AMENDMENT PROVISIONS
1. Schedule A, Methodology for Distribution of Capital Costs of the Amended and Restated Joint Exercise of Powers Agreement of the West County Agency if hereby amended to reflect the Final Percentage Allocations of the Wastewater Management Program to read as follows:
SCHEDULE A
ALLOCATION OF CAPITAL COSTS OF THE
C06-1154 GRANT/PROJECT ELEMENTS
The allocation of capital costs have been developed by staff of members City of Richmond and West Contra Costa Sanitary District as percentage allocation of each element of each grant/project of the C06-1154 Clean Water Grant Wastewater Management Program according to the following schedule:
Project Al (llO)
Submarine Outfall (Joint Use)
Predesign/Design (010, 100)
R.O.W./Easements
Construction
Engineering/Other
Project A4 (120)
Richmond WPCP Improvement (Sole Use)
Predesign/Design (010,100)
Construction
Engineering/Other
Project A3 (130)
Effluent Pump Station (Joint Use)
Predesign/Design (010,100)
Construction
Engineering/Other
Project A2 (140)
Transmission Pipeline {Joint Use)
Predesign/Design (010,100)
R.O.W./Easements/Tunnel
Construction
Engineering/Other
WCCSD %
32.00%
32.00%
32.00%
32.00%
0.00%
0.00%
0.00%
99.20%
99.20%
99.20%
77.30%
77.30%
77.30%
77.30%
3 RICH.%
68.00%
68.00%
68.00%
68.00%
100.00%
100.00%
100.00%
0.80%
0.80%
0.80%
22.70%
22.70%
22.70%
22.70%
1483
Exhibit 1 of Amendment No. 2
Project B1 (210)
Richmond Pump Station (Sole Use)
Predesign/Design (010,200)
Construction
Engineering/Other
Project B3 (220)
Equalization Basins & Sludge
Handling Facilities (Joint Use)
Predesign/Design (010,200)
Land
Construction
Change Orders
Engineering/Other
Engineering/Other
Engineering/Other
Project B2 Phase 1 (230)
Treatment Plant Additions
and Modifications (Sole Use)
Predesign/Design (010,200)
Construction
Engineering/Other
Project B2 Phase 2 (240)
WCCSD %
0.00%
0.00%
0.00%
76.55%
100.00%
78.18%
85.96%
78.87%
100.00%
50.00%
100.00%
100.00%
100.00%
Treatment Plant Modifications (Sole Use}
Predesign/Design (010,200)
Construction
Engineering/Other
Clean Water Grant (015) Step 1
100.00%
0.00%
0.00%
Ultimate Sludge Disposal/Energy Recovery
Predesign/Design (010) 100.00%
State Solid Waste Management Grant (400)
Ultimate Sludge Disposal/Energy Recovery
Design 100.00%
Old WCA Facilities Planning Grant (010)
Predesign 38.00%
RICH.%
100.00%
100.00%
100.00%
23.45%
0.00%
21.82%
14.04%
21.13%
0.00%
50.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
38.00%
2. Sub-Schedules A1 and A2 are hereby deleted.
4 OTHERS%
24.00%
1484
AMENDMENT NO. 3 TO
JOINT EXERCISE or POWERS AGREEMENT
OF THE WEST COUNTY AGENCY
BY AND AMONG WEST COUNTY WASTEWATER DISTRICT
AND THE CITY or RICHMOND AND
RICHMOND MUNICIPAL SEWER DISTRICT
The parties to this Amendment: No. 3 to the Joint Exercise of Powers Agreement do mutually agree and promise as follows:
1. Partiea. The parties to this Amendment No. 3 to the Joint Exercise of Powers Agreement of the West County Agency, Contra Costa County, California, a joint exercise of powers agency (Agency) are:
City of Richmond
Richmond Municipal Sewer District
West County Wastewater District
2. Purpo••· Thi• Amendment No. 3 is being entered into to amend the ~mended and regtated Joint Exercise of Powers Agreement which was entered into by and among the Weot County Wastewater District, formerly known as the Weot Contra Costa Sanitary District, and the City of Richmond and the Richmond Municipal Sewer District on June 15, 1964, and subsequently amended by Amendment llo. 1 on April 2, 1990 and J\lnendment No. 2 on November 23, 1992.
