September 12, 2023
Community Development
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Nannette Beacham, Director of Economic Development
Jesus Morales, Housing Manager
Subject:
Homekey Project Purchase Sale Agreement Amendment
and Assignment
FINANCIAL IMPACT: On June 20, 2023, the City Council authorized the provision of funding in an amount up to $4,900,000,
which may include capital funding and an operating
subsidy, and a waiver of transfer taxes in the amount of $131,000 towards the Project. Conditioned upon receipt of an award of Homekey funds for the Project, the City
would assume the Developer’s rights to purchase the
Property pursuant to the Purchase Sale Agreement with
a reduced purchase price equal to $6,220,000 and would
agree to waive applicable transfer taxes and outstanding Transient Occupancy Taxes (TOT) and late fees in the
approximate amount of $177,185.
PREVIOUS COUNCIL
ACTION:
June 20, 2023
STATEMENT OF THE
ISSUE:
The City Council previously authorized the submittal of a joint application for Homekey funds together with 425
Civic Center LP, a California limited partnership affiliated with Novin Development Corporation (“Developer”) to
support the development of a permanent supportive
housing project at 425 24th Street (the “Property”)
consisting of 48 units for people experiencing
homelessness or at-risk of homelessness and one
manager’s unit (the “Project”).
AGENDA
REPORT
543
September 12, 2023
RECOMMENDED ACTION:
ADOPT a resolution authorizing the acquisition of
property to implement a Homekey Project at 425 24th
Street if a grant is awarded – Community Development
Department (Lina Velasco 510-620-6841/Jesus Morales
510-620-6649).
DISCUSSION:
On June 20, 2023, the City Council adopted Resolution No. 62-23 authorizing the submittal of a joint application for Homekey funds together with 425 Civic Center LP, a California limited partnership affiliated with Novin Development Corporation (“Developer”) to support the development of a permanent supportive housing project at 425 24th Street (the “Property”) consisting of 48 units for people experiencing homelessness or at-risk of homelessness and one manager’s unit (the “Project”). As part of the adopted Resolution, the City Council previously authorized the execution of a California Department of Housing and Community Development Standard Agreement and related documents if Homekey funds are awarded for the Project.
In addition, contingent upon an award of Homekey funds for the Project, the City Council authorized the provision of funding in an amount up to $4,900,000, which may include capital funding and an operating subsidy, and a waiver of transfer taxes in the amount of $131,000.
Novin Development Corporation and the current owner of the Property entered into a Purchase and Sale Agreement (“PSA”), pursuant to which the owner agreed to sell the Property to Developer for a purchase price of $9,065,000; however, based on an appraisal of the Property, Developer requested, but the owner rejected, a reduction in the purchase price of the Property. The owner, the Developer, and City staff have negotiated the terms of an Assignment, Assumption, and Amendment Agreement (“PSA Amendment”) pursuant to which, conditioned upon receipt of an award of Homekey funds for the Project, the City would assume the Developer’s rights to purchase the Property pursuant to the PSA with a reduced purchase price equal to Six Million, Two Hundred Twenty Thousand Dollars ($6,220,000), City’s agreement to waive applicable transfer taxes and waive outstanding Transient Occupancy Taxes (TOT) and late fees in the approximate amount of $177,185. Contingent upon an award of Homekey funds for the Project, the City Council previously authorized the City to acquire the Property and to ground lease it to the Developer for implementation of the Project.
City staff is seeking City Council authorization for the City Manager to execute the PSA Amendment in the form presented to the City Council, and contingent upon an award of Homekey funds for the Project, authority for the City to acquire the property.
In addition, City staff seeks City Council authorization for the City Manager to take all such actions and to execute, acknowledge, deliver, and record such instruments as the City Manager may deem necessary or appropriate in order to carry out and perform the 544
September 12, 2023
purposes and intent of this Resolution, including without limitation, a certificate of acceptance for the Property.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution No. 62-23
Attachment 2 – Draft Resolution
Attachment 3 – Executed Purchase Sale Agreement (PSA)
Attachment 4 – PSA Amendment and Assignment
545
RESOLUTION NO. 62-23
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND AUTHORIZING
A JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY PROGRAM WHEREAS, the Department of Housing and Community Development ("Department") has issued a Notice of Funding Availability, dated March 29, 2023 ("NOFA"), for the Homekey Program ("Homekey" or "Program"). The Department has issued the NOF A for Homekey grant funds pursuant to Health and Safety Code section 5067 5 .1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, the City of Richmond ("Co-Applicant") desires to jointly apply for Homekey grant funds with 425 Civic Center LP, a California limited partnership affiliated with Novin Development Corporation ("Developer"). Therefore, Co-Applicant is joining Developer in the submittal of an application for Homekey funds ("Application") to the Department for review and consideration; and
WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement ("Standard Agreement"), and all other legal requirements of the Homekey Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE
RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, THAT:
1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOF A, and to jointly apply for Homekey grant funds in a total amount not to exceed $23,000,000 for the development of a permanent supportive housing project at 425 24th Street, Richmond, California (the "Property") to consist of 48 units for people experiencing homelessness or at-risk of homelessness and one manager's unit (the "Project").
2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $23,000,000, and any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the "Homekey Documents").
3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOF A and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
4. The City Manager of the City of Richmond is authorized to execute the Application and the Homekey Documents, and any amendments or modifications thereto, on behalf of the City as Co-Applicant for participation in the Homekey Program.
5. If the Application is approved, the City agrees to provide funding for the Project in an amount up to $4,900,000, which may include capital funding, and an operating subsidy, and a $131,000 waiver of transfer taxes.
6. If the Application is approved, and contingent upon City Manager approval of due diligence, the City Manager is authorized to acquire the Property and enter into a ground lease of the Property and either a lease or sale of the improvements located thereon to the Developer for implementation of the Project.
Reso. No. 62-23
Pagel of2
546
7. The City Manager is hereby authorized and directed to take all such other actions and to execute, acknowledge, deliver, and record such other instruments, as the City Manager may deem necessary or appropriate in order to carry out and perform the purposes and intent of the foregoing resolutions, including without limitation, loan and grant agreements, a regulatory agreement, and Project implementation agreements, including a Memorandum of Understanding with the Developer, a purchase and sale agreement, ground lease, and certificate of acceptance.
******************
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 on June 20, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Approved:
EDUARDO MARTINEZ
Mayor
Approved as to form:
DA VE ALESHIRE
City Attorney
State of California
County of Contra Costa
City of Richmond
}
}
Councilmembers Bana, Jimenez, Robinson, Zepeda, Willis, Vice Mayor McLaughlin, and Mayor Martinez.
None.
None .
None.
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
: SS.
I certify that the foregoing is a true copy of Resolution No. 62-23, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on June 20, 2023 . "
'
Pamela Christian, Clerk of the City of Richmon
Reso. No. 62-23
547
Reso No.
4858-3697-5995 v1
RESOLUTION NO._____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING THE ACQUISITION OF PROPERTY TO IMPLEMENT A
HOMEKEY PROJECT AT 425 24TH STREET
WHEREAS, the Department of Housing and Community Development (“HCD”) has issued a Notice of Funding Availability for the Homekey Program (“Homekey”) pursuant to Health and Safety Code section 50675 et seq.; and
WHEREAS, the City Council previously authorized the submittal of a joint application for Homekey funds together 425 Civic Center LP, a California limited partnership affiliated with Novin Development Corporation (“Developer”) to support the development of a permanent supportive housing project at 425 24th Street (the “Property”) consisting of 48 units for people experiencing homelessness or at-risk of homelessness and one manager’s unit (the “Project”); and
WHEREAS, the City Council previously authorized the execution of an HCD Standard Agreement and related documents if Homekey funds are awarded for the Project; and
WHEREAS, contingent upon an award of Homekey funds for the Project, the City Council previously authorized the provision of funding in an amount up to $4,900,000, which may include capital funding and an operating subsidy, and a waiver of transfer taxes in the amount of $131,000; and
WHEREAS, Developer and the current owner of the Property entered into a Purchase and Sale Agreement (“PSA”), pursuant to which the owner agreed to sell the Property to Developer for a purchase price of $9,065,000; and
WHEREAS, based on an appraisal of the Property, Developer requested, but the owner rejected, a reduction in the purchase price of the Property; and
WHEREAS, the owner, the Developer, and City staff have negotiated the terms of an Assignment, Assumption, and Amendment Agreement (“PSA Amendment”) pursuant to which, conditioned upon receipt of an award of Homekey funds for the Project, the City would assume the Developer’s rights to purchase the Property pursuant to the PSA with a reduced purchase price equal to Six Million, Two Hundred Twenty Thousand Dollars ($6,220,000), City’s agreement to waive applicable transfer taxes and waive outstanding Transient Occupancy Taxes (TOT) and late fees in the approximate amount of $177,185; and
WHEREAS, contingent upon an award of Homekey funds for the Project, the City Council previously authorized the City to acquire the Property and to ground lease it to Developer for implementation of the Project.
548
Reso No.
4858-3697-5995 v1
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE
RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, THAT:
1. The City Manager is hereby authorized and directed to execute the PSA Amendment in the form presented to the City Council , and contingent upon an award of Homekey funds for the Project, the City is authorized to acquire the Property.
2. The City Manager is hereby authorized and directed to take all such actions and to execute, acknowledge, deliver, and record such instruments as the City Manager may deem necessary or appropriate in order to carry out and perform the purposes and intent of this Resolution, including without limitation, a certificate of acceptance for the Property.
*******************************
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 on ______, 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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4873-9004-1714 v4
ASSIGNMENT, ASSUMPTION, AND AMENDMENT AGREEMENT
THIS ASSIGNMENT, ASSUMPTION, AND AMENDMENT AGREEMENT (this “Agreement”) is made as of this 26th day of July 2023, by and between JOURNEY HOSPITALITY, INC., a California corporation ("Seller") and NOVIN DEVELOPMENT CORP., a California corporation ("Novin").
WHEREAS, Seller and Novin entered into a Purchase and Sale Agreement dated May 23, 2023 and attached hereto as Exhibit A (the “PSA”), pursuant to which Seller agreed to sell, and Novin agreed to purchase, the property located at 425 24th Street in the City of Richmond, as further described in the PSA (the “Property”);
WHEREAS, Novin has requested, but Seller has rejected, a reduction to the purchase price set forth in the PSA;
WHEREAS, pursuant to Government Code Section 7267.2, the City has delivered to Seller an offer to purchase the Property for a sum not less than the appraised value as set forth in an appraisal prepared by Valbridge Property Advisors and dated June 21, 2023, and updated July 13, 2023, a summary of which has been delivered to Seller;
WHEREAS, City staff have advised Seller that if the purchase and sale of the Property does not go forward pursuant to the PSA as modified by this Agreement, City staff intend to request the adoption of a resolution of necessity that, if adopted, would allow the City to condemn the Property; and
WHEREAS, contingent upon approval by the City Council of the City of Richmond (“City Council”), the City of Richmond, a municipal corporation (“City”) has agreed to assume the obligations of Novin under the PSA as modified pursuant to this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Novin agree as follows:
1. Incorporation of Recitals; Definitions. The parties acknowledge the truth of the foregoing recitals which by this reference are incorporated into this Agreement. Capitalized terms used herein without definition shall have the meaning ascribed to such terms in the PSA.
2. Assignment of Purchase and Sale Agreement. Provided that the City Council provides authorization for such action, Novin shall assign to City, and City shall assume, the rights and obligations of Novin under the PSA as modified by this Agreement. By their execution of this Agreement, Novin and Seller each consent to such assignment and assumption. If the City Council does provide such authorization, the City shall execute this Agreement, and effective as of the date of such execution, Novin shall assign, and City shall assume, the rights and obligations of Novin under the PSA as modified by this Agreement. If the City Council has not DocuSign Envelope ID: 729D47BA-0659-4871-A637-54CEDC0DB689 580
4873-9004-1714 v4
provided such authorization by September 12, 2023, this Agreement shall be null and void, and the PSA as unmodified will remain in effect; provided however, the parties agree that notwithstanding the foregoing, the Due Diligence Period as set forth in the PSA shall be extended to September 15, 2023.
3. Purchase Price. Section 2 of the PSA is hereby amended and restated in its entirety to read as follows:
Purchase Price. The purchase price for the Property (the “Purchase Price”) shall be Six Million Two Hundred Twenty Thousand Dollars ($6,220,000). In addition, if approved by the City Council, at Closing, the City shall waive collection of outstanding Transient Occupancy Taxes (TOT) and late fees owed by Seller for the Property from the date of the signing of the addendum through Closing Date. As of the date of this Agreement, the amount of outstanding TOT taxes and late fees is One Hundred Seventy-Seven Thousand, One Hundred and Eighty-Four and 59/100 Dollars ($177,184.59). Pursuant to Resolution No. 62- 23, adopted by the City Council on June 20, 2023, the City agrees that if the City purchases the Property, and if transfer taxes apply to such transaction, the City will waive all transfer taxes applicable.
4. Deposits. Seller and Novin acknowledge that Novin has previously deposited the Initial Deposit into escrow as described in Section 3(b) of the PSA. The Initial Deposit and any interest earned thereon shall be credited toward the Purchase Price at Closing. If the Closing does not occur by March 12, 2024, the Initial Deposit shall be returned to Novin. In consideration for the waiver of TOT taxes and late fees, no additional deposits or extension fees shall be required if the City assumes Novin’s right to acquire the Property pursuant to the PSA.
5. Title to the Property; Termination of Franchise Agreement. Seller acknowledges that at Closing, all property taxes and assessments (including without limitation waste collection service charges) shall be paid current by Seller, and the Property will be delivered free and clear of all outstanding deeds of trust and other monetary liens. Novin and City expressly disapprove all such items appearing on the Preliminary Report or otherwise affecting title to the Property.
Without limiting the generality of the foregoing, Seller will cause all title exceptions pertaining to the Pinnacle Bank financing appearing on the Preliminary Report to be removed. Prior to Closing, at Seller’s expense, Seller shall cause the Motel 6 franchise agreement pertaining to the Property to be terminated, and Seller shall deliver evidence that such agreement has terminated to Novin and City.
6. Due Diligence Period. Notwithstanding any contrary provision of the PSA, the Due Diligence Period shall extend through March 12, 2024, or, if earlier, the date upon which the California Department of Housing and Community Development (“HCD”) first disburses HomeKey funds for the acquisition of the Property. Promptly following execution of this Agreement, Novin and/or Seller shall provide copies to City of all Due Diligence Documents (described in Section 5(b) of the PSA) and all Service Contracts (described in Section 11(g) of the PSA) affecting the Property.
