Richmond City Council
July 11, 2023

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Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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City of Richmond
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City of Richmond
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Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

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PlanetBids, Inc.
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July 11, 2023
Public Works
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM Daniel Chavarria, Director of Public Works
Nannette Beacham, Director of Economic Development
SUBJECT: Terminal 4 Wharf Removal Grant and Construction Contract Amendment
FINANCIAL IMPACT: The City has received $6,930,439 in total grant funds for the Terminal 4 Wharf Removal Project and was recently
awarded a $2,300,000 grant augmentation from the San
Francisco Bay Restoration Authority to complete the
project. No impact to the General Fund will occur as a
result of this grant augmentation and contract
amendment.

PREVIOUS COUNCIL
ACTION:

March 16, 2021; May 2, 2023

STATEMENT OF THE
ISSUE:

The San Francisco Bay Restoration Authority approved a
grant augmentation of $2,300,000 for the Terminal 4
Wharf Removal Project. These funds would augment the
$2,300,000 in funds they previously awarded the project.

City staff is seeking City Council approval to accept and appropriate the grant funds, including authorizing the City Manager to execute any necessary grant documents and
to amend the construction agreement with Silverado
Contractor’s Inc. to include the Alternative B.

AGENDA
REPORT
1497

July 11, 2023
RECOMMENDED ACTION: AUTHORIZE the City Manager or designee to execute the necessary agreements with the State Coastal
Conservancy to accept the additional $2,300,000 in
grants funds; APPROPRIATE the grant funds, once
awarded and funding agreement is executed;
AUTHORIZE the execution of an amendment to the
construction agreement with Silverado Contractor’s, Inc. to add the Alternative “B” scope from the Bid in the
amount of $2,067,900, for a new construction agreement
total of $7,365,826; and AUTHORIZE the Director of
Public Works to approve change orders, if necessary, for up to a new total construction contingency amount of
$736,582 – Public Works Department/Economic
Development (Daniel Chavarria 510-620-5478/Nannette
Beachman 510-621-1306).

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 City will be carrying out the implementation of the Terminal Four Wharf Removal Project as the property owner.

On May 2, 2023, following a competitive bidding process, the City Council awarded a construction agreement with Silverado Contractor’s Inc. in an amount not to exceed $5,297,926 including Base Bid and Alternate “A”, and authorized the Public Works Director to approve change orders, if necessary, for up-to a contingency amount of $529,800. The Bid included an Alternative “B” that required additional funding 1498

July 11, 2023
(Attachment 3). City staff has been working with the San Francisco Bay Restoration Authority (SFBRA) to seek an augmentation to the City’s previously approved grant to complete the project since the bids came in greater than previously anticipated. The SFBRA approved a $2,300,000 augmentation, for a total grant amount of $4,600,000.

The additional funds will allow the City to modify the construction agreement to include Alternative “B” in the amount of $2,067,900 and complete full implementation of the project avoiding the need to revise or eliminate components of the project. Therefore, City staff is seeking City Council approval to accept and appropriate the additional $2,300,000 grant funds, including authorizing the City Manager to execute any necessary grant documents and to amend the construction agreement with Silverado Contractor’s Inc. to include Alternative “B” (Attachment 1), and authorize the Director of Public Works to approve change orders, if necessary, for up to a new total construction contingency amount of $736,582.

Below is a Summary Table of the Bids Components, Related Costs, and Grant Funds:

Scope Cost
Base Bid & Alt. A (Awarded) $5,297,926
Alt. B (Proposed) $2,067,900
TOTAL $7,365,826
10% Contingency $736,582
TOTAL with 10% contingency $8,102,408
Grant Secured Amount
Funds raised to Date $6,930,439
New SFBRA Funds $2,300,000
TOTAL Funds $9,230,439
Other costs related to this project include design consulting services and construction management consulting services.

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, 1499

July 11, 2023
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 – Construction Agreement Amendment
Attachment 2 – Original Construction Agreement
Attachment 3 – Silverado Bid Package
1500
1 FIRST AMENDMENT TO

CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND

SILVERADO CONTRACTORS
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of ______________________, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Silverado Contractors, a [CORPORATE ENTITY] (“Contractor”), with reference to the following facts.

RECITALS
A. City and Contractor entered into that certain Construction Agreement dated June 7, 2023, (the “Agreement”) to furnish Terminal Four Wharf Removal (the “Project”).

B. The Parties now desire to enter into this First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $2,067,900.00 (the “Additional Expenditures”), for a total amended not-to exceed amount of $7,365,826.00 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).

NOW THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:

Section 1 Amendment to Payments.

The Construction Agreement is hereby amended by this First Amendment in order to increase the Original Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the First Amended Amount.

Section 2. Amendment to Scope of Work.

The Construction Agreement is hereby amended by this First Amendment in order to add Alternative B of the original bid to the Project as set forth in Attachment 1.

Section 3. Miscellaneous.
(a) Except as amended by this First Amendment, the Construction Agreement has not been modified and is in full force and effect.
(b) Each of the individuals executing this First Amendment on behalf of the Contractor and City individually represents and warrants that he or she has been authorized to do so and has the power to bind the party for whom they are signing. (c) This First Amendment may be signed in any number of counterparts with the same effect as it the signatures to each counterpart were upon a single instrument and is intended 1501
2 to be binding when all parties have delivered their signatures to the other parties. Signatures may be delivered by facsimile or electronic transmission. All counterparts shall be deemed an original of this First Amendment.
(d) WHEREFORE, the Parties have executed this First Amendment on or as of the date first above written.

IN WITNESS WHEREOF, City and Contractor have executed this First Amendment duly authorized representatives, all on the date first written above.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name:

Its: City Manager
CONTRACTOR:
________________, a [CORPORATE FORM]
By: _________________________________
Name:

Its:
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3 Attachment 1
Contractor shall perform the work set forth in Alternative B as described in the Original Bid, attached herein.
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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.

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 7th day
June
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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 DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1546
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.

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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 DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1548
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.

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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:

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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.
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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.

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As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public 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 work 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 DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1553
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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:

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(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.

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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 DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1556
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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 demand 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 conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1557
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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 party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or 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 failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code, shall not constitute an adverse finding with regard to the merits of the 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.

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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 DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1559
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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.

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Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

Section 3.12 Force Majeure.

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

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Section 3.13 Waivers.

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

Section 3.14 Title of Parts and Sections.

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

Section 3.15 Entire Understanding of the Parties.

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

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

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
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WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:

Silverado Contractors Inc.

By: _________________________________
Name: _________________________________
Its: _________________________________
DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 Peter Knuth
VP
7/1/2023
Mayor
7/5/2023
Eduardo Martinez
7/6/2023
1563
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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.

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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'sfailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT B
DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129

SILVERADO CONTRACTORS
Peter Knuth VP
7th
6/19/2023

SILVERADO CONTRACTORS
June 23 Richmond
1565
___ Exhibit C

City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1566
___ Exhibit C

City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

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

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

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

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

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

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

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1567
___ Exhibit C

City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

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

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

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

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1568
___ Exhibit C

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.

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1569
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1610

July 11, 2023
Public Works
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Greg Hardesty, Parks Maintenance Superintendent
Subject Proposed Contracts for On-Call Tree Trimming, Pruning and Tree Removal Services on an As-Needed Basis
FINANCIAL IMPACT: Each on-call contract will have a capacity of $500,000 for a term of three years with two optional one-year
extensions. In conformance with City policy, eligible
funds will be budgeted in the Public Works Parks
Maintenance Division budget and encumbered prior to
issuance of individual Work Authorizations for
performance of specific services.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Public Works staff is recommending approval of standing contracts for On-Call Tree Trimming, Pruning and Tree
Removal Services with Julian Tree Care (Richmond),
The Professional Tree Care Co. (Berkeley) and Sierra
Tree Company (Rohnert Park).

AGENDA
REPORT
1611

July 11, 2023
RECOMMENDED ACTION ADOPT a resolution awarding on-call contracts for tree trimming, pruning, and tree removal services on an asneeded basis with three vendors (Julian Tree Care, The Professional Tree Care Co., and Sierra Tree Company),
in an amount not to exceed $500,000 per vendor, for
three-year terms beginning July 11, 2023 through June
30, 2026, with two optional one-year extensions, in an
amount not to exceed $300,000 per vendor for the
additional two-year period – Public Works Department
(Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-
6920).

DISCUSSION:

The City has experienced a sharp increase in city-wide tree maintenance needs, including removal of tree stumps, pruning of tree canopies, pruning of tree roots in conjunction with the City’s sidewalk maintenance program, responding to downed trees due to inclement weather, and general tree care.

To respond to these increasing demands, the City of Richmond solicited bids on June 6, 2023, for city-wide on-call tree trimming, pruning, and tree removal services on an asneeded basis. On June 23, 2023, eight bids were received. The bids were reviewed by Greg Hardesty (Parks Maintenance Division Superintendent), Mark Maltagliati (Parks Maintenance Division Supervisor), and Daniel Chavarria (Director of Public Works).

To establish a baseline for competitive bidding, Public Works staff included a bid sheet in the solicitation. The unit costs and resulting total costs provided by bidders serve as a basis for establishing the lowest responsive and responsible bidder. This process also ensures each vendor has a set unit cost for services when work is performed under this contract. The total amount for each contract includes a not-to-exceed amount to cap the work that can be performed during the term of the contract. The following is a tabulation of the bids that were received:

West Coast Tree Service, Inc., Anderson $18,733
Sierra Tree Company, Rohnert Park $20,100
The Professional Tree Care Co., Berkely $21,950
Julian Tree Care, Richmond $26,495
West Coast Arborists, Inc., Pinole $32,945
Skyview Tree Experts, Santa Rosa $35,125
Best Quality Tree Service, San Pablo $38,065
Brightview Tree Care Service, Pasadena $79,520
West Coast Tree Service, Inc., withdrew their bid.

The three lowest responsive responsible bids were determined to be:
1612

July 11, 2023
Julian Tree Care (Richmond)
The Professional Tree Care Co. (Berkeley)
Sierra Tree Company (Rohnert Park)
Public Works staff recommends awarding three-year standing on-call contracts for $500,000 each to Julian Tree Care, The Professional Tree Care Co., and Sierra Tree Company, with two optional one-year extensions for each firm, in an amount not to exceed $300,000 per vendor for the additional two-year period.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Julian Tree Care Contract
Attachment 3 – The Professional Tree Care Co. Contract
Attachment 4 – Sierra Tree Company Contract
Attachment 5 – Bidsonline Report
Attachment 6 – Canvass of Bids
Attachment 7 – Request for Bids
1613
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RICHMOND AWARDING THREE ON-CALL TREE TRIMMING,

PRUNING AND TREE REMOVAL SERVICES CONTRACTS IN AN
AMOUNT NOT TO EXCEED $500,000 PER CONTRACT OVER A

THREE-YEAR PERIOD WITH TWO ONE- YEAR OPTIONS TO
EXTEND
WHEREAS, the Parks Maintenance Division of the Public Works Department anticipates tree maintenance projects funded by various fund sources, will arise during the period of July 11, 2023 to June 30, 2026; and WHEREAS, the City’s procurement process for tree maintenance contracts can take up to three months before contracts are fully executed and a project can begin; and
WHEREAS, the Public Works Department has demonstrated that the use of a pool of on-call tree contractors that have passed the competitive bidding process eliminates much of the delay and costs associated with project-by-project bidding; and
WHEREAS, on June 6, 2023, the Parks Maintenance Division issued a request for bids for On-Call Tree Trimming, Pruning and Tree Removal Services through the City’s BidsOnline system; and
WHEREAS, eight (8) tree service contractors submitted bids; and WHEREAS, the bids were reviewed by Greg Hardesty (Parks Maintenance Superintendent), Mark Maltagliati (Parks Maintenance Supervisor) and Daniel Chavarria (Director of Public Works); and
WHEREAS, the three lowest responsive responsible bidders were determined to be Julian Tree Care, Inc., The Professional Tree Care Co., and Sierra Tree Company; and
WHEREAS, each On-Call Tree Trimming, Pruning and Tree Removal Services Contract with an approved contractor would be for an amount not to exceed $500,000 over a three-year period with two one-year options to extend each contract; and
WHEREAS, the additional two-year extension period is not to exceed $300,000 per vendor; and
WHEREAS, the contractors hired for On-Call Tree Trimming, Pruning and Tree Removal Services will provide services as requested by the City Manager and/or Director of Public Works; and
WHEREAS, contractors on the standing on-call list will be asked to submit proposals for each project and a Work Authorization will be issued to the lowest cost proposal per project.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the fundings and actions set forth in this Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Richmond hereby authorizes the City Manager or their designee to execute the OnCall Tree Trimming, Pruning and Tree Removal Services contracts, and to negotiate and execute the two one-year options to extend each contract. *****************************
1614
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting held on July 11, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
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1746
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1747
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1748
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1749
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1750
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1751
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1752
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1753
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1754
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1755
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1756
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1757
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1758
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1759
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1760
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1761
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1762
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1763
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1764
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1765
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1766
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1767
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1768
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1769
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1770
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1771
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1772
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1773
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1774
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1775
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1776
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1777
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1778
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1779
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1780
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1781
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1782
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1783
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1784
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1785
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1786
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1787
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1788
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1789
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1790
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1791
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1792
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1793
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1794
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1795
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1796
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1797
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1798
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1799
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1800
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1801
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1802
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1803
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1804
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1805
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1806
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1807
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1808
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1809
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1810
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1811
City of Richmond
ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES, bidding on 06/20/2023 4:00 PM (PDT)