Said agreement shall hereinafter be referred co a3 the "Original Agreement" and is incorporated herein by reference.
3. OriginAl Agreement Proviaiona. The parties hereto agree to continue to abide by those te~ and ~onditione of the Ori~inal Agr~~ment, and any amendments thereto, which are unaffected by chi• Amendment No. 3.
4. Thi• Amendment No. 3 is subject to the
Amendment Prcvi8ions attached hereto a• Exhibit A through F and which are incorporated herein by this reference. Said Amendment Provision• supersede any conflicting provi•ion• of the Original Agreement or any amendment thereto. 5, ter.a. This Amendment No. 3 shall be effective only for the period prior to, including, and ending June 30, 1991.
Adopt&d 12/21/93
1485
6. Signature•. These •ignatures atte5t the partie•' agreement to the provision• of this Amendment No. 3 to the Joint Exercise of Power• Agreement:
Executed on _ _.n.,e_,c.,e.um111b..,e-.r._2....._J __ , 19 9 3, at B i c b mqp d , California.
Atte5tl
·City Attorney
CITY OF RICHMOND
a municipal corporation
By
/)
t_~-:g
Mayor
------------------------------------------------------------------------ December 21 1993 E><ecuted on ----------• , at ___ R_i_c_h_m_o_n_d _____ , California. ;)
:sy t;:\As_ """'-"-'
Mayor
City Attorney
RICHMOND MUNICIPAL SEWER DISTRICT
----------------------------------------------------------------------- Executed on -~D~e~c~e~m~b~e~r~2~1~----·' 1993, at --~R~i~c~h~m~o~n~d=----' California.
Approved ~· to form:
Di>tcJ:A!Z~
AdoptDd lZIZl/B
WEST COUNTY WASTEWATER DISTRICT
)
/
By./ ;i~
Title SecretY
1486
Exhibit A of Amend~ent No. 3 to
the Joint Exercise of Fowers
Agreement of the West County Agency
Page l of 2
AMENDMENT PROVISIONS
1. Schedule A., Methodology tor Distribution c! Capital Costs of the Amended and Restated Joint Exercise of Powers Agreement of the West County Aqeney i:s he::eby ar.\~!ld~d to :e!!~ct t~e ~ina! &ercentage Allocation~ of the C06-ll54 Grant/Project Wastewater Management Program to read as follows:
SCHEDULE A.
ALLOCATION OF CAPITAL COSTS J\ND GRANTS OF THI!:
C06-ll54 GRANT/PROJECT ELEMENTS
The alloca.tion of capital costs have been developed by staff of members City of Richmond and West County Wastewater District as percentage allocation of e.ach element of each grant/project of the C06-1154 Clean Water Grant Wastewater Management Program according to the following schedule:
Project A1' 1110)
Submarine Outfall (Joint Use)
?redesign/Design 1010,100)
R.o.W./Easement•
Construction
Engineering/Other•
Project M {120)
Richmond WPCP Improvement (Sole Use)
Prede~ign/Design (010,100)
Construction
Engineering/Other•
Project A3 (130)
Effluent Pump Station (Joint Use)
Predesign/Design (010,100)
Construction
Engineering/Other•
Project A2 (140)
Tran•mission Pipeline (Joint Use)
Predesign/Design (010,100)
Design Contract, CCA 1216G
(51 udge line des iqn Mod. )
R.O.W./Easements
Tunnel
Con!l t ruction
Engineering/Other•
Adopted 12/21/!3
COST ' GRANT
WCWD % RICH.%
32.00%
32.00%
32.00%
32.00%
0.00%
0.00%
0.00%
99.20%
99.20%
99.20%
77.30%
0.00%
77.30%
32.00%
77.30\
77.30%
68.00%
68.00%
68.00%
68.00%
100.00%
100.00%
100.00%
0. 80%
0.80%
0.80%
22.70%
100.00%
22.70%
68.00%
22.70%
22.70%
1487
Project Bl (210)
Richmond Pump Station (Sole Uee)
Predesign/Oe~ign (010,200)
Construction
Engineering/Other•
Pr<>ject B3 (220)
Equalization Basins ' Sludge
Handling Facilities (Joint Use)
Exhibit: A
wcwo '
COST
0.00%
0.00%
0.00%
of .1\:nend!nent No. 3
2 RICH.% WCWD% RICH.%
& GRANT
100.00%
100.00%
100.00%
Co:st.s Only Grants Onl:z:
Predesign/Design (010,200) 76.55%
Land 100.00%
Constz:uction. 78.18%
Change Orden 85.96%
Enq./Other--Overall project• 78.87%
Eng./Other--Equ~l.Basin Wall Repair 100.00%
Enq./Other--Sludge Lagoons,
Hazardous Waste Removal 50.00%
Project 82 Phase 1 (230)
Treatment Plant Additions
and Modifica.tions (Sole Use)
COST
Predesign/Design (010, 200) 100.00%
Const:ruction 100.00%
Engineering/Ocher• 100.00%
Project 82 Phase 2 (240)
Treatmenc Plant Modifications (Sole Use)
Predesign/Oesign (010,200)
Construction
Engineering/Other•
Clean Water Grant (015) Step 1
100.00%
100.00%
100.00%
Ultimate Sludge Disposal/Energy Recovery
Predesiqn/Pesign (010) 100.00%
st~te Solid Waste Management Grant (400)
Ultimate sludge Disposal/Energy Recovery
Design 100.00%
Old WCA racilities Planning Grant (010)
Predesiqn
WCWD %
38.00%
23.45%
0.00%
21.82%
14.04%
21.13%
0.00%
50.00%
& GRANT
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
100.00%
76.55%
108.10~
77.32%
100.00%
50.00%
R!CH.% OTHERS%
38.00% 24.00%
0.00%
23.45%
- 8.10%
22.68%
0.00%
so. 00%
•Emgineerinq/Other includes construction engineering, force account, grant administration, appeals.
1488
1489
1490
1491
1492
1493
1494
1495
1496
1497
1498
1499
November 7, 2023
Public Works
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Robert Armijo, Deputy Director of Public Works/City
Engineer
Subject:
Resolution Designating Officials Authorized to Apply and Sign for Federal and State Post Disaster Financial
Assistance
FINANCIAL IMPACT: There is no financial impact to the City of Richmond for adopting said resolution.
PREVIOUS COUNCIL
ACTION:
February 20, 2018 – Resolution 7-18 adopted
STATEMENT OF THE
ISSUE:
City staff request that the City Council adopt a resolution designating and authorizing the City Manager, Director of Finance, Director of Public Works, and City Engineer as officials who may apply for federal and state post disaster financial assistance under the California Disaster
Assistance Act.
RECOMMENDED ACTION:
ADOPT a resolution designating and authorizing the City Manager, Director of Finance, Director of Public Works, and City Engineer as officials who may apply for federal and state post disaster financial assistance under the
California Disaster Assistance Act – Public Works
Department (Daniel Chavarria 510-620-5478/Robert
Armijo 510-620-5477).
AGENDA
REPORT
1500
November 7, 2023
DISCUSSION:
The information in this staff report is highlighting the requirement from both the California Governor's Office of Emergency Services and the Federal Emergency Management Agency (FEMA) for the City of Richmond to update its Form 130. This form, known as the "Designation of Applicant's Agent Resolution for Non-State Agencies," is crucial for designating which City officials are authorized to apply for and sign off on federal and state reimbursements following an emergency or disaster situation.
The City of Richmond last updated its Form 130 in 2018 through City Council Resolution No. 7-18. The resolution and the form it authorized had a three-year validity period, which has since expired. The new resolution aims to renew the City’s Form 130, also for a three-year term from the date of its adoption. Unlike the resolution, which speaks generally about the authority granted, the titles of the specific individuals who are designated as authorized agents are detailed in Attachment 3 (i.e., City Manager, Director of Finance, Director of Public Works, and City Engineer). This letter will be issued only after the resolution has been formally adopted by the City Council.