DocuSign Envelope ID: 729D47BA-0659-4871-A637-54CEDC0DB689 581
4873-9004-1714 v4
7. Closing Date. Notwithstanding any contrary provision of the PSA, the Closing Date shall be not later than March 12, 2024, or, if earlier, the date which is ten (10) business days following the date upon which HCD disburses HomeKey funds for the acquisition of the Property. Buyer shall strive to prove 60 days’ notice to Seller prior to Closing Date.
8. Contingent Upon Award of Homekey Funds. Pursuant to Section 6 (b)(vii) of the PSA, the parties acknowledge that Novin’s (and, if applicable, City’s) obligation to purchase the Property is contingent upon HCD’s award of Homekey funds for the acquisition, improvement, and operation of the Property in an amount not less than fourteen million five hundred twelve thousand six hundred and sixty Dollars ($14,512,660).
9. Relocation. Seller agrees to cooperate with City in connection with compliance with all applicable State and federal relocation laws and regulations, including without limitation, the delivery of any required notices to existing or prospective residents of the Property.
10. Judicial Reference. Section 17(s) (Judicial Reference) is hereby deleted from the PSA.
11. 1033 Exchange. The parties agree to cooperate in the event that Seller wishes to participate in an exchange pursuant to 26 U.S.C. section 1033 (“1033 Exchange”). If this occurs, Seller shall bear all costs of such exchange, and neither Novin nor City shall have any liability for damages to Seller or to any other party, including, without limitation, any other exchanging party, in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1033 Exchange.
12. Brokers’ Fees. Notwithstanding any contrary provision of the PSA, the parties agree that City shall have no obligation to pay any real estate commission, brokerage fee, finder’s fee, or similar fee or compensation in connection with the purchase and sale of the Property, and payment of any such fee shall be the sole responsibility of Seller and/or Novin.
13. Notices. The City shall be added as a notice party under section 17(d) of the PSA. The address for notices to the City is:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Manager
14. Ratification. Except as expressly amended and modified by this Agreement, the PSA is hereby ratified and confirmed, and all other terms of the PSA shall remain in full force and effect, unaltered and unchanged by this Agreement.
15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. The parties agree that venue for any dispute arising under the PSA as modified by this Agreement shall be in State or federal courts with jurisdiction in Contra Costa County, California.
DocuSign Envelope ID: 729D47BA-0659-4871-A637-54CEDC0DB689 582
4873-9004-1714 v4
16. Entire Agreement. This Agreement, together with the PSA, constitutes the entire agreement among Seller, Novin, and the City pertaining to the purchase and sale of the Property, and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of Seller, Novin and/or the City.
IN WITNESS WHEREOF, Seller and Novin have executed this Agreement by their duly authorized representatives.
SELLER:
Journey Hospitality, Inc., a California
corporation
By: Rocky Patel,
President
Date: 7/28/2023
NOVIN:
Novin Development Corp., a California
corporation
By: Iman Novin,
President and CEO
Date: 7/28/2023
To be executed following City Council authorization:
The undersigned hereby certifies that by Resolution No. ____ adopted September 12, 2023, the City Council of the City of Richmond authorized the City to execute the foregoing Agreement and to assume the obligations of Novin Development Corp. as the Buyer under the PSA as modified by the foregoing Agreement. By signature of its duly authorized representative, the City hereby executes the Agreement effective as of September ___, 2023.
City of Richmond, a municipal corporation
By:_________________________
Print Name:___________________
Title:________________________
Approved as to form:
___________________________
City Attorney
DocuSign Envelope ID: 729D47BA-0659-4871-A637-54CEDC0DB689 583
4873-9004-1714 v4
Exhibit A
PURCHASE AND SALE AGREEMENT
(Attach copy of executed PSA.)
DocuSign Envelope ID: 729D47BA-0659-4871-A637-54CEDC0DB689 584
September 12, 2023
Fire Department
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Angel Montoya, Fire Chief
Aaron Osorio, Deputy Fire Chief
Subject:
Computer Aided Dispatch System Services and
Equipment for Fire Department
FINANCIAL IMPACT: Total expenditures for Fiscal Year 2023 – 2024 are $438,862.50 for the Mark43, Inc. initial licensing and
setup fees, procurement of GETAC v110 hardware, and
labor cost of installing hardware and accessories into fire department vehicles. The total cost of the project is
approximately $555,862.50. Remaining expenditures will
be budgeted accordingly in subsequent fiscal years.
Account Strings: 01204022-400209; 01204022-400501;
01204022-400341.
PREVIOUS COUNCIL
ACTION:
March 28, 2023
STATEMENT OF THE
ISSUE:
The Richmond Fire Department’s current hardware and
software does not support the technology required to
provide top-quality emergency services. The Department is seeking City Council approval to upgrade their
Computer Aided Dispatch System, related software, and
vehicle fleet hardware and accessories to be better
prepared for emergency situations.
AGENDA
REPORT
585
September 12, 2023
RECOMMENDED ACTION:
APPROVE a second amendment to the contract with
Mark43, Inc. in the amount of $188,800, for a new total contract not to exceed amount of $2,615,800 to upgrade
the Richmond Fire Department’s Computer Aided
Dispatch (CAD) system software and for annual service
costs; APPROVE a purchase order with DuraTech USA,
Inc. in the amount of $175,000 including a $1,787.21
contingency to purchase related computer hardware and
accessories; APPROVE a contract with Stommel, Inc.
dba Lehr in the amount of $192,062.50, with a term
beginning September 16, 2023 through December 31,
2023, to install the hardware and accessories to Fire
Department vehicles; and ADOPT a resolution amending
the Fire Department’s fiscal year 2023-24 budget and
appropriating $438,862.50 to cover the costs of the
upgrade – Fire Department (Chief Angel Montoya 510-
307-8041/Deputy Chief Aaron Osorio 510-307-8021).
DISCUSSION:
On March 28, 2023, the Richmond City Council adopted Resolution No. 32-33 to appropriate $241,550 from the General Fund to upgrade the Mark43 Fire Computer Aided Dispatch (CAD) as part of the Fiscal Year (FY) 2022-23 Mid-Year budget adjustments.
The additional appropriation approved during mid-year adjustments included the following items: (a) Mark 43 software upgrade and first-year cost of service; (b) computer hardware cost; and (c) apparatus accessories. The Department is now submitting the contractual documents necessary to consummate the transaction with Mark43.
Additionally, the budget adjustments submitted during the FY 2022-23 mid-year review did not include the cost of labor to install the hardware in the Fire Department apparatus and vehicles. Therefore, the Department is seeking additional appropriation to cover the labor cost of the installation of computer hardware for thirty-five (35) Fire Department apparatus and vehicles.
Considering that the contractual documents for this project were not presented and approved by the City Council during FY 2022-23, the Department is now seeking City Council approval to appropriate $438,862.50 into the Department’s current fiscal year budget. The appropriation is needed to initiate the upgrade in FY 2023-24. The breakdown of the project for FY 2023-24 is as follows:
586
September 12, 2023
Cost Type Description Qty Amount Total Cost
Mark 43
Mark 43 Software: One-Time Fee/
First Year Service 1 $ 71,800.00 $ 71,800.00 DuraTech USA, Inc.
Hardware: GETAC V110 35 $ 4,200.00 $ 143,000.21 Pass thru docs 35 $ 650.00 $ 30,212.58 Contingency 1 $ 1,787.21 $ 1,787.21 Stommel, Inc. dba Lehr
Accessories/ Labor Cost
Accessories/
Labor Cost 35 $ 5,000.00 $ 175,000.00 Labor Sales Tax 1 $ 17,062.50 $ 17,062.50 Total: $ 438,862.50
The total cost of the addition of the Fire Department’s CAD software and annual service fees is $555,862.50. The remaining cost of the project will be budgeted accordingly in subsequent fiscal years.
Mark43, Inc.
The City, through the Richmond Police Department, already contracts with Mark43, Inc. for Computer Aided Dispatch software. The Richmond Fire Department (“Department”) is seeking authorization to amend the current contract with Mark43, Inc. and add additional services to the agreement increasing the total contract by $188,800. The additional services are as follows: (a) ANA 1: Analytics BI Suite Viewer, which is a pre- built library assets including statistical reports; (b) CAD 3: Fire First Responder, which is an enhanced view for dispatch and fire personnel to assign tasks and view real-time events, units, and mobile GPS location on map.
The payment schedule for the Mark43, Inc. contract is as follows:
Year Due Date Base
1 Year 1 Payment, due per the following schedule: $71,800 Effective Date $35,900
Application Setup $17,950
Cutover/Go-Live $17,950
2 Year 2 Payment, due on Effective Date anniversary $39,000 3 Year 3 Payment, due on Effective Date anniversary $39,000 4 Year 4 Payment, due on Effective Date anniversary $39,000 Total $188,800
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September 12, 2023
DuraTech USA, Inc.
The Fire Department must purchase hardware that is compatible with the upgraded software provided by Mark43, Inc. The Richmond Police Department recently performed a similar system upgrade and utilizes hardware provided by GETAC. DuraTech USA, Inc. is the authorized dealer for GETAC equipment. Since the GETAC hardware is currently being used within the City and is confirmed to be compatible, the Fire Department is seeking approval of a purchase order in the amount of $175,000 including a $1,787.21 contingency to procure the equipment and allow for any minor pricing adjustments.
Stommel, Inc. dba Lehr
The Fire Department is requesting approval of a contract with Stommel, Inc. dba Lehr (“Lehr”) in the amount of $192,062.50, with a term beginning September 16, 2023 through December 31, 2023, to perform the installation of CAD hardware and accessories into 35 Department vehicles.
The Fire Department seeks to piggyback on the contract between the County of Placer (“County”) and Lehr. The County conducted a competitive bidding process that opened on July 30, 2019, and closed on August 13, 2019. The County was “soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County Sherriff’s Office and Placer County Fire Department.
Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis.” Upon review, the County selected Lehr as the best most responsive proposer to meet the specifications, thereby awarding Lehr with Contract Number SCN104242.
Section 4.3 of the County’s Request for Proposals (RFP) provides piggyback authority. “Other public agencies may elect to “piggyback” on the County’s resulting agreement(s).
It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.”
After careful review of various purchasing options and pricing, City staff determined that it is in the best interest of the City of Richmond and the Department to utilize the RFP and contract of the County of Placer – County of Placer Bid # 20000 and Contract Number SCN105300. The City of Richmond has worked with Lehr for many years and has been satisfied with their work. Furthermore, Lehr is familiar with the layout of the Department vehicles since they have installed most of the dispatch and communications systems on the Department’s fleet.
588
September 12, 2023
Summary
The Fire Department requests that the above items be approved, as the items are an integral part of the Department’s intended Mark43 CAD upgrade. The upgrade will improve the technology of the City’s current dispatch system, where the City will be able to dispatch the closest available unit when a citizen calls for emergency services, improve response times, and provide better and more efficient service to the community during emergencies.
DOCUMENTS ATTACHED:
Exhibit 1: Mark43 Original Agreement
Exhibit 2: Mark43 First Amendment
Exhibit 3: Mark43 Proposed Second Amendment
Exhibit 4: County of Placer Bid #20000 and Contract Number SCN105300 Exhibit 5: Lehr Piggyback Pricing Letter and Quote
Exhibit 6: Lehr Standard Contract
Exhibit 7: GETAC V110 Quotation
Exhibit 8: Resolution
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CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
645
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
646
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
647
Exhibit A-1
648
QUOTE - 1/12/2023RICHMOND FIRE DEPARTMENT
FEE SUMMARY AND PAYMENT SCHEDULE
Subscriber Name Richmond Fire Department Quote Date 1/12/2023Subscriber Address 1701 Regatta Blvd.Richmond, CA 94804 Quote Expiration 4/12/2023Payment Terms Net 30Effective Date ofContract (Term Start) TBD Mark43 AccountExecutive
Mistiza Colebank
Term Length 5 years Email [email protected]
FEE SUMMARY
Mark43 Cost
Recurring Subscription $39,000.00
One-Time Fees $71,800.00
Total over 5 Contract Years $227,800.00
Payment Schedule - Initial Term - Mark43 Cost QuoteYear Due Date Base1 Year 1 Payment, due per the following schedule: $71,800.00Effective Date $35,900.00Application Setup $17,950.00Cutover/Go-Live $17,950.002 Year 2 Payment, due on Effective Date anniversary $39,000.003 Year 3 Payment, due on Effective Date anniversary $39,000.004 Year 4 Payment, due on Effective Date anniversary $39,000.005 Year 5 Payment, due on Effective Date anniversary $39,000.00 Total over 5 Contract Years $227,800.00This is an indicative quote based on current Mark43 assumptions about the scope and complexity of the project. Thissales quote does not include any applicable sales tax. This sales quote does not include potential hardware that maybe required for the implementation of the solution. This quote does not include potential fees charged by resellers.Mark43 reserves the right to modify the quote for any reason. This quote is not a binding order. Orders for Mark43’sSubscription Services, Software and Professional Services must be placed pursuant to a separate contract document inthe form provided by or otherwise acceptable to Mark43. Forms will not be valid unless signed by Subscriber andMark43 and orders are not effective unless the customer has signed a Software License and Subscription Agreementwith Mark43 or an authorized Mark43 reseller (the “Subscription Agreement”). Certain orders for Professional Servicesalso require a Statement of Work, unless such requirement is waived in writing by Mark43.
