2023. The City will be carrying out the implementation of the Terminal Four Wharf Removal Project as the property owner.

The City advertised the project for bid on February 27, 2023. On April 13, 2023, the City received the following two bids:

1. Silverado Contractors, Inc. - $5,297,926

2. Sierra Mountain Construction, Inc.- $8,730,556

City Staff reviewed the bids and determined that Silverado Contractors, Inc. is the lowest bidder. City staff have also determined that the low bid is responsive and responsible. As part of the services needed to implement the Project, Public Works staff is recommending that City Council award the construction contract to Silverado 418

May 2, 2023
Contractors Inc. for the Terminal Four Wharf Removal Project, in an amount not to exceed $5,297,926 including Base Bid and Alternate “A”, and authorize the Public Works Director to approve change orders, if necessary, for up-to a contingency amount of $529,800. This project is to be funded by various grants received by the City from the State Coastal Conservancy, Environmental Protection Agency and the San Francisco Bay Resotration Authority.

Environmental Documentation

On November 19, 2020, the State Coastal Conservancy (SCC), as lead agency under the California Environmental Quality Act (“CEQA”), adopted a final mitigated negative declaration for the project titled the Terminal Four Wharf, Warehouse, and Piling Removal Project Initial Study and Mitigated Negative Declaration (“MND”). The MND describes the proposed project and provides an assessment of the project’s potential significant adverse impacts on the environment. The MND concludes that the proposed project will not have any significant effects on the environment after implementation of project design features, conservation measures, avoidance and minimization and mitigation measures, and best management practices.

The MND was prepared in accordance with CEQA (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (California Code of Regulations Title 14, section 15000 et seq.). The SCC released the proposed MND for public review on April 9, 2020.

On March 16, 2021, the City Council adopted Resolution No. 30-21 adopting the Final MND and MMRP prepared by the SCC for the Terminal 4 Wharf Removal Project. The Notice of Determination was filed on March 23, 2021.

DOCUMENTS ATTACHED:

Attachment 1 – Bids Solicitation
Attachment 2 – Canvas of Bids
Attachment 3 – Construction Agreement
Attachment 4 – Silverado Contractors Inc. Bid
419
4/19/23, 9:09 AM PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/102726#bidInformation 1/3 Bid Detail
TERMINAL 4 WHARF, WAREHOUSE, AND PILING REMOV…
Project Title
TERMINAL 4 WHARF, WAREHOUSE, AND PILING REMOVAL PROJECT Invitation #
Bid Posting Date
02/27/2023 9:52 AM (PDT)
Project Stage
Closed
Bid Due Date
04/13/2023 2:00 PM (PDT)
Response Format
Electronic
Project Type
Bid
Response Types
Line Items
General Attachment
Type of Award
Lump Sum
Categories
91200 - Construction Services, General (Incl. Maintenance And Repair Services) 91242 - Demolition Services
91300 - Construction Services, Heavy (Incl. Maintenance And Repair Services) 95900 - Marine Construction And Related Services; Marine Equipment Maintenance And Repair 96834 - Dredging Services
96897 - Wrecking And Removal Services
License Requirements
Department
Port
Address
1322 Canal Blvd
Richmond, California
94804
County
Contra Costa
Bid Valid
Liquidated Damages
Estimated Bid Value
Start/Delivery Date
Attachment 1 - Bids Solicitation
420
4/19/23, 9:09 AM PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/102726#bidInformation 2/3 Pre-Bid Meeting Information
Online Q&A
Contact Information
Description
Project Duration
Pre-Bid Meeting
Yes - Mandatory
Pre-Bid Meeting Date
03/14/2023 1:00 PM (PDT)
Pre-Bid Meeting Location
A pre-bid conference will be held at 1:00 pm, Tuesday March 14, 2023, at the project site.

Online Q&A
Yes
Q&A Deadline
03/21/2023 5:00 PM (PDT)
Contact Info
Robert Stevens 925-523-4004
[email protected]
Bids to
Owner's Agent
Scope of Services
In general, the work to be performed includes the demolition of a wharf and warehouse as well as bank restoration.

This work includes, but is not limited to the following: compliance with State and Federal regulatory agency permits; preparation and implementation of a SWPPP; installation of a silt curtain; bathymetric surveys; clearing and grubbing; removal and disposal of wood, concrete, and steel both above and underwater; removal and disposal of piles of various types; management and disposal of hazardous materials; earthwork; placement of rock slope protection and all other work as shown on the Plans, as called for in the Special Provisions, and as directed by the Engineer.

Other Details
QUESTIONS: All questions regarding bid documents, construction plans, and specications must be submitted via the bids online system no later than 5:00 pm, Tuesday, March 21, 2023. Questions will be answered in a written response and will be available to bidders on the City’s website at www.ci.richmond.ca.us/bids no later than three (3) working days prior to the bid opening.

Notes
For assistance with downloading the Bid, please contact Patrick McKenzie at [email protected] Special Notices
Local Programs & Policies
421
4/19/23, 9:09 AM PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/102726#bidInformation 3/3 422
#6, 13th Street, Richmond, California 94804-3746 • Office 510-231-3008 • Fax 510-231-3014 Attachment 2 – Canvas of Bids

CANVAS OF BIDS
Public Works Department

APPARENT LOW BIDDER

Date: April 14
Project:

Terminal 4 Wharf, Warehouse and Piling Removal

Engineer’s
Estimate:

No of Bids
Received: 2

No. Name of Bidder (City) Total Bid Amount
1 Silverado Contractors Inc. $5,297,926
2 Sierra Mountain Construction Inc. $7,227,700

423
Attachment 3 – Construction Agreement
1 2018_Final Form

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ______ of ________ ___2023, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Silverado Contractors Inc.., (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS

A. On February 27, 2023, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of the Terminal Four Wharf Removal Project, located at western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo. (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”

Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

Section 1.3 Payments.
424
Attachment 3 – Construction Agreement
2 2018_Final Form

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.

(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.

(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.

(b) Contractor shall cause all work performed in connection with construction of the 425
Attachment 3 – Construction Agreement
3 2018_Final Form
Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.

(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56).

During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.

(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.

Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

426
Attachment 3 – Construction Agreement
4 2018_Final Form

Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements.

(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue 427
Attachment 3 – Construction Agreement
5 2018_Final Form
to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

428
Attachment 3 – Construction Agreement
6 2018_Final Form
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.

Section 1.10 Security In Lieu of Retention.

(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

429
Attachment 3 – Construction Agreement
7 2018_Final Form

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit 430
Attachment 3 – Construction Agreement
8 2018_Final Form
less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

431
Attachment 3 – Construction Agreement
9 2018_Final Form
As provided in SB 854 (Stats. 2014, ch. 28) : (a) no cont ractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirem ents of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public wo rk pursuant to Labor Code Section 1725.5 ( Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.

Section 1.13 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.

(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under 432
Attachment 3 – Construction Agreement
10 2018_Final Form
the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.

(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.

(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
433
Attachment 3 – Construction Agreement
11 2018_Final Form

(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.

(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.

(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees. 434
Attachment 3 – Construction Agreement
12 2018_Final Form
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2015 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City. (b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the 435
Attachment 3 – Construction Agreement
13 2018_Final Form
Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.

2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a dem and in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

3. Within ten ( 10) business days following the conc lusion of the mee t and confer conference, if the Claim or any portion of the Claim remains in dispute, City will provide Contractor a wri tten statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any pay ment due on an undisputed portion of the Claim will be processed and made within sixty ( 60) days after City issues its written statement. Any disputed portion of the Cl aim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor 436
Attachment 3 – Construction Agreement
14 2018_Final Form
shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third part y to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator i n connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remain ing in disput e shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its fai lure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code , shall not const itute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.

5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.

(f) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect. 437
Attachment 3 – Construction Agreement
15 2018_Final Form
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.

Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest.

(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to 438
Attachment 3 – Construction Agreement
16 2018_Final Form
such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.

(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and

(1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Daniel Chavarria

With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

(2) if intended for Contractor shall be addressed to:

Silverado Contractors Inc.
2855 Mandela Parkway
Oakland, CA 94608
Attn: Joseph Capriola

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

439
Attachment 3 – Construction Agreement
17 2018_Final Form
Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
440
Attachment 3 – Construction Agreement
18 2018_Final Form
Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

[Signatures on following page]

441
Attachment 3 – Construction Agreement
19 2018_Final Form
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:

_______________________
City Attorney

ATTEST:

_______________________________
City Clerk

CITY:

CITY OF RICHMOND, a municipal corporation and
charter city

By: _________________________________

Name: _________________________________
Its: __________________________________

CONTRACTOR:

Silverado Contractors Inc.