In summary, the update is a routine but important administrative measure to ensure that the City of Richmond remains eligible for crucial post-disaster funding from federal and state sources. The renewal of Form 130 will specify which officials can act on behalf of the City in these matters for the next three years following its adoption.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Designating Officials Authorized to Apply and Sign for Federal and State Post Disaster Financial Assistance
Attachment 2 – Form 130
Attachment 3 – List of Agents
Attachment 4 – Letter to OES w/designated employees
1501
Reso. No. xx-23
RESOLUTION NO. xx-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, DESIGNATING OFFICIALS THAT ARE AUTHORIZED TO
EXECUTE AND SUBMIT AN APPLICATION FOR FEDERAL AND STATE
FINANCIAL ASSISTANCE FOR POST DISASTER MITIGATION UNDER THE
NATUAL DISASTER ASSISTANCE ACT
BE IT RESOLVED, by the City Council of the City of Richmond that the individuals holding the position titles listed below are hereby authorized to execute for, and submit on behalf of, the City of Richmond, a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act:
1. City Manager
2. Director of Finance
3. Director of Public Works
4. City Engineer
BE IT FURTHER RESOLVED, that the City of Richmond, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the California Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
BE IT FURTHER RESOLVED, that this is a universal resolution and is effective for all open and future disasters up to three years following the date of approval below.
*************************
1502
Reso. No. xx-23
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held November 7, 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 : ss.
City of Richmond }
I, Pamela Christian, duly appointed and City Clerk of the City of Richmond, do hereby certify that the above is a t rue and correct copy of Resolution No. xx-23 passed and approved by the City Council of the City of Richmond on October 17, 2023. 1503
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No: ______________________ Cal OES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 23 .
(Signature) (Title)
Cal OES 130 (Rev.9/13) Page 1
City Council
City of Richmond
City Manager
Director of Finance
Director of Public Works
City of Richmond
City of Richmond
17th
October
23 Pamela Christian, Clerk of the City of Richmond
Eduardo Martinez, Mayor of the City of Richmond
Dave Aleshire, City Attorney of the City of Richmond
Pamela Christian
City Clerk
City of Richmond
City Council
City of Richmond
17th
October
1504
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A
Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resol ution is older than three (3) years from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California .
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section:
1. T itles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title . If “Titles Only” is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body ’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position lis
ted on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Author ized Agents, and a minimum of two or more approving board members need to be listed.
Certification Section:
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as S ecretary to the Board (not City Manager) to eliminate “Self Certification.”
Cal OES 130 (Rev.9/13) Page 2
1505
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
LIST OF AUTHORIZED AGENTS
OES-FPD-012 (Rev. 09-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
List of Authorized Agents
Entity Name:
Cal OES ID:
• Enter each Authorized Agent (AA) as listed on the Designation of Applicant's Agent Resolution (Cal OES 130) for Non-State Agencies or as it appears on the Signature Authority (Cal OES 130SA) for California State Agencies. • Check box to receive electronic copies of Cal OES Notification of Obligation and/or Payment packages. (Minimum 1 AA.) • Email addresses must use an email that shares the official entity URL.
Authorized Agent Name Authorized Agent Title Email Address Email
Pkg?
•An Approved Contact may be designated by an AA to request or receive information on grant payment status. Add them by inputting their information below. (Ex. Accounting/Admin offices) Must use an official email URL.
Approved Contact Name Approved Contact Title Email Address Email
Pkg?
Please use a second page if more space is needed.
OES-FPD-012 Rev. 09-2022
City of Richmond
Shasa Curl
City Manager
450 Civic Center Plaza, Richmond, CA 94804
Andrea Miller
Director of Finance
450 Civic Center Plaza, Richmond, CA 94804
Daniel Chavarria
Director of Public Works
450 Civic Center Plaza, Richmond, CA 94804
Robert Armijo
City Engineer
450 Civic Center Plaza, Richmond, CA 94804
1506
450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 307-8091 Fax: (510) 307-8116 www.ci.richmond.ca.us
PUBLIC WORKS DEPARTMENT
November 8, 2023
Ms. Marjorie Rogers
Staff Services Analyst, Grants Processing Unit
Recovery Section, Public Assistance Division
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
[email protected]
(916) 845-8110
Dear Ms. Rogers,
Following are the names of the Authorized Agents accompanying the titles of the Authorized Agents listed in the Universal Resolution approved by Richmond City Council on November 7, 2023.