MARK43 PROPRIETARY & CONFIDENTIAL INFORMATION
2 Exhibit A-1
649
QUOTE - 1/12/2023RICHMOND FIRE DEPARTMENT
DETAILED PRICING BREAKDOWN
DETAILED BREAKDOWN - RECURRING FEESANNUAL RECURRING MARK43 PRODUCT SUBSCRIPTIONProduct Module QTY(if applicable) PRICE PER LIST PRICE PER OFFERUNIT TOTAL UNIT TOTALPLATFORM ENHANCEMENTSANA 1: Analytics BI SuiteViewer not to exceed 10license(s)
$120.00 $1,200.00 $120.00 $1,200.00
COMPUTER AIDED DISPATCH (CAD)CAD 3: Fire First Respondernot to exceed 90responders $600.00 $54,000.00 $420.00 $37,800.00
SUBTOTAL - MARK43 PRODUCT SUBSCRIPTION $55,200.00 n/a $39,000.00RECURRING SUPPORT & MAINTENANCESUPPORT & MAINTENANCE - SUBSCRIPTION included in subscriptionSUPPORT & MAINTENANCE - INTERFACES included in subscriptionTOTAL PRICE PER LISTTOTAL PRICE PER OFFERRECURRING TOTAL $55,200.00 $39,000.00 DETAILED BREAKDOWN - ONE-TIME FEESFIRST YEAR MARK43 IMPLEMENTATION TENANT QTY PRICE PER LISTBASE OFFERImplementation Tenant(s) 1 $55,200.00 $39,000.00SUBTOTAL - IMPLEMENTATION TENANT $55,200.00 $39,000.00ONE - TIME MARK43 PROFESSIONAL SERVICES QTY PRICE PER LISTBASE OFFERIMPLEMENTATION (IMP)Implementation n/a $5,300.00 $5,300.00INTERFACE DEVELOPMENT Pre-Launch Interfaces 1 interfaces $15,000.00 $15,000.00 TRAINING (TRN)Estimated On-Site Training 1 unit(s) $12,500.00 $12,500.00SUBTOTAL - MARK43 PROFESSIONAL SERVICES $32,800.00 $32,800.00 ONE TIME TOTAL $88,000.00 $71,800.00
MARK43 PROPRIETARY & CONFIDENTIAL INFORMATION
3 Exhibit A-1
650
QUOTE - 1/12/2023RICHMOND FIRE DEPARTMENT
ASSUMPTIONSThis section outlines the relevant assumptions and considerations that were the basis forthe offered quotes. ● This quote assumes the specific product and services scope listed in Section 4● This quote assumes Richmond Fire Department will accept Mark43 standard terms andconditions.● This quote assumes Richmond Fire Department will be responsible for purchasing andmaintaining hardware required to operate Mark43 or partner products.● This quote assumes an effective date of January 1, 2023 with a contract expiration dateof June 30, 2027.● This quote assumes implementation not to exceed 5 weeks. Should the Richmond FireDepartment require additional hours to complete implementation, an additional costquote will be provided.● Integrations Included: This quote assumes the following integrations at the following levels:
Interface Development (INT) Detailed Breakdown
Interface Name Direction
Tablet Command One Way from M43
OPTIONAL - (RECURRING FEES)
ANNUAL RECURRING MARK43 PRODUCT SUBSCRIPTION
Product Module QTY(if applicable)
PRICE PER LIST PRICE PER OFFER
UNIT TOTAL UNIT TOTAL
PLATFORM ENHANCEMENTS
MOB 1: On-Scene MobileField Collection App
not to exceed 90sworn
$480.00 $43,200.00 $336.00 $30,240.00
OPTIONAL PRODUCTS AND SERVICESPRODUCT DESCRIPTION
Mark43 OnScene App -
Available on Android Q4 andiOS Q1/Q2 2023
● Context driven app that provides the tools and information to respondsafely and effectively○ Heightened situational awareness○ Context driven, first responder focused workflows○ Accept, view, and initiate assignments○ Update your status○ View events, units, and mobile GPS location on the map MARK43 PROPRIETARY & CONFIDENTIAL INFORMATION
4 Exhibit A-1
651
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
652
County of Placer
Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
Phone (530) 886-2122
Supplier Contract
Contract Number SCN105300
Contract Reference 97
Contract Start Date 10/01/2022
Contract End Date 09/30/2023
Buyer Javier Terrazas
Phone Number +1 (530) 889.4252 x4252
Email [email protected]
1 Supplier:
STOMMEL INC
dba LEHR
631 N MARKET BLVD STE N
SACRAMENTO, CA 95834
This Supplier Contract shall be governed by the attached terms and conditions.
Please reference the Supplier Contract number above on all invoices and correspondence related to this order.
Summary:
Emergency Response Vehicle Supplies/Equipment and Installation Services Vendor Contact: Steve Adair, Ph. #No. 916-267-5547, Email: [email protected] County Contacts:
Probation Dept. Contact (Orders and Accounting): Chris Artim, Ph. #530-889-7912, Email: [email protected] Placer County Sheriff Contact: Matt Burgans, Ph. #530-889-7865 Sheriff Accounting: Lisa Lentz, Ph. #530-889-6919, [email protected] Placer County Fire: Sarah Poindexter, Ph. #530-889-4037 Placer County Fire Accounting: Glenn Nishimoto, Ph. #530-886-4623, [email protected] Renewal of SCN104242
This is the third of four optional one-year renewal terms that were approved by the Board of Supervisors on September 24, 2019.
Payment Terms Total Contract Amount
NET 30 275,000.00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as equipment installation services in accordance with the vendor's agreement to renew SCN104242 - see attached for pricing, terms, and conditions.
10/01/2022 09/30/2023 275,000.00
653
631 North Market Street Suite N, Sacramento Ca 95834
Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to $105 per hour Effective:
July 1, 2021
July 1, 2021
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $95.00 per hour to $105.00 per hour.
We understand that this is almost a 10% increase from the previous year. Lehr provides specialized labor for the fabrication of first responder vehicles.
Historically we have only taken two labor increases in 15 years. Wages have increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the best emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Sacramento, CA 95834
Cell 916.267.5547
Fax: 916.646.6656
[email protected]
654
Procurement Services Division
2964 Richardson Drive ▪ Auburn, CA 95603
(530) 886-2122
20000 - Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.
However, if you have difficult submitting your bid online or prefer to submit your bid manually (hard-copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:
Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
All bids must be submitted on original documents (no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid's General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WILL BE REJECTED.
Vendors shall complete the area below for hard copy submissions:
COMPANY NAME: ____________________________________________________ Mailing Address: ____________________________________________________ City/State/Zip: ____________________________________________________ Contact Person: ____________________________________________________ Telephone: ____________________________________________________ Email: ____________________________________________________ SIGNATURE: ____________________________________________________ DATE: ____________________________________________________ Title: ____________________________________________________ By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda (if any).
Vendor Details
655
Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please
state:
Lehr Auto Electric
Address:
4707 Northgate Blvd
Sacramento, CA 95834-1120
Contact: Steve Adair
Email: [email protected]
Phone: 916-267-5547
Fax: 916-646-6656
HST#: 61-1499917
Submission Details
Created On: Thursday August 08, 2019 16:23:20
Submitted On: Tuesday August 13, 2019 11:55:35
Submitted By: Steve Adair
Email: [email protected]
Transaction #: bf9e4edd-1317-482f-9d85-05e42711727e
Submitter's IP Address: 207.242.136.194
656
Schedule of Prices
BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE
MANUFACTURE
R
MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE
PRODUCT
WARRANTY
INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)
COMMENTS
1.1 Lightbar with the following
options/modifications: Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).
EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*
1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar. Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.
EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*
1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).
EA 15 Whelen
Engineering
CCSRN3
$749.00 $ 60 Whelen Master
Distributor
*
1.4 PB400 Full Aluminum Push
Bumpers. Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.
EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*
1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.
Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*
1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.
The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*
1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key *
1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H
$131.64 12 #2 Key *
1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor *
1.10 Siren Speaker EA 15 Whelen SA315P $199.99 24 Authorized Distributor *
1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1
$29.40 $ 60 Authorized
Distributor *
1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor *
1.13 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: BLUE
EA 45 Whelen VTX609B
$84.99 $ 60 Authorized
Distributor *
1.14 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: RED
EA 45 Whelen VTX609R
$84.99 $ 60 Authorized
Distributor *
1.15 Vertex Super-LED Light, Single Self-
Contained Hemispheric Light,
Color: CLEAR
EA 45 Whelen VTX609J
$$84.99 $ 60 Authorized
Distributor *
1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: BLUE
EA 15 Whelen RSB02ZCR
$$66.60 $ 60 Authorized
Distributor *
1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: RED
EA 15 Whelen RSR02ZCR
$66.60 $ 60 Authorized
Distributor *
1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1
$10.80 $ 60 Authorized
Distributor *
657
1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $154.99 $ 60 Authorized
Distributor *
1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC
$154.99 $ 60 Authorized
Distributor *
1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor *
1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E
$861.75 $ 12 Authorized
Distributor *
1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor *
1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.
EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor *
1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FP-
BLNK1, 2" Blank - Troy Products
Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*
1.26 Mount Kit EA
1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime *
1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor *
1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $66.95 60 Authorized Distributor *
1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor *
1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $411.10 $ 60 Authorized Distributor *
1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor *
1.32 Double Beam Halogen Work Lamp
12V
EA
2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor *
1.33 LED Strip Light EA 1 Whelen PSC0CDCR $ 112.20 $ 60 Authorized Distributor *
1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046 *
1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA
1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*
1.36 Tlt Swivel Attachment EA
1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*
1.37 Radio Ray Wireless Spot Light EA
1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr
warranty *
1.38 18" Console EA 1 Troy Products CC-MC18 384.48 $ 60 Authorized Distributor *
Subtotal: $ 124,020.15
658
659
Bid Questions
Delivery Time: Bidders shall indicate their delivery time (after an order is received) for items specified in this bid without installation services in the space provided. Indicate your Delivery Time in Days
Delivery time 2-21 days. (In stock items 1-2 days, Items needed to be ordered up to 3 weeks however we stock many of your every day items.)
Turnaround Time: Bidders shall indicate their normal
turnaround time for a fully installed emergency vehicle in the space provided. Indicate your Turnaround Time in
Days
3-5 business days
**Note: If installation service is needed on behalf of Placer County Fire Department, the County intends to deliver and pick up the vehicles at the successful firm's location. As an option, Placer County Fire may require the successful firm to pick up and/or deliver a vehicle. Bidder shall provide rates for pick up and delivery service to be charged one- way, from vendor's shop to Placer County Fire facility
only.**
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Rate: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your travel rate
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your
Travel Time
$65 per hour based on Map Quest travel time 35 minutes travel time Documents
Upload additional information here - optional, unless otherwise denoted as mandatory (with asterisk):
Additional Document - Additional Discounts.xlsx - Tuesday August 13, 2019 11:36:56 660
Attachment A
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SUPPLEMENTAL TERMS AND CONDITIONS
1. DOCUMENTS
Below are the documents associated with this bid.
Attachment A – Supplemental Terms and Conditions
Attachment B – Scope of Work
Attachment C – Insurance Requirements
Attachment D – Lightbar Configuration (Patrol Vehicle)
2. OVERVIEW
Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County’s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement(s). Please note that the County requires NEW PRODUCT ONLY – No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.
3. PRICING
Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm’s normal business hours. Overtime will not be required. The bidder’s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.
The prices offered by bidders shall be exclusive of sales tax (applicable sales tax shall be added to the County’s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.
All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder’s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.
661
Attachment A
Bid No. 20000
4. AWARD
4.1. This bid shall be evaluated and awarded by an all-or-none basis. The bid evaluation will consider the total cost to install the Sheriff’s Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1.1 through 1.25 and a Ford Expedition for the Placer County Fire Department for items 1.26 through 1.38 for evaluation purposes. This cost will be determined by multiplying the firm’s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference (if applicable), prompt payment discounts, optional pick up/delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.
Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.
4.2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment (manufacturer or supplier is shown in parenthesis – no substitutions):
Light Bar System (Whelen/Cencom)
Headlight Flasher (Soundoff)
Siren Speaker and Bracket (Whelen)
Maplight (Little Lite)
Radio Mounting Console (Lehr)
Cage (Setina)
Gun Locks – 2 per vehicle (Santa Cruz)
Push Bumper (Setina)
All emergency equipment, dome light, and spotlight are require d to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.
4.3. Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.
5. DELIVERY REQUIREMENTS
5.1. Bidder’s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:
Placer County Sheriff’s Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603
Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
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Attachment A
Bid No. 20000
5.2. The successful bidder shall deliver regular orders within five (5) business days of order placement for the complete order (no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty-eight (48) hours of placing the order or items that are not available from the vendor’s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.
5.3. If the County’s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid’s General Terms and Conditions.
Continued non-compliance with the stated delivery times may be cause for cancellation of the resulting agreement.
6. PRICE LISTS
Placer County requests that the successful bidder provide pric e lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder’s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available (e.g. CD’s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder(s) state the manufacturer’s list price, the bidder’s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriff’s Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder’s/manufacturer’s published catalog/list prices that occur during the contract period.
7. INSURANCE REQUIREMENTS
The successful bidder shall be required to furnish a certificate of insurance within ten (10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.
8. SUBCONTRACTING
The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.
9. EQUIVALENT/ALTERNATE OFFERS
Due to the standardization of the County’s emergency response vehicle equipment including the County’s inventory of repair/replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
663
Attachment A
Bid No. 20000
10. SERVICE STANDARDS
The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O.S.H.A. and CAL. O.S.H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.
11. WORKMANSHIP
All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder’s employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder’s Manager and/or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf of the County. Such removal shall not be considered a basis for employee’s claim for compensation or damages against the County, or any of its officers or agents. 664
Attachment B
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SCOPE OF WORK
1.0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, “Code 3” emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.
2.0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.
3.0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder’s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.
4.0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder’s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.
5.0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder’s facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.
6.0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/possesses the vehicle.
7.0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County's acceptance of the work as being completed. Should any portion of the work to be done which, due to any cause, is not in accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of 665
Attachment B
Bid No. 20000
work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.
8.0 The successful bidder shall be held responsible for any breakage or loss of the County’s vehicles or equipment while performing service on the County’s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.
9.0 The successful bidder, at the County’s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department's emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on-site meetings at the County’s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County’s request.
666
Attachment C
Bid No. 20000
PLACER COUNTY INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONTRACTOR shall save, keep, hold harmless, defend, and in demnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR'S employees, o r a n y subcontractors.
The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
If any judgment is rendered against PLACER COUNTY for any inju ry, death, or damage caused by CONTRACTOR as a result of work performed or completed , pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.
As used above, the term PLACER COUNTY means PLACER COUNTY, its o f f i c e r s , agents, employees, and volunteers.
2. INSURANCE:
CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best's Rat ing of no less than A- :VII showing.
3. WORKER'S COMPENSATION AND E MPLOYERS LIABILITY INSURANCE:
Worker's Compensation Insurance shall be provided as required by a ny ap p lica b le law o r regulation. Employer's liability insurance shall be provided i n amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to PROVIDER'S employees unde r the U.S. Longshoremen's and Harbor Worker's Compensation A c t , t h e J o n e s A c t , o r u n d e r laws, regulations, or 667
Attachment C
Bid No. 20000
statutes applicable to maritime employees, coverage shall be in cluded for such injuries or claims.
Each Worker's Compensation po licy shall be endorsed with the following specific language:
Cancellation Notice - “This polic y shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogati on against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
CONTRACTOR shall require all SU BCONTRACTORS to maintain adequa te Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liab ility or Commercial General Liabi lity insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and prop erty damage liability for the l imits of liability indicated below and including coverage for:
(1) Products and completed operations;
(2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
(3) Broad form property damage (including completed operations)
Except with respect to bodily injury and property damage incl uded within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.
B. One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).
C. If CONTRACTOR carries a Com prehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
One million dollars ($1,000,000) each occurrence
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Attachment C
Bid No. 20000
Two million dollars ($2,000,000) aggregate
D. If CONTRACTOR carries a Com mercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) for Products Completed Operations Two million dollars ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that t h e G e n e r a l Aggregate Limit applies separately, or if defense costs are inc luded in the aggregate limits, then the required aggregate limits shall be t wo million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prio r written consent of COUNTY, whi ch consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1 ,000,000) aggregate fo r Products Complet ed Operations
Two million dollars ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONTRACTOR shall conta in language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold ha rmless provisions herein if the policy is a claims-made policy.
Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each Comprehensive or Commerc ial General Liability policy shal l be endorsed with the following specific language:
669
Attachment C
Bid No. 20000
A. "The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."
B. "The insurance provided by the Contractor, including any ex cess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."
C. “This policy shall not be cha nged without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation f or non-payment of premium to the County of Placer.”
6. AUTOMOBILE LIAB ILITY INSURANCE:
Automobile Liability insurance co vering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.
7. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONTRACTOR’s Obligations - CONTRACTOR’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
670
Attachment C
Bid No. 20000
Material Breach - Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
Certificate Holder –Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The C ertificate Holder on insurance certificates and related documents should read as follows:
County of Placer
c/o EXIGIS LLC
PO Box 4668 ECM #35050
New York, NY 10168-4668
Fax: 888-355-3599
Email: [email protected]
Upon initial award of a contract to your firm, Exigis will cont act you with further instructions for providing insur ance certificates which meet th e terms of the contract.
Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent dire ctly to Exigis via fax or email as indicated above.
***SOLE PROPRIETER LANGUAGE:
Workers’ Compensation
CONTRACTOR represents they have no employees and, therefore, not required to have Workers’ Compensation coverage.
CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers’ compensation or other programs afforded to COUNTY employees.
671
672
Terms & Conditions
INVITATION FOR BIDS
GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this Invitation for Bids ("bid") by reference and attachment to the Invitation for Bids document. Any contract award made as the result of this bid shall be governed by these General Terms and Conditions. By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to furnish to furnish the product(s) and/or service(s) pursuant to these conditions. In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.
WARNING: It is the bidder’s responsibility to monitor the County’s website for possible addenda to this bid to inform him/herself of the most current specifications, terms, and conditions (see also Section 4 below), and to submit his/her bid in accordance with the original bid requirements and all addenda. All available bids and related addenda can be found at: https://placer.bidsandtenders.net. Failure of bidder to obtain this information shall not relieve him/her of the requirements contained therein. Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/her bid.
1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid. Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.
2. SUBMISSION OF BIDS. Bids shall be submitted to the Procurement Services Division either online, by using the Placer County EBid System, or in hard-copy form (see below for instructions). All bids must be submitted prior to the date and time specified in this solicitation. Bids shall be submitted by an employee who is authorized to commit his/her firm or organization to the provisions of the bid. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder.
SUBMISSION OF HARD-COPY BIDS. Bidders who wish to submit bids in hard-copy form in lieu of using the Placer County EBid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8:00 am and 5:00 PM (Pacific), Monday through Friday (excluding County holidays). Hard-copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time. Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the EBid System or obtained from Procurement Services. Hard-copy bids must be signed by an authorized employee of the firm. The County shall not be responsible for bids delivered to a person/location other than that specified herein. Bids shall be in ink or typewritten and all changes and/or erasures shall be initialed and dated in ink. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.
WARNING: Late bids or unsigned bids shall not be accepted under any circumstances. Facsimile or telephone bids shall not be accepted.
3. AMENDMENTS TO THE BID. Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.
REQUESTS FOR CLARIFICATION/INFORMATION. Bidders are instructed to contact the Placer County Buyer/Contact Person(s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive. Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County’s standard bidding and evaluation practices may be grounds for disqualification of the bidder. Questions should be submitted using the Question tool on the Bids&Tenders site. Questions submitted within four (4) County working days of the bid opening date may not be answered.
4. NON-COLLUSION. The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.
5. CONFLICT OF INTEREST. Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.
6. AWARD. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder’s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award. The award analysis will also include consideration for Local Vendor Preference (per Section 18 below) and any prompt pay discounts offered by the bidder (per Section 19 below). The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly. The County may award bids by line item, category, or on an all-or-none basis.
7. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any bid submittals taking exception to this requirement may, at the County’s option, be considered non-responsive.
8. SAMPLES. Samples of items, when required, must be furnished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder’s expense. Samples of selected items may be retained for comparison.
9. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The bidder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent shall meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable. If bidder fails to name a substitute, goods identical to the bid standard must be furnished.
10. INSURANCE AND INDEMNIFICATION. The awarded bidder may be required to provide proof of liability, automobile, and/or workers compensation insurance. If required, the minimum coverage requirements will be identified in the bidding documents. All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten (10) days of the County’s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/or cancellation of the resulting contract or purchase order.
Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The awarded bidder ("Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of Placer County from liability for 673
damages or injuries to third persons or property arising from Contractor’s performance pursuant to the resulting contract or agreement.
11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The County reserves the right to acquire from other sources any products/services during any suspension of delivery.
12. TAXES. Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request. Placer County is not exempt from California State sales/use taxes. All applicable State sales/use taxes will be added to the purchase order.
13. DELIVERY. All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.
14. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents.
15. OPEN-END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities/bid ratio or discounts from manufacturer’s list price may be used for bid comparison. The County reserves the right to: issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding. No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to-year basis. Alternatively, the bid solicitation may set forth specific renewal terms. Bidder certifies that prices charged to the County for non-listed commodities or no-fixed price items are equal to or less than those charged the bidder’s most favored customer for comparable quantities under similar terms and conditions.
16. TERMINATION OF CONTRACT. In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.
Supplier Contracts may be terminated by the County without cause upon 30 calendar days’ written notice.
17. NON-APPROPRIATION. In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made.
18. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid (if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/or services provided. Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/or correct the service deficiency. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County. If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement.
19. LOCAL VENDOR PREFERENCE. A local preference credit of 5.0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project. Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement. Preference criteria and affidavit forms are available on our website at: https://www.placer.ca.gov/1408/Local- Vendor-Preference
20. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the County department specified on the resulting purchase order or contract. All invoices must include the purchase order or contract number. Failure to comply will result in delayed payments. The County will make payment on a Net 30-day basis unless a cash discount is allowed for payment within the time period specified by vendor. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. For the purposes of bid evaluation, the County will only consider discount periods of ten (10) days or more. LATE FEES: In accordance with Section 926.10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the “beginning date” or “day zero” as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.
21. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids. Lack of knowledge by any bidder about applicable law is not a defense.
22. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.
23. OTHER AGENCIES. The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies. Any contract resulting from this requirement shall be executed by the successful vendor and the other agency. Placer County will not be a party to “other agency” contracts.
24. PROTEST AND APPEAL PROCESS. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10.0 of the Placer County Purchasing Policy. The protest shall be submitted in writing to the Director of Administrative Services within seven (7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.
25. RECYCLED PRODUCT PREFERENCE. A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150 - 22154. In order to be granted this preference bidder shall provide statements and/or documentation as supporting evidence that the product(s) meets the definition.
26. PATENT INFRINGEMENT. Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.
27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/proposal. In accordance with Section 3.12(g) of the Placer County Purchasing Policy Manual and paragraph 8.e. of this document, the County may use information regarding a bidder’s financial responsibility when making an award determination.
The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non-responsible and/or non-responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.
674
By submitting a bid/proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
- - End of General Terms and Conditions - -
07/25/2019
I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company. - Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
675
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631 North Market Street Suite N, Sacramento Ca 95834 Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to $115.00 per hour Effective:
October 1, 2022
October 1, 2022
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $105.00 per hour to $115.00 per hour. We understand that this is almost a 10% increase from the previous year.
Lehr provides specialized labor for the fabrication of first responder vehicles.
Historically we have only taken two labor increases in 15 years. Wages have increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the best emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Sacramento, CA 95834
Cell 916.267.5547
Fax: 916.646.6656
[email protected]
677
678
Item No.
Description
Manufacturer
Name
Quantity
Unit Price
Total Price
MISC
GETAC MOUNT, MODEM & ANTENNA, LABOR TO INSTALL
Service Items
35 5,000.00
175,000.00
192,062.50
17062.50
175,000.00
Total:
Total Sales Tax:
Subtotal:
0.00 175000.00
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Customer ID
Ship Via
To:
Sell
39460
Mary Pagliero
57750
Phone:
Richmond, CA 94801
#6 13th Street
Attn: Dee Karnes
City of Richmond - Corp Yard
Installation at Lehr
Phone: 510-620-6735
450 Civic Center Plaza
Attn: Finance Department - Vendor # 7446
Wanda Mason - Lewis
City of Richmond
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
5/17/2023
1 Tax Ident. Type
Legal Entity
Vehicle Information:
Terms:
Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 679
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.
680
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
681
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/42 /43 /44/45/45/46/47 /48 /i255 /50 /51 /52 /53 /i255 /54 /55 /56 /i255 /57 /46 /58 /59 /i255 Aaron Osorio
682
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
MISC GETAC MOUNT, MODEM & ANTENNA, LABOR TO INSTALL Service Items 35 5,000.00 175,000.00 192,062.50
17062.50
175,000.00
Total:
Total Sales Tax:
Subtotal:
0.00 175000.00
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Customer IDShip Via
To:
Sell
39460
Mary Pagliero
57750
Phone:
Richmond, CA 94801
#6 13th Street
Attn: Dee Karnes
City of Richmond - Corp Yard
Installation at Lehr
Phone: 510-620-6735
450 Civic Center Plaza
Attn: Finance Department - Vendor # 7446
Wanda Mason - Lewis
City of Richmond
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
5/17/2023
1 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Exhibit A-1
683
Fire Apparatus List
Page1
Type 1 Engines
Station 61
#512
2008 Spartan Gladiator – HiTech
1193440
Station 62 #519 2020 Spartan Gladiator – HiTech 1611986 Station 63 #518 2012 Spartan Metro Star – HiTech 1387512 Station 64 #521 2020 Spartan Gladiator – HiTech 1611987 Station 66
Station 67
Station 68
Spare
#522
#520
#527
#515
2020 Spartan Gladiator – HiTech
2019 Spartan Gladiator – HiTech
2019 Spartan Gladiator – HiTech
2008 Spartan Gladiator – HiTech
1611988
1587858
1587938
1193441
Spare #514 2008 Spartan Gladiator – HiTech 1193442
Spare #517 2008 Spartan Gladiator – HiTech 1193443
Type 6 Engines
Station 62 #469 2001 Chevrolet 3500 1081831
Station 63
Station 66
#462
#468
2009 Ford F450 ‐ HiTech
2001 Chevrolet 3500
1193438
1081824
Station 68
#463 2009 Ford F450 ‐ HiTech
1193437
Exhibit A‐1
684
Fire Apparatus List
Page2
Ladder Trucks
Station 64
#513
2008 Spartan Gladiator/LTI Aerial‐
1193423
Station 68
#525
American La France
2001 Spartan Gladiator/LTI Aerial‐
1143402
Spare
#523
American La France
2001 Spartan Gladiator/LTI Aerial‐
1090978
American La France
New Tiller Truck Tiller Truck 64
New Tiller Truck Tiller Truck 68
Specialized Apparatus
Station 61
#530
2004 Spartan Metro Star – SVI
1173353
Station 61
#5548
Breathing Support‐BS61
2013 Moose Vessel M2‐37
Fire Boat Victory
CF5548XC
Station 64
Station 67
Station 68
#529
#533
#531
2005 Spartan Metro Star – SVI
Haz Mat‐HM64
2015 Spartan Metro Star – EVI
Rescue‐R67
1999 Navistar Rescue‐R67
1195343
XXXXXXX
1035643
Spare #532 1999 Navistar Rescue 1035642
Exhibit A‐1
685
Fire Apparatus List
Page3
Support Vehicles
Fire Chief (6100) #5459 2021 Ford Explorer 1613730
Deputy Chief (6101) #5452 2021 Ford Explorer 1 613732 BC 64 (Shared) #1456 2015 Ford Explorer 1470101
Training BC (6120) #1451 2015 Ford Explorer 1470102
Spare BC #474 2011 Ford F‐250 1358826
Fire Marshall Govan #5458 2021 Ford Explorer 1613729 Deputy Fire Marshall Munson #449 2015 Chevrolet Tahoe 1470014 Fire Inspector #447 2015 Chevrolet Tahoe 1470015
Fire Inspector #446 2015 Chevrolet Tahoe 1470016
Fire Inspector #446 2015 Chevrolet Tahoe 1470016
Exhibit A‐1
686
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 687
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
688
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 689
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 690
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 691
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 692
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
693
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 694
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 695
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 696
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 697
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
698
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 699
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.
700
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. 701
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):
702
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.
703
704
MultiCover
-C G7 15 80 11 4
Policy Amendment(s) Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form is
revised as follows:
1. Broadened Named Insured
A. SECTION II - WHO IS AN INSURED,
item 3., is deleted and replaced by the follow-
ing:
3. Any organization that you own at the
inception of this policy, or newly acquire
or form during the policy period, and
over which you maintain during the pol-
icy period majority ownership or major-
ity interest, will qualify as a Named
Insured if:
a. There is no other similar insurance
available to that organization; and
b. The first Named Insured shown in
the Declarations has the responsi-
bility of placing insurance for that
organization; and
c. That organization is incorporated or
organized under the laws of the
United States of America.
However:
(1) Coverage under this provision 3 is
afforded only until the next occur-
ring annual anniversary of the be-
ginning of the policy period shown
in the Declarations, or the end of the
policy period, whichever is earlier;
and
(2) Coverage A does not apply to
bodily
injury or property damage that
occurred before you acquired or
formed the organization; and
(3) Coverage B does not apply to
per-
sonal and advertising injury arising
out of an offense committed before
you acquired or formed the organ-
ization.
B. SECTION II - WHO IS AN INSURED, the
last paragraph, is deleted and replaced by the
following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture, or limited liability
company that is not shown as a Named In-
sured in the Declarations. However, this does
not apply to a limited liability company that
meets all of the conditions in Section II -
Who Is An Insured, item 3., above.
2. Additional Insured
If an Additional Insured endorsement is attached
to this policy that specifically names a person or
organization as an additional insured, then this
Section 2. Additional Insured does not apply to
such person or organization.