By: _________________________________

Name: _________________________________
Its: _________________________________
442
Attachment 3 – Construction Agreement
20 2018_Final Form
Exhibit A
Contractor to perform construction in accordance to Construction Plans and Specifications prepare by COWI, dated November 18, 2022 and bid dated April 13, 2023, attached. 443
Attachment 4 - Silverado Contractors Inc. Bid
444
445
446
447
448
449
450
451
452
453
454
455
456
See attached notary
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
Attachment 4 - Silverado Contractors Inc. Bid (Continued) 491
492
493
494

May 2, 2023

Public Works

DATE: May 2, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works,
Subject:

Contract with Swinerton for Construction Management
Services for the Terminal 4 Wharf Removal Project
FINANCIAL IMPACT: There will be no impact to the General Fund for this contract. The cost of this contract will be paid using grant funds awarded for the Terminal Four Wharf Removal
project by the State Coastal Conservancy (10661065-
400652-23021).

PREVIOUS COUNCIL
ACTION:

NONE

STATEMENT OF THE
ISSUE:

Public Works is seeking approval to execute a contract
with Swinerton Management & Consulting to provide
construction management services for the Terminal 4
Wharf Removal project.

RECOMMENDED ACTION:

APPROVE a contract with Swinerton Management &
Consulting, in the amount of $639,882, for a term
extending through December 31, 2025, to provide
construction management services during the bid and
construction phase of the Terminal Four Wharf Removal
Project, to be funded by the State Coastal Conservancy
grant – Public Works (Daniel Chavarria 510-620-5478/
Robert Armijo 510-520-5477).

DISCUSSION:

AGENDA
REPORT
495

May 2, 2023

The City has been planning the removal of the creosote-treated piles and deteriorated wharf decking and structures at the Terminal Four site for a number of years. The State Coastal Conservancy (SCC) has provided support and assistance with this project since 2017, primarily through facilitating funding and taking the lead on early design and environmental review. In June 2019, COWI North America, Inc. (COWI) completed the 60 percent design and specifications for the project under contract with the SCC. In April 2022, the City Council approved a contract with COWI to take their previously prepared 60 percent design and complete the final construction and technical specifications for the bid documents for this project. The goal is to start demolition work in June 2023. The City will be carrying out implementation of the Terminal Four Wharf Removal Project as the property owner. As part of the services needed to implement the Project, Public Works staff members are seeking City Council approval of a contract with Swinerton Management & Consulting to provide construction management services during the bid and construction phases of the project.

Terminal Four Wharf Removal Project

The Terminal Four Wharf Removal project consists of completing construction documents, demolishing derelict pilings, decking, and two buildings, and constructing enhanced rock slope protection and monitoring at Terminal Four located at Point San Pablo, north of Point Molate.

The project is needed because the deteriorating warehouse, piles, decking, and debris of Terminal Four Wharf currently poses a marine debris problem, a navigation hazard, and continue to degrade and impair water and habitat quality. The existing debris and pile field inhibit the expansion of nearby eelgrass beds. When Pacific herring and other fish and marine invertebrates spawn on creosote-treated piles, exposure to polyaromatic hydrocarbons (PAHs), which are part of the creosote compound, results in adverse effects. In Pacific herring, these effects include developmental delays, degeneration, changes in movement, alterations to cardiac function in embryos, lower rate of hatching success, and skeletal defects in larvae.

This project will remove toxic creosote pilings from San Francisco Bay. The Terminal Four site is owned by the City of Richmond and is managed by the City’s Port. The site is located on the western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo.

Summary of Selection Process

The Public Works Department requested proposals from its on-call construction management services list. Proposals were received from Swinerton, Ghirardelli, and Mack5. The Mack5 team was eliminated from consideration since their team included Mr. Robert Stevens, who acts as the Port Engineer, and whose current participation on the team could be perceived as a conflict of interest. A panel of three (3) professionals 496

May 2, 2023
interviewed the other two proposals, and the proposal from Swinerton was the highest ranked proposal as it was deemed to best fit the needs of the project.

After the selection process, Public Works negotiated two items with Swinerton: 1) incorporation of a subconsultant with more extensive eelgrass monitoring and mapping experience, and 2) reducing hours of the resident engineer during specific phases of the construction to reduce cost. Swinerton’s revised proposal is attached and is being recommended for approval by the City Council for a contract amount not to exceed $639,882.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Proposal
497
4/12/2023 REVISED
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2023 $230 $201 $133 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task Construction Duration = est. 200 Calendar Days
A. Construction Management Services
Project Administration

1. Review Contract Documentation 2 $460 4 $804 4 $532 $1,796

2. Conduct Pre-construction Conference, agenda & minutes 2 $460 4 $804 2 $266 $1,530

3. Photo Inventory of Project Site Pre- and Post-Construction 0 $0 4 $804 8 $1,064 $1,868

4. Schedule & Conduct Weekly Progress Meetings / Prepare Minutes 30 $6,900 40 $8,040 60 $7,980 $22,920

5. Attend Meetings w/ City / Management Oversight 8 $1,840 8 $1,608 8 $1,064 $4,512

6. Coordinate with other City's Adjacent Projects 0 $0 0 $0 0 $0 $0

7. Monitor Contractor's Schedule & Phasing 12 $2,760 32 $6,432 40 $5,320 $14,512

8. Monitor the Project's Construction Budget 8 $1,840 32 $6,432 40 $5,320 $13,592

9. Monitor the Contractor's Progress 8 $1,840 24 $4,824 40 $5,320 $11,984

10. Review / Verify Contractor Quantities / Track Bid Items 8 $1,840 24 $4,824 40 $5,320 $11,984

11. Maintain Project Docs / Records per City / Agency Requirements 0 $0 12 $2,412 30 $3,990 $6,402

12. Prepare Observation Dailies / Weekly Statements of Work Days 0 $0 24 $4,824 32 $4,256 $9,080

13. Process / Track Submittals 0 $0 24 $4,824 40 $5,320 $10,144

14. Review Submittals (Work Plan, QC Plan, etc) 16 $3,680 24 $4,824 40 $5,320 $13,824

15. Process / Track RFI's 8 $1,840 25 $5,025 50 $6,650 $13,515

16. Process, Negotiate & Issue Change Orders / Cost Proposals 8 $1,840 12 $2,412 16 $2,128 $6,380

17. Review / Resolve Notices of Potential Claims 4 $920 8 $1,608 8 $1,064 $3,592

18. Prepare Contract Amendment(s), as needed 4 $920 12 $2,412 10 $1,330 $4,662

19. Monitor Onsite Unforeseen Conditions / Make Recommendations 4 $920 12 $2,412 16 $2,128 $5,460

20. Review and Process Monthly Progress Payments 4 $920 16 $3,216 32 $4,256 $8,392

21. Labor Compliance Field Interviews, if needed 0 $0 4 $804 8 $1,064 $1,868

22. Review Certified Payroll Reports 0 $0 4 $804 8 $1,064 $1,868

23. Monitor SWPPP / Environmental / Biological Compliance 16 $3,680 25 $5,025 50 $6,650 $15,355

24. Compile / Maintain As-Built Record Drawings 0 $0 10 $2,010 24 $3,192 $5,202

25. Perform Final Inspection & Punch Lists w/ City, Contractor & EOR 4 $920 10 $2,010 16 $2,128 $5,058 Quality Assurance, Inspection and Material Testing

26. Provide Daily On-Site Observation / Inspection Services 0 $0 90 $18,090 225 $29,925 $48,015

27. Maintain Daily Inspection Logs 0 $0 24 $4,824 24 $3,192 $8,016

28. Provide Project Photo Progress Reports 0 $0 12 $2,412 20 $2,660 $5,072

29. Monitor Project for Conformance with the Plans + Specs 8 $1,840 25 $5,025 50 $6,650 $13,515

30. Issue & Respond to Non-Compliance Issues / Accept or Reject Work, as necessary 4 $920 12 $2,412 10 $1,330 $4,662

31. Coordinate the QA / QC Requirements 8 $1,840 24 $4,824 40 $5,320 $11,984

32. Observe Contractor's Final Compliance Testing / Reporting 4 $920 10 $2,010 16 $2,128 $5,058

33. Review and Monitor Contractor's On-site Safety 0 $0 10 $2,010 16 $2,128 $4,138

34. Monitor the Quality Control / Mitigation Measures 8 $1,840 25 $5,025 50 $6,650 $13,515 Srushti Veluvolu, EIT -
Assistant Project Manager SMC
CITY OF RICHMOND - Terminal 4 Wharf, Warehouse, and Piling Removal Project Matrix of CM Tasks and Fee Proposal for Construction Management Services - (Estimated 200 Calendar Days Construction) Robert Addiego -
Project Executive SMC
Bill Coletto, PE -
Resident Engineer /
Sr. Project Manager SMC
498
4/12/2023 REVISED
SWINERTON MANAGEMENT & CONSULTING Hours per Task Rate/Hour Hours per Task Rate/Hour Hours per Task Rate/Hour Rates are for work performed in 2023 $230 $201 $133 Total Cost Task Subtotal Per Task Subtotal Per Task Subtotal Per Task Per Task Srushti Veluvolu, EIT -
Assistant Project Manager SMC
CITY OF RICHMOND - Terminal 4 Wharf, Warehouse, and Piling Removal Project Matrix of CM Tasks and Fee Proposal for Construction Management Services - (Estimated 200 Calendar Days Construction) Robert Addiego -
Project Executive SMC
Bill Coletto, PE -
Resident Engineer /
Sr. Project Manager SMC
Public and Community Relations