City Manager – Shasa Curl ([email protected]) Finance Director – Andrea Miller ([email protected]) Director of Public Works – Daniel Chavarria
City Engineer – Robert Armijo ([email protected])
Please contact me at (510) 620-5478 or [email protected] if you have any questions.
Sincerely,
Daniel Chavarria
Director of Public Works
Attachment Resolution No. xx-23
1507
November 7, 2023
Public Works
DATE: November 7, 2023
TO: Mayor Eduardo Martinez and Members of the City Council FROM:
Daniel Chavarria, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Josef Munoz, Capital Projects Manager
Subject:
Transportation Development Act (TDA) Grant Contract
with SOS! Richmond for the Richmond Ferry to Bridge
Bicycle & Pedestrian Network Improvements Projects
FINANCIAL IMPACT: The proposed grant funds of $30,000 were awarded from the TDA grant program. No matching funds are required
and there is no financial impact to the General Fund.
PREVIOUS COUNCIL
ACTION:
June 7, 2022
STATEMENT OF THE
ISSUE:
Public Works is requesting City Council approval of the contract with SOS! Richmond to provide Richmond
Greenway maintenance as the previous contract was not
fully executed.
RECOMMENDED ACTION:
APPROVE a contract with SOS! Richmond, in the
amount of $30,000, to provide maintenance for the
Richmond Greenway through June 30, 2024, and comply
with requirements under the Transportation Development
Act (TDA) Grant issued to the City of Richmond for
Bicycle & Pedestrian Improvements – Public Works
Department (Robert Armijo 510-620-5477/Josef Munoz
510-620-6671).
AGENDA
REPORT
1508
November 7, 2023
DISCUSSION:
In November 2020, City staff collaborated with the Richmond Bicycle/Pedestrian Advisory Committee to submit a project application for the 2021-22 Transportation Development Act Article 3 (TDA 3) fund. The project includes a two-year bicycle safety education program with Bike East Bay and maintenance of the entire Richmond Greenway with Safe Organized Spaces Richmond (SOS! Richmond).
In February 2021, City Council adopted a resolution authorizing a request to the Metropolitan Transportation Commission for the allocation of fiscal year 2021-22 TDA 3 pedestrian/bicycle project funding and accepted and appropriated the grant funds for the successful application.
On June 7, 2022, City Council approved two grant-funded Transportation Development Act (TDA) contracts. One contract was with Bike East Bay and provided two years of bicycle safety education in an amount not to exceed $25,000. Another contract was approved with SOS! Richmond and provided one-year of maintenance of the Richmond Greenway in an amount not to exceed $30,000. The SOS! Richmond original contract term was to commence on July 1, 2022, and end on June 30, 2023.
The contract with SOS! Richmond was never fully executed as it was not signed by the former mayor. Approval from City Council is necessary to create a new contract with SOS! Richmond with an updated term to comply with the requirements of the TDA grant and not lose funding. Failure to comply could result in the City of Richmond repaying $178,400 in grant funds.
The terms and conditions of the grant are still valid. Eligible costs must be incurred on or before June 30, 2024. Funds not drawn by September 30, 2024, revert to the fund.
No matching funds are required and there is no financial impact to the General Fund.
The Richmond Greenway is a treasured walking, biking, and recreational path running through the heart of Richmond, but the serious problems of illegal dumping and homelessness, and the lack of maintenance, especially litter removal, threaten the viability of this public space and active transit corridor. Volunteers and non-profit groups who try to activate the Greenway often spend more time picking up trash than running their engagement programs. SOS! Richmond is a community network that engages with, provides stipends to, and employs leaders of the unsheltered community to self- manage shared public spaces. Fiscally sponsored by Richmond Friends of Recreation, SOS! Richmond deploys its teams throughout Richmond. The Greenway is an excellent candidate for deepening its partnership with Friends of the Richmond Greenway and City of Richmond Parks & Landscaping Division. With this contract, the SOS! Richmond team will increase their presence at the Greenway between 2nd Street and San Pablo Avenue to provide regular trash clean-up, security, and community engagement to deter unsafe trail conditions.
1509
November 7, 2023
DOCUMENTS ATTACHED:
Attachment 1 – Contract SOS! Richmond
Attachment 2 – Council Minutes June 7, 2022
Attachment 3 – Minutes from February 16, 2021 Council Meeting Attachment 4 – Resolution 15-21 Authorizing Funding Request Attachment 5 – County Resolution
1510
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: Contract No/P.O:
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.