SECTION II - WHO IS AN INSURED, sub-
section 2.e., is added as follows:
e. Any person or organization is included as an
additional insured, but only to the extent such
person or organization is legally obligated to
pay for
bodily injury , property damage or
personal and advertising injury caused by your
acts or omissions. With respect to the insur-
ance afforded to such additional insured, all
of the following additional provisions apply:
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman’s Fund Insurance Companies
as named in the policy
Secretary President
CG7158 1-14
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Includes copyrighted material of Insurance Services Office, Inc., with
705
(1) You have agreed in a written insured
contract that such person or organization
be added as an additional insured under
this policy;
(2) The bodily injury , property damage or
personal and advertising injury for which
said person or organization is legally ob-
ligated to pay occurs subsequent to the
execution of such
insured contract ;
(3) The most we will pay is the lesser of
either the amount of insurance available
under the applicable Limits of Insurance
shown in the Declarations or the limits
of insurance required by the
insured
contract;
(4) The insurance afforded to such additional
insured only applies to the extent per-
mitted by law;
(5) Such person or organization is an addi-
tional insured only with respect to:
(a) Their ownership, maintenance, or
use of that part of the premises, or
land, owned by, rented to, or leased
to you, except such person or or-
ganization is not an insured with re-
spect to structural alterations, new
construction or demolition oper-
ations performed by or on behalf of
such person or organization;
(b) Your ongoing operations performed
for that insured;
(c) Their financial control of you, ex-
cept such person or organization is
not an insured with respect to struc-
tural alterations, new construction
or demolition operations performed
by or on behalf of such person or
organization;
(d) The maintenance, operation or use
by you of equipment leased to you
by such person or organization;
(e) Operations performed by you or on
your behalf and for which a state or
political subdivision has issued a
permit, provided such operations are
not performed for such state or
political subdivision, and are not in-
cluded within the
products-completed
operations hazard; or
(f) Their liability as a grantor of a fran-
chise to you.
(6) This insurance does not apply to bodily
injury, property damage , personal and
advertising injury, occurrence or offense:
(a) Which takes place at a particular
premises after you cease to be a
tenant of that premises;
(b) Which takes place after all work, in-
cluding materials, parts or equip-
ment furnished in connection with
such work to be performed by or on
behalf of the additional insured at
the site of the covered operations,
has been completed;
(c) Which takes place after that portion
of
your work out of which the injury
or damage arises has been put to its
intended use by any other person or
organization other than another
contractor or subcontractor engaged
in performing operations for a prin-
cipal as part of the same project; or
(d) Which takes place after the expira-
tion of any equipment lease to
which (4)(d) above applies;
(7) With respect to architects, engineers or
surveyors, coverage does not apply to
bodily injury , property damage or per-
sonal and advertising injury arising out
of the rendering or failure to render any
professional services by or for you, in-
cluding:
(a) The preparing, approving, or failing
to prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, or draw-
ings and specifications; or
(b) Supervisory, inspection, architec-
tural, or engineering services.
These exclusions apply even if the claims
against any insured allege negligence or
CG7158 1-14
Copyright 2013, Fireman’s Fund Insurance Company, Novato, CA. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
706
other wrongdoing in the supervision,
hiring, employment, training or moni-
toring of others by that insured, if the
occurrence which caused the bodily
injury or property damage , or the offense
which caused the personal or advertising
injury involved the rendering of or the
failure to render any professional services
by or for you.
3. Additional Insured - Vendors
If an Additional Insured Vendors endorsement is
attached to this policy that specifically names a
person or organization as an additional insured,
then this Section 3. Additional Insured - Vendors
does not apply to that person or organization.
Unless the
products-completed operations hazard
is excluded from this policy, SECTION II - WHO
IS AN INSURED, item 2.f. is added as follows:
f. Any vendor of yours is included as an addi-
tional insured, but only with respect to bodily
injury or property damage caused by your
products which are distributed or sold in the
regular course of the vendor’s business, sub-
ject to the following additional exclusions:
(1) The insurance afforded such vendor does
not apply to:
(a)
Bodily injury or property damage for
which the vendor is obligated to pay
damages by reason of the assump-
tion of liability in a contract or
agreement. This exclusion does not
apply to liability for damages that
the vendor would have in the ab-
sence of the contract or agreement;
(b) Any express warranty unauthorized
by you;
(c) Any physical or chemical change in
the product made intentionally by
the vendor;
(d) Repackaging, unless unpacked solely
for the purpose of inspection, dem-
onstration, testing, or the substi-
tution of parts under instructions
from the manufacturer, and then re-
packaged in the original container;
(e) Any failure to make such in-
spections, adjustments, tests or ser-
vicing as the vendor has agreed to
make or normally undertakes to
make in the usual course of busi-
ness, in connection with the distrib-
ution or sale of the products;
(f) Demonstration, installation, servic-
ing or repair operations, except such
operations performed by the vendor
in full compliance with the man-
ufacturer’s written instructions at the
vendor’s premises in connection
with the sale of the product;
(g) Products which, after distribution
or sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
(h)
Bodily injury or property damage
arising out of the liability of the
vendor for its own acts or omissions
or those of its employees or anyone
else acting on its behalf.
(2) This insurance does not apply to any in-
sured person or organization from whom
you have acquired such products or any
ingredient, part or container, entering
into, accompanying or containing such
products;
(3) The most we will pay is the lesser of ei-
ther the amount of insurance available
under the applicable Limits of Insurance
shown in the Declarations or the limits
of insurance required by the contract or
agreement; and
(4) The insurance afforded to such vendor
only applies to the extent permitted by
law.
4. Additional Insured - Limited Primary and Non-
contributory Provision
The following is added as a second paragraph to
Section IV Conditions, Condition 4. Other Insur-
ance, following paragraph b.(2):
However, if you have added any person, organiza-
tion or vendor of yours as an additional insured to
CG7158 1-14
Copyright 2013, Fireman’s Fund Insurance Company, Novato, CA. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
707
this policy by way of this MultiCover
endorse-
ment and have agreed in a written insured contract
that this insurance is primary and non-contribu-
tory with other insurance available to that addi-
tional insured, this insurance is primary and we
will not seek contribution from such additional
insured’s other insurance, provided that the addi-
tional insured is a Named Insured under such
other insurance.
5. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, item 8., is deleted
and replaced by the following:
8. Transfer of Rights of Recovery Against Oth-
ers to Us and Blanket Waiver of Subrogation
a. If the insured has rights to recover all or
part of any payment we have made under
this Coverage Part, those rights are
transferred to us. The insured must do
nothing after the loss to impair those
rights. At our request, the insured will
bring
suit or transfer those rights to us
and help us enforce them.
b. If required by a written insured contract
executed prior to the occurrence or of-
fense, we waive any right of recovery we
may have against any person or organ-
ization named in such
insured contract ,
because of payments we make for injury
or damage arising out of your operations
or
your work for that person or organ-
ization.
6. Cancellation - 90 Days
Common Policy Conditions endorsement IL0017,
A. Cancellation, item 2.b. is deleted and replaced
by the following:
b. 90 days before the effective date of cancella-
tion if we cancel for any other reason.
7. Liberalization
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS , the following is ad-
ded as an additional Condition:
Liberalization
If we adopt a change in our forms or rules which
would broaden the coverage provided by any form
that is a part of this policy without an extra
premium charge, the broader coverage will apply
to this policy. This extension is effective upon the
approval of such broader coverage in your state.
8. Fire, Explosion, Sprinkler Leakage, or Lightning
Legal Liability Coverage
A. SECTION I - COVERAGES, COVERAGE
A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, 2. Exclusions, the
last paragraph, is deleted and replaced by the
following:
Exclusions c. through n. do not apply to
damage by fire, explosion, sprinkler leakage,
or lightning to premises while:
1. Rented to you;
2. Temporarily occupied by you with the
permission of the owner; or
3. Managed by you under a written agree-
ment with the owner.
A separate limit of insurance applies to this
coverage as described in Section III - LIMITS
OF INSURANCE.
B. SECTION III - LIMITS OF INSURANCE,
item 6., is deleted and replaced by the follow-
ing:
6. Subject to 5. above, the Damage to
Premises Rented To You Limit shown
in the Declarations, for
property damage
to any one premises while rented to you,
or in the case of damage by fire, explo-
sion, sprinkler leakage, or lightning while
rented to you, temporarily occupied by
you with the permission of the owner,
or managed by you under a written
agreement with the owner, is the greater
of:
a. $1,000,000 Any One Premises; or
b. The Damage To Premises Rented
To You Limit shown in the Decla-
rations.
CG7158 1-14
Copyright 2013, Fireman’s Fund Insurance Company, Novato, CA. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
708
C. SECTION IV - COMMERCIAL GEN-
ERAL LIABILITY CONDITIONS, 4.
Other Insurance, b. Excess Insurance, (1)(a),
items (i) and (iii), are deleted and replaced by
the following:
(i) That is Fire, Explosion, Sprinkler Leak-
age, or Lightning insurance for premises
while rented to you, temporarily occu-
pied by you with permission of the
owner, or managed by you under a writ-
ten agreement with the owner;
(iii) That is insurance purchased by you to
cover your liability as a tenant for
property damage to premises rented to
you, temporarily occupied by you with
the permission of the owner, or managed
by you under a written agreement with
the owner; or
D. SECTION V - DEFINITIONS, 9.
Insured
Contract , item a., is deleted and replaced by
the following:
(a) A contract for a lease of premises.
However, that portion of the contract for
a lease of premises that indemnifies any
person or organization for damage by
fire, explosion, sprinkler leakage, or
lightning to premises while rented to you,
temporarily occupied by you with per-
mission of the owner, or managed by you
under a written agreement with the
owner, is not an
insured contract ;
9. Damage to Invitees’ Automobiles from Falling
Trees or Tree Limbs - Limited Coverage
This coverage applies to direct physical damage to
automobiles owned by invitees subject to all of the
following:
1. Provided such damage originates from trees
on premises owned, managed, leased or rented
by an insured;
2. Coverage applies only to invitees of an in-
sured or an insured’s tenant;
3. Such damage is directly caused by wind-dri-
ven falling trees or tree limbs;
4. The most we will pay for any one loss is the
lowest of:
a. the actual cash value of the damaged au-
tomobile as of the time of the loss; or
b. the cost of repairing the damaged auto-
mobile; or
c. the cost of replacing the damaged auto-
mobile with another automobile of like
kind and quality.
Regardless of the number of occurrences,
losses or claims, this coverage is subject to a
limit of $25,000 in any one policy period;
5. This coverage is not subject to the General
Liability General Aggregate Limit; and
6. We will make payments under this coverage
without regard to fault.
10. Non-Owned or Chartered Watercraft
SECTION I - COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAM-
AGE LIABILITY, 2. Exclusions, item g. Aircraft,
Auto, or Watercraft, item (2), is deleted and re-
placed by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used for public transportation
or as a common carrier;
11. Chartered Aircraft
SECTION I - COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAM-
AGE LIABILITY, 2. Exclusions, g. Aircraft,
Auto Or Watercraft, item (6), is added as follows:
(6) An aircraft in which you have no ownership
interest and that you have chartered with
crew.
12. Coverage Territory - Broadened
SECTION V - DEFINITIONS, item 4.a., is de-
leted and replaced by the following:
a. The United States of America (including its
territories and possessions), Puerto Rico,
Canada, Bermuda, the Bahamas, The Cayman
Islands, and the British Virgin Islands;
CG7158 1-14
Copyright 2013, Fireman’s Fund Insurance Company, Novato, CA. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
709
13. Personal and Advertising Injury - Contractual
Unless personal and advertising injury is excluded
from this policy the following applies:
SECTION I - COVERAGES, COVERAGE B,
2. Exclusions, item e., is deleted.
14. Fellow Employee Coverage
SECTION II - WHO IS AN INSURED, 2.a.,
item (1) is deleted and replaced by the following:
(1)
Personal and advertising injury:
However, subsections (a), (b), (c) and (d) of item
(1) remain unchanged.
15. Bodily Injury Definition - Broadened
SECTION V - DEFINITIONS, 3. Bodily Injury
is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or dis-
ease sustained by a person including death or
mental anguish resulting from any of these at any
time. Mental anguish means any type of mental
or emotional illness or disease.
16. Expected or Intended Injury - Amendment to Ex-
clusion
SECTION I. Coverage A Bodily Injury and Pro-
perty Damage Liability, 2. EXCLUSIONS, a. Ex-
pected or Intended Injury, is deleted and replaced
by the following:
a. Expected or Intended Injury
Bodily injury or property damage expected or
intended from the standpoint of the insured.
This exclusion does not apply to
bodily injury
or property damage resulting from the use of
reasonable force to protect persons or prop-
erty.
17. Unintentional Failure to Disclose Hazards
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, item 6. Representa-
tions, the following is added:
d. If you unintentionally fail to disclose any ha-
zards existing at the inception date of this
policy, we will not deny coverage under this
Coverage Form because of such failure.
However, this provision does not affect our
right to collect additional premium or exercise
our right of cancellation or non-renewal.
18. Supplementary Payments - Increased Limits
SECTION I - COVERAGES, SUPPLEMEN-
TARY PAYMENTS - COVERAGES A AND
B, items 1.b. and 1.d., are deleted and replaced by
the following:
b. The cost of bail bonds required because of
accidents or traffic law violations arising out
of the use of any vehicle to which the Bodily
Injury Liability Coverage applies. We do not
have to furnish these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the inves-
tigation or defense of the claim or
suit,
including substantiated loss of earnings up to
$500 a day because of time off from work.
19. Duties in the Event of an Occurrence, Offense,
Claim or Suit - Amended
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, item 2.a. is deleted
and replaced by the following:
(1) You must see to it that we or any licensed
agent of ours are notified of a General
Liability
occurrence or offense which may re-
sult in a claim as soon as practicable after it
becomes known to:
(a) You, if you are an individual;
(b) Your partner or member, if you are a
partnership or joint venture;
(c) Your member, if you are a limited liabil-
ity company;
(d) Your executive officer if you are an or-
ganization other than a partnership, joint
venture or limited liability company; or
(e) Your authorized representative or insur-
ance manager.
Knowledge of an
occurrence or offense by
persons other than those listed above does not
imply that those listed above also have such
knowledge.
CG7158 1-14
Copyright 2013, Fireman’s Fund Insurance Company, Novato, CA. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
710
(2) To the extent possible, notice should include:
(a) How, when and where the occurrence or
offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the occurrence or
offense.
20. Non Employment Discrimination Liability
Unless personal and advertising injury is excluded
from this policy the following applies:
A. SECTION V - DEFINITIONS, 14. Personal
and advertising injury , item h. is added as fol-
lows:
h. Discrimination .
B. SECTION V - DEFINITIONS, item 23. is
added as follows:
23. Discrimination means the unlawful treat-
ment of a person or class of persons be-
cause of their specific race, color, religion,
gender, age, or national origin in com-
parison to one or more persons who are
not members of the specified class.
C. SECTION I - COVERAGES, COVERAGE
B PERSONAL AND ADVERTISING
INJURY LIABILITY, 2. Exclusions, the
following are added:
q.
Discrimination directly or indirectly re-
lated to the past employment, employ-
ment or prospective employment of any
person or class of persons by any insured;
r.
Discrimination directly or indirectly re-
lated to the sale, rental, lease or sublease
or prospective sale, rental, lease or sub-
lease of any dwelling or permanent lodg-
ing by or at the direction of any insured;
s.
Discrimination , if insurance thereof is
prohibited by law; or
t. Fines, penalties, specific performance, or
injunctions levied or imposed by a gov-
ernmental entity, governmental code,
law, or statute because of
discrimination.