Printed 06/26/2023
PlanetBids, Inc.
1812
City of Richmond
Bid Results for Project ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES Issued on 06/06/2023
Bid Due on June 20, 2023 4:00 PM (PDT)
Exported on 06/26/2023
Line Totals (Unit Price * Quantity)
Item Num
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
1813
City of Richmond
Bid Results for Project ON-CALL TREE TRIMMING, PRUNING, AND TREE REMOVAL SERVICES Issued on 06/06/2023
Bid Due on June 20, 2023 4:00 PM (PDT)
Exported on 06/26/2023
Line Totals (Unit Price * Quantity)
Section
Section 1 - Tree Trimming
Section 1 - Tree Trimming
Section 1 - Tree Trimming
Section 1 - Tree Trimming
Section 2 - Tree and Stump Removal
Section 2 - Tree and Stump Removal
Section 2 - Tree and Stump Removal
Section 2 - Tree and Stump Removal
Section 3- Tree Felling (No Stump Removal Required)
Section 3- Tree Felling (No Stump Removal Required)
Section 3- Tree Felling (No Stump Removal Required)
Section 3- Tree Felling (No Stump Removal Required)
Section 4 - Individual Stump Grinding/Removal (Removal of Stump Where no Tree Felling is Required Section 4 - Individual Stump Grinding/Removal (Removal of Stump Where no Tree Felling is Required Section 4 - Individual Stump Grinding/Removal (Removal of Stump Where no Tree Felling is Required Section 4 - Individual Stump Grinding/Removal (Removal of Stump Where no Tree Felling is Required Section 5 - Tree Pollarding (Only subject to Trees that have been Trimmed and Pollarded on Regular Basis) Section 5 - Tree Pollarding (Only subject to Trees that have been Trimmed and Pollarded on Regular Basis) Section 5 - Tree Pollarding (Only subject to Trees that have been Trimmed and Pollarded on Regular Basis) Section 5 - Tree Pollarding (Only subject to Trees that have been Trimmed and Pollarded on Regular Basis) 1814
Item Code Description Reference Unit of Measure Quantity 1 Tree Trimming up to 12” (DBH) Each 1
2 Tree Trimming 13” to 24” (DBH) Each 1
2 Tree Trimming 25” to 36” (DBH) Each 1
4 Tree Trimming 37” and Over (DBH) Each 1
5 Tree and Stump Removal up to 12” (DBH) Each 1
6 Tree and Stump Removal 13” to 24” (DBH) Each 1
7 Tree and Stump Removal 25” to 36” (DBH) Each 1
8 Tree and Stump Removal 37” and Over (DBH) Each 1
9 Tree Felling up to 12” (DBH) Each 1
10 Tree Felling 13” to 24” (DBH) Each 1
11 Tree Felling 25” to 36” (DBH Each 1
12 Tree Felling 37” and Over (DBH) Each 1
13 Stump Removal up to 12” (DBH) Each 1
14 Stump Removal 13” to 24” Each 1
15 Stump Removal 25” to 36” Each 1
16 Stump Removal 37” and Over (DBH) Each 1
17 Pollarding up to 12” (DBH) Each 1
18 Pollarding 13” to 24” (DBH) Each 1
19 Pollarding 25” to 36” (DBH) Each 1
20 Pollarding 37” and Over (DBH) Each 1
1815
West Coast Tree Service, Inc. - Unit Price West Coast Tree Service, Inc. - Line Total $220.00 $220.00
$340.00 $340.00
$700.00 $700.00
$1,300.00 $1,300.00
Subtotal $2,560.00
$600.00 $600.00
$1,600.00 $1,600.00
$3,000.00 $3,000.00
$4,800.00 $4,800.00
Subtotal $10,000.00
$140.00 $140.00
$325.00 $325.00
$1,100.00 $1,100.00
$2,000.00 $2,000.00
Subtotal $3,565.00
$12.00 $12.00
$12.00 $12.00
$12.00 $12.00
$12.00 $12.00
Subtotal $48.00
$220.00 $220.00
$340.00 $340.00
$700.00 $700.00
$1,300.00 $1,300.00
Subtotal $2,560.00
Total $18,733.00
1816
West Coast Tree Service, Inc. - Response West Coast Tree Service, Inc. - Comment Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
1817
Sierra Tree Company - Unit Price Sierra Tree Company - Line Total $700.00 $700.00
$900.00 $900.00
$1,100.00 $1,100.00
$1,300.00 $1,300.00
$4,000.00
$1,200.00 $1,200.00
$1,400.00 $1,400.00
$1,600.00 $1,600.00
$1,900.00 $1,900.00
$6,100.00
$1,000.00 $1,000.00
$1,100.00 $1,100.00
$1,300.00 $1,300.00
$1,550.00 $1,550.00
$4,950.00
$300.00 $300.00
$350.00 $350.00
$400.00 $400.00
$500.00 $500.00
$1,550.00
$600.00 $600.00
$700.00 $700.00
$1,000.00 $1,000.00
$1,200.00 $1,200.00
$3,500.00
$20,100.00
1818
Sierra Tree Company - Response Sierra Tree Company - Comment Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
1819
The Professional Tree Care Co. - Unit Price The Professional Tree Care Co. - Line Total $150.00 $150.00
$250.00 $250.00
$300.00 $300.00
$400.00 $400.00
$1,100.00
$950.00 $950.00
$1,950.00 $1,950.00
$2,750.00 $2,750.00
$3,950.00 $3,950.00
$9,600.00
$875.00 $875.00
$1,700.00 $1,700.00
$2,450.00 $2,450.00
$3,650.00 $3,650.00
$8,675.00
$150.00 $150.00
$250.00 $250.00
$350.00 $350.00
$450.00 $450.00
$1,200.00
$175.00 $175.00
$300.00 $300.00
$400.00 $400.00
$500.00 $500.00
$1,375.00
$21,950.00
1820
The Professional Tree Care Co. - Response The Professional Tree Care Co. - Comment Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
1821
Julian Tree Care - Unit Price Julian Tree Care - Line Total Julian Tree Care - Response $350.00 $350.00 Yes
$550.00 $550.00 Yes
$950.00 $950.00 Yes
$1,600.00 $1,600.00 Yes
$3,450.00
$650.00 $650.00 Yes
$900.00 $900.00 Yes
$1,750.00 $1,750.00 Yes
$3,250.00 $3,250.00 Yes
$6,550.00
$1,200.00 $1,200.00 Yes
$1,800.00 $1,800.00 Yes
$3,500.00 $3,500.00 Yes
$6,000.00 $6,000.00 Yes
$12,500.00
$95.00 $95.00 Yes
$145.00 $145.00 Yes
$255.00 $255.00 Yes
$450.00 $450.00 Yes
$945.00
$250.00 $250.00 Yes
$450.00 $450.00 Yes
$850.00 $850.00 Yes
$1,500.00 $1,500.00 Yes
$3,050.00
$26,495.00
1822
Julian Tree Care - Comment West Coast Arborists, Inc. - Unit Price $145.00
$375.00
$675.00
$2,175.00
$675.00
$1,675.00
$2,675.00
$6,125.00
$575.00
$1,475.00
$2,275.00
$5,975.00
$100.00
$375.00
$575.00
$775.00
$475.00
$675.00
$2,175.00
$2,975.00
1823
West Coast Arborists, Inc. - Line Total West Coast Arborists, Inc. - Response $145.00 Yes
$375.00 Yes
$675.00 Yes
$2,175.00 Yes
$3,370.00
$675.00 Yes
$1,675.00 Yes
$2,675.00 Yes
$6,125.00 Yes
$11,150.00
$575.00 Yes
$1,475.00 Yes
$2,275.00 Yes
$5,975.00 Yes
$10,300.00
$100.00 Yes
$375.00 Yes
$575.00 Yes
$775.00 Yes
$1,825.00
$475.00 Yes
$675.00 Yes
$2,175.00 Yes
$2,975.00 Yes
$6,300.00
$32,945.00
1824
West Coast Arborists, Inc. - Comment SkyView Tree Experts, Inc. - Unit Price $195.00
$385.00
$1,200.00
$2,600.00
$625.00
$1,200.00
$4,600.00
$7,200.00
$525.00
$975.00
$4,100.00
$6,800.00
$250.00
$375.00
$695.00
$1,300.00
$140.00
$280.00
$560.00
$1,120.00
1825
SkyView Tree Experts, Inc. - Line Total SkyView Tree Experts, Inc. - Response $195.00 Yes
$385.00 Yes
$1,200.00 Yes
$2,600.00 Yes
$4,380.00
$625.00 Yes
$1,200.00 Yes
$4,600.00 Yes
$7,200.00 Yes
$13,625.00
$525.00 Yes
$975.00 Yes
$4,100.00 Yes
$6,800.00 Yes
$12,400.00
$250.00 Yes
$375.00 Yes
$695.00 Yes
$1,300.00 Yes
$2,620.00
$140.00 Yes
$280.00 Yes
$560.00 Yes
$1,120.00 Yes
$2,100.00
$35,125.00
1826
SkyView Tree Experts, Inc. - Comment best quality tree service - Unit Price $400.00
$750.00
$1,000.00
$1,700.00
$600.00
$1,115.00
$1,700.00
$2,600.00
$800.00
$1,500.00
$3,500.00
$5,500.00
$1,000.00
$2,500.00
$4,000.00
$6,500.00
$200.00
$500.00
$1,000.00
$1,200.00
1827
best quality tree service - Line Total best quality tree service - Response $400.00 Yes
$750.00 Yes
$1,000.00 Yes
$1,700.00 Yes
$3,850.00
$600.00 Yes
$1,115.00 Yes
$1,700.00 Yes
$2,600.00 Yes
$6,015.00
$800.00 Yes
$1,500.00 Yes
$3,500.00 Yes
$5,500.00 Yes
$11,300.00
$1,000.00 Yes
$2,500.00 Yes
$4,000.00 Yes
$6,500.00 Yes
$14,000.00
$200.00 Yes
$500.00 Yes
$1,000.00 Yes
$1,200.00 Yes
$2,900.00
$38,065.00
1828
best quality tree service - Comment Brightview Tree Care Services, Inc. - Unit Price $700.00
$1,760.00
$2,640.00
$5,280.00
$2,260.00
$3,520.00
$7,040.00
$14,240.00
$1,760.00
$3,520.00
$7,040.00
$10,560.00
$500.00
$500.00
$1,320.00
$1,920.00
$1,760.00
$2,640.00
$3,520.00
$7,040.00
1829
Brightview Tree Care Services, Inc. - Line Total
$700.00
$1,760.00
$2,640.00
$5,280.00
$10,380.00
$2,260.00
$3,520.00
$7,040.00
$14,240.00
$27,060.00
$1,760.00
$3,520.00
$7,040.00
$10,560.00
$22,880.00
$500.00
$500.00
$1,320.00
$1,920.00
$4,240.00
$1,760.00
$2,640.00
$3,520.00
$7,040.00
$14,960.00
$79,520.00
1830
Brightview Tree Care Services, Inc. - Response
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
1831
Brightview Tree Care Services, Inc. - Comment
Pollarding only on species that can tolerate such harsh pruning or as approved by ANSI A300. Crown Reduction
will be substituted..

Pollarding only on species that can tolerate such harsh pruning or as approved by ANSI A300. Crown Reduction
will be substituted.

Pollarding only on species that can tolerate such harsh pruning or as approved by ANSI A300. Crown Reduction
will be substituted.