35. Ensure Contractor Compliance with Public Notifications 0 $0 6 $1,206 8 $1,064 $2,270

36. Coordinate w/ Property Owners, Businesses, etc during Construction 4 $920 10 $2,010 16 $2,128 $5,058

37. Coordinate with Contractor, Utility Companies, Other Stakeholders 0 $0 10 $2,010 16 $2,128 $4,138

38. Outreach - City Staff, Agencies, Consultants for Construction Notices 4 $920 10 $2,010 16 $2,128 $5,058

39. Facilitate Necessary Environmental Coord w/ City, Designer & Contractor, Regulatory Agencies 4 $920 10 $2,010 24 $3,192 $6,122 Post Construction Services

40. Review Close-out Documents (i.e. Record Dwgs, Warranty) 2 $460 8 $1,608 8 $1,064 $3,132

41. Prepare Close-out Documents / Package 2 $460 4 $804 8 $1,064 $2,328

42. Maintain Electronic & Hard Copy Project Files 0 $0 8 $1,608 8 $1,064 $2,672

43. Prepare Final Estimate & Payment 0 $0 4 $804 4 $532 $1,336 Subtotal Hours 194 696 1181
Subtotal Cost per Consultant Individual $44,620 $139,896 $157,073 Consultant Subtotal $341,589

SUB-CONSULTANTS
Nichols Consulting Engineers (NCE) $288,543 $288,543
Procore, Drone Services, and Temp Facilities $9,250 $9,250 Additional Cost-Reproduction, Photos, Misc Office Supplies $500 $500 Additional Cost-Allowance Subtotal $298,293 $298,293
GRAND TOTAL $639,882
Assumptions / Clarifications:

2. The Allowance for NCE equals $262,312 plus 10% for insurance and mark-up. The actual costs will be dependent on the Contractor's schedule and efficiency in completing the work.

3. NCE Optional Tasks to perform an Eelgrass Mitigation Plan, long-term eelgrass monitoring and eelgrass surveys, and Archeological Services can be performed for an additional $37,852 plus mark-up.

4. Actual costs for NCE will be billed through Swinerton's contract to the City. Actual costs for NCE will be dependent on the Contractor's schedule, means and methods of construction related to Envirnomental Compliance.

5. The cost above assumes a 5-day work week, 8 hours per day. The cost above does not include performing any Night Work or Weekend Work.

6. Should the Contractor need to work overtime hours beyond 8 hours/day or work nights or weekends, an amendment to add additional effort for CM and Environmental Services may need to be submitted.

7. Should the Construction Duration need to be extended from November 30, 2023 to December 31, 2023, an amendment for the additional level of effort may need to be submitted.

8. The Cost Estimate is based on the RE / Sr. PM being available for approximately 20 hours per week during the Construction phase.

9. The Cost Estimate is based on the Asst PM being available for approximately 40 hours per week during the Construction Phase.

10. The Cost Estimate is based on the RE / Sr. PM and the Asst PM being available for approximately 40 hours each during the Preconstruction Phase and 25 hours each during the Post Construction Phase.

11. Hours are also alloted to the Project Executive to support to the Project Team as needed.

12. The Cost Estimate is a not-to-exceed amount based on 30 calendar days of Preconstruction support, 200 calendar days of Field Construction, and 30 calendar days of Post-Construction / Closeout.

13. This Cost Estimate assumes that the Contractor will provide a construction trailer / office space for the CM Team.

1. The Cost Estimate above is based on the Bid Set of Plans and Specifications, including Appendices, a duration of 200 calendar days, and an estimated construction value of $7.3 million. 499

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
4/10/2023
Arthur J. Gallagher Risk Management Services, LLC
595 Market Street
Suite 2100
San Francisco CA 94105
Mandi Ching
415 288 1643
[email protected]
License#: 0D69293
Liberty Mutual Fire Insurance Company
23035
Zurich American Insurance Company
16535
Swinerton Builders
dba Swinerton Management & Consulting
260 Townsend Street
San Francisco CA 94107
Starr Indemnity & Liability Company
38318
National Fire & Marine Insurance Co
20079
First Liberty Insurance Corporation
33588
Steadfast Insurance Company
26387
1570832583
B
X
2,000,000
X
1,000,000
N/A
2,000,000
4,000,000
X
Y
Y
GLO023224706
8/1/2022
8/1/2023
4,000,000
A
2,000,000
X
Y
Y
AS2661066493022
8/1/2022
8/1/2023
Comp./Coll.Ded:
10,000
C
X
5,000,000
X
Y
1000585239221
8/1/2022
Y
8/1/2023
5,000,000
E
X
Y
WA666D066493032
8/1/2022
8/1/2023
1,000,000
1,000,000
1,000,000
D
F
Excess Liability (2nd Layer)
Professional Liab
Y
Y
42XSF30224507
EOC653650600
8/1/2022
11/1/2022
8/1/2023
11/1/2023
Each Occ/Agg
Each Claim/Agg limit
$20,000,000
$5,000,000
JOB # 20100077 RE: On-Call Construction Management and Inspection Services for Various City Projects ADDITIONAL INSURED(S): The City of Richmond, its officers, officials, employees, agents and volunteers.

City of Richmond
Att: Mr. Tawfic Halaby
450 Civic Center Plaza
Richmond, CA 94904-0046
500
8/1/2022GLO023224706
501
502
503
504
GLO023224706 8/1/2022 8/1/2023
505
GLO023224706
506
AS2661066493022
507
AS2661066493022
AS2661066493022 8/1/2022
8/1/2023
508
509
AS2661066493022
510
WA666D066493032 8/1/2022
511

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
Person or Organization
Schedule
Job Description
Where required by contract or
written agreement prior to loss and
allowed by law.

Any
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250 per policy.

Issued by
For attachment to Policy No Effective Date Premium $
Issued to Swinerton Incorporated
WC 04 03 06
Ed: 04/1984
Page of 1 1
8/1/2022WA666D066493032
512
GLO023224706 8/1/2022 8/1/2023
513
WA666D066493032
514
AS2661066493022
515

STF-CPP-159-C CW (10/20)

Endorsement #

Notification to Others of Cancellation, Nonrenewal, or
Reduction of Limits Endorsement
(Notice to Scheduled Persons or Organizations)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy No. EOC 6536506 - 00 Effective Date: 11/01/2022

This endorsement modifies insurance provided under the:

Contractor’s Protective Professional Indemnity and Liability Insurance Policy

It is agreed that:

The following is added to Section IX. CONDITIONS:

Notice to Others of Cancellation, Nonrenewal, or Reduction of Limits:

A. If we cancel or nonrenew this policy by written notice to you for any reason other than nonpayment of premium, or we reduce the limits other than by payment of Claims, we shall mail or deliver by electronic notification a copy of such written notice of cancellation, nonrenewal, or reduction of limits to the name and address corresponding to each person or organization shown in the Schedule below at least the numb er of days’ notice indicated in the Schedule below prior to the effective date.

B. If we cancel this policy by written notice to the you for nonpayment of premium, we shall mail or deliver by electronic notification a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least ten (10) days prior to the effective date of cancellation.

C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of notice.

D. Our notification described in Paragraphs A. or B. of this endorsement is intended as a courtesy only. Our failure to provide such notification will not:

1. extend the policy cancellation date;

2. negate the cancellation; or

3. provide any additional insurance that would not have been provided in the absence of this endorsement.

SCHEDULE
Name and Address of Other Person(s) / Organization(s): Number of Days Notice:

Any person or organization with whom you have agreed, through written contract, 30 Agreement or permit

516

STF-CPP-159-C CW (10/20)

All other terms, conditions, provisions and exclusions of this policy remain the same. 517

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.

Public Works
Daniel Chavarria
Daniel [email protected]
(510) 620-5478
5916
Contract with Swinerton Management & Consulting to provide construction management services for the Terminal 4 Wharf Removal project.