21. Medical Payments
Unless COVERAGE C MEDICAL PAY-
MENTS, or the
products-completed operations
hazard has been excluded from this policy the fol-
lowing applies:
A. SECTION I - COVERAGES, COVERAGE
C MEDICAL PAYMENTS, 2. Exclusions,
item f., is deleted and replaced by the follow-
ing:
f.
Products-Completed Operations Hazard
Included within the products-completed
operations hazard . However, this exclu-
sion does not apply to expenses for den-
tal services.
B. Section I - COVERAGES, COVERAGE C
MEDICAL PAYMENTS, is amended to in-
clude item 3. as follows:
3. Limit of Insurance
The Medical Expense Limit of Insurance
shall be the greater of:
a. $20,000 Any One Person; or
b. The amount shown in the Declara-
tions.
All other terms and conditions of the policy apply.
CG7158 1-14
Copyright 2013, Fireman’s Fund Insurance Company, Novato, CA. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
711
QUOTE
Date
8/30/2023
Quote #
083023CR1
Customer Information
City of Richmond
Accounts Payable
PO Box 4046
Richmond, CA 94804-0046
Attn:Den Mark Marcelo
Terms
Net 30
Project Delivery Date
10/11/2023
Rep
LHT
Phone #
We Appreciate & Value Your Business!!!
Customer E-mail
[email protected]
Certified SBE #19486, DBE #40914, OCTA# 39991,
CUCP#35922, MBE & WBE, LACounty #128985
LSBE/PPE# 088381, POLB # 250398, METRO# 7881
FEIN# 20-2777132
Delivery Lead time 4-6 weeks (unless otherwise noted) from date of purchase unliess otherwise noted.
Prices are good for 30 days and may be subject to change without notice **Some Options & Upgrade costs applicable to time of original purchase only NET 30 Terms for Govt Orders. Due to highly discounted prices quoted, there will be a 3% processing fee for any orders placed with a credit card.
Prepaid Company check or bank wire transfer with PO or Net30 OAC. VISA, M/C, American Express Cards Accepted All International Orders -Prepaid Wire Transfer ($30 Wire Fee Applies) All California purchases require $4 LCD Disposal Fee per unit & applicable sales taxes All Customs Fee, Duties & Taxes & shipping costs are the responsibility of purchaser Please check specifications carefully! Due to Customization -All Sales are final! Send Orders to: [email protected] Mailing:
6765 Westminster Bl. #314
Westminster, CA 92683
www.DuraTechUSA.com
714-898-2171
TOTAL
Item Description Qty Cost Total
SOURCEWELL ... SOURCEWELL CONTRACT#
090122-GET
1 0.00 0.00T
VSE15PJAB4BB V110G7 - i7-1255U, Webcam, W
11+8GB RAM, 256GB PCIe SSD,
Sunlight Readable FHD
LCD+Touchscreen+Stylus, Membrane
Backlit KBD, WIFI+BT+4G
LTE+Dedicated GPS+Passthrough, Hard
Handle, USB Type-A x2+USB
Type-C+Smart Card Reader+HF RFID, 3
Year B2B Warranty
35 3,227.90 112,976.50T
GE-SVTBNFX5Y Getac 4th & 5th Year Bumper to Bumper
Warranty (A, V & F Series Rugged
Tablets)
35 539.10 18,868.50
CA LCD Dispos... CALIFORNIA LCD DISPOSAL FEE 35 4.00 140.00 Shipping NOTE: DIRECT SIGNATURE
REQUIRED ON ALL ORDERS
1 0.00 0.00
4-6 Weeks ARO 4-6 Weeks After Receipt of Order 0.00 0.00T
9.75 Sales Tax 9.75% 11,015.21
$143,000.21
712
QUOTE
Date
8/30/2023
Quote #
083023CR2
Customer Information
City of Richmond
Accounts Payable
PO Box 4046
Richmond, CA 94804-0046
Attn:Den Mark Marcelo
Terms
Net 30
Project Delivery Date
9/29/2023
Rep
LHT
Phone #
We Appreciate & Value Your Business!!!
Customer E-mail
[email protected]
Certified SBE #19486, DBE #40914, OCTA# 39991,
CUCP#35922, MBE & WBE, LACounty #128985
LSBE/PPE# 088381, POLB # 250398, METRO# 7881
FEIN# 20-2777132
Delivery Lead time 4-6 weeks (unless otherwise noted) from date of purchase unliess otherwise noted.
Prices are good for 30 days and may be subject to change without notice **Some Options & Upgrade costs applicable to time of original purchase only NET 30 Terms for Govt Orders. Due to highly discounted prices quoted, there will be a 3% processing fee for any orders placed with a credit card.
Prepaid Company check or bank wire transfer with PO or Net30 OAC. VISA, M/C, American Express Cards Accepted All International Orders -Prepaid Wire Transfer ($30 Wire Fee Applies) All California purchases require $4 LCD Disposal Fee per unit & applicable sales taxes All Customs Fee, Duties & Taxes & shipping costs are the responsibility of purchaser Please check specifications carefully! Due to Customization -All Sales are final! Send Orders to: [email protected] Mailing:
6765 Westminster Bl. #314
Westminster, CA 92683
www.DuraTechUSA.com
714-898-2171
TOTAL
Item Description Qty Cost Total
SOURCEWELL ... SOURCEWELL CONTRACT#
090122-GET
1 0.00 0.00T
GDVPG2 GETAC : Gamber Johnson Tri
PassThrough Vehicle Dock & Replication
with screen stiffener (DC power adapter
sold separately)
35 674.03 23,591.05T
GAD1L1 LIND 11-16V DC vehicle adapter/charger
with Bare Wires
35 112.50 3,937.50T
Shipping NOTE: DIRECT SIGNATURE
REQUIRED ON ALL ORDERS
1 0.00 0.00
4-6 Weeks ARO 4-6 Weeks After Receipt of Order 1 0.00 0.00T
9.75 Sales Tax 9.75% 2,684.03
$30,212.58
713
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AMENDING THE FIRE DEPARTMENT BUDGET TO ALLOCATE FUNDS FOR
THE PURCHASE, INSTALLATION AND MAINTENANCE OF DISPATCH
SOFTWARE AND EQUIPMENT
WHEREAS, the Richmond Fire Department requires an upgrade to its fire dispatch system in order to ensure its equipment is in conformance with industry standards; and
WHEREAS, upgrading the Fire Department’s dispatch equipment will benefit the community by improving response times; and
WHEREAS, the purchase and installation of upgraded dispatch technologies will assist the Fire Department in developing enhanced performance metrics which will further its ongoing mission for continuous quality improvement; and
WHEREAS, contracting with Mark 43 for the dispatch technology upgrade is necessary and prudent because the City, through its Police Department already has long term contracts with the vendor; and
WHEREAS, the sole sourcing of this Contract to Mark 43 will ensure the more effective delivery of emergency services by allowing better integration of Fire Department and Police Department dispatch functions; and
WHEREAS, Stommel Inc. dba Lehr has the capability of installing the equipment and the cost of its services have already gone through a competitive public procurement process; and
WHEREAS, the City of Richmond will amend the Fire Department’s budget for Fiscal Year 2023-24 and appropriate in an amount not to exceed $438,862.50 to purchase, install, and maintain the fire dispatch system upgrades.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond:
1. The City of Richmond shall appropriate $438,862.50 to the Fire Department’s budget for Fiscal Year 2023-24.
2. The funds appropriated are hereby allocated towards program expenditures, under Fund 01204022-400209; 01204022-400501; 01204022-400341.
*****************************
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 September 12, 2023 by the following vote:
714
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
715
September 12, 2023
Library and Community Services
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager,
Community Services
Sam Vaughn, Deputy Director of Community Services -
Office of Neighborhood Safety
Subject:
Grant Award from the East Bay Community Foundation
FINANCIAL IMPACT: The receipt of this grant will provide $30,000 to the Office of Neighborhood Safety to provide general and
emergency support services and opportunities for the
ONS Operation Peacemaker Fellowship.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Office of Neighborhood Safety (ONS) staff is requesting acceptance and appropriation of the grant award from the East Bay Community Foundation (EBCF) in the amount
of $30,000 to provide general and emergency support for the ONS Operation Peacemaker Fellowship supported by
ONS street outreach efforts.
RECOMMENDED ACTION:
ADOPT a resolution to ACCEPT and APPROPRIATE a
$30,000 grant award from the East Bay Community
Foundation for the Office of Neighborhood Safety (ONS)
Operation Peacemaker Fellowship program - Community
Services Department (Sam Vaughn 510-620-5404).
AGENDA
REPORT
716
September 12, 2023
DISCUSSION:
The Office of Neighborhood Safety (ONS) has been given a grant award in the amount of $30,000 from the East Bay Community Foundation (EBCF) to provide general operating support for the ONS and its Operation Peacemaker Fellowship program. The funds will be used to provide supportive services opportunities and emergency services for Richmond youth most likely to be affected and/or confronted by gun violence. These funds are unconditional and unrestricted, and do not have a time limit for expenditure.
DOCUMENTS ATTACHED:
Attachment 1 – EBCF Grant Award Letter
Attachment 2 - Resolution
717
718
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, ACCEPTING AND APPROPRIATING THE GRANT AWARD
PROVIDED BY THE ANONYMOUS FUND OF THE EAST BAY COMMUNITY FOUNDATION IN THE AMOUNT OF $30,000
WHEREAS, the City of Richmond’s Office of Neighborhood Safety (ONS) desires to receive grant funds provided by the anonymous fund of the East Bay Community Foundation.
WHEREAS, the City of Richmond's Office of Neighborhood Safety will provide violence intervention, prevention, and suppression activities services through the anonymous fund of the East Bay Community Foundation grant in an effort to reduce violence through evidence-based programs and activities.
NOW, THEREFORE , BE IT RESOLVED that the City Council accepts and appropriates the grant award from the East Bay Community Foundation in the amount of $ 30,000 with unrestricted time limits of expenditure to provide general and emergency support for the ONS Operation Peacemaker Fellowship supported by ONS street outreach efforts.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
BE IT FURTHER RESOLVED that the City of Richmond's Office of Neighborhood Safety agrees to all terms required by the East Bay Community Foundation to fulfill the obligations of this grant award.
719
**********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held__________, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
_______________________
City Attorney
State of California }
County of Contra Costa
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 _____________,
2023.
720
September 12, 2023
Library and Community Services
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment & Training
Fred Lucero, Program Manager
Subject:
First Contract Amendment with Universal Safety & CPR
Solutions to provide training and certifications for
RichmondBUILD and YouthBUILD participants
FINANCIAL IMPACT: The proposed expenditure of $126,000 will not affect the general fund. The funds will come from the awarded
YouthBUILD Grant (12571141-400538-27G02).
PREVIOUS COUNCIL
ACTION:
April 2023
STATEMENT OF THE
ISSUE:
Employment and Training staff are seeking approval of a a first amendment to the contract with Universal Safety & CPR Solutions to provide training and certifications under grants provided by YouthBuild and the Environmental
Protection Agency.
RECOMMENDED ACTION:
APPROVE a first amendment to the contract with
Universal Safety & CPR Solutions increasing the contract by $126,000, for a total not-to-exceed contract amount of $157,000, and extending the term from June 30, 2025, to March 30, 2028, to provide various trainings and
certifications as outlined in the Environmental Protection Agency 500 grant at the RichmondBUILD facility –
Community Services Department (Tamara Walker 510-
307-8006/Fred Lucero 510-621-1562).
AGENDA
REPORT
721
September 12, 2023
DISCUSSION:
In May 2022, the Employment and Training Division of the Community Services Department was awarded $1,199,000 through a competitive grant from the Department of Labor, YouthBUILD. Universal Safety & CPR Solutions will teach OSHA 30 and Mental Toughness at the RichmondBUILD facility. The purpose of the contract is to fulfill OSHA 30 and Mental Toughness classes outlined in the grant. All participants of the grant will be enrolled in the Richmond YouthBUILD program.
In May 2023, the Employment & Training Division was awarded $500,000 through a competitive grant from the Environmental Protection Agency. Only 25 grants were awarded across the country and RichmondBUILD was a recipient. Universal Safety & CPR Solutions will teach OSHA 10, Lead/Asbestos Abatement, HAZ 40, First Aide/CPR, and Traffic Control at the RichmondBUILD facility. The purpose of the contract is to full fill certification classes outlined in the EPA grant. All participants of the grant will be enrolled in the RichmondBUILD program,
Universal Safety & CPR Solutions has been providing training and certification classes for the City as required by both grants. After evaluation, Employment and Training is satisfied with the vendor’s performance and now wishes to extend the term of this grant- funded contract to be five years. If approved, the term will be extended to March 30, 2028, with the grant-funded contract limit increasing by $126,000.
DOCUMENTS ATTACHED:
Attachment 1 – Amended Contract – Universal Safety
Attachment 2 – Ratified Contract
722
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Employment and Training Division
Fred Lucero
[email protected]
(510) 621-1562
15647
22129/6494
Universal Safety & CPR Solutions will provide OSHA 30 and Mental Toughness certifications to Richmond YouthBUILD participants as outlined in the YOuthBUILD grant. All instruction will be held at RichmondBULD, 360 South 27th, Richmond, CA. 1 Universal Safety and CPR
3737 Rutherford Ct
Inglewood, CA 90305
Dr. Regina Hollins
(610) 602-7371
[email protected]
4006-2870
December 31, 2023
✔
March 7, 2023
July 1, 2022
June 30, 2025
31,000.00
723
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Universal Safety and CPR
724
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
22129/6494
1 Universal Safety and CPR
July 1, 2022
March 30, 2028
126,000.00
157,000.00
Contractor shall provide shall provide Menatal Toughness courses and OSHA 30 training courses at RichmondBUILD 360 South 27th Street, Richmond, CA. These courses shall be tought to YouthBUILD participants as outlined in the grant.
Contractor shall issue certificates and cards upon completeion of courses.
Contracor shall provide Lead/Asbestos Abatement, Traffic Control, HAZ 40, OSHA 10, First Aid/CPR training courses at RichmondBUILD 360 South 27th Street, Richmond, CA. These courses shall be taught to students enrollled and outlined in the grant.