Pollarding only on species that can tolerate such harsh pruning or as approved by ANSI A300. Crown Reduction
will be substituted.
1832

ON-CALL TREE TRIMMING, PRUNING, AND TREE

REMOVAL PROJECT
Release Date: June 6, 2023
Deadline for Submittal
June 20, 2023
City of Richmond
Public Works Department
1833
Interested vendors may obtain copies of the Bid from the City of Richmond’s website www.ci.richmond.ca.us/bids. To download documents, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the prospective bidders list for that project and will receive any addenda or notifications relating to the quote.

All submittals must be submitted electronically thru BidsOnline www.ci.richmond.ca.us/bids, shall be accepted until 4:00 pm, June 20, 2023 Hand delivered, fax and email submittals will not be accepted.

Introduction
The City of Richmond (“City”) is soliciting Bids for tree trimming, pruning, and tree removal services on an asneeded basis. The anticipated term of this contract will be for a period of three (3) years and an option to renew for two years by means of a mutual agreement of both parties.

Inquiries
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 p.m. PST, on June 13, 2023. If the City finds it necessary to issue an addendum, prospective bidders will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by June 15, 2023. It is the bidder’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the Bid that may have been posted.

Method of Award & Payment
A 3.1 Once an award has been made the City of Richmond will set up a contract with the responsive bidders.

A 3.2 All payments shall be made after successful completion of each project. No advance payments will be allowed.

A 3.3 The City of Richmond shall not be held liable for any costs incurred in the preparation and production of bid, or for any work performed prior to the issuance of a purchase order.

A 3.4 Awards made for this request including all change orders shall not exceed $750,000.

Rejection of Bids
This request for bid does not commit the City of Richmond to award a contract, or to procure or to contract for services or supplies. The City of Richmond reserves the right to accept or reject any or all bids received as a result of this request; or to cancel in part or in its entirety this bid.

Prevailing Wage
The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). 1834
Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.

TECHNICAL SPECIFICATIONS/SCOPE OF WORK
A. SCOPE OF WORK
Contractor shall comply with all laws, ordinances, rules, and regulations to the federal, state, local, authorities and departments, including OSHA, relating to or affecting the work hereunder, and shall obtain any and all permits, licenses, certifications and consents as may be necessary to perform the following services on an as needed basis:

1. TREE TRIMMING

1.1 Definition: A height reduction of 25% to 30%. Contractor shall use best practices for thinning out trees and removal of any potentially dangerous limbs.

1.2 Trimming shall be done in a manner satisfactory to the City and in accordance with the most current American National Standards Institute (ANSI) A300 guidelines for tree care operations.

1.3 Trimming includes pruning and limb removal, as defined below:
a. Pruning: includes the removal of all dead wood, corrective pruning and pruning to improve the appearance of the tree.
b. Limb Removal: A limb shall be defined as a woody protrusion from the tree being less than 1/3 the diameter of the trunk. The final cut shall be made in such a way to leave minimal wood on the outside of the branch collar and not strip any bark away from the trunk.

1.4. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub. Bark at the edge of all pruning cuts should remain firmly attached.

1.5. Branches too large to support with one hand shall be precut to avoid splitting or tearing of the bark. Where necessary, ropes or other equipment should be used to lower large branches or stubs to the ground.

1.6. All work shall be performed with minimum disruption to the existing vegetation.

1.7. Payment for trimming service shall be made on a per tree basis in four classes of measurements, based on Diameter at Breast Height (DBH), and as stipulated in the Bid Sheet. Contractor shall include in their bid the cost of removing and disposing of debris, and all other items as described in this scope of work to successfully complete the job. a. Throughout this scope of work DBH refers to the tree diameter measured at 4.5 feet above the ground and shall be determined by using a tape or caliper marked for direct diameter reading. Measurements shall be clearly documented for invoicing purposes. 1835
Measurements shall be rounded to the nearest inch.

1.8. Disposal of debris from tree trimming shall be in accordance with Section 7 “Debris/Brush Removal” of this Scope of Work.

1.9. During operations, proper signs and barricades shall be used to warn and protect the public against hazards in accordance with Section 10.6 “Signage and Barricades” of this Scope of Work.

1.10. If a street must be temporarily closed to traffic or traffic control is necessary to perform any service under this Agreement, it shall be done in accordance with Section 10.5- “Traffic Control” of this Scope of Work.

2. TREE AND STUMP REMOVAL
Tree and stump removal shall be done in a manner satisfactory to the City. Tree and stump removal shall be performed as described below.

2.1. Definition: Cutting tree down as close to ground level as possible, hauling away all debris to an approved disposal site, or other method of disposing of debris as dictated by a City representative, grinding the stump, removing stump grindings, backfilling, and thorough clean-up of the work site, as further described below.

2.2. Each stump shall be removed from the ground and the area restored after the tree has been removed.

2.3. No trees or trunks shall be felled onto pavement.

2.4. When stumps are requested to be removed completely, stumps and all surface roots shall be ground, where accessible, to a minimum of six (6) inches below ground level, removing all chips from the stump hole, and furnishing soil to immediately back-fill the resultant void within the same workday, and grading the soil upon completion. Contractor shall add extra soil when backfilling to compensate for settling.

2.5. Disposal of debris and mulch from tree removal and stump grinding shall be removed and disposed of by contractor.

2.6. During operations, proper signs and barricades shall be used to warn and protect the public against hazards in accordance with Section 10.6 – “Signage and Barricades” of this Scope of Work.

2.7. If a street must be temporarily closed to traffic or traffic control is necessary to perform any service under this Agreement, it shall be done in accordance with Section 10.5 - “Traffic Control” of this Scope of Work.

Payment for trimming service shall be made on a per tree basis in four classes of measurements, based on DBH, and as stipulated in the Bid Sheet. Contractor shall include in their bid the cost of removing and disposing of debris, and all other items as described in this scope of work to successfully complete the job. Measurements shall be made prior to removal of tree and clearly documented for invoicing purposes. 1836

3. TREE FELLING/NO STUMP REMOVAL REQUIRED

3.1. Definition: This section shall refer to the felling of trees, where no stump removal is requested. Cutting tree down as close to ground level as possible, hauling away all debris to an approved disposal site, or other method of disposing of debris as dictated by a City representative, and thorough clean-up of the work site, as further described below.

3.2. No trees or trunks shall be felled onto pavement.

3.3. Stumps are to be left flush cut with no sharp splinters or producing pieces of wood that would pose a trip hazard or hazard of any kind. The area shall be left uniform and level with the surrounding turf. All work shall be performed with a minimum of disruption to the existing vegetation.

3.4. Disposal of debris and mulch shall be removed and disposed of by contractor.

3.5. During operations, proper signs and barricades shall be used to warn and protect the public against hazards in accordance with Section 10.6– “Signage and Barricades” of this Scope of Work.

3.6. If a street must be temporarily closed to traffic or traffic control is necessary to perform any service under this Agreement, it shall be done in accordance with Section 10.5 - “Traffic Control” of this Scope of Work.

3.7. Payment for tree felling service shall be made on a per tree basis in four classes of measurements, based on DBH, and as stipulated in the Bid Sheet. Contractor shall include in their bid the cost of removing and disposing of debris, and all other items as described in this scope of work to successfully complete the job. Measurements shall be made prior to felling of tree and clearly documented for invoicing purposes.

4. INDIVIDUAL STUMP GRINDING/REMOVAL

4.1. Definition: This section shall refer to the grinding and removal of pre-existing stumps, where no felling of a tree is necessary. Stumps and all surface roots shall be ground, where accessible, to a minimum of six (6) inches below ground level, removing all chips from the stump hole, and furnishing soil to immediately back-fill the resultant void within the same workday, and grading the soil upon completion. Contractor shall add extra soil when backfilling to compensate for settling.

4.2. The area shall be left uniform and level with the surrounding turf. All work shall be performed with a minimum of disruption to the existing vegetation.

4.3. Disposal of debris and mulch shall be removed and disposed of by contractor.

4.4. During operations, proper signs and barricades shall be used to warn and protect the public against hazards in accordance with Section 10.6 – “Signage and Barricades” of this Scope of Work.

4.5. If a street must be temporarily closed to traffic or traffic control is necessary to perform any service under this Agreement, it shall be done in accordance with Section 10.5 - “Traffic Control” of this Scope of Work.
1837

4.6. All measurements for payment of individual stump removal work shall be made by measuring the circumference six inches above the ground with a tape marked for direct diameter reading, before work is performed. Measurements shall be rounded to the nearest inch. Payment for individual stump removals shall be made on a per stump basis in four classes, as stipulated in the Bid Sheet, and shall include the cost of removing and disposing of debris and turf restoration as described above.

If there is not six inches of stump remaining, measurement shall be taken at a mutually agreed upon point between Contractor and City.

5. DEBRIS/BRUSH REMOVAL

5.1. Contractor may only store or stockpile debris, wood chips, or mulch from tree removal and pruning operations on City property if specific arrangements with the City are made to do so.

5.2. If the City requests debris from tree work performed under this Agreement be transported from City property, it shall be done so at the conclusion of each working day or sooner if the volume requires more than one trip. No debris shall remain in the street or on the sidewalk or parkways overnight. Contractor shall legally discard all debris associated with work under this Agreement.
a. If agreeable to City, debris from grinding may be left on site, however it must be raked into a level surface. In some instances, City may request stumps and/or stump grindings/mulch to be relocated to a different area at the project site, or to be disposed of off-site. Contractor shall discuss where debris is to be disposed of with City prior to performing work.

5.3. Logs too large to grind may be placed in an area designated by City personnel, or requested to be disposed of off-site.

5.4. Payment for removal and disposal of debris shall be included in the unit prices for trimming, tree removal, and stump removal, and all other services requested under this Agreement.

5.5. Contractor may not use City dumpsters to dispose of any debris, unless specific arrangements with the City are made to do so.

5.6. Raking and sweeping of any walkways, driveways, and streets shall be the responsibility of the Contractor.

6. SCHEDULING OF SERVICES
Services under this Agreement shall be performed on an as-needed basis, individually requested basis, as detailed below:
1838

6.1. Response Time Regular
a. Contractor shall respond either verbally or in writing to City’s request for regular service within 48 hours of City’s initial request and schedule a mutually acceptable date/time to perform the work requested. Contractor shall perform the work within 14 business days of City’s initial request. If additional time is needed, Contractor shall clearly explain the circumstances to the City and obtain approval for the delay.

6.2. Response Time Emergency
a. Contractor shall respond either verbally or in writing to City’s request for emergency service within 4 hours of City’s initial request and schedule a mutually acceptable date/time to perform the emergency work requested. Contractor shall perform the emergency work within 12 hours of City’s initial request.
b. Contractor shall include a cost for labor on a per-hour basis for an emergency crew, a per cubic yard price for debris removal, and hourly rate on equipment used in an emergency situation, as outlined in the bid sheet.

6.3. Contractor shall coordinate their work schedule with a City representative prior to performing any services. For some sites, City may need to make appropriate pre- arrangements to allow Contractor access to site. Contractor shall only be on City property to perform services at a mutually agreed upon time/date.

7. PRACTICES NOT ALLOWED

7.1. Using climbing spikes, hooks, or irons on trees to be trimmed/pruned.

7.2. Any equipment that will damage the bark and cambium layer of shall not be used on or in live trees. Sharp tools shall be used so that clean cuts will be made at all times.

7.3. Topping, which is the indiscriminate removal of limbs.

7.4. Flush cutting, which damages vital trunk tissue needed to seal wounds.

7.5. Over thinning, which reduces the tree’s ability to produce sugars.

7.6. Wound painting and cavity filling which can trap moisture and lead to decay.

8. SITE AVAILABILITY
Site hours may vary depending on work location. Contractor shall discuss site availability and site access with City prior to performing work. Contractor and City shall come to a mutually agreed upon date and time for Contractor to perform the services.

9. CERTIFICATIONS

9.1. Contractor shall have a California C-27, C-61/D-49 license for landscaping and tree services.

9.2. All work done under this Agreement will be under the direct supervision of a California Certified Arborist.

9.3. Any chemical treatment of trees shall be done by a licensed Pesticide Operator or Applicator.

9.4. Contractors shall provide a copy of all certifications and licenses with their bid submittal.

10. SAFETY
Safety of Persons is of the utmost importance. It shall be the Contractor’s responsibility to secure areas where the work is taking place and leave it in a safe condition after completion, as areas are open to the public.
1839

10.1. When performing services under this Agreement, Contractor shall conform with the ANSI Z-133 safety standards for tree workers and all other applicable Federal, State and Local Safety regulations.

10.2. Contractor shall behave and operate in an environmentally sound and professional way, as to not create damage or cause exposure by virtue of negligence or omission.

10.3. Contractor shall take care that no hazards are left behind upon completion of operations, including trip hazards, sharp protruding limbs/brush, and any other possible hazards to the public.