Swinerton Management and Consulting
10 Clay Street, Suite 275
Oakland, CA 94607-3548
Jeffrey Gee
(650) 483-7412
[email protected]
4-60289
May 2, 2023
December 31, 2025
639,882
✔
518

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Swinerton Management and Consulting
519
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:

The contract will provide construction management and inspection services for the Terminal 4 Wharf Removal project.support including:

Participating in regularly scheduled status meetings. reviewing and rsponding to contractor submittals, Request fir Information (RFI), site visits to review the progress of work as well to resolve field construction issues, providing input on potential construction changes order, etc.

Public Works Director
Swinerton Management and Consulting
520
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Daniel Chavarria
Swinerton Management and Consulting
Public Works
Daniel Chavarria
521
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:

Swinerton Management and Consulting
Swinerton Management and Consulting
Daniel Chavarria
10 Clay Street, Suite 275
Oakland, CA 94607-3548
522
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, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 523
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. 524
General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 525
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 526
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.

527
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 528
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 529
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 530
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 531
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.

532
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 533
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.

534
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. 535
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):

NONE
Swinerton Management and Consulting
Sanctuary City Contracting Ordinance (SCCO). The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S.

Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G, prior to the execution of this Agreement. 536
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.

Swinerton Management and Consulting
537
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 1 of 5

Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services that involve environmental risks and/or the transportation of hazardous materials including asbestos, hazardous chemicals or waste, and nuclear risks, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), 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 Insurance.

6. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions.

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

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
General Liability
(primary and excess limits
combined)

538
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 2 of 5

Revised: September 2011

General Liability (continued)
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).

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

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.

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

Automobile Liability

$1,000,000 per occurrence for bodily injury and property damage.

If the Contractor is subject to the Motor Carrier Act of 1980, Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for transportation of hazardous
materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability Coverage to cover the materials transported by Contractor.

For additional information regarding the Motor Carrier Act and limits of liability see Page 5.

Contractors Pollution Liability
and/or Pollution Liability
Protects against environmental and
pollution risks and
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.

Policy shall be endorsed to name the City of Richmond as an additional insured.

Environmental coverage must remain in force for a period of five years after completion of the project. Contractor must provide updated certificates indicating that the required coverage, terms and conditions are still in place.

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, Contractors Pollution Liability and/or Asbestos Pollution policies.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
539
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 3 of 5

Revised: September 2011

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 excess of the Contractor’s insurance and shall not contribute with it and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form

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

SAMPLE Endorsement 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.

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

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

Lead-Based Paint/Asbestos/Mold
If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

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.
540
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 4 of 5

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.

541
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 5 of 5

Revised: September 2011
ADDITIONAL INFORMATION REGARDING THE MOTOR CARRIER ACT OF 1980

The Motor Carrier Act of 1980 imposed higher levels of financial responsibility on motor carriers operating under federal permit and intrastate carriers operating under state authority. The chart below shows the minimum required financial responsibility as determined by the type of cargo hauled.

The Act requires the MCS-90 endorsement in the amount of $750,000 to be attached to any automobile liability policy issued to motor carriers operating commercial motor vehicles with a gross vehicle weight rating of 10,000 or more pounds that are transporting any non-hazardous property in interstate or foreign commerce. The MCS-90 endorsement is also required when interstate, intrastate and foreign commerce is transporting hazardous material/waste/substances. The liability limit depends upon the type of truck and method of transportation. Its purpose is to ensure that funds are available for damages arising from a trucking accident that involves hazardous materials subject to the Act.

DEPARTMENT OF TRANSPORTATION SCHEDULE OF LIMITS-PUBLIC LIABILITY Type of Carriage Commodity Transported Financial Responsibility (1) For-hire in interstate or foreign
commerce, with a gross vehicle
weight rating of 10,000 or more
pounds).

Any Property (non-hazardous) $750,000
(2) For-hire and Private (in interstate,
foreign, or intrastate commerce,
with a gross vehicle weight rating of
10,000 or more pounds).

Hazardous substances transported in
cargo tanks, portable tanks, or
hopper-type vehicles with capacities in
excess of 3500 water gallons.

Hazardous Substances does not
include petroleum, including crude oil
or any fraction thereof which is not
otherwise specifically listed or
designated as a hazardous substance
in appendix A to §172.101 and the
term does not include natural gas,
natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel
(or mixtures of natural gas and such
synthetic gas).
49 CFR 171.8
$5,000,000
(3) For-hire and Private (in interstate
or foreign commerce: in any
quantity; or in intrastate commerce,
in bulk only; with a gross vehicle
weight rating of less than 10,000
pounds).

Compressed Oil Gas (listed in 49 CFR
172.101) hazardous waste, hazardous
materials, and hazardous substances
such as lead, asbestos, mold, dry
cleaning chemicals, benzene, etc.
(as defined in 49 CFR 171.8 and listed
in 49 CFR 172.101, but not mentioned
in (2) above or (4) below.)
$1,000,000
(4) For-hire and Private (in interstate
or foreign commerce, with a gross
vehicle weight rating of less than
10,000 pounds).

Any quantity of explosives that have
mass explosion hazard, projection
hazard, or fire hazard (Division 1.2,

1.2, or 1.3); poisonous gas (Division

2.3); poisonous materials (Division

6.1); materials poisonous by inhalation
(Hazard Zone A); or radioactive
material (Class 7 material).

$5,000,000

CONTACT RISK MANAGEMENT IF YOU HAVE ANY QUESTIONS REGARDING THE MCS-90 ENDORSEMENT AND/OR THE MOTOR CARRIER ACT OF 1980
542

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 understands that 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 services to ICE.

Contractor further understands and agrees that Contractor's failure 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)
Attachment G
543

May 2, 2023

Finance Department

DATE: May 2, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager, Internal Services
LaShonda White, Deputy City Manager, Community
Services
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Revenue Manager
Subject:

Acknowledge receipt of Fiscal Year 2023-2024 Proposed
First Draft Budget and Government Finance Officers
Association’s General Fund Fund-Balance Guidelines
and Government Finance Officers Association’s General
Fund Fund-Balance Guidelines
FINANCIAL IMPACT: There is no financial impact as a result of this agenda item. Based on the information provided, the General
Fund budget is balanced. The agenda item is also
presenting Government Finance Officers Association’s
(GFOA) General Fund Fund-Balance Guidelines

PREVIOUS COUNCIL
ACTION:

December 20, 2022

STATEMENT OF THE
ISSUE:

In accordance with Richmond Municipal Code Section

2.61.010, the City Manager is submitting the first draft of the Fiscal Year 2023-24 Annual Operating Budget and
Capital Improvement Budget. The purpose of this item is to provide the City Council with an overview of the budget documents, and for City Council to establish and approve the review process and schedule for the annual budget
adoption. In addition, in accordance with the California State Auditor’s Recommendations Corrective Action
AGENDA
REPORT
544

May 2, 2023
Plan, the City staff is presenting GFOA Fund-Balance
Guidelines.

RECOMMENDED ACTION:

ACKNOWLEDGE receipt of the first draft of the Fiscal
Year 2023-2024 Annual Operating Budget and Fiscal
Year 2023-2028 Five-Year Capital Improvement Plan
Budget; ESTABLISH the review process and schedule
for their review and adoption; and RECEIVE Government
Finance Officer Association (GFOA) General Fund Fund-
Balance Guidelines as part of City’s Corrective Action
Plan – City Manager’s Office/Finance Department (Shasa
Curl/Nickie Mastay/Mubeen Qader 510-412-2077).

DISCUSSION:

This budget item is not intended to be a substantive review of Fiscal Year (“FY”) 2023- 2024 Annual Operating Budget or the Five-Year Capital Improvement Plan Budget; rather, it is an opportunity for City staff to provide an overview of both budgets as they are currently being submitted. Prior to the end of FY 2022-23 (June 30, 2023), City staff will receive and incorporate City Council direction into various iterations of both budgets, and will bring final budgets before City Council for approval by June 20, 2023.

The City of Richmond’s initial draft FY 2023-2024 budget focuses primarily on supporting community resilience. In collaboration with the Mayor’s Office, leveraging community needs assessments, and input to support our diverse City, initial draft budget framework invests heavily to improve the built environment. For example, renovation of the Richmond Main Library, sidewalk repairs, stormwater drainage and wastewater infrastructure, and the Port. Continuing the development of new affordable housing and rehabilitating existing affordable housing, as well as thoughtful support for our unhoused neighbors. Resident resilience also features prominently through the continued investment in the Community Crisis Response Program; strategic resource alignment to support “Development Services,” which aims to improve small and medium business development division; and commence the strategic review and updates to the City’s rental property inspection policies.

Upon the conclusion of the City’s State Audit in October 2022, the California State Auditor issued 11 recommendations for the City of Richmond. One of the 11 recommendations is about determining the City’s appropriate reserve level through the best practices provided by the Government Finance Officers Association (GFOA). This agenda item also introduces the GFOA best practices for determining appropriate reserve level.