Contractor shall issue certificates and cards upon completeion of courses. 725
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
22129/6494
1 Universal Safety and CPR
31,000.00
✔
✔
31,000.00
31,000.00
31,000.00
31,000.00
726
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
The sixth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The seventh Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The eighth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The ninth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The tenth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
Contract Amendment/EJ/TE 11-30-07
1 Universal Safety and CPR
31,000.00
31,000.00
31,000.00
31,000.00
31,000.00
727
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 728
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 729
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 730
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 731
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 732
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 733
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 734
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 735
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 736
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 737
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 738
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 739
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 740
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 741
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 742
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 743
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 744
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 745
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 746
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 747
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 748
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 749
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 750
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 751
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 752
DocuSign Envelope ID: 82C5D75C-CE88-42DB-AB9A-12F81A8660A4 753
September 12, 2023
Library and Community Services
DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager – Community
Services
Lori Reese, Project Manager
Subject:
Standard Contract with Trans Metro, Inc. for On-Call
paratransit services and Outreach
FINANCIAL IMPACT: Funding for the contract will be supported with Measure J funds for paratransit service operations in west Contra Costa County (Paratransit Fund 1003 and 11785051
2A1JQ).
Measure J funds support qualified users residing in the incorporated and unincorporated areas of West County
as identified in the guidelines. Measure J funds are
disbursed by the Contra Costa Transportation Authority
(CCTA) biannually and are specifically allocated to transit providers for outreach and transportation services that support disabled and elderly persons.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The contract between the City of Richmond and Trans
Metro, Inc. will support gaps in ridership for resident users in the incorporated and unincorporated areas
served in west Contra Costa County.
AGENDA
REPORT
754
September 12, 2023
RECOMMENDED ACTION:
APPROVE the standard contract with Trans Metro, Inc. in an amount not to exceed $250,000, from September 12,
2023 through September 30, 2024, to support community
outreach and existing paratransit van services for seniors and disabled individuals residing in Richmond and
incorporated and unincorporated areas in West County
per Measure J guidelines – Community Services
Department (LaShonda White 510-620-6828/ Lori Reese
510-620-6869).
DISCUSSION:
Since 1976, the mission of R-Transit (Richmond’s paratransit service) van service is to provide safe and reliable transportation service for seniors (55 and older), and disabled individuals (18 years and older) for improving access to community services and activities, and to enhance an individual’s ability to live independently.
Since March 2018, R-Transit van users have been able to use LYFT through an agreement between the City and LYFT. The LYFT service agreement allows users the opportunity to choose available travel options (i.e., LYFT, paratransit van service, and/or Richmond MOVES services) depending on one’s travel needs. The contract with LYFT was renewed in 2023 for the continuation of services.
For personal and medical needs, clients have the option of using LYFT or the City’s paratransit van service. In recent years, City staff have encouraged clients to use LYFT due to the limited number of available R-Transit van drivers. The City receives Measure J funds to fund its paratransit program and is required to submit an annual claim form with ridership data. It was determined that residents in the unincorporated and incorporated areas could benefit from increased access to services.
To increase access to and use of R-Transit services by all eligible residents, City staff is interested in contracting with Trans Metro, Inc. to help expand service delivery and reach. This contract will assist the City with meeting the Measure J guidelines, the Paratransit Coordinating Council (PCC) recommended action, and the Contra Costa Transportation Authority’s (CCTA) approval of the submitted claim form to receive funding.
In April 2023, City Transportation staff released a Request for Proposal (RFP) for qualifying firm responses to support outreach and as-needed paratransit services. Two proposals were received from Bay Area Charters and Trans Metro, Inc. A panel comprised of two Richmond Commission on Aging members and one City staff member reviewed and ranked the proposals and interviewed vendors. Trans Metro, Inc. ranked the highest.
755
September 12, 2023
The contract term is for one year starting on September 12, 2023 through September 30, 2024, and will be assessed annually as claim forms are submitted to CCTA to ensure Measure J guidelines are met, outreach is performed, and users are effectively served. The as-needed, supplemental service will also ensure rides in the absence of existing R-Transit van drivers (vacations, sick time, etc.). The contract will support the only two paratransit City drivers with transporting clients to more than five cities and will assist with outreach to residents to support existing and potentially increased ridership.
DOCUMENTS ATTACHED:
Attachment 1 – COR/Trans Metro, Inc. Standard Contract
Attachment 2 – RFP
Attachment 3 – Bids Online Report
Attachment 4 – Proposal Matrix Scores
756
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.
757
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
758
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:
759
The City of Richmond
Request for
P
roposal
’
s
:
P
aratransit T
ransportation S
ervices & Community O
utreach
Prepared by:
TRANSMETRO, Inc.
An Eco
-
Friendly Venture Specializing in Mobility Solutions
111 Williams Ave
San Francisco, CA 941
24 626 23
rd
St Richmond CA 94804
760
2 www.sfmetrotrans.com
Request for Proposal:
P
aratransit
T
ransportation
S
ervices
&
C
ommu
nity
O
utreach
A
pril 05
, 20
2 3
L
ori
R
eese
-
B
rown
V
ia email
:
L
orireese
-
B
rown
@
ci.
richmond.ca.us
Dear
L
ori
,
Transmetro, Inc. would like to thank
you
for pr
oviding our company an opportunity to
submit a professional proposal for the
R
ichmond paratransit
services.
As you evaluate proposals from the service providers and select a contractor, I very respectfully urge you to consider the qualifications of transMETRO, In c (an Eco
-
Friendly
venture specializing in alternative fuel powered transportation services). Of the utmost importance is our commitment to responsiveness, ethics, and honest management. These characteristics are core to our reputation and mission as a suc cessful transportation
provider.
We hope that the information provided demonstrates our desire and capability to meet diverse demands and our ability to provide
your agency
with the highest level of service
in our business. transMETRO Inc. will deliver a
n intimate level of service and
management that brings year
s
of local San Francisco Bay Area transit experience. Our San Francisco offices are very close in proximity to the project site allowing us instant 761
3 www.sfmetrotrans.com
access to monitor the services and meet with
the
agency
staff to further improve the
operations.
transMETRO is committed to hiring locally. If awarded, we will continue to hire the bus drivers from the local community. We currently employ full -
time bus drivers, shop
mechanics, and supervisors who are
Ri
chmond
residents.
We sincerely certify sufficient technical experience in performing work of a closely similar nature; experience working with clients from t
he Public and Private sector;
strong local
San Francisco
presence of a successful
, safe
and finan
cially stable
bus
operator
with highly qualified management.
I will serve as your contact for transMETRO and can be reached at (415) 513 -
5777 and
via email [email protected]. I am authorized to make representations for our company. Thank you for you
r consideration of our proposal.
Sincerely,
Fred Khan
General Manager/C
O
O
transMETRO, Inc.
Mail:
231 Market PL #291 San Ramon CA 94583
http://www.sfmetrotrans.com
762
4 www.sfmetrotrans.com
Proposal for
P
aratransit
Services
TABLE OF CONTENTS
Top FIVE Reasons Why transMETRO…………………..Page 5
1. Qualifications & Experience
Company Profile……..…………………………………….Page 6
2. Company History
.
…………………………………
….
…Page
8 3.
GPS Tracking Application and Website…………….
.
0 4
.
L
ocal
S
ubcontractor for
O
utreach
S
ervices
…
…
…
.
………………
…………
…...
……………
5 .
A
ttach
ment
A
,
B
,
C
…
..
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1 3
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5 www.sfmetrotrans.com
Top FIVE Reasons Why
trans
METRO
_________________________________
1. transMETRO is dedicated to increasing job opportunities for the local community.
transMETRO team w
ill provide excellent transportation services from it’s local offices. We are dedicated to hiring qualified bus drivers from the local community. Our management is proud to hire from Employment Development Department (EDD) and Veteran’s Administration job
training pools.
2. transMETRO team has profound knowledge of
local TDM elements,
shuttle bus
project grant funding and superior project implementation expertise.
You
will have an experienced partner in administration of successful shuttle
bus
service. I
f invited by
your agency
, we will assist with
TDM elements and
grant
funding application
s
. Our existing clients such as CSU East Bay can attest to our abilities in securing grant funding to expand
transportation
services.
3. transMETRO currently operates
shuttle bus services to BART, train stations, and
park and ride lots throughout San Francisco Bay Area.
transMETRO team has provided bus services to/from BART and local transit/train stations for many years. We already coordinate with many local shuttles,
transit agencies, MTC, 511
, SFMTA
and BART in regards to the
shuttle
bus services route/stops, and neighborhood traffic circulation elements. We are prepared to coordinate with
you
and relevant local stakeholders to implement an
efficient bus services sch
edule.
4. transMETRO offers new, environmental friendly bus fleet.
We offer one of the largest local bus fleet consistent with your preference of bio -
diesel
, renewable diesel, ethanol blends and
compressed natural gas alternative
fuels. transMETRO currentl
y serves a majority of it’s clients using renewable
diesel,
ethanol blends,
bio
-
diesel and CNG powered buses.
5. Our project team has over 30 years of combined experience in providing excellent transportation services.
You will have a trusted partner for
excellent transit services. transMETRO, Inc.
recently won the Governor’s Environmental Leadership award, and U.S. DOE Clean Cities Coalition’s Clean Air Champions award.
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6 www.sfmetrotrans.com
Qualifications and Experience
Company Profile
_________________
trans
METRO
team has
a diverse background in
p
aratransit
bus services industry. We
have superior expertise in operations of bus services in the San Francisco Bay Area. Our team has over 30 years of combined experience in providing excellent transportation services. We have worked
together with many organizations to identify innovative solutions to complex transit challenges.
trans
METRO
has developed this proposal to meet both the intent and requirements of your request. We have included program, processes and staffing designed t o address the
challenges of providing safe, timely and effective transit. Our knowledge of these challenges is perhaps one of the greatest assets we bring to this project. As a local San Francisco contractor, we know and we share your vision of the quality
of service
required. Our knowledge combined with a dedicated, focused, and defined service delivery model with produce a results
-
oriented partnership achieving our mutual goal of
better service to travelers.
In this proposal we bring together:
A contr
actor with experience handling all aspects of the shuttle bus services project. Within our industry the highest costs are labor, maintenance and fuel. As a contractor we must directly control and influence labor and maintenance. We will contain your costs
by efficiently providing maintenance and utilizing our
purchasing skills to lower the overall operation costs.
A commitment to our workforce with a competitive compensation package for operators and staff.
We participate in local community events, partic
ipate in business community
gatherings, and offer job opportunities to the local community.
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7 www.sfmetrotrans.com
Your agency
staff desires a real client
-
contractor partnership as the basis of our working
relationship. This partnership is based on trust and cooperation to ach ieve the goals of the
service together, with each partner taking responsibility for its assigned tasks.
The contractor start up period begins with a Partnering Meeting with the leadership and staff of both organizations to discuss expectations, challenge s and issues for further
resolution.
Work teams will be established to conduct “what if” scenarios prior to mobilization as a first effort to defining procedures as well as roles and responsibilities within the service design.
We have developed a myste
ry rider program designed to measure performance and
benchmark improvement goals. The program will be conducted quarterly by our management and without the knowledge of the bus operators to ensure quality. We will report our findings directly to the client
project manager.
We understand the needs of our mutual customers.
With
trans
METRO
, you will receive the best of both worlds
–
the resources and
financial stability of a successful transit provider and the individualized attention and support of an exp
erienced company.
While we have an impressive resume of experience, our reputation is built one contract at a time. We are in a service industry meaning we serve people using people. This emphasis on the human element of our business is what differentiat es
trans
METRO
from our competitors. As this proposal hopes to demonstrate, we have invested in the art of customer service. We offer superior operator and supervisor training and teach interaction skills between transMETRO and our customers. This program s ets the stage
for developing a culture of customer service. It is our belief that satisfying the riding public ultimately satisfies you, our client.
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8 www.sfmetrotrans.com
Our team is equipped and ready to begin the implementation immediately and to delivering the excellent ser
vices outlined in our proposal. We welcome the opportunity to clarify any aspect of our proposal. We are happy to meet with staff to discuss our proposal and to provide a presentation of our services. Our fleet can be mobilized in less than 45
-
days followi
ng the award
/signing
of the contract.
Company Background:
transMETRO, Inc. is a successful transportation business located in San Francisco, CA
and
serving all of the San Francisco Bay Area
.
Company History:
trans
METRO
founders have been providing super
ior customer
service to Hotels, Healthcare Facilities, Restaurants, Airports, Retail Establishments, Government, and Corporate America since 1999. We are a family owned and operated business as well as a minority owned transportation management firm.
The
company initially began with just one bus, transporting disabled and elderly residents of the San Francisco Bay Area under the state Medicaid and low -
income transportation
grant assistance program. We have always been dedicated to serving the transportati on
needs of the individual communities we serve. Our commitment is fully backed by a portfolio of highly satisfied clients.
We are a for profit organization focused on mobility solutions. Our goal is to provide the customized transportation solutions to
the local and regional governments, transit
districts, private employers, and the general public, at large.
Financial Stability:
trans
METRO
is a financially stable firm with no current liabilities, positive cash flow and maintains sufficient financial res erves. Our DNB# and relevant
information for verification purposes is provided as following:
D
-
U
-
N
-
S Number: 832318047
Operating License:
PUC License: PSG0026354
CA Fleet Identification: CA379804
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9 www.sfmetrotrans.com
History of performance with similar contracts:
1. transMET
RO, Inc. has been a shuttle bus provider for the California State University East Bay (CSUEB) since October 2010. We operate CSUEB campus to BART routes with (9) nine drivers on a daily basis including late night and weekend shuttle bus services. Total con
tract value: $950,000/year
2. transMETRO, Inc. operated multiple daily routes for San Francisco General Hospital (SFGH) Rebuild
in contract with WEBCOR Builders
. We employed 16
drivers to accomplish this mission on a daily basis including weekend service.
Ou
r staff handled all aspects of bus transportation for this contract. Total contract value: $1.8 million
3. transMETRO, Inc. is a shuttle bus provider for major San Francisco high tech firms and for example some located at 600 Townsend, San Francisco. We oper ate
three daily routes to BART, Caltrain and Transbay Terminal in San Francisco and employ
eight
drivers for this service. Our service includes provision of high quality vehicles with leather seats and wifi internet, as well as carpet floors.
A highly sa
tisfied client references are provided in reference section of this proposal.
We propose to assign the most qualified members of our team with delicate and careful launch of innovative commuter bus service. Our proposed project manager, Moe Akram has b
een working with our company for over
eight
years as bus services project manager.
Moe holds a degree in management and reports directly to our general manager.
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10 www.sfmetrotrans.com
Branding of vehicles:
if required by client,
we will work with
your agnecy
to brand
each vehicle with
client
specific signage.
If instructed by client, w
e
will help
install on
the outside of each vehicle the slide in sign brackets with 6 ft X 3 ft sign with client
signage
.
We also coordinate with su
bcontractors in provision of full or partial bus wraps.
Please see below full bus wrap image from one of our buses contracted to CSU East Bay.
The cost to install bus wrap is usually negotiated in bid format with subcontractors and usually depends on numbe
r of units and type of graphic arts and design work that is required by the client. A typical full bus wrap installation can cost in the range of $7,500 -
$15,000.