10.4. All services must comply with current California State Division of Industrial Safety Orders and OSHA. The Contractor shall be responsible for strict compliance with all requirements of the California Occupational Safety and Health Act (OSHA) which are applicable to the work to be accomplished pursuant to this contract. OSHA shall be construed to include, but not be limited to, all applicable safety orders issued by the Division of Industrial Safety, State of California. In the event the Contractor or any of the Contractor’s employees shall observe any violation of OSHA in or on the premises on which the Contractor is to perform work, pursuant to this contract, the Contractor shall immediately give written notice to the City of such violation.

10.5. Traffic Control
a. When performing tree trimming, tree removal, or any other service under this Agreement, the Contractor shall have the responsibility of blocking any streets on each side of the work location and using appropriate barricades to regulate traffic. b. All traffic control shall meet the requirements of all state and local laws and regulations.

Prior to commencing work on any City or City roads, or blocking any street, Contractor shall have the responsibility of notifying the appropriate agencies and obtaining any necessary approvals or permits to do so.
c. Traffic control shall be included as part of the per unit cost and not charged separately.

10.6. Signage and Barricades (securing work area):
a. Contractor shall provide and maintain all necessary barricades, warning signs, and traffic control devices and take all necessary precautions for the protection of public and private property during operations under this Agreement.

10.7. Equipment
a. Contractor shall provide all equipment, labor, trucks, and material necessary to perform the required service. No equipment, material, or personnel shall be provided by the City to the Contractor.
b. Equipment shall be well maintained and in good condition. The fueling, cleaning and maintenance of all equipment must be done outside of time charged to the City. c. Contractor shall be responsible for required security to protect their own tools and equipment at all times while on City property.
1840

10.8. In the event of accidents of any kind, Contractor shall furnish City with copies of all reports at the time as such reports are forwarded to other interested parties.

10.9. Protection of existing facilities: Any damages caused by Contractor's personnel or equipment will be promptly repaired to the condition existing before the damage or be replaced. All such costs for such repairs or replacement shall be the sole responsibility of the Contractor.

11. PROJECT MANAGEMENT/SUPERVISION

11.1. Contractor shall provide a supervisor/project manager to ensure the performance of all work under this Agreement.

11.2. Contractor shall provide telephone numbers at which City can contact company on a twenty-four (24) hour emergency basis. Contractor shall be capable of receiving and responding to communication and orders by e-mail and telephone.

11.3. When directed by the City Representative, Contractor shall remove any employee from assignment to perform services under this Agreement for any reasons of misconduct or breaches of security in connection with his/her employment and when failure to perform services could result in health and safety issues.

LAWS AND ORDINANCES
A. The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived.

B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance, the Contractor's bid may be deemed to be non-responsible.

C. The Contractor and all subcontractors shall comply with the City of Richmond Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), Local Program Ordinance (Richmond Municipal Code Chapter 2.56), Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), and Ban the Box (Richmond Municipal Code Chapter 2.65), which are incorporated into the Contract Documents by this reference.

D. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations affecting the project will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.

Electronic Bids shall be submitted via the City’s secure online bidding system. All required sections of the Bid must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic Bid. The Bid Management System will not accept late Bids and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those Bids that were transmitted successfully. 1841

BID PROPOSAL DOCUMENTS
On-Call Tree Trimming, Pruning,
and Tree Removal Project
The respondent, incompliance with the above reference project, having examined the specifications, City of Richmond insurance requirements, City of Richmond terms and conditions, related documents, and having become completely familiar with local conditions surrounding the proposed work, including availability of materials and labor, hereby , proposes to perform all work at rates stated below, which are to cover all expenses incurred in performing the work.

YEARS 1-3
ITEM DESCRIPTION Each UNIT PRICE

TREE TRIMMING
1 Tree Trimming up to 12” (DBH)
1 $
2 Tree Trimming 13” to 24” (DBH)
1 $
3 Tree Trimming 25” to 36” (DBH)
1 $
4 Tree Trimming 37” and Over (DBH)
1 $

TREE AND STUMP REMOVAL
5 Tree and Stump Removal up to 12” (DBH) 1 $
6 Tree and Stump Removal 13” to 24” (DBH) 1 $
7 Tree and Stump Removal 25” to 36” (DBH) 1 $
8 Tree and Stump Removal 37” and Over
(DBH) 1 $
1842

TREE FELLING (NO STUMP REMOVAL REQUIRED)
9 Tree Felling up to 12” (DBH)
1 $
10 Tree Felling 13” to 24” (DBH) 1 $
11 Tree Felling 25” to 36” (DBH 1 $
12 Tree Felling 37” and Over (DBH)
1 $

INDIVIDUAL STUMP GRINDING/REMOVAL (REMOVAL OF STUMP WHERE NO TREE FELLING IS

REQUIRED)
13 Stump Removal up to 12” (DBH)
1 $
14 Stump Removal 13” to 24” 1 $
15 Stump Removal 25” to 36” 1 $
16 Stump Removal 37” and Over (DBH)
1 $

TREE POLLARDING (ONLY SUBJECT TO TREES THAT HAVE BEEN TRIMMED AND

POLLARDED ON A REGULAR BASIS)
17 Pollarding up to 12” (DBH)
1 $
18 Pollarding 13” to 24” (DBH)
1 $
19 Pollarding 25” to 36” (DBH)
1 $
20 Pollarding 37” and Over (DBH)
1 $
SUBTOTAL YEARS 1-3 $
1843

July 11, 2023
Public Works
DATE: July 11, 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
Josef Munoz, Capital Projects Manager
Subject: List of Projects for Fiscal Year 2023-24 Road
Maintenance and Rehabilitation Account Funding Under
Senate Bill 1
FINANCIAL IMPACT: The City is eligible to receive a projected $2,864,927 in new gas tax revenues for street roadway maintenance.

Senate Bill 1 (SB 1) Road Maintenance and
Rehabilitation Account monies are deposited into SB 1
Fund 1019.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The City must submit a list of projects to the California Transportation Commission in order to receive Fiscal
Year 2023-24 Road Maintenance and Rehabilitation
Account funding under Senate Bill 1.

RECOMMENDED ACTION: ADOPT a resolution approving the project list for Senate Bill 1 Road Maintenance and Rehabilitation Account
funding for Fiscal Year 2023-24 – Public Works
Department (Daniel Chavarria 510-620-5478/ Robert
Armijo 510-620-5477).

AGENDA
REPORT
1844

July 11, 2023
DISCUSSION:

In April 2017, the Governor signed Senate Bill (SB) 1 which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems, SB 1 increases per gallon fuel excise taxes, increases diesel fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years.

Beginning November 1, 2017, the State Controller began depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, in order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (CTC).

To remain eligible for RMRA funding, the City is required to submit a list of City Council approved proposed projects to CTC. The project list includes priority projects in Richmond that are eligible for SB 1 RMRA funds. The anticipated funding will be used to supplement existing funding sources on these projects and will enable the City to complete these priority projects, including design, construction, and construction management, and may also enable the City to leverage additional grant funds.

Based on StreetSaver the following project list will be submitted to the state for SB 1 funding:
 2023-24 Street Rehabilitation Project
o Carlson Boulevard: Roadway Sections on Northbound and Southbound between Tehama Avenue and Broadway
o Richmond Parkway: Various Locations
The previously proposed and adopted projects may utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
 PP005 Cutting-Hoffman Bikeways
o Cutting Boulevard from Garrard Boulevard to Hoffman Boulevard; Hoffman Boulevard from Cutting Boulevard to Harbour Way South; 1845

July 11, 2023
Harbour Way South from Hoffman Boulevard to South End Hoffman Harbour Way South Bikeways
The project will include pavement rehabilitation of existing roadways that generally are in Poor to At-Risk conditions and after treatment will be in Excellent condition. The treatment type on these roadways will be Thin Asphalt Concrete Overlays and Thick Asphalt Concrete Mill and Overlay. These pavement rehabilitation projects are anticipated to have a useful life of 15-20 years and are anticipated to begin design in Fall 2023 and begin construction in Summer 2024.

DOCUMENTS ATTACHED:

Attachment 1 – FY2023-24 SB 1 Project List Resolution
1846
Reso. No.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, APPROVING THE APPROPRIATION OF $2,864,927 FROM THE 2023- 24 SENATE BILL 1 FUND BALANCE TO THE 2023-24 PAVING PROGRAM WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April, 2017, in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $2,864,927 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, the SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City used a Street Saver Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate various pavement sections, add active transportation infrastructure throughout the City this year and 2024 of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in poor to at-risk conditions and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and green infrastructure, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of Richmond, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: 2023-24 Street Rehabilitation Project
Project Description: The project will include completing pavement rehabilitation of blocks that generally are in poor to at-risk condition with thin asphalt concrete overlays and thick asphalt concrete mill and overlays with corresponding upgrades to curb ramps, repair of damaged curb and gutter, and striping.

Project Location: Carlson Boulevard between Tehama Avenue and Broadway, Richmond Parkway – Various Locations
1847
Reso. No.

Estimated Project Start Schedule: Design Fall 2023 and Construction Summer of 2024 based on the component being funded with RMRA funds
Estimated Project Useful Life: 15-20 years

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Cutting-Hoffman Bikeways
Project Description: This project will include Traffic Signals, Lights, and/or Signage Rehab/Repair (Existing Safety), Paving and/or Striping Rehab/Repair (Existing Safety), Sidewalk and/or Crosswalk Rehab/Repair (Existing), Bicycle Lane Rehab/Repair (Existing)
Project Location: Cutting Boulevard from Garrard Boulevard to Hoffman Boulevard; Hoffman Boulevard from Cutting Boulevard to Harbour Way South; Harbour Way South from Hoffman Boulevard to South End Hoffman Harbour Way South Bikeways Estimated Project Start Schedule: Construction Summer of 2023 based on the component being funded with RMRA funds.

Estimated Project Useful Life: 15-20 years
***** ** * * * ** ** * * * *
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on July 11, 2023, by the following vote:
1848
Reso. No.

AYES:

NOES:

ABSTENTION
S: ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on July 11, 2023.

Pamela Christian, Clerk of the City of Richmond
1849

July 11, 2023
Public Works
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Mary Phelps, Project Manager
Subject: Sole-Source Contract with Larry Walker and Associates to Assist with National Pollutant Discharge Elimination System (NPDES) Permit Compliance and Environmental
Support Services
FINANCIAL IMPACT: Funding will be paid from budgeted Wastewater Enterprise funds (account string 40322431-400202) and
will not exceed $320,000 in Fiscal Year 2023-24. The
remaining amount will be budgeted accordingly in
subsequent years. This item will have no impact to the
General Fund.

PREVIOUS COUNCIL
ACTION:

Previous Contract approved July 18, 2019, in the amount of $200,000. Contract Amendment #1 approved
October 5, 2021 for a total contract amount not to exceed $520,000.

STATEMENT OF THE
ISSUE:

The proposed contract will allow the City to comply with the specific requirements as detailed in its National
Pollutant Discharge Elimination System (NPDES) permit
as well as provide support services to the Environmental Compliance Program.

AGENDA
REPORT
1850

July 11, 2023
RECOMMENDED ACTION: APPROVE a three-year sole-source contract with Larry Walker and Associates in an amount not to exceed
$450,000 to assist with the City’s National Pollutant
Discharge Elimination System (NPDES) compliance
schedule and provide support services to the
Environmental Compliance Program, for a term from
July 1, 2023 through June 30, 2023, with two (2)
additional one-year options to renew, for a total amount not to exceed $300,000 over the two-year additional
extension period – Public Works Department (Daniel
Chavarria 510-620-5478/ Mary Phelps 510-621-1269).

DISCUSSION:

The City of Richmond and West Contra Costa Sanitary District have been working jointly with Larry Walker & Associates to ensure compliance with the jointly held National Pollution Discharge Elimination System (NPDES) permit since the current permit was adopted in 2019. These expenses were covered under the Joint Powers Authority of the West County Agency. This permit will expire March 31, 2024. The Report of Waste Discharge (ROWD) to renew the permit was submitted to the State Waterboard (as required) on May 1, 2023.

The NPDES is a regulatory program implemented by the Environmental Protection Agency (EPA) to control and prevent water pollution from point sources (i.e., specific locations or facilities that discharge pollutants directly into water bodies through identifiable outlets, such as pipes or ditches). In California, the NPDES program is administered by the State Water Resources Control Board (SWRCB) and the nine Regional Water Quality Control Boards (RWQCBs). The primary objective of the NPDES program is to protect water quality by regulating the discharge of pollutants into water bodies through permits issued to facilities or entities that have the potential to impact water quality.