1511
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
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EXHIBIT A
SERVICE PLAN
Contractor
shall, to the satisfaction of the , perform the
following services and be compensated as outlined below:
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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. 1514
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EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1516
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. 1517
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make 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. 1518
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 1519
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability
. Contractor acknowledges, represents and warrants
that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default
. Notwithstanding any provision herein to the
contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest
. Contractor acknowledges, represents and warrants
that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification
.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1521
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 1522
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 1523
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1524
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 1526
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest
. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance
.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 1528
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):
1529
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)
1530
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.
1531
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 1533
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
1534
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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October 2014 TDA Article 3 Model Resolution for Claimants Page 1 TDA Article 3 Project Application Form
Fiscal Year of this Claim: 21/22 Applicant: City of Richmond Contact person: Patrick Phelan
Mailing Address: 450 Civic Center Plaza, Richmond, CA 94804 E-Mail Address: [email protected] Telephone: 510-307-8111 Secondary Contact (in event primary not available) Tawfic N. Halaby E-Mail Address: [email protected] Telephone: 510-621-1612 Short Title Description of Project: Richmond Greenway Rehabilitation & Richmond Bicycle Safety Education Project Amount of claim: $100,000
Functional Description of Project:
The City of Richmond and the Richmond Bicycle/Pedestrian Advisory Committee (R-BPAC) propose a three-part project including bicycle safety education with Bike East Bay, maintenance of the Richmond Greenway in collaboration with Safe Organized Spaces Richmond (SOS! Richmond), and the rehabilitation of a critical segment of the Richmond Greenway where it is bisected by an underpass and railroad tracks. The project proposal was developed during three R-BPAC meetings, where members felt that the City should take advantage of the TDA3 program’s rare opportunity to fund bicycle safety education programming and multi-use path maintenance, in addition to a small construction project. Bike East Bay staff assist Richmond in multiple ways and regularly attend R-BPAC meetings. However, most of Bike East Bay’s award-winning education programming is currently based in Alameda County, with little education funding specifically for Contra Costa County. These grant funds would bring important programming to Richmond, providing one-on-one support and encouragement for residents to take advantage of the investments being made in active transportation infrastructure.
The Richmond Greenway is a 2.4 mile long multi-use path running in a former railroad right-of-way through the heart of Richmond. In 2019, a 3,000 foot long cycle track was added to the west end of the Greenway along a large unused railroad property, functionally extending the Greenway to connect with the San Franciso Bay Trail along the Richmond Parkway. Along the Greenway corridor are parks, playgrounds, community gardens, green infrastructure elements, native landscaping, and a bicycle skills park. The serious problems of illegal dumping and homelessness, and the lack of maintenance, especially litter removal, threaten the viability of this public space and active transit corridor. Volunteers and non-profit groups spend more time picking up trash than running their engagement programs. SOS! Richmond is a community network that engages with, provides stipends to, and employs leaders of the unsheltered community to self-manage shared public spaces. Fiscally sponsored by Richmond Friends of Recreation, SOS deploys its teams throughout greater Richmond. The Greenway is an excellent candidate for deepening its partnership with Friends of the Richmond Greenway (FORG) and City of Richmond Parks & Landscaping Division. SOS would help maintain the entire length of the Greenway including the cycle track extension.
A gap in the Greenway remains between 23rd Street and Carlson Blvd, where pedestrians and bicyclists must make a number of turns on city streets and through an underpass to get around the railroad tracks. At the corner of Ohio Ave and 23rd St, an undersized and failing sidewalk must be used to access the Greenway and Dirt World, a 2-acre free, public bicycle terrain park along the Greenway. Dirt World and its creators are frequent City and R-BPAC collaborators. The portion of the Greenway multi-use path along Dirt World is deteriorating and needs to be rehabilitated, contiguous with the failing sidewalk. These funds will improve safety and comfort along the path; will allow Dirt World to focus their efforts on the bike skills park itself; and will improve access to the Greenway at a critical junction with city streets.
Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3.