545

May 2, 2023
Budget Process

The Finance Department initiated the FY 2023-2024 budget development process on January 26, 2023, with a budget kick-off meeting. Finance staff provided the City departments with budget instructions and timelines for document submission related to the budget entry window (January 30, 2023, through February 26, 2023).

Following the submission of the departmental budget requests, and preparation of the revenue estimate, the City Manager, and the Finance staff held budget hearings with department heads and their respective staff. Budget hearings allowed the City staff to clarify budget requests, review the proposed departmental organization charts, discuss performance measures, and understand the level of cost recovery, as appropriate.

Finance also held four (4) community budget meetings in April 2023, including budget meetings with the labor unions and Richmond Neighborhood Coordinating Council.

At the conclusion of budget hearings, the Finance Department compiled a preliminary draft budget based on their initial revenue estimates and the departmental operating budgets as submitted. From this preliminary draft, the City Manager’s Office and Finance staff worked collectively with departments, to prepare a draft budget to begin the review process at the City Council level.

Budget Meeting with Mayor’s Office
Per the Richmond Charter, the City Manager, along with the Deputy City Manager and the Deputy Director of Finance, held a series of meetings with the Mayor and his staff to discuss the FY 2023-2024 budget. The Mayor’s Office put forth several priority budget items. Some of the items discussed included renovating our Main Library, rental inspections, wastewater system/storm drainage, sidewalk repairs, emergency shelter for unhoused during inclement weather, high priority vacancies, Community Crisis Response program, launching a new City website, and “Development Services” to better support small business development. These high priority budget items will continue to be discussed throughout the FY 2023-2024 budget development process during the City Council meetings in the coming weeks.

Vacancy Savings
The current year budget used a 6 percent vacancy rate or $8.3 million as estimated vacancy savings. The FY 2023-2024 budget is expected to use the same vacancy rate of 6 percent.

American Rescue Plan Act
Congress passed the American Rescue Plan Act (ARPA) in 2021, to provide a variety of economic incentives to address the impacts of COVID-19. The City of Richmond was allocated $27.74 million. To-date, the Richmond City Council committed approximately $16 million in ARPA funds for various project, leaving approximately $11.7 million remaining to be invested (see Table 1). City staff plan to present findings from the 546

May 2, 2023
ARPA community needs assessment and strategic investment plan to City Council at a meeting in May 2023 to provide additional direction to staff on spending priorities.

Table 1: American Rescue Plan Act Funding

Draft Budget
City staff is submitting the first draft of the FY 2023-2024 Annual Operating Budget and FY 2023-2024 through 2027-2028 Five-Year Capital Improvement Plan to initiate the City Council’s review and approval process. At this point, the operating budget is balanced with approximately $221.3 million in both revenues and in expenditures (Attachments 1 and 2).

Currently, the City has several unfunded high priority items that are not currently included in the budget (See Table 2). City staff will continue to refine the revenue projections and review expenditure as the budget development process moves forward.

Table 2: Unfunded High Priority Items
Pending/Unfunded Budget Request
15,000,000 Investment in Paving Index improvement
TBD Fire Training Center Predevelopment Costs
15,000,000 Library renovation
1,500,000 Measure U loss due to pending litigations
5,000,000 Terminal 1 cleanup costs
547

May 2, 2023
36,500,000 Total Pending/Unfunded Budget Requests

In addition to the draft FY 2023-2024 Annual General Fund Operating budget, the City staff is also presenting the Non-General Fund Revenue and Expenditures by Fund report (Attachment 3), the Capital Improvement Projects Listing (Attachment 4), and Multi-Year Comparative Position Listing (Attachment 5) for consideration and review. All these documents are drafts and include the best budget estimates available at this time based on current projections and information.

Proposed FY 2023-2024 Budget Process and Schedule
City staff is proposing the process and schedule outlined in Table 3 for the City Council’s review and adoption of the Fiscal Year 2023-2024 Annual Operating Budget and FY 2024-2028 Five-Year Capital Improvement Plan Budget.

Table 3: Key Budget Development Dates

Action/Activity Date
Receive the Draft Fiscal Year 2023-2024 Annual Operating Budget and Fiscal Year 2023-2024 to 2027-2028 Five-Year Capital Improvement Plan and establish the budget process and schedule
May 2, 2023
City staff to provide additional budget-related information May 16, 2023 City Council to receive Revised Proposed Budget
Continue City Council review and discussion of draft
operating and capital budgets. City Council direction on Budget Checklist and changes to the proposed budget
June 6, 2023
Council to adopt 2023-2024 Operating Budget, FY2023-
2024 to FY2027-2028 Capital Improvement Plan, and GANN
Limit
June 20, 2023

During the review process, the City staff will continue to work with the City Council to develop a balanced budget for FY 2023-2024.

General Fund Reserve Level - GFOA Best Practices

On April 4, 2022, the City of Richmond was notified by the California State Auditor that they will be conducting an audit of the City as approved by the Joint Legislative Audit Committee on June 30, 2021. The State Auditor’s local audit program identifies and supports local government agencies that might be at high risk based upon analysis of the City’s audited financial statements. Richmond’s risk assessment was conducted in February 2021 based upon the City’s June 2020 financial statements. 548

May 2, 2023

At the conclusion of the audit, the State Auditors formalized 11 recommendations that were presented to the City Council at the December 20, 2022, City Council meeting.

City staff incorporated the Auditor’s recommendation into a Corrective Action Plan (Attachment 7). The first recommendation regarding the Review/Update Fund Balance Reserve Policy was described as follows:

“To help ensure that Richmond maintains appropriate reserves for times of fiscal uncertainty, City staff should, by June 2023, review Richmond's reserve policy to determine whether a higher reserve target is appropriate. As part of the review, staff should consider all the factors the Government Finance Officers' Association (GFOA) recommends for setting a reserve target. Once that review is complete, City staff should present proposals to the City Council for modifying the City's policy.”

Per the state audit recommendation and the City’s Corrective Action Plan, below are the highlighted “excerpts” from a published article regarding GFOA’s Fund Balance Guidelines for the General Fund (Attachment 6).

“The adequacy of unrestricted fund balance in the general fund should consider each government’s own unique circumstances. For example, governments that may be vulnerable to natural disasters, more dependent on a volatile revenue source, or potentially subject to cuts in state aid and/or federal grants may need to maintain a higher level in the unrestricted fund balance. Articulating these risks in a fund balance policy makes it easier to explain to stakeholders the rationale for a seemingly higher than normal level of fund balance that protects taxpayers and employees from unexpected changes in financial condition. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government’s particular circumstances. Furthermore, a government’s particular situation often may require a level of unrestricted fund balance in the general fund significantly in excess of this recommended minimum level. In any case, such measures should be applied within the context of long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unrestricted fund balance in the general fund at any one time. In establishing a policy governing the level of unrestricted fund balance in the general fund, a government should consider a variety of factors, including:

1. The predictability of its revenues and the volatility of its expenditures (i.e., higher levels of unrestricted fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or 549

May 2, 2023
if operating expenditures are highly volatile);

2. Its perceived exposure to significant one-time outlays (e.g., disasters, immediate capital needs, state budget cuts);

3. The potential drain upon general fund resources from other funds, as well as the availability of resources in other funds;

4. The potential impact on the entity’s bond ratings and the corresponding increased cost of borrowed funds; and

5. Commitments and assignments (i.e., governments may wish to maintain higher levels of unrestricted fund balance to compensate for any portion of unrestricted fund balance already committed or assigned by the government for a specific purpose). Governments may deem it appropriate to exclude from consideration resources that have been committed or assigned to some other purpose and focus on unassigned fund balance, rather than on unrestricted fund balance.” (GFOA General Fund Fund-Balance Guidelines, Attachment 6).

NEXT STEPS

Over next few weeks, in conjunction with redefining the FY 2023-2024 Operating budget and the Five-Year CIP budget, the City staff will bring back to the City Council, a revised General Fund Reserve Policy under the GFOA Guidelines (Attachment 6) and per the City’s California State Audit Correction Action Plan (Attachment 7).