Under the NPDES program, facilities and entities that discharge pollutants into waters of the United States, such as industrial facilities, municipal wastewater treatment plants, and stormwater systems, are required to obtain permits. These permits set specific limits and conditions to ensure that discharges do not exceed water quality standards and do not cause harm to the environment or human health. The NPDES program also emphasizes the implementation of Best Management Practices (BMPs) and pollution prevention measures to minimize the introduction of pollutants into the waterways, ultimately striving for the elimination of pollutant discharges. Through the NPDES program, California aims to safeguard the state's water resources and promote sustainable water management practices to protect public health and the environment. 1851

July 11, 2023
There are detailed permit requirements that are specific to the Richmond Municipal Wastewater Plant and to the West County Wastewater Plant. Due to the vast complexity of these requirements, it is strongly recommended that these items be covered under a contract separate from the joint contract with the West County Agency.

Since Larry Walker Associates has assisted with the issuance of the previous NPDES permit and the milestones to date, and they are familiar with the specific requirements, City staff is requesting that City Council authorize a sole-source contract with them.

DOCUMENTS ATTACHED:

Attachment 1 – Larry Walker Associates Contract
Attachment 2 – Sole-Source Document
1852

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.
1853

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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

PROJECT MANAGER
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1480 Drew Avenue, Suite 100
Davis, CA 95618
530.753.6400 www.lwa.com
530.753.7030 fax
June 21, 2023 DRAFT
Ms. Mary Phelps
Senior Administrative Analyst
Water Resource Recovery Department
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Subject: Scope of Services – Wastewater and Stormwater Regulatory Assistance (July 1, 2023 to June 30, 2028)
Dear Mary:

Larry Walker Associates (LWA) is providing this letter proposal to describe the wastewater and stormwater regulatory assistance that will be provided to the City of Richmond (City) during the next 5 years. Assistance will include addressing Richmond-specific issues that may arise during the 2023/24 NPDES permit reissuance, providing advice on regulatory compliance concerns, preparing and/or reviewing technical reports, implementing pretreatment program requirements, and implementing stormwater program requirements. LWA has provided wastewater and stormwater regulatory assistance to the City since 2009 and is currently assisting West County Agency, West County Wastewater, and the City during NPDES permit reissuance. The types of activities that LWA may provide to the City are outlined below. The specific tasks will be developed with input from the City and the cost to provide the services will not exceed a total of $450,000 for the period of 07/01/2023 – 06/30/2026.
• Provide assistance to address any Richmond WPCP-related comments, questions, or concerns that may arise during 2023/24 NPDES permit reissuance. The new permit is anticipated to be adopted by the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) in May or June 2024.
• Conduct an evaluation of the City’s existing Local Limits to make sure they are still protective of WPCP operation and ensure compliance with the new NPDES permit limits. The Local Limits Evaluation is due to the Regional Water Board within 180 days of the NPDES permit effective date.
• If needed, develop an approach for revising the City’s Local Limits and assist with implementation at City direction.
• Review and update the City’s Sanitary Sewer Management Plan (SSMP) and Sanitary Sewer Overflow (SSO) response protocols, (including the Water Quality Monitoring Plan), as needed to comply with requirements specified in the 2022 Sanitary Sewer System Waste Discharge Requirements (SSS WDRs, Order WQO 2022-0103-DWQ).
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• Provide on-call regulatory compliance advice related to source control, wastewater collection, wastewater treatment, and wastewater disposal activities. • Assist with preparation of regulatory compliance reports that must be submitted to the Regional Water Board, State Water Resources Control Board (State Water Board), or U.S. Environmental Protection Agency (EPA).
• As needed, review enforcement actions issued to the City and help the City prepare responses, negotiate penalties, and/or develop compliance tasks with the Regional Water Board. • Provide updates on wastewater, stormwater, and biosolids regulatory issues of concern. The following regulations, permits, and policies are scheduled to be revised, adopted, or implemented during 2023/24.
o Nutrient Watershed Permit o NPDES Permit Amendment for Chlorine Residual • Attend Bay Area Clean Water Agencies Association (BACWA) Committee meetings and provide meeting notes to City staff.
• Assist with pretreatment program environmental compliance activities. This assistance may include performing onsite inspections of industrial users, documenting inspection results, discussing follow-up actions with City staff, and preparing semi-annual and annual pretreatment program reports.
• Assist with stormwater program compliance activities. This assistance may include performing onsite inspections of construction sites and commercial facilities, documenting inspection results, discussing follow-up actions with City staff, preparing City-related materials for the annual stormwater reports, and participation in meetings of the Contra Costa County Watershed Program.

LWA will provide permit compliance and regulatory program advice to the City. The City is responsible for making program decisions and submitting the data/reports required to comply with permit terms and regulations. The LWA Rate Schedule in effect through June 30, 2024 is attached for your information. Please to contact me at 805.585.1835 or [email protected] if you have any questions.

Sincerely,
Denise H. Conners
Associate II
Attachment: LWA Rate Schedule 2023/24
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LARRY WALKER ASSOCIATES RATE SHEET
Effective July 1, 2023 – June 30, 2024

5/2/2023
TITLE RATE ($/Hour) REIMBURSABLE COSTS
Administrative $ 80 Travel
Contract Coordinator $145 Local Mileage Current IRS Rate AR/AP Manager $145 Transportation Actual Expense
Graphic Designer $134 Auto Rental Actual Expense
Senior Graphic Designer $174 Fares Actual Expense
Project Staff I-C $140 Room Actual Expense
Project Staff I-B $169 Subsistence and Per Diem Meals (1) Current GSA Rate Project Staff I-A $196 Breakfast Current GSA Rate
Project Staff II-B $208 Lunch Current GSA Rate
Project Staff II-A $235 Dinner Current GSA Rate
Senior Staff I $253 Incidentals Current GSA Rate
Senior Staff II $272 Report Reproduction and Copying
Associate I $289 Per Color Copy, In-House $0.89
Associate II $305 Per Black and White Copy, In-House $0.08 Vice President $322 Per Binding, In-House $1.95
Executive Vice President $337 Special Postage and Express Mail Actual Expense Senior Executive $353 Third-Party Material Preparation Actual Expense President $353 Other Direct Costs Actual Expense
Daily Equipment Rental Rates
Single Parameter Meters & Equipment $30.00
Digital Flow Meter $60.00
Multi-Parameter Field Meters & Sondes $100.00
RTK-GPS, RiverSurveyor, Tracer Study Equipment $250.00
Multi-Parameter Continuous Remote Sensing $40.00
Field Rig (Field Vehicle And All Equipment) $200.00
Subcontractors Actual Expense Plus 10% Fee
Note: (1) Charged when overnight lodging is required. U.S. General Services Administration rates specified by location of work at gsa.gov
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For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 1859
For the Contract between the City of
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond
Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

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EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, 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, 1861
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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. 1862
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 1863
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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 1864
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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.
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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 1866
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 1867
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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 1868
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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 1869
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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.
1870
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 1871
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. 1872
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. 1873
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):
1874

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)
Larry Walker Associates
29 June 23 Davis
Brian M Laurenson Executive Vice President
06 / 29 / 2023
1875
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.
1876
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -1 of 3
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile 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 and auto liability coverage as well as a waiver of subrogation for Workers’ Compensation Insurance shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
www.ci.richmond.ca.us/RiskManagement.

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

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. 1877
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -2 of 3
Policy shall be endorsed to name the City of Richmond as an additional insured per the language detailed below.

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

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

Architects and Engineers coverage shall be endorsed to include contractual liability.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability and Automobile Liability Insurance coverages.

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

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

SAMPLE Endorsements can be found at
www.ci.richmond.ca.us/RiskManagement.

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.

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

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

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

Cancellation Each required policy shall be endorsed to state that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
1878
City of Richmond - Insurance Requirements - Type 2
Professional Services
Type 2 -3 of 3
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

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

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

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

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

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

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

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

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

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.
1879

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
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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 WVDADDL
INSD

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

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

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

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 EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER 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
3/24/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Doris A. Chambers (510) 272-1499 510-452-2193 [email protected] License#: 6003745 The Travelers Indemnity Company of Connecticut 25682 LARRYWALK Travelers Property Casualty Company of America 25674 Larry Walker Associates, Inc.

Attn: Tina VanCarpels
1480 Drew Ave., #100
(530) 753-6400/[email protected]
Davis CA 95618-4124 Indian Harbor Insurance Company 36940 105976802 B X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X
Y Y 6809H382758 4/1/2023 4/1/2024
4,000,000
A 1,000,000 X XY Y BA5R188533 4/1/2023 4/1/2024
B X X 1,000,000 Y Y CUP3C999260 4/1/2023 4/1/2024
1,000,000
B X
N
Y UB7K823655 4/1/2023 4/1/2024
1,000,000 1,000,000 1,000,000
C Professional Liability &
Contr. Pollution Liab Included
Y PEC003092713 4/1/2023 4/1/2024 per Claim
Aggregate Limit
$2,000,000
$4,000,000
The Excess-Umbrella Liability is Following Form to the Underlying Policies: General Liability/Automobile Liability/Employers' Liability REF: LWA Project No.: 00407.XX - All operations of the Named Insured. The City of Richmond, its officers, employees, agents, volunteers and representatives are named as Additional insured to General and Auto Liability per policy form wording. Insurance is Primary and Non-contributory with Severability of Interest clause. Waiver of Subrogation applies to Workers’ Compensation coverages per policy form wording. Cancellation provisions are solely as shown on this certificate.
30 Day NOC/10 Day for NonPay of Prem
City of Richmond
450 Civic Center Plaza
Richmond CA 94804-1630 1880
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°®·²½·°¿´¿­¿°¿®¬±º¬¸»­¿³»°®±¶»½¬ò
 ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®­Ý±³°¿²·»­ôײ½òß´´®·¹¸¬­®»­»®ª»¼ò п¹»ï±ºï ײ½´«¼»­½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²­«®¿²½»Í»®ª·½»­Ñºº·½»ôײ½ò©·¬¸·¬­°»®³·­­·±²ò Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.

CG T8 01 XX XX
DATE OF ISSUE:
6809H382758 04/01/2023
1881
ÐÑÔ×ÝÇÒËÓÞÛÎæ

COMMERCIAL GENERAL LIABILITY
ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò
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Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "productscompleted operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.

Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.

CG T8 02 XX XX
DATE OF ISSUE:
6809H382758 04/01/2023
1882

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations

5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver apers To Us plies only to the person or organization desigWe waive nated in such contract. any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy #
BA5R188533
1883

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage. SECTION I COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos" that are covered "autos".

Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V Symbols
Definitions.

Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only
4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only
5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have nofault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement.
7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.
9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs.

CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 1 of 12 Policy #
BA5R188533
1884

COMMERCIAL AUTO
19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged.

Responsibility
Or Other Motor
Vehicle Insurance Law Only
B. Owned Autos You Acquire After The Policy SECTION II COVERED AUTOS LIABILITY COVBegins ERAGE

1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the Decla- We will pay all sums an "insured" legally must pay rations, then you have coverage for "autos" as damages because of "bodily injury" or "propthat you acquire of the type described for the erty damage" to which this insurance applies, remainder of the policy period. caused by an "accident" and resulting from the ownership, maintenance or use of a covered 2. But, if Symbol 7 is entered next to a coverage "auto". in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cov- We will also pay all sums an "insured" legally erage only if: must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an
a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that cov- we will only pay for the "covered pollution cost or erage; and expense" if there is either "bodily injury" or "propb. You tell us within 30 days after you ac- erty damage" to which this insurance applies that quire it that you want us to cover it for that is caused by the same "accident". coverage. We have the right and duty to defend any "inC. Certain Trailers, Mobile Equipment And Tem- sured" against a "suit" asking for such damages porary Substitute Autos or a "covered pollution cost or expense". However, we have no duty to defend any "insured" If Covered Autos Liability Coverage is provided by against a "suit" seeking damages for "bodily inthis Coverage Form, the following types of vehi- jury" or "property damage" or a "covered pollution cles are also covered "autos" for Covered Autos cost or expense" to which this insurance does not Liability Coverage: apply. We may investigate and settle any claim or

1. "Trailers" with a load capacity of 2,000 "suit" as we consider appropriate. Our duty to depounds or fend or settle ends when the Covered Autos Li- less designed primarily for travel on public ability Coverage Limit of Insurance has been ex- roads. hausted by payment of judgments or settlements. 2. "Mobile equipment" while being carried or

1. Who Is An Insured towed by a covered "auto".

The following are "insureds": 3. Any "auto" you do not own while used with the permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is b. Anyone else while using with your per- out of service because of its: mission a covered "auto" you own, hire or a. Breakdown; borrow except:
b. Repair; (1) The owner or anyone else from
whom you hire or borrow a covered
c. Servicing; "auto".
d. "Loss"; or This exception does not apply if the
e. Destruction. covered "auto" is a "trailer" connected to a covered "auto" you own.