Project Elements: Bicycle Safety Education, Multi-Use Path Maintenance, Multi-Use Path Construction
Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $100,000 $100,000
list all other sources:
1. Local Funds $27,310 $27,310
Totals $127,310
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated).
NO –
2/16/2021
B. Has this project previously received TDA Article 3 f unding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safe ty design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).
YES
D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the YES 1549
October 2014 TDA Article 3 Model Resolution for Claimants Page 2 project was reviewed by the BAC:_11/9/2020, 12/14/2020, 1/11/2021_______________________________ E. Has the public availability of the environmental complianc e documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction).
YES
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) December 2023
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
Safe Organized Spaces Richmond )
YES
1550
640 LF
OVERLAY
200 LF
REMOVE &
REPLACE
Greenway Continues
Dirt World
UP RR
BART
CARLSON BLVD
S 23RD ST
BROADWAY
20TH ST
OHIO AVE
RICHMOND GREENWAY
23RD
ST
21ST ST
S 22ND ST
S 21ST ST
S 20TH ST
RICHMOND
RICHMOND GREENWAY
MAINTENANCE LIMITS
EL
CERRITO
80 580
Ohlone Greenway
RICHMOND GREENWAY
REHABILITATION
1 Inch = 125 Feet
0 75 150
Feet
Legend
Class 1 Path
Class 4 Cycle Track
Property Lines
1551
SCOPE OF WORK
Bicycle Safety Education
City of Richmond will contract with Bike East Bay for a two‐year bicycle safety education program consisting of four 1‐hour workshops, one adult learn‐to‐ride class, and four family cycling workshops. 1‐Hour Workshop: These sessions go in‐depth with a certified instructor on a specific topic such as avoiding bike theft, riding after dark, bike‐friendly driver classes, or basic bike mechanics. 1‐hour, classroom or virtual webinar workshop. Average attendance: 10. Instruction hours: 1. Number of Instructors: 1
Learn‐to‐Ride for Adults: For adults or teens who have either not yet learned how to ride a bike, or did a long time ago but want a refresher on the basics of balancing, pedaling and steering. Our instructors are friendly, patient, and will help everyone get off to a great start in a secure, non‐judgmental environment. 3‐hour, outdoor workshop for adults and teens, bike and helmet required. Bikes are provided for a rental fee to participants who need them. Average attendance: Normally 12, or 8 under covid protocols. Instruction hours: 3. Number of Instructors: Normally 4; under covid protocols: 3.
Family Cycling Workshop: This event is for kids who are able to ride a bike and ready to take to the roads and pathways with their parents. The class includes a day of fun games, skills building, and a neighborhood ride. Parents and kids attend together. Outdoor session for adults and youth in grades 2‐6 (approx.). Can be provided as a standalone class with attendees bringing their own bikes and helmets (Family Cycling Workshop) or as part of a community festival or other event with youth loaner bikes and helmets provided (Family Cycling Rodeo). Average attendance: Normally 25; under covid protocols: 15.
Instruction hours: 3. Number of Instructors: Normally 4; under covid protocols: 3.
Richmond Greenway Maintenance
Safe Organized Spaces Richmond (SOS! Richmond) successfully operates programs by partnering housed and unsheltered residents to work together on neighborhood conditions across greater Richmond. Its Streets Team responds to problems of illegal dumping, trash and homeless encampments. SOS! staff members, all of whom are homeless, travel to various encampments and conduct outreach to remove debris, model appropriate sanitation, and engage with unsheltered individuals to build leaders who conduct public space stewardship. The Streets Team enjoys support from community members, public agencies, civic groups and nonprofits across Richmond.
The Streets Team was piloted on the Richmond Greenway for six months beginning in January 2020.
Survey reporting from Richmond Greenway park users indicated that people are often deterred from using the Greenway’s pedestrian and bike trail due to unsafe conditions and unintended uses at key locations along the corridor. The project demonstrated an effective low‐infrastructure model to mitigate these problems, and in June 2020 these essential services expanded throughout greater Richmond.
The SOS team of unsheltered volunteers and employees will increase their presence at the Greenway to provide regular trash cleanup, security, and community engagement to deter unsafe trail conditions.