DOCUMENTS ATTACHED:

Attachment 1 – General Fund Revenue and Expenditure Summary Attachment 2 – General Fund Revenue and Expenditures by Department Attachment 3 – Non-General Fund Revenue and Expenditures by Fund Attachment 4 – Capital Improvement Projects
Attachment 5 – Multi-Year Comparative Position Listing
Attachment 6 – GFOA General Fund Fund-Balance Guidelines Attachment 7 – Corrective Action Plan

550
Attachment 1 - General Fund Budget Summary
FY2022-23 FY2022-23 FY2023-24 PERCENT

GENERAL FUND YTD - ACTUALS REVI SED BUDGET DRAFT BUDGET CHANGE PROPERTY TAXES (41,846,201) ( 48,608,929) ( 48,608,929) 0.00% SALES & USE TAX (31,559,465) ( 55,554,137) ( 56,408,015) 1.50% UTILITY USERS TAX (42,748,129) ( 50,861,279) ( 56,765,473) 11.60% OTHER TAXES (12,625,960) ( 22,452,187) ( 23,237,723) 3.50% LICENSES,PRMITS&FEES (10,517,568) ( 11,080,956) ( 11,214,095) 1.20% FINES & FORFEITURES (148,263) ( 465,275) ( 331,144) -28.80% USE OF MONEY&PROPRTY (501,329) ( 1,021,047) ( 1,011,535) -0.90% CHARGES FOR SERVICES (1,898,675) ( 3,568,792) ( 2,561,992) -28.20% OTHER REVENUE (264,277) ( 192,545) ( 238,480) 23.90% RENTAL INCOME (789,118) ( 874,506) ( 777,028) -11.10% INTERGOV STATE TAXES (118,794) ( 125,000) ( 125,000) 0.00% INTERGOV STATE GRANT (131,430) ( 175,000) ( 110,000) -37.10% INTERGOV OTHER GRANT (289,943) ( 263,569) ( 250,000) -5.10% PROC FR SLE PROP (797) ( 100,000) - - 100.00% LOAN/BOND PROCEEDS (39,400) ( 39,400) (40,400) 2.50% OPER XFERS IN (16,541,728) ( 19,720,418) ( 19,650,316) -0.40% TOTAL REVENUE (160,021,077) (215,103,041) (221,330,130) 2.90% SALARIES AND WAGES 54,565,246 76,715,696 82,416,397 7.40% PYRLL/FRINGE BENEFIT 52,144,684 66,846,458 64,739,266 -3.20% PROF & ADMIN 11,961,381 19,882,565 18,553,164 -5.20% OTHER OPERATING 5,131,121 6,888,476 6,521,885 -5.30% UTILITIES 4,030,211 5,387,756 5,029,869 -6.60% EQPT & CONTRACT SVCS 1,977,247 2,877,188 2,723,954 -5.60% PROVISN FOR INS LOSS 28,641 29,641 32,200 8.60% COST POOL 12,731,470 15,277,766 24,777,297 62.20% ASSET/CAPITAL OUTLAY 2,914,302 5,825,326 1,642,500 -71.80% DEBT SVC EXPENDITURE 860,689 1,037,009 841,353 -18.90% A87 COST PLAN REIMBS (2,924,308) ( 3,531,610) ( 3,531,611) 0.00% GRANT EXPENDITURES 7,027 117,990 19,155 -83.80% OPER XFERS OUT 7,553,337 17,785,428 17,564,702 -1.20% TOTAL EXPENSE 150,981,046 215,139,689 221,330,130 3.00% GRAND TOTAL (9,040,031) 36,648 - - 100.00% 551
City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 10 OFFICE OF THE MAYOR
OTHER REVENUE - - (4,620) (4,565) - -100% REVENUE - - (4,620) (4,565) - -100% SALARIES AND WAG 269,735 280,157 208,099 329,833 343,009 4% PYRLL/FRINGE BENE 252,401 262,022 188,173 255,823 256,017 0% PROF & ADMIN 14 2,960 17,766 54,800 20,500 -63% OTHER OPERATING 221 4,516 1,481 2,400 3,400 42% UTILITIES 1,368 2,996 2,519 1,250 3,000 140% COST POOL 18,277 18,277 15,993 19,191 41,406 116% A87 COST PLAN REI (107,844) (113,118) - - - - EXPENDITURE 434,173 457,811 434,030 663,297 667,332 1% 11 CITY COUNCIL
OTHER REVENUE (1,800) - (4,000) - - - REVENUE (1,800) - (4,000) - - - SALARIES AND WAG 199,517 240,130 198,536 300,067 329,452 10% PYRLL/FRINGE BENE 217,784 218,903 211,276 217,790 328,045 51% PROF & ADMIN 8,101 16,298 34,262 56,588 55,450 -2% OTHER OPERATING 12,464 12,760 7,977 18,297 18,800 3% UTILITIES 1,191 1,365 280 1,365 1,100 -19% COST POOL 30,422 30,422 26,619 31,943 58,810 84% ASSET/CAPITAL OUT - - - 1,200 3,000 150% A87 COST PLAN REI (149,260) (156,559) - - - - EXPENDITURE 320,220 363,319 478,950 627,250 794,657 27% 12 COMMUNITY POL REV COMMISSION
SALARIES AND WAG 53,942 53,148 25,962 71,500 50,000 -30% PYRLL/FRINGE BENE 7,827 6,111 3,348 - - - PROF & ADMIN 1,007 2,040 7,758 15,800 24,450 55% OTHER OPERATING 66 301 18 1,050 1,050 0%

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE EXPENDITURE 62,842 61,600 37,086 88,350 75,500 -15% 13 CITY MANAGER
OTHER TAXES (1,521,153) - - - - - LICENSES,PRMITS&F (973) - - - - - OTHER REVENUE (9,770) - - - - - INTERGOV STATE G - - (33,442) - - - REVENUE (1,531,896) - (33,442) - - - SALARIES AND WAG 346,232 614,234 462,681 469,443 725,901 55% PYRLL/FRINGE BENE 188,644 200,434 201,081 252,744 336,883 33% PROF & ADMIN 159,554 14,310 73,985 159,750 124,550 -22% OTHER OPERATING 6,798 7,629 1,953 9,200 9,400 2% UTILITIES 1,847 1,757 489 - - - EQPT & CONTRACT 201 148 118 200 200 0% COST POOL 100,038 100,038 87,534 105,040 77,955 -26% ASSET/CAPITAL OUT - - 347 - - - A87 COST PLAN REI (245,982) (258,011) (150,373) (180,453) (180,453) 0% EXPENDITURE 557,333 680,538 677,813 815,924 1,094,436 34% 14 CITY CLERK
LICENSES,PRMITS&F (6,519) (750) (14,208) (600) (600) 0% CHARGES FOR SERV - - - (500) (3,000) 500% OTHER REVENUE - (595) (255) - - - REVENUE (6,519) (1,345) (14,463) (1,100) (3,600) 227% SALARIES AND WAG 406,992 443,229 362,375 450,250 489,328 9% PYRLL/FRINGE BENE 285,202 288,164 247,385 279,190 297,795 7% PROF & ADMIN 254,911 175,283 173,904 334,100 145,100 -57% OTHER OPERATING 8,323 9,364 5,242 19,900 20,300 2% UTILITIES 420 420 280 400 1,000 150% COST POOL 21,190 21,190 18,542 22,250 69,697 213% A87 COST PLAN REI (115,445) (121,090) (58,719) (70,463) (70,463) 0% EXPENDITURE 861,593 816,560 749,009 1,035,627 952,757 -8%

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE 15 CITY ATTORNEY
LICENSES,PRMITS&F (50) (60) (515) - - - OTHER REVENUE - - (26,000) - - - REVENUE (50) (60) (26,515) - - - SALARIES AND WAG 961,622 938,830 729,521 1,485,029 1,381,647 -7% PYRLL/FRINGE BENE 557,061 465,611 381,425 725,294 723,986 0% PROF & ADMIN 170,357 1,055,495 986,296 2,138,823 1,974,850 -8% OTHER OPERATING 20,333 18,283 14,620 24,750 27,750 12% UTILITIES - - 848 - - - EQPT & CONTRACT 544 428 398 4,075 1,250 -69% COST POOL 76,143 76,143 66,624 79,950 128,194 60% A87 COST PLAN REI (221,539) (232,373) (265,896) (319,088) (319,088) 0% EXPENDITURE 1,564,521 2,322,417 1,913,836 4,138,833 3,918,589 -5% 16 PLANNING & BUILDING SERVICES
LICENSES,PRMITS&F (562,568) (845,379) (395,929) (905,500) (955,500) 6% CHARGES FOR SERV (7,538) - - - - - OTHER REVENUE - (47,204) (52,183) (30,000) (30,000) 0% REVENUE (570,107) (892,583) (448,111) (935,500) (985,500) 5% SALARIES AND WAG 591,734 699,341 561,741 819,267 866,463 6% PYRLL/FRINGE BENE 531,377 570,065 467,027 645,462 659,808 2% PROF & ADMIN 6,079 134,618 251,861 898,400 875,400 -3% OTHER OPERATING 15,323 20,279 9,230 28,947 28,947 0% UTILITIES 7,839 7,535 4,839 11,500 11,500 0% EQPT & CONTRACT 50,532 6,000 7,105 13,549 13,549 0% COST POOL - - 137,500 165,000 410,489 149% EXPENDITURE 1,202,884 1,437,838 1,439,302 2,582,125 2,866,156 11% 17 FINANCE
LICENSES,PRMITS&F - (68) - (17,000) - -100% OTHER REVENUE (7,346) - - - - - REVENUE (7,346) (68) - (17,000) - -100% SALARIES AND WAG 2,166,042 2,461,867 2,002,940 2,733,513 3,118,027 14%