1885

COMMERCIAL AUTO
(2) Your "employee" if the covered "auto" pay interest ends when we have paid, is owned by that "employee" or a offered to pay or deposited in court member of his or her household. the part of the judgment that is within our Limit of Insurance. (3) Someone using a covered "auto" while he or she is working in a busi- These payments will not reduce the Limit ness of selling, servicing, repairing, of Insurance.
parking or storing "autos" unless that b. Out-of-state Coverage Extensions business is yours. While a covered "auto" is away from the (4) Anyone other than your "employees", state where it is licensed, we will:
partners (if you are a partnership),
members (1) Increase the Limit of Insurance for (if you are a limited liability Covered Autos Liability Coverage to company) or a lessee or borrower or meet the limits specified by a com- any of their "employees", while moving property to or from a covered pulsory or financial responsibility law of the jurisdiction where the covered "auto".
"auto" is being used. This extension (5) A partner (if you are a partnership) or does not apply to the limit or limits a member (if you are a limited liability specified by any law governing motor company) for a covered "auto" owned carriers of passengers or property. by him or her or a member of his or (2) Provide the minimum amounts and her household.
types of other coverages, such as noc. Anyone liable for the conduct of an "in- fault, required of out-of-state vehicles sured" described above but only to the by the jurisdiction where the covered extent of that liability. "auto" is being used.

2. Coverage Extensions We will not pay anyone more than once a. Supplementary Payments for the same elements of loss because of We these extensions. will pay for the "insured":

B. Exclusions (1) All expenses we incur.

This insurance does not apply to any of the fol- (2) Up to $2,000 for cost of bail bonds lowing: (including bonds for related traffic law
violations) required because of an 1. Expected Or Intended Injury "accident" we cover. We do not have "Bodily injury" or "property damage" expected to furnish these bonds. or intended from the standpoint of the "in- (3) The cost of bonds to release attach- sured".
ments in any "suit" against the "in- 2. Contractual
sured" we defend, but only for bond
Liability assumed under any contract or amounts within our Limit of Insuragreement. ance.

But this exclusion does not apply to liability (4) All reasonable expenses incurred by for damages: the "insured" at our request, including actual loss of earnings up to $250 a a. Assumed in a contract or agreement that day because of time off from work. is an "insured contract", provided the "bodily injury" or "property damage" oc- (5) All court costs taxed against the "incurs subsequent to the execution of the sured" in any "suit" against the "incontract or agreement; or sured" we defend. However, these payments do not include at- b. That the "insured" would have in the abtorneys' fees or attorneys' expenses sence of the contract or agreement. taxed against the "insured". 3. Workers' Compensation
(6) All interest on the full amount of any Any obligation for which the "insured" or the judgment that accrues after entry of "insured's" insurer may be held liable under the judgment in any "suit" against the any workers' compensation, disability benefits "insured" we defend, but our duty to CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 3 of 12 1886

COMMERCIAL AUTO
or unemployment compensation law or any 7. Handling Of Property similar law. "Bodily injury" or "property damage" resulting

4. Employee Indemnification And Employer's from the handling of property:

Liability a. Before it is moved from the place where it "Bodily injury" to: is accepted by the "insured" for movement into or onto the covered "auto"; or a. An "employee" of the "insured" arising out
of and b. After it is moved from the covered "auto" in the course of:
to the place where it is finally delivered by (1) Employment by the "insured"; or the "insured". (2) Performing the duties related to the 8. Movement Of Property By Mechanical Deconduct of the "insured's" business; vice or "Bodily injury" or "property damage" resulting b. The spouse, child, parent, brother or sis- from the movement of property by a meter of that "employee" as a consequence chanical device (other than a hand truck) of Paragraph a. above. unless the device is attached to the covered This exclusion applies: "auto".

9. Operations (1) Whether the "insured" may be liable
as an employer or in any other ca- "Bodily injury" or "property damage" arising pacity; and out of the operation of:
(2) To any obligation to share damages a. Any equipment listed in Paragraphs 6.b. with or repay someone else who and 6.c. of the definition of "mobile must pay damages because of equipment"; or the injury. b. Machinery or equipment that is on, atBut tached to or part of a land vehicle that this exclusion does not apply to "bodily inwould qualify under the definition of "mo- jury" to domestic "employees" not entitled to bile equipment" if it were not subject to a workers' compensation benefits or to liability compulsory or financial responsibility law assumed by the "insured" under an "insured or other motor vehicle insurance law contract". For the purposes of the Coverage where it is licensed or principally garaged. Form, a domestic "employee" is a person engaged in household or domestic work per- 10. Completed Operations formed principally in connection with a resi- "Bodily injury" or "property damage" arising dence premises. out of your work after that work has been

5. Fellow Employee completed or abandoned.

In this exclusion, your work means: "Bodily injury" to:
a. Work or operations performed by you or a. Any fellow "employee" of the "insured" on your behalf; and arising out of and in the course of the fellow "employee's" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business; or Your work includes warranties or representab. The spouse, child, parent, brother or sis- tions made at any time with respect to the fitter of that fellow "employee" as a conse- ness, quality, durability or performance of any quence of Paragraph a. above. of the items included in Paragraph a. or b. above. 6. Care, Custody Or Control
Your work will be deemed completed at the "Property damage" to or "covered pollution earliest of the following times: cost or expense" involving property owned or transported by the "insured" or in the "in- (1) When all of the work called for in your sured's" care, custody or control. But this ex- contract has been completed; clusion does not apply to liability assumed (2) When all of the work to be done at under a sidetrack agreement. the site has been completed if your

1887

COMMERCIAL AUTO
contract calls for work at more than (2) The "bodily injury", "property damone site; or age" or "covered pollution cost or expense" does not arise out of the op- (3) When that part of the work done at a eration of any equipment listed in job site has been put to its intended Paragraphs 6.b. and 6.c. of the defiuse by any person or organization nition of "mobile equipm . ent" other than another contractor or subcontractor working on the same pro- Paragraphs b. and c. above of this exclusion ject. do not apply to "accidents" that occur away
from premises owned by or rented to an "in- Work that may need service, maintenance, sured" with respect to "pollutants" not in or correction, repair or replacement, but which is upon a covered "auto" if: otherwise complete, will be treated as com- (a) The "pollutants" or any property pleted. in which the "pollutants" are con- 11. Pollution tained are upset, overturned or "Bodily injury" or "property damage" arising damaged as a result of the mainout of the actual, alleged or threatened dis- tenance or use of a covered charge, dispersal, seepage, migration, re- "auto"; and
lease or escape of "pollutants": (b) The discharge, dispersal, seepa. That are, or that are contained in any age, migration, release or escape of the "pollutants" is caused di- property that is:
rectly by such upset, overturn or
(1) Being transported or towed by, han- damage. dled or handled for movement into, 12. War onto or from the covered "auto"; "Bodily injury" or "property damage" arising (2) Otherwise in the course of transit by directly or indirectly out of: or on behalf of the "insured"; or a. War, including undeclared or civil war; (3) Being stored, disposed of, treated or b. Warlike action by a military force, includ- processed in or upon the covered ing action in hindering or defending "auto"; against an actual or expected attack, by b. Before the "pollutants" or any property in any government, sovereign or other auwhich the "pollutants" are contained are thority using military personnel or other moved from the place where they are ac- agents; or
cepted by the "insured" for movement into
c. Insurrection, rebellion, revolution, or onto the covered "auto"; or usurped power or action taken by govc. After the "pollutants" or any property in ernmental authority in hindering or dewhich the "pollutants" are contained are fending against any of these. moved from the covered "auto" to the 13. Racing place where they are finally delivered, Covered "autos" while used in any profes- disposed of or abandoned by the "insional or organized racing or demolition con- sured". test or stunting activity, or while practicing for
Paragraph a. above does not apply to fuels, such contest or activity. This insurance also lubricants, fluids, exhaust gases or other simi- does not apply while that covered "auto" is lar "pollutants" that are needed for or result being prepared for such a contest or activity. from the normal electrical, hydraulic or me- C. Limit Of Insurance chanical functioning of the covered "auto" or Regardless of the number of covered "autos", its parts if:
"insureds", premiums paid, claims made or vehi-
(1) The "pollutants" escape, seep, mi- cles involved in the "accident", the most we will grate or are discharged, dispersed or pay for the total of all damages and "covered pol- released directly from an "auto" part lution cost or expense" combined resulting from designed by its manufacturer to hold, any one "accident" is the Limit Of Insurance for store, receive or dispose of such "pol- Covered Autos Liability Coverage shown in the lutants"; and Declarations.

CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 5 of 12 1888

COMMERCIAL AUTO
All "bodily injury", "property damage" and "cov- a. Glass breakage; ered pollution cost or expense" resulting from b. "Loss" caused by hitting a bird or animal; continuous or repeated exposure to substantially and the same conditions will be considered as resultc. "Loss" caused by falling objects or mis- ing from one "accident". siles.

No one will be entitled to receive duplicate payments However, you have the option of having glass for the same elements of "loss" under this Coverage breakage caused by a covered "auto's" colli- Form and any Medical Payments Covsion or overturn considered a "loss" under erage endorsement, Uninsured Motorists CoverCollision Coverage. age endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage 4. Coverage Extensions Part. a. Transportation Expenses
SECTION III PHYSICAL DAMAGE COVERAGE We will pay up to $20 per day, to a maxiA. Coverage mum of $600, for temporary transportation expense incurred by you because of 1. We will pay for "loss" to a covered "auto" or the total theft of a covered "auto" of the its equipment under:
private passenger type. We will pay only a. Comprehensive Coverage for those covered "autos" for which you From any cause except: carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay (1) The covered "auto's" collision with for temporary transportation expenses in- another object; or curred during the period beginning 48
(2) The covered "auto's" overturn. hours after the theft and ending, regardb. Specified Causes Of Loss Coverage less of the policy's expiration, when the covered "auto" is returned to use or we Caused by: pay for its "loss". (1) Fire, lightning or explosion; b. Loss Of Use Expenses (2) Theft; For Hired Auto Physical Damage, we will (3) Windstorm, hail or earthquake; pay expenses for which an "insured" be- (4) Flood; comes legally responsible to pay for loss
of use of a vehicle rented or hired without (5) Mischief or vandalism; or a driver under a written rental contract or
(6) The sinking, burning, collision or de- agreement. We will pay for loss of use railment of any conveyance transport- expenses if caused by: ing the covered "auto". (1) Other than collision only if the Declac. Collision Coverage rations indicates that Comprehensive Caused by: Coverage is provided for any covered
"auto"; (1) The covered "auto's" collision with
another object; or (2) Specified Causes Of Loss only if the Declarations indicates that Specified (2) The covered "auto's" overturn. Causes Of Loss Coverage is pro2. Towing vided for any covered "auto"; or We will pay up to the limit shown in the Decla- (3) Collision only if the Declarations indirations for towing and labor costs incurred cates that Collision Coverage is proeach time a covered "auto" of the private vided for any covered "auto". passenger type is disabled. However, the la- However, the most we will pay for any bor must be performed at the place of disexpenses for loss of use is $20 per day, ablement. to a maximum of $600.

3. Glass Breakage Hitting A Bird Or Animal B. Exclusions Falling Objects Or Missiles

1. We will not pay for "loss" caused by or result- If you carry Comprehensive Coverage for the ing from any of the following. Such "loss" is damaged covered "auto", we will pay for the excluded regardless of any other cause or following under Comprehensive Coverage:

1889

COMMERCIAL AUTO
event that contributes concurrently or in any installed, that reproduces, receives or sequence to the "loss". transmits audio, visual or data signals. a. Nuclear Hazard d. Any accessories used with the electronic equipment described in Paragraph c. (1) The explosion of any weapon emabove. ploying atomic fission or fusion; or

5. Exclusions 4.c. and 4.d. do not apply to (2) Nuclear reaction or radiation, or raequipment designed to be operated solely by dioactive contamination, however caused. use of the power from the "auto's" electrical
system that, at the time of "loss", is: b. War Or Military Action a. Permanently installed in or upon the cov- (1) War, including undeclared or civil ered "auto"; war; b. Removable from a housing unit which is (2) Warlike action by a military force, inpermanently installed in or upon the cov- cluding action in hindering or defendered "auto"; ing against an actual or expected attack, by any government, sovereign c. An integral part of the same unit housing or other authority using military per- any electronic equipment described in sonnel or other agents; or Paragraphs a. and b. above; or (3) Insurrection, rebellion, revolution, d. Necessary for the normal operation of the usurped power or action taken by covered "auto" or the monitoring of the governmental authority in hindering covered "auto's" operating system. or defending against any of these.