Image: Full bus wrap on transMETRO contract bus assigned to CSU East Bay
GPS Tracking
Application & Website:
we offer a leading GPS application and bus
tracking application
s
. Currently used by many high profile companies as a most advanced GPS & bus tracking application we will offer app and website access to your agency
patrons
so they can
see bus
on a live map
.
Following images show our proposed Fleetmatics GPS access available on smartphone and on web. We will also gladly share with
your
selection committee for demonstration
purposes the access to neighboring SFSU fleetmatics GPS of the ir contract buses.
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11 www.sfmetrotrans.com
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12 www.sfmetrotrans.com
L
ocal
S
ubcontractor for
O
utreach
S
ervices
W
e propose to coordinate
the
delivery of outreach services with a local
R
ichmond subcontractor,
V
alour
C
ommunity
A
warenes
s and
O
utreach services.
T
he subcontractor has a very significant
local
grassroots
outreach experience
and
a
successful record of
service
s
delivery.
F
ollo
wing are three references for the
V
alour
C
ommunity
A
wareness
&
O
utreach
:
Conrad Wu, Attorney
(415) 378
-
4298
885 Bryant Street, Second Floor
San Francisco, CA
94103
Mariko Fukasawa, Transportation Manager
(916) 842
-
8553
Sol Transportation
Georgia Street and Sacramento Street
Vallejo, CA 94590
Deborah Dabbs, Transportation Coordinator
(510) 375
-
9442
City of Richmond
Richmond, CA
771
772
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 773
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 775
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 776
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 777
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 778
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
779
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 780
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 781
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 782
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 783
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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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 785
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.
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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. 787
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):
788
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.
789
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
790
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 2 of 3
R
evised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Be tter. If the A.M. Best Rating falls below the required rating, CONT
RACTOR must replace coverage immediately and provide notice to City.
Um
brella/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. 791
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type
2 – Page 3 of 3
R
evised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including br eaches 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.
792
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)
EXHIBIT G
793
Page | 1
THE CITY OF RICHMOND
Request Proposal’s for
Paratransit On-Call Services & Community Outreach
LIBRARY & COMMUNITY
SERVICES
TRANSPORTATION DIVISION
794
Page | 2
RFP submittal deadline: 3:00 p.m., Wednesday, April 19, 2023
Contact: Lori Reese-Brown, Project Manager
(510) 620-6869
[email protected]
Department: LIBRARY & COMMUNITY
SERVICES
TRANSPORTATION DIVISION
Address: 440 Civic Center Plaza, 2nd FLR,
RICHMOND, CA 94804;
795
Page | 3
TITLE: Paratransit On-Call Services &
Community Outreach
1. INTRODUCTION
The City of Richmond is seeking proposals from qualified transportation firms to provide on-call Paratransit Rideshare Services for Seniors, and disabled individuals over 55 years of age, along with community outreach services in Richmond and West County municipalities presently serve by Richmond paratransit. (Richmond, North Richmond, San Pablo, Kensington, and El Sobrante).
The on-call paratransit and outreach services are intended to assist the City of Richmond Transportation Division with implementing first mile / last mile connections, with the overarching goal of ensuring seniors and disabled persons remain mobile.
The Scope of Services Section below provides additional details on the services sought.
2. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for your review and submission (see asterisk):
Attachment A - Proposer’s Information Form*
Attachment B - Sample Table, Qualifications of Firm relevant to the proposed needs Attachment C - Cost Proposal Format
The items identified with an asterisk (*) shall be filled out, signed by the appropriate representative of the company and returned with the submittal. This solicitation is offered to transportation firms that have the proven success of providing and accommodating the services listed herein within the City of Richmond and the municipalities we serve in West County ONLY.
796
Page | 4
3. INSTRUCTIONS TO PROPOSERS
3.1 Examination of Proposal Documents
The submission of a proposal shall be deemed a representation and certification by the Proposer that they have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal.
3.2 Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.
3.3 Represent that all information contained in the proposal is true and accurate.
3.4 Did not, in any way, collude, conspire to agree, directly or indirectly, with any person , firm, corporation or other Proposer regarding the amount, terms or conditions of this proposal.
3.5 Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.
3.6 No request for modification of the proposal shall be considered after its submission on grounds that the P roposer was not fully informed of any fact or condition.
4.0 Addenda/Clarifications
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the City no later than 2:00 p.m., Thursday, April 27, 2023.
Correspondence shall be e-mailed to Lori Reese-Brown at: Lori_reese- [email protected].
Responses from the City will be communicated to all recipients of this RFP. Inquiries received after the date and time stated will not be accepted and will be returned to senders without a response. All addenda shall become a part of this RFP and shall be acknowledged on the Proposer’s Form.
The City shall not be responsible for nor bound by any oral instructions, interpretations or explanations issued by the City or its representatives.
797
Page | 5
4.1 Submission of Proposals
All proposals shall be submitted ELECTRONICALLY to:
ATTN: Lori Reese -Brown, Project Manager , City of Richmond [email protected]
Proposals must be received no later than 3:00 p.m. on Thursday, May 11, 2023. All proposals received after that time will be returned to the Proposer.
The Proposer shall submit One (1) electronic copy, addressed to the Project Manager, as noted above, clearly bearing the Proposer’s name and address.
4.2 Withdrawal of Proposals
A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP.
4.3 Rights of the City of Richmond
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the rig ht to:
• Make the selection based on its sole discretion;
•
• Reject any and all proposals;
• Issue subsequent Requests for Proposals;
•
• Postpone opening for its own convenience;
• Remedy technical errors in the Request for Proposals process;
• Approve or disapprove the use of particular Sub-consultants;
• Negotiate with any, all or none of the proposers;
• Accept other than the lowest offer;
• Waive informalities and irregularities in the Proposals and/or Enter into an 798
Page | 6
agreement with another Proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City.
• An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Proposer.
4. PROPOSED TENTATIVE
TIMELINE
The RFP timeline is as follows:
RFP Issued Wednesday, April 19, 2023
Proposals Due 3:00 p.m. Thursday, May 11, 2023
Finalist Identified May 18, 2023
Consultant Interviews Week of May 22, 2023
Consultant selection and contract preparation Week of May 29, 2023 Work commences Prior to the end of June 2023 or sooner
5. SCOPE OF SERVICES (to be submitted in this order only) These instructions outline the guidelines governing the format and content of the proposal and the approach to be used in its development and presentation. The intent of the RFP is to encourage responses that clearly communicate the Proposer’s understanding of the City ’s requirements and its approach to successfully provide the services on time and within budget. Only that information which is essential to an understanding and evaluation of the proposal should be submitted. Items not specificall y and explicitly related to the RFP and proposal, e.g. brochures, marketing material, etc. will not be considered in the evaluation.
All proposals shall address the following items in the order listed below and shall be numbered 1 through 8 in the proposal document.
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Section 1 – Proposal Summary
This Section shall discuss the highlights, key features and distinguishing points of the Proposal. A separate sheet shall include a list of individuals and contacts for this Proposal and how to communicate with them. Limit this Section to a total of five (5) pages.
Section 2 – Profile on the Proposing Firm(s)
This Section shall include a brief description of the Prime Proposer’s firm size, business location and the organizational structure of the business. Include a discussion of the Prime Proposer firm ’s capacity and resources. Include all other firms including sub contractors participating in the Proposal, including similar information about the sub proposer’s firm experiences.
Section 3 – Qualifications of the Firm
This Section shall include a brief descr iption of the Proposer ’s and sub - Proposer’s qualifications and previous experience on similar or related projects. Provide in a table format descriptions of pertinent project experience with other public municipalities and the private sector that includes a summary of the work performed, the total project cost, the percentage of work the firm was responsible for, the period over which the work was completed, and the name, title, and phone number of client’s to be contacted for references. Give a brief state ment of the firm ’s adherence to the schedule and budget for the project.
Section 4 – Work Plan or Proposal
This Section shall present a well -conceived service plan. Include a full description of major tasks and subtasks. This section of the proposal shall establish that the Proposer understands the City ’s objectives and work requirements and Proposer ’s ability to satisfy those objectives and requirements. Succinctly describe the proposed approach for addressing the required services and the firm ’s ability to meet the City ’s schedule, serve the consumers, and meet outreach goals for marketing to potential and current clients. O utline the approach that would be undertaken in providing the requested services, and proposed goals of achievement.
Section 5 – Proposed Innovations
The Proposer may also suggest technical or procedural innovations that have been used successfully on other engagements and which may provide the City with better service delivery. In this Section discuss ideas, innovative approaches, and specific new concepts included in the Proposal that would provide benefit to the city and the consumer’s we serve . 800
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Section 6 – Project Staffing
This Section shall discuss how the Proposer would staff this project. Key project team members shall be identified by name, title and specific responsibilities on the project. An organizational chart for the project team and resumes for key Proposer personnel shall be included. Key personnel and working with local vendors will be a key factor considered. The City’s Project Manager has the right to assign and/or reassign key personnel to ensure ”First Source” local hire policies are met.
Section 7 – Proposal Exceptions
This Section shall discuss any exceptions or requested changes that the Proposer has to the City’s RFP conditions and requirements.
Section 8 – Proposal Costs Sheet and Rates
The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Provision of this information assists the City in determining the firms understanding of the project and provides staff with tools to negotiate the cost.
This Section shall include the proposed costs to provide the services desired. Include any other cost and price information, plus a not-to-exceed amount, that would be contained in a potential agreement with the City of Richmond. The hourly rates may be used for pricing the cost of additional services outlined in the Scope of Work.
**PLEASE NOTE: The City of Richmond does not pay for
services before it receives them. Therefore, do not propose contract terms that call for upfront payments.
6.CONTRACT TYPE AND METHOD OF PAYMENT
It is anticipated that the agreement resulting from this solicitation, if awarded, will be a not -to-exceed budget per task form of contract. The method of payment to the successful Proposer shall be on a per task basis with a maximum “not to exceed” fee as set by the Proposer in the proposal or as negotiated between the Proposer and the City as being the maximum cost to perform all work. This figure shall include direct costs and overhead, such as, but limited to, transportation, communications, subsistence and 801
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materials and any subcontracted items of work. Progress payments will be based on a percentage of the project completed.
7. REVIEW AND SELECTION PROCESS
Contract evaluators will review and score the proposals based on the following criteria:
7.1 Clarity and Detail of Work-plan
7.2 Cost
7.3 Creativity
7.4 Community Outreach and Engagement Strategies
7.5 Completeness of Proposal
7.6 Ability to implement the City’s Environmental Community Investment Agreement (ECIA) Transportation Services ONLY; the First Mile / Last Mile policy document and any other City Policy i.e., General Plan Circulation Element and Specific Plans (Please refer to the City’s website at: www.ci.richmond.ca.us for these and other applicable documents).
7.7 Proof of Richmond residency/ business ONLY as a for-profit and non-profit business (minimum of five (5) years ). The selection committee will make a recommendation to the City Council based on this criterion . The acceptance of the proposal will be evidenced by a written Notice of Award from the C ommunity Services Department, Transportation Division, to the successful Proposer.
8. ORAL INTERVIEWS
Proposers will be required to participate in an oral interview. The oral interview will be a panel comprised of three (3) to five (5) members of the selection committee.
9. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:
9.1 Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or conditions of this proposal;
9.2 Any attempt to improperly influence any member of the evaluation team;
9.3 Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
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9.4 Evidence of incorrect information submitted as part of the proposal;
9.5 Evidence of Proposer’s inability to successfully complete the responsibilities and obligation of the proposal; and
9.6 Proposer’s default under any previous agreement with the City, which results in termination of the Agreement.
10. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non- acceptance of the proposal, at the sole discretion of the City.
11. FIRMS OR PERSONS NOT ELIGIBLE TO SUBMIT A PROPOSAL
In order to avoid any conflict of interest or perception of a conflict o f interest, Proposer(s) selected to provide professional services under this RFP will be subject to the following requirements:
11.1 The Proposer(s) who works on the procurement will be precluded from submitting proposals or bids as a prime contractor or subcontractor in the ultimate procurement.
11.2 The Proposer(s) may not have interest in any potential Proposer for the ultimate procurement.
~ End of Section ~
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Attachment A
Proposer’s Information Form
PROPOSER (please print):
Name:
Address:
Telephone: Email: ________________________________ ___________________ Contact person, title, email, and telephone: __________________________ Proposer, if selected, intends to carry on the business as (check one):
Individual 0 Joint Venture
Partnership
Corporation
When incorporated? ______________
In what state?
When authorized to do business in California?
Other (explain): ______________________________________________________
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(es) below. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal:
Addendum number(s) received: 1; 2; 3; 4; 5; 6;
Or, _________ No Addendum/Addenda Were Received (check and initial).
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Attachment A – Proposer Information continued...
PROPOSER’S SIGNATURE
No proposal shall be accepted which has not been signed in ink in the appropriate space below:
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By signing below, the submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No request for modification of the proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.
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1. The duly authorized officer of the CORPORATION shall sign as follows:
The undersigned certify that he/she is respectively:
Signature: Title:
Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary ’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION.
Corporation / Contractor Name (print and sign)
By: ____________________________________ Date:______________________
Title:__________________________________
City of Richmond – RFP Transportation Services
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ATTACHMENT B
SAMPLE TABLE FORMAT
QUALIFICATIONS OF FIRM RELATIVE TO CITY’S NEEDS
Project Name
Client Description of work
performed
Total Project
Cost
Percentage of
work Prime was
responsible for
Period work was
completed
Client contact
information*
Did your firm meet the project schedule (Circle one): Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Project Name
Client Description of work
performed
Total Project
Cost
Percentage of
work Prime was
responsible for
Period work was
completed
Client contact
information*
Did your firm meet the project schedule (Circle one): Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Project Name
Client Description of work
performed
Total Project
Cost
Percentage of
work Prime was
responsible for
Period work was
completed
Client contact
information*
Did your firm meet the project schedule (Circle one) : Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Did your firm meet the project schedule (Circle one) : Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project:
*Include name, title and phone number.
City of Richmond – RFP Transportation Services
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ATTACHMENT C
SAMPLE COST PROPOSAL
FORMAT – RFP
(The City is looking for a submittal in this format – content should match cost for scope of services required)
Scope Labor Categories
(e.g., Consultant, Sr. Consultant, etc.)
Est.
Hours
Hourly
Rate
Extended
Rate
Task 1
$ $
$ $
$ $
TOTAL NOT TO EXCEED, TASK 1
$ $
Task 2
$ $
$ $
$ $
TOTAL NOT TO EXCEED, TASK 2
$ $
Task 3
$ $
$ $
$ $
TOTAL NOT TO EXCEED, TASK 3
$ $
TOTAL NOT TO EXCEED
(TASKS 1 – 3)
$ $
809
City of Richmond
Paratransit On-Call Services & Community Outreach, bidding on 05/11/2023 3:00 PM (PDT)