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE PYRLL/FRINGE BENE 1,716,969 1,712,778 1,402,950 2,155,114 2,070,225 -4% PROF & ADMIN 556,116 865,643 445,828 974,222 999,389 3% OTHER OPERATING 57,475 65,256 53,206 69,306 65,806 -5% UTILITIES 1,081 1,633 2,489 1,400 1,400 0% EQPT & CONTRACT 206 299 220 442 435 -2% COST POOL 171,164 171,164 149,768 179,722 325,610 81% A87 COST PLAN REI (1,009,656) (1,059,033) (960,327) (1,152,435) (1,152,435) 0% EXPENDITURE 3,659,395 4,219,607 3,097,074 4,961,284 5,428,457 9% 18 HUMAN RESOURCES
SALARIES AND WAG 894,777 913,569 608,650 1,004,427 1,367,842 36% PYRLL/FRINGE BENE 572,651 564,627 409,534 611,438 850,386 39% PROF & ADMIN 528,412 462,099 372,180 943,762 919,700 -3% OTHER OPERATING 17,010 23,513 20,338 22,343 35,705 60% UTILITIES - - 854 800 1,500 88% EQPT & CONTRACT 69 148 78 150 150 0% COST POOL 102,656 102,656 89,825 107,789 244,442 127% ASSET/CAPITAL OUT - 2,603 - - - - A87 COST PLAN REI (204,698) (214,708) (153,568) (184,290) (184,290) 0% EXPENDITURE 1,910,877 1,854,507 1,347,890 2,506,419 3,235,435 29% 19 POLICE
LICENSES,PRMITS&F (824,572) (100,526) (82,049) (90,500) (90,000) -1% FINES & FORFEITUR (205,282) (183,619) 30,241 (140,000) (50,000) -64% CHARGES FOR SERV (1,159,538) (1,499,130) (714,072) (1,102,500) (1,068,000) -3% OTHER REVENUE (213,899) (139,772) (58,280) (82,000) (12,000) -85% INTERGOV STATE G (35,369) (24,304) (7,885) (10,000) (10,000) 0% INTERGOV OTHER G (249,854) (272,254) (269,817) (250,000) (250,000) 0% OPER XFERS IN (187,179) (24,629) - - - - REVENUE (2,875,692) (2,244,234) (1,101,862) (1,675,000) (1,480,000) -12% SALARIES AND WAG 30,113,212 28,000,230 20,779,860 30,044,353 34,650,301 15% PYRLL/FRINGE BENE 24,903,402 24,691,272 17,740,980 28,524,847 27,305,984 -4% PROF & ADMIN 3,136,510 4,053,052 2,804,728 4,232,984 4,739,800 12%

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE OTHER OPERATING 2,358,663 549,118 2,165,268 2,523,896 2,712,200 7% UTILITIES 294,336 357,161 153,612 400,000 400,000 0% EQPT & CONTRACT 250,938 230,776 136,175 524,996 614,600 17% PROVISN FOR INS LO 1,725 1,812 5,200 5,200 5,700 10% COST POOL 3,142,833 3,230,833 2,724,978 3,269,974 6,133,313 88% ASSET/CAPITAL OUT 193,731 154,986 100,235 2,726,452 510,000 -81% DEBT SVC EXPENDIT 236,160 2,090,358 206,031 206,031 - -100% OPER XFERS OUT - 57,232 - - - - EXPENDITURE 64,631,509 63,416,829 46,817,067 72,458,732 77,071,898 6% 20 FIRE
LICENSES,PRMITS&F (859,533) (721,295) (482,065) (925,000) (855,000) -8% CHARGES FOR SERV (1,537,438) (1,080,213) (485,191) (870,503) (720,503) -17% OTHER REVENUE - (825) - - - - INTERGOV OTHER G - - (18,127) - - - REVENUE (2,396,971) (1,802,333) (985,383) (1,795,503) (1,575,503) -12% SALARIES AND WAG 16,915,495 17,723,746 13,643,409 19,009,103 19,219,342 1% PYRLL/FRINGE BENE 13,815,750 13,893,212 10,581,509 14,824,371 15,152,073 2% PROF & ADMIN 211,482 172,929 133,965 1,588,365 1,538,315 -3% OTHER OPERATING 105,318 79,243 77,009 262,352 533,694 103% UTILITIES 28,207 23,061 16,259 33,500 33,500 0% EQPT & CONTRACT 50,919 48,081 41,685 136,850 191,350 40% PROVISN FOR INS LO 10,618 24,861 23,441 23,441 25,000 7% COST POOL 892,331 1,642,331 1,012,040 1,214,448 2,686,670 121% ASSET/CAPITAL OUT 10,182 13,250 4,562 25,059 25,500 2% DEBT SVC EXPENDIT 114,991 114,827 57,328 114,613 114,442 0% OPER XFERS OUT 326,018 326,018 244,514 326,018 326,018 0% EXPENDITURE 32,481,310 34,061,559 25,835,720 37,558,120 39,845,904 6% 21 OFFICE OF NEIGHBORHOOD SAFETY
OTHER REVENUE (5,000) (5,000) - - - - INTERGOV STATE G (224,773) (29,838) - - - - INTERGOV OTHER G (37,198) - (2,000) - - -

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE REVENUE (266,971) (34,838) (2,000) - - - SALARIES AND WAG 615,247 734,227 660,938 1,341,638 1,510,773 13% PYRLL/FRINGE BENE 506,344 579,645 507,432 1,153,168 1,049,285 -9% PROF & ADMIN 300,028 11,495 21,097 757,738 783,710 3% OTHER OPERATING 11,930 19,558 7,285 109,986 97,640 -11% UTILITIES 11,445 11,472 8,627 64,060 20,000 -69% COST POOL 102,010 152,010 422,591 507,111 306,104 -40% ASSET/CAPITAL OUT 4,797 1,835 4,546 1,756 28,000 1495% GRANT EXPENDITUR 71,673 12,067 2,023 34,838 - -100% EXPENDITURE 1,623,475 1,522,309 1,634,538 3,970,295 3,795,512 -4% 23 PUBLIC WORK & ENGINEERING SVCS
LICENSES,PRMITS&F (168,837) (307,887) (23,809) (131,100) (106,100) -19% CHARGES FOR SERV (1,158,208) (964,488) (698,783) (1,463,289) (638,289) -56% OTHER REVENUE (15,887) (5,125) (9,637) - (120,000) - RENTAL INCOME (17,218) (17,218) (14,348) (18,000) (18,000) 0% PROC FR SLE PROP (71,458) (1,633) (797) (100,000) - -100% REVENUE (1,431,608) (1,296,351) (747,374) (1,712,389) (882,389) -48% SALARIES AND WAG 7,823,921 8,242,883 6,851,926 9,409,739 10,266,536 9% PYRLL/FRINGE BENE 6,949,120 6,952,299 5,714,542 7,919,295 8,200,500 4% PROF & ADMIN 390,665 412,921 455,732 1,630,396 1,600,334 -2% OTHER OPERATING 2,060,138 2,151,464 1,707,828 2,104,050 2,396,720 14% UTILITIES 3,622,829 3,735,282 2,932,441 4,091,266 4,058,504 -1% EQPT & CONTRACT 1,028,784 1,144,726 684,674 1,014,212 957,400 -6% COST POOL 3,686,520 3,609,030 3,691,525 4,429,831 8,046,803 82% ASSET/CAPITAL OUT 28,186 6,058 16,116 780,800 10,000 -99% DEBT SVC EXPENDIT 696,188 703,120 597,330 716,365 726,911 1% A87 COST PLAN REI (771,140) (808,964) (637,917) (647,398) (647,398) 0% OPER XFERS OUT - - - 11,530 - -100% EXPENDITURE 25,515,210 26,148,819 22,014,198 31,460,086 35,616,309 13% 24 LIBRARY & CULTURAL SERVICES