6. We will not pay for "loss" to a covered "auto" 2. We will not pay for "loss" to any covered due to "diminution in value". "auto" while used in any professional or organized racing or demolition contest or stunt- C. Limits Of Insurance ing activity, or while practicing for such con- 1. The most we will pay for:
test or activity. We will also not pay for "loss"
a. "Loss" to any one covered "auto" is the to any covered "auto" while that covered lesser of: "auto" is being prepared for such a contest or activity. (1) The actual cash value of the damaged or stolen property as of the time 3. We will not pay for "loss" due and confined to:
of the "loss"; or
a. Wear and tear, freezing, mechanical or
electrical breakdown. (2) The cost of repairing or replacing the damaged or stolen property with b. Blowouts, punctures or other road dam- other property of like kind and quality. age to tires. b. All electronic equipment that reproduces, This exclusion does not apply to such "loss" receives or transmits audio, visual or data resulting from the total theft of a covered signals in any one "loss" is $1,000, if, at "auto".
the time of "loss", such electronic equip- 4. We will not pay for "loss" to any of the follow- ment is: ing: (1) Permanently installed in or upon the a. Tapes, records, discs or other similar au- covered "auto" in a housing, opening dio, visual or data electronic devices deor other location that is not normally signed for use with audio, visual or data used by the "auto" manufacturer for electronic equipment. the installation of such equipment; b. Any device designed or used to detect (2) Removable from a permanently in- speed-measuring equipment, such as rastalled housing unit as described in dar or laser detectors, and any jamming Paragraph b.(1) above; or apparatus intended to elude or disrupt speed-measuring equipment. (3) An integral part of such equipment as c. Any electronic equipment, without regard described in Paragraphs b.(1) and b.(2) above. to whether this equipment is permanently
CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 7 of 12 1890

COMMERCIAL AUTO

2. An adjustment for depreciation and physical b. Additionally, you and any other involved condition will be made in determining actual "insured" must:
cash value in the event of a total "loss". (1) Assume no obligation, make no pay3. If a repair or replacement results in better ment or incur no expense without our than like kind or quality, we will not pay for the consent, except at the "insured's" amount of the betterment. own cost.

D. Deductible (2) Immediately send us copies of any
For each covered "auto", our obligation to pay for, request, demand, order, notice, repair, return or replace damaged or stolen prop- summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or "suit". shown in the Declarations. Any Comprehensive (3) Cooperate with us in the investigation Coverage deductible shown in the Declarations or settlement of the claim or defense does not apply to "loss" caused by fire or light- against the "suit". ning. (4) Authorize us to obtain medical re- SECTION IV BUSINESS AUTO CONDITIONS cords or other pertinent information.

The following conditions apply in addition to the
Common (5) Submit to examination, at our ex- Policy Conditions:
pense, by physicians of our choice, A. Loss Conditions as often as we reasonably require.

1. Appraisal For Physical Damage Loss
c. If there is "loss" to a covered "auto" or its
If you and we disagree on the amount of equipment, you must also do the follow- "loss", either may demand an appraisal of the ing: "loss". In this event, each party will select a (1) Promptly notify the police if the cov- competent appraiser. The two appraisers will ered "auto" or any of its equipment is select a competent and impartial umpire. The stolen. appraisers will state separately the actual
cash value and amount of "loss". If they fail to (2) Take all reasonable steps to protect agree, they will submit their differences to the the covered "auto" from further damumpire. A decision agreed to by any two will age. Also keep a record of your exbe binding. Each party will: penses for consideration in the seta. Pay its chosen appraiser; and tlement of the claim. b. Bear the other expenses of the appraisal (3) Permit us to inspect the covered and umpire equally. "auto" and records proving the "loss" before its repair or disposition. If we submit to an appraisal, we will still retain our right to deny the claim. (4) Agree to examinations under oath at

2. Duties In The Event Of Accident, Claim, our request and give us a signed Suit Or Loss statement of your answers.

We have no duty to provide coverage under 3. Legal Action Against Us this policy unless there has been full compli- No one may bring a legal action against us ance with the following duties: under this Coverage Form until:
a. In the event of "accident", claim, "suit" or a. There has been full compliance with all "loss", you must give us or our authorized the terms of this Coverage Form; and representative prompt notice of the "accident" or b. Under Covered Autos Liability Coverage, "loss". Include:
we agree in writing that the "insured" has (1) How, when and where the "accident" an obligation to pay or until the amount of
or "loss" occurred; that obligation has finally been deter- (2) The "insured's" name and address; mined by judgment after trial. No one has and the right under this policy to bring us into
(3) To the extent possible, the names an action to determine the "insured's" liand addresses of any injured persons ability. and witnesses.

1891

COMMERCIAL AUTO

4. Loss Payment Physical Damage Cover- son or organization holding, storing or transages porting property for a fee regardless of any other provision of this Coverage Form. At our option, we may:

5. Other Insurance a. Pay for, repair or replace damaged or stolen property; a. For any covered "auto" you own, this Coverage Form provides primary insur- b. Return the stolen property, at our exance. For any covered "auto" you don't pense. We will pay for any damage that own, the insurance provided by this Cov- results to the "auto" from the theft; or erage Form is excess over any other colc. Take all or any part of the damaged or lectible insurance. However, while a covstolen property at an agreed or appraised ered "auto" which is a "trailer" is convalue. nected to another vehicle, the Covered If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the "trailer" is:
aged or stolen property. (1) Excess while it is connected to a mo5. Transfer Of Rights Of Recovery Against tor vehicle you do not own; or Others To Us (2) Primary while it is connected to a
If any person or organization to or for whom covered "auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Coverhas rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or "loss" to impair them. a driver is not a covered "auto".

B. General Conditions c. Regardless of the provisions of Para1. Bankruptcy graph a. above, this Coverage Form's Covered Autos Liability Coverage is pri- Bankruptcy or insolvency of the "insured" or mary for any liability assumed under an the "insured's" estate will not relieve us of any "insured contract". obligations under this Coverage Form. d. When this Coverage Form and any other 2. Concealment, Misrepresentation Or Fraud Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis.
a. This Coverage Form; 6. Premium Audit
b. The covered "auto"; a. The estimated premium for this Coverage c. Your interest in the covered "auto"; or Form is based on the exposures you told us you would have when this policy be- d. A claim under this Coverage Form. gan. We will compute the final premium 3. Liberalization due when we determine your actual exposures. The estimated total premium will If we revise this Coverage Form to provide more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective premium is the date shown as the due date 4. No Benefit To Bailee Physical Damage on the bill. If the estimated total premium Coverages exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any perCA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 9 of 12 1892

COMMERCIAL AUTO
b. If this policy is issued for more than one 1. A land motor vehicle, "trailer" or semitrailer year, the premium for this Coverage Form designed for travel on public roads; or will be computed annually based on our 2. Any other land vehicle that is subject to a rates or premiums in effect at the begin- compulsory or financial responsibility law or ning of each year of the policy. other motor vehicle insurance law where it is

7. Policy Period, Coverage Territory licensed or principally garaged.

Under this Coverage Form, we cover "acci- However, "auto" does not include "mobile equipdents" and "losses" occurring: ment". a. During the policy period shown in the C. "Bodily injury" means bodily injury, sickness or Declarations; and disease sustained by a person, including death resulting from any of these. b. Within the coverage territory.

D. "Covered pollution cost or expense" means any The coverage territory is:
cost or expense arising out of:
(1) The United States of America; 1. Any request, demand, order or statutory or (2) The territories and possessions of the regulatory requirement that any "insured" or United States of America; others test for, monitor, clean up, remove, (3) Puerto Rico; contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pol- (4) Canada; and lutants"; or (5) Anywhere in the world if a covered 2. Any claim or "suit" by or on behalf of a gov- "auto" of the private passenger type ernmental authority for damages because of is leased, hired, rented or borrowed testing for, monitoring, cleaning up, removing, without a driver for a period of 30 containing, treating, detoxifying or neutraliz- days or less, ing, or in any way responding to, or assessing provided that the "insured's" responsibility to the effects of, "pollutants". pay damages is determined in a "suit" on the "Covered pollution cost or expense" does not in- merits, in the United States of America, the clude any cost or expense arising out of the ac- territories and possessions of the United tual, alleged or threatened discharge, dispersal, States of America, Puerto Rico or Canada, or seepage, migration, release or escape of "pollut- in a settlement we agree to. ants":

We also cover "loss" to, or "accidents" involva. That are, or that are contained in any ing, a covered "auto" while being transported property that is: between any of these places. (1) Being transported or towed by, han- 8. Two Or More Coverage Forms Or Policies dled or handled for movement into, Issued By Us onto or from the covered "auto"; If this Coverage Form and any other Cover- (2) Otherwise in the course of transit by age Form or policy issued to you by us or any or on behalf of the "insured"; or company affiliated with us applies to the same "accident", the aggregate maximum (3) Being stored, disposed of, treated or Limit of Insurance under all the Coverage processed in or upon the covered Forms or policies shall not exceed the highest "auto";
applicable Limit of Insurance under any one b. Before the "pollutants" or any property in Coverage Form or policy. This condition does which the "pollutants" are contained are not apply to any Coverage Form or policy is- moved from the place where they are acsued by us or an affiliated company specifi- cepted by the "insured" for movement into cally to apply as excess insurance over this or onto the covered "auto"; or Coverage Form.
c. After the "pollutants" or any property in
SECTION V DEFINITIONS which the "pollutants" are contained are A. "Accident" includes continuous or repeated expo- moved from the covered "auto" to the sure to the same conditions resulting in "bodily in- place where they are finally delivered, jury" or "property damage". disposed of or abandoned by the "insured". B. "Auto" means:

1893

COMMERCIAL AUTO
Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to inlubricants, fluids, exhaust gases or other simi- demnify a municipality, except in connection lar "pollutants" that are needed for or result with work for a municipality; from the normal electrical, hydraulic or me- 5. That part of any other contract or agreement chanical functioning of the covered "auto" or pertaining to your business (including an inits parts, if: demnification of a municipality in connection (1) The "pollutants" escape, seep, mi- with work performed for a municipality) under grate or are discharged, dispersed or which you assume the tort liability of another released directly from an "auto" part to pay for "bodily injury" or "property damage" designed by its manufacturer to hold, to a third party or organization. Tort liability store, receive or dispose of such "pol- means a liability that would be imposed by lutants"; and law in the absence of any contract or agreement; or (2) The "bodily injury", "property damage" or "covered pollution cost or ex- 6. That part of any contract or agreement enpense" does not arise out of the op- tered into, as part of your business, pertaining eration of any equipment listed in to the rental or lease, by you or any of your Paragraph 6.b. or 6.c. of the defini- "employees", of any "auto". However, such tion of "mobile equipment". contract or agreement shall not be considered an "insured contract" to the extent that it obli- Paragraphs b. and c. above do not apply to gates you or any of your "employees" to pay "accidents" that occur away from premises for "property damage" to any "auto" rented or owned by or rented to an "insured" with released by you or any of your "employees". spect to "pollutants" not in or upon a covered "auto" if: An "insured contract" does not include that part of any contract or agreement: (a) The "pollutants" or any property in which the "pollutants" are con- a. That indemnifies a railroad for "bodily intained are upset, overturned or jury" or "property damage" arising out of damaged as a result of the main- construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto"; and affecting any railroad bridge or trestle,
tracks, roadbeds, tunnel, underpass or (b) The discharge, dispersal, seep- crossing; age, migration, release or escape of the "pollutants" is caused di- b. That pertains to the loan, lease or rental rectly by such upset, overturn or of an "auto" to you or any of your "emdamage. ployees", if the "auto" is loaned, leased or rented with a driver; or E. "Diminution in value" means the actual or perceived loss in market value or resale value which c. That holds a person or organization enresults from a direct and accidental "loss". gaged in the business of transporting property by "auto" for hire harmless for F. "Employee" includes a "leased worker". "Emyour use of a covered "auto" over a route ployee" does not include a "temporary worker". or territory that person or organization is
G. "Insured" means any person or organization quali- authorized to serve by public authority. fying as an insured in the Who Is An Insured pro- I. "Leased worker" means a person leased to you vision of the applicable coverage. Except with reby a labor leasing firm under an agreement be- spect to the Limit of Insurance, the coverage afforded applies separately to each insured who is tween you and the labor leasing firm to perform duties related to the conduct of your business. seeking coverage or against whom a claim or "Leased worker" does not include a "temporary "suit" is brought. worker".