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE OTHER REVENUE - (278) - - - - RENTAL INCOME (27,225) - (25,030) - (20,000) - INTERGOV OTHER G - - - (10,000) - -100% REVENUE (27,225) (278) (25,030) (10,000) (20,000) 100% SALARIES AND WAG 1,924,813 2,192,067 1,686,799 2,438,588 3,162,102 30% PYRLL/FRINGE BENE 1,842,340 1,832,755 1,330,065 2,002,702 2,227,996 11% PROF & ADMIN 349,687 483,232 256,375 634,265 811,353 28% OTHER OPERATING 45,870 37,819 32,382 66,298 57,220 -14% UTILITIES 4,604 10,491 7,150 8,000 9,700 21% EQPT & CONTRACT 727 2,592 270 1,586 1,600 1% COST POOL 246,440 246,440 215,634 258,762 326,902 26% ASSET/CAPITAL OUT 2,381 757 263 13,627 20,100 48% EXPENDITURE 4,416,861 4,806,154 3,528,938 5,423,827 6,616,973 22% 25 COMMUNITY SERVICES
LICENSES,PRMITS&F (171,482) (491,120) (433,183) (781,808) (548,720) -30% OTHER REVENUE (2,066) (216,175) (31,686) (15,500) (16,000) 3% RENTAL INCOME (364,396) (436,961) (579,151) (525,567) (563,950) 7% INTERGOV OTHER G (13,887) - - (3,569) - -100% REVENUE (551,830) (1,144,256) (1,044,020) (1,326,445) (1,128,670) -15% SALARIES AND WAG 2,020,619 2,456,541 2,069,682 2,648,292 3,280,622 24% PYRLL/FRINGE BENE 1,970,059 2,116,225 1,701,616 1,998,068 1,939,311 -3% PROF & ADMIN 116,718 261,028 156,046 585,728 617,376 5% OTHER OPERATING 25,156 43,658 15,060 57,907 63,683 10% UTILITIES 15,331 17,184 17,336 50,794 43,125 -15% EQPT & CONTRACT 140 796 2,731 5,671 6,000 6% COST POOL 402,718 447,718 494,044 592,854 407,927 -31% ASSET/CAPITAL OUT 43,579 40,971 10,624 14,832 11,927 -20% GRANT EXPENDITUR 76,225 78,714 (2,996) 83,153 19,155 -77% EXPENDITURE 4,670,545 5,462,833 4,464,143 6,037,298 6,389,126 6% 26 INFORMATION TECHNOLOGY
LICENSES,PRMITS&F (5,000) - - - - -

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE OTHER REVENUE (4,363) (3,885) (22,057) - - - REVENUE (9,363) (3,885) (22,057) - - - SALARIES AND WAG 885,747 861,931 624,348 978,767 1,042,181 6% PYRLL/FRINGE BENE 655,679 573,872 412,824 650,072 668,027 3% PROF & ADMIN 434,277 556,671 534,066 1,513,652 860,432 -43% OTHER OPERATING 57,358 59,593 51,715 69,880 79,945 14% UTILITIES 469,095 565,381 413,618 430,100 435,100 1% EQPT & CONTRACT 446,310 718,644 683,462 945,448 929,820 -2% COST POOL 56,827 56,827 95,558 114,668 162,969 42% ASSET/CAPITAL OUT 567,313 812,170 382,216 1,259,600 1,033,473 -18% A87 COST PLAN REI (499,171) (523,579) (342,382) (410,873) (410,873) 0% EXPENDITURE 3,073,435 3,681,511 2,855,426 5,551,314 4,801,074 -14% 36 ECONOMIC DEVELOPMENT PROGRM
OTHER TAXES - (1,596,281) (1,108,250) (1,607,614) (1,687,995) 5% OTHER REVENUE (145) (1,557) - - - - OPER XFERS IN (86,778) (86,778) (65,082) (86,778) (86,778) 0% REVENUE (86,923) (1,684,617) (1,173,332) (1,694,392) (1,774,773) 5% SALARIES AND WAG 746,224 596,325 558,503 704,987 841,530 19% PYRLL/FRINGE BENE 472,978 358,036 336,200 420,961 448,578 7% PROF & ADMIN 665,095 620,906 219,917 1,253,436 1,543,336 23% OTHER OPERATING 289,019 259,945 3,067 305,150 55,050 -82% UTILITIES 262 4,931 16,436 35,440 10,440 -71% EQPT & CONTRACT 949 1,040 791 1,000 1,000 0% PROVISN FOR INS LO - - - 1,000 1,500 50% COST POOL - - - - 71,285 - ASSET/CAPITAL OUT - 743 347 - - - OPER XFERS OUT 303,275 - - - - - EXPENDITURE 2,477,803 1,841,927 1,135,262 2,721,974 2,972,719 9% 37 INTERNAL SERVICES PROGRAM
CHARGES FOR SERV (5,610) (4,085) - - - - REVENUE (5,610) (4,085) - - - -

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE SALARIES AND WAG 136,158 277,728 178,182 234,114 242,562 4% PYRLL/FRINGE BENE 83,147 146,715 82,096 110,057 108,692 -1% PROF & ADMIN 26,207 10,542 1,313 31,400 - -100% OTHER OPERATING 1,640 1,278 747 1,500 - -100% UTILITIES - - - 1,000 - -100% COST POOL - - - - 15,929 - EXPENDITURE 247,152 436,263 262,338 378,071 367,183 -3% 38 TRANSPORTATION OPERATION
LICENSES,PRMITS&F (35,817) (46,508) (26,732) (35,000) (25,000) -29% CHARGES FOR SERV (4,489) (3,468) (355) - (200) - OTHER REVENUE - - (435) - - - REVENUE (40,307) (49,976) (27,521) (35,000) (25,200) -28% SALARIES AND WAG 5,174 107,141 184,432 134,503 162,194 21% PYRLL/FRINGE BENE 2,497 61,030 107,419 61,922 69,464 12% PROF & ADMIN 1,749 3,926 435 16,028 10,500 -34% OTHER OPERATING 294 4,482 5,713 13,800 17,200 25% EQPT & CONTRACT - - 1,015 2,972 6,600 122% COST POOL - - - - 40,431 - ASSET/CAPITAL OUT - - - 2,000 500 -75% EXPENDITURE 9,714 176,579 299,013 231,225 306,889 33% 91 NON-DEPARTMENTAL
PROPERTY TAXES (45,140,902) (47,362,317) (41,846,201) (48,608,929) (48,608,929) 0% SALES & USE TAX (48,998,406) (53,453,323) (31,559,465) (55,554,137) (56,408,015) 2% UTILITY USERS TAX (45,240,705) (48,373,587) (42,748,129) (50,861,279) (56,765,473) 12% OTHER TAXES (25,545,139) (24,976,795) (11,517,709) (20,844,573) (21,549,728) 3% LICENSES,PRMITS&F (3,272,774) (8,618,935) (9,050,125) (8,194,448) (8,633,175) 5% FINES & FORFEITUR (249,495) (221,821) (178,504) (325,275) (281,144) -14% USE OF MONEY&PR (105,320) (168,426) (501,329) (1,021,047) (1,011,535) -1% CHARGES FOR SERV (185,042) (201,145) (274) (132,000) (132,000) 0% OTHER REVENUE (142,758) (384,185) (51,986) (60,480) (60,480) 0% RENTAL INCOME (290,463) (269,417) (163,569) (330,939) (175,078) -47%

City of Richmond
Attachment 2 General Fund by Department
FY2020-21 FY2021-22 FY2022-23 FY2022-23 FY2023-24 PCT
ACTUALS ACTUALS ACTUALS REV. BUDGET DRAFT BUDGET CHANGE INTERGOV STATE TA (81,571) (127,228) (118,794) (125,000) (125,000) 0% INTERGOV STATE G (161,042) (165,092) (90,103) (165,000) (100,000) -39% PROC FR SLE PROP - (5,155) - - - - LOAN/BOND PROCE - (93,800) (39,400) (39,400) (40,400) 3% OPER XFERS IN (9,180,823) (9,748,530) (16,476,646) (19,633,640) (19,563,538) 0% REVENUE (178,594,440) (194,169,755) (154,342,233) (205,896,147) (213,454,495) 4% SALARIES AND WAG 2,400,000 2,600,000 2,166,661 2,108,284 (633,415) -130% PYRLL/FRINGE BENE 4,501,504 4,672,550 10,117,802 4,038,140 2,046,211 -49% PROF & ADMIN 639,462 1,224,335 809,132 2,062,328 908,620 -56% OTHER OPERATING 254,876 890,814 191,648 1,177,465 297,375 -75% UTILITIES - - - 256,881 - -100% EQPT & CONTRACT - - 29,065 226,037 - -100% COST POOL 4,225,357 4,225,357 3,482,695 4,179,233 5,222,361 25% ASSET/CAPITAL OUT - - - 1,000,000 - -100% A87 COST PLAN REI (134,587) 15,909 (355,126) (566,610) (566,611) 0% OPER XFERS OUT 16,001,954 16,081,705 7,308,823 17,447,880 17,238,684 -1% EXPENDITURE 27,888,566 29,710,670 23,750,700 31,929,638 24,513,225 -23% GF - REVENUE (188,404,657) (203,328,663) (160,001,965) (215,103,041) (221,330,130) GF - EXPENDITURE 177,609,420 183,479,649 142,772,332 215,139,689 221,330,130 GF - GRAND TOTAL (10,795,237) (19,849,014) (17,229,633) 36,648 -