H. "Insured contract" means:

J. "Loss" means direct and accidental loss or dam1. A lease of premises; age.

2. A sidetrack agreement; K. "Mobile equipment" means any of the following

3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment:
operations on or within 50 feet of a railroad;
CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 11 of 12 1894

COMMERCIAL AUTO

1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building roads; cleaning, geophysical exploration, lighting
or well-servicing equipment. 2. Vehicles maintained for use solely on or next to premises you own or rent; However, "mobile equipment" does not include land vehicles that are subject to a compulsory or 3. Vehicles that travel on crawler treads; financial responsibility law or other motor vehicle

4. Vehicles, whether self-propelled or not, main- insurance law where it is licensed or principally tained primarily to provide mobility to perma- garaged. Land vehicles subject to a compulsory nently mounted: or financial responsibility law or other motor vehia. Power cranes, shovels, loaders, diggers cle insurance law are considered "autos". or drills; or L. "Pollutants" means any solid, liquid, gaseous or b. Road construction or resurfacing equip- thermal irritant or contaminant, including smoke, ment such as graders, scrapers or rollers; vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, 5. Vehicles not described in Paragraph 1., 2., 3. reconditioned or reclaimed. or 4. above that are not self-propelled and are maintained primarily to provide mobility to M. "Property damage" means damage to or loss of permanently attached equipment of the fol- use of tangible property. lowing types: N. "Suit" means a civil proceeding in which:
a. Air compressors, pumps and generators, 1. Damages because of "bodily injury" or "prop- including spraying, welding, building erty damage"; or cleaning, geophysical exploration, lighting 2. A "covered pollution cost or expense"; and well-servicing equipment; or to which this insurance applies, are alleged. b. Cherry pickers and similar devices used to raise or lower workers; or "Suit" includes:

6. Vehicles not described in Paragraph 1., 2., 3. a. An arbitration proceeding in which such or 4. above maintained primarily for purposes damages or "covered pollution costs or other than the transportation of persons or expenses" are claimed and to which the cargo. However, self-propelled vehicles with "insured" must submit or does submit with the following types of permanently attached our consent; or equipment are not "mobile equipment" but will b. Any other alternative dispute resolution be considered "autos": proceeding in which such damages or a. Equipment designed primarily for: "covered pollution costs or expenses" are claimed and to which the insured submits (1) Snow removal; with our consent. (2) Road maintenance, but not construcO. "Temporary worker" means a person who is fur- tion or resurfacing; or nished to you to substitute for a permanent "em-
(3) Street cleaning; ployee" on leave or to meet seasonal or shortb. Cherry pickers and similar devices term workload conditions. mounted on automobile or truck chassis P. "Trailer" includes semitrailer. and used to raise or lower workers; and

1895

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
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.

The additional premium for this endorsement shall be % of the California workers' compensation premium.

Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

UB7K823655 Travelers Property Casualty Company of America 3/24/2023 1896
1897
1898
1899
1900
1901
1902

July 11, 2023
Public Works
DATE: July 11, 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
Josef Munoz, Capital Projects Manager
Subject: As-Needed Architectural Design Services for Various City of Richmond Projects
FINANCIAL IMPACT: The term of each of the contracts will be three (3) years with two one-year extension options. The total not-toexceed amount for each consultant contract is $500,000.

The as-needed architectural design services will be
provided for projects funded through various sources.

The approval of these contracts will not result in an
additional appropriation of funds. Funds will be identified prior to the performance of the design services.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
ISSUE:

City staff is recommending City Council approval of
standing contracts for as-needed architectural design
services to expedite the design of capital improvement
and operational projects. The time and costs currently
expended in selecting consultants on a project-by-project basis will be significantly reduced.

RECOMMENDED ACTION: ADOPT a resolution authorizing service contracts with five architectural design firms for as-needed architectural services in an amount not to exceed $500,000 per firm,
over a three-year period from July 1, 2023 through
June 30, 2026, with two one-year extension options, for a total amount not to exceed $300,000 per firm for the
extension period - Public Works Department (Daniel
Chavarria 510-620-5478/ Robert Armijo 510-620-5477).

AGENDA
REPORT
1903

July 11, 2023
DISCUSSION:

It is anticipated that several capital improvement projects funded by various capital improvement funds, bonds, and grants will require the use of as needed architectural design services. Additionally, unscheduled projects will occur throughout the three-year period and will most likely require the use of the as-needed firm's agreements. Asneeded architectural services agreements allow the City to provide necessary design services in an efficient and timely manner. The agreements will eliminate the four-month process and costs associated with selecting consultants on an individual project-by project request for proposals basis.

On February 21, 2023, the City issued a Request for Qualifications (RFQ) for as-needed architectural services. The RFQ was posted on the City's BidsOnline System and 66 firms received copies of the proposal.

On May 1st, 2023, five architectural proposals were received. The evaluation criteria included:

1. Relevant experience and strengths of the firm.

2. Organization of firm, availability of resources and capability to meet project schedules.

3. Qualifications of project team and project manager; and

4. Ability to provide high quality customer service to the city and the community.

The five architectural firms that panels recommended are highly qualified to provide asneeded architectural services for the City of Richmond for the anticipated professional services workload for the next three years with two additional one-year extension option.

The five firms that are being recommended for approval are:
 Actypic
 LCA Architects
 SVA Architects, Inc.
 The KPA Group
 Ware Associates, Inc.

Each service contract is for an amount not-to-exceed $500,000 over a three-year period with two one-year extension options, for a total amount not to exceed $300,000 per firm for the extension period. Public Works Engineering will manage these contracts. The firms hired with as-needed architectural design services will provide site analysis and investigation, structural analysis, permit coordination, preparation of conceptual and schematic designs, preparation of construction documents for bidding, cost estimating, and construction support for libraries, gymnasiums, community centers, senior centers, parks, fire stations and maintenance yards, as well as other yet unspecified Public Works related projects.
1904

July 11, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Resolution As-Needed Architectural Design Services Attachment 2 – PlanetBids Vendor Portal Bid Detail
Attachment 3 – Rating Matrix
1905
Reso. No.

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AUTHORIZING STANDING CONTRACTS FOR AS-NEEDED

ARCHITECTURAL DESIGN SERVICES WITH FIVE FIRMS FOR AN AMOUNT NOT TO EXCEED $500,000 PER FIRM OVER A THREE-YEAR PERIOD FROM JULY 1, 2023 THROUGH JUNE 30, 2026, WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR A TOTAL AMOUNT NOT TO EXCEED $300,000 PER FIRM FOR

THE EXTENSION PERIOD

WHEREAS, the City anticipates several capital projects and public right-of-way improvement projects funded by various capital improvement funds, Measure funds, bonds, and grants will require the use of specialized architectural design services; and WHEREAS, the project-by-project selection process for architectural design services can take several months and involve substantial and inflated per-project consulting costs; and WHEREAS, City has demonstrated that the use of a pool of architectural design firms that have passed a competitive bidding process on an as-needed basis eliminates much of the delay and costs associated with project-by-project bidding; and WHEREAS, on February 21, 2023, the City issued a Request for Proposals for as-needed architectural design services through the City's BidsOnline system; and WHEREAS, five firms submitted proposals; and
WHEREAS, the firms selected on May 1, 2023 are: (1) Aetypic, (2) LCA Architects, (3) SVA Architects, Inc, (4) The KPA Group, and (5) Ware Associates, Inc.; and WHEREAS, each service contract with an approved firm will be for an amount notto- exceed $500,000 over a three-year period with the option to extend the contracts for up two, one-year periods; and
WHEREAS, the additional two-year extension period is not to exceed $300,000 per vendor; and
WHEREAS, these design firms will provide as-needed services for a variety of projects providing site analysis and investigation, structural analysis, permit coordination, preparation of conceptual and schematic designs, preparation of construction documents for bidding, cost estimating and construction support for libraries, gymnasiums, community centers, senior centers, parks, fire stations and maintenance yards, as well as other yet unspecified Public Works related projects; and
WHEREAS, anticipated services include preparation of environmental documents and permitting; preparation of documents required by funding entities; field reviews and surveys; preparation of exhibits; public presentations; preparation of project plans, specifications and cost estimates; design services during construction; record-keeping; environmental work, and special documentation required for federally funded projects; and additional Public Works tasks related to design services; and
WHEREAS, the Public Works will manage the contracts;
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute and make amendments to the contract as needed to facilitate the completion of the Project.
1906
Reso. No.

BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804. *********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held July 11, 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor
Approved as to form:

DAVE ALESHIRE
City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No._____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on July 11, 2023.

Pamela Christian, Clerk of the City of Richmond
1907
Bid Detail
Bid Bond
As-Needed Architectural Services for Various City of Richmond … Project Title As-Needed Architectural Services for Various City of Richmond Projects Invitation #
Bid Posting Date 02/21/2023 4:26 PM (PDT)
Project Stage Closed
Bid Due Date 03/31/2023 2:00 PM (PDT)
Response Format Electronic
Project Type RFQual (Request for Qualification)
Response Types Cost File
Response File
Type of Award Lump Sum
Categories 90600 - Architectural Services, Professional 90602 - Acoustics; Noise Abatement - Architectural Services 90608 - Automation; Controls; Instrumentation - Architectural Services 90610 - Buildings - Architectural Design
90612 - Building Sanitation - Architectural Services
90616 - Chemical Processing And Storage - Architectural 90618 - Cold Storage; Refrigeration; Fast Freeze - Architectural 90622 - Corrosion Control; Cathodic Protection; Electrolysis - Architectural 90700 - Architectural And Engineering Services, Non-Professional 90735 - Designing Services
91800 - Consulting Services
91815 - Architectural Consulting
99999 - Capital Improvement Projects
License Requirements
Department Public Works
Address 450 Civic Center Plaza
Richmond, California
94804
County Contra Costa
Bid Valid
Liquidated Damages
Estimated Bid Value
Start/Delivery Date
Project Duration
1908
Pre-Bid Meeting Information
Online Q&A
Contact Information
Description
Bid Bond 0.00%
Payment Bond 0.00%
Performance Bond 0.00%
Pre-Bid Meeting No
Online Q&A Yes
Q&A Deadline 03/17/2023 5:00 PM (PDT)
Contact Info Yader Bermudez, CIP Manager
[email protected]
Bids to
Owner's Agent
Scope of Services The City of Richmond is requesting proposals from firms interested in providing Architectural consulting services for various infrastructure and capital improvement projects. The prime consultant responding to the Request for Qualifications (RFQ) shall be a registered professional. The City of Richmond will receive proposals for AsNeeded Architectural Services until Friday, March 31, 2023, at 2:00 p.m., via the City’s secure online bidding system at www.ci.richmond.ca.us/bids. All firms will receive an e-bid confirmation number with a time stamp.

The City is looking for qualified Architectural firms to be available on as-needed basis.

The City anticipates projects involving but are not limited to the following: site analysis and investigation, structural analysis, permit coordination, preparation of conceptual and schematic designs, preparation of construction documents for bidding, cost estimating, construction support for gymnasiums, community centers, senior centers, parks, landscaping, fire stations and maintenance yards, as well as other as yet unspecified Public Works related projects. The anticipated total aggregate fee amount for each consultant contract is $500,000. The duration of the contract is anticipated to be three (3) years with a two (2) year extension.

It is the desire of the City to select up to five Architectural firms within a 40 miles City of Richmond radius. It is also the intent of the City to utilize prime and sub consultants located in the City of Richmond to the fullest extent practical.

Accordingly, firms proposing to be the prime consultant, which are located outside Richmond are encouraged to subcontract and/or either establish Mentor Protégé relationships, joint ventures o1909 r other consulting and contracting arrangements with Richmond-based firms. Refer to the City Local and Small Local Business Enterprise Program for details regarding the minimum participation requirement.

Other Details
Notes For assistance with downloading the RFP, please contact Ofelia Alvarez at [email protected]
Special Notices
Local Programs & Policies
1910
7/7/2023
Evaluation of Consulting Firm for
As Needed Architectural Services RFQ
Date 5-1-23
Rater 1 Rater 2 Rater 3 TOTAL
Aetypic 95 93 100 288.00
LCA Architects 86 88 100 274.00SVA Architects, Inc 91 89 85 265.00The KPA Group 91 85 77.5 253.50Ware Associates, Inc. 94 72 77.5 243.50 1911