The team initiates opportunities for unsheltered volunteers to train for advancement as employees on a homeless team of professionals to contribute their local neighborhood knowledge and cultural competencies for improving the Greenway for all park users. 1552
The intervention strategy for park maintenance: Engage with potential leaders; Pass out bags, lead cleanup activities, and develop a predictable cleanup and haul away pattern; Incentivize leaders to sustain their stable, consistent, and accountable stewardship of the Greenway and prevent or mitigate illegal dumping; Bring additional amenities that help unsheltered populations to stably shelter in place and effectively co‐exist with traditional park users.
Richmond Greenway Multi‐Use Path Rehabilitation
City street paving crews will rehabilitate 640 linear feet of the existing multi‐use path along the Dirt World bike park between 20th Street and 23rd Street. Asphalt is cracking and pavement markings have disappeared. The 2” asphalt overlay will also slightly raise the elevation of the path which will help with periodic ponding and flooding issues.
At the end of the multi‐use path at 23rd Street, a 5 foot wide sidewalk connects the path to Espee Ave on the north side and Ohio Ave on the south. This narrow path does not constitute a legitimate bicycling route and moreover, it is subsiding and shifting, making it potentially dangerous and definitely ADA non‐ compliant. City will hire one of its on‐call concrete contractors to remove 200 feet of sidewalk and replace with a 10‐foot wide asphalt multi‐use path. A short section near Ohio Ave will remain because that section has not shifted and it would be complicated to widen. This sidewalk path is not just a side connection to but is an important component in traversing the gap in the Richmond Greenway between 23rd Street and Carlson Blvd.
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COST ESTIMATE
Richmond Greenway Rehabilitation Bicycle Safety Education Project
ITEM UNIT COST UNITS TOTAL
1‐Hour Workshop class 600 $ 4 2,400$
Adult Learn‐to‐Ride class 5,800 $ 1 5,800$
Family Cycling class 4,200 $ 4 16,800$
25,000$
6,370$
6,448$
8,640$
3,000$
1,615$
1,200$
27,273$
2,727$
30,000$
LABOR 3,510 $
EQUIPMENT 7,680$
MATERIALS 6,177 $
Sub‐Subtotal Richmond Greenway Multi‐Use Path Rehabilitation 17,367$
ITEM UNIT COST UNITS TOTAL
Mobilization LS 4,000 $ 1 4,000$
Sidewalk Removal SF 11 $ 1000 11,000$
Soil Excavation CY 225 $ 60 13,500$
Class II Aggregate Base CY 175 $ 40 7,000$
Hot Mix Asphalt TON 429 $ 30 12,870$
Sub‐Subtotal Richmond Greenway Path Widening 48,370$
Sub‐Total Construction (including 10% Contingency) 72,310.15$ Grand Total Education + Maintenance + Construction 127,310$ 2 Safety Guardians @ $360/month x 12 months
Director @ 5% FTE
Subtotal Bicycle Safety Education Program
Bicycle Safety Education Program
Richmond Greenway Maintenance
Field Supervisor @ 7 hrs/week x $17.50 x 52 weeks
1 Streets Team member @ 8 hrs/week x $15.50 x 52 weeks
Richmond Greenway Path Widening
Richmond Greenway Multi‐Use Path Rehabilitation
Equipment and supplies
Taxes @ 15%
Subtotal
Nonprofit Management @ 10%
Subtotal Richmond Greenway Maintenance
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Reso. No. xx-19
RESOLUTION NO. xxx-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING A
REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2021-22 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING
AND TO ACCEPT AND APPROPRIATE THE FUNDS SHOULD THE GRANT BE
AWARDED
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay Region; and
WHEREAS, the City of Richmond desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; and
WHEREAS, the project has been crafted in collaboration with and approved by the Richmond Bicycle/Pedestrian Advisory Committee; and
WHEREAS, the project is consistent with the City’s Bicycle Master Plan; and
WHEREAS, Bike East Bay is the established leader in bicycle safety training classes throughout the East Bay; and
WHEREAS, Safe Organized Spaces Richmond (SOS! Richmond) successfully operates programs by partnering housed and unsheltered residents to work together on neighborhood conditions across Richmond including illegal dumping, trash, and homeless encampments; and
NOW, THEREFORE, BE IT RESOLVED that the City of Richmond declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Richmond to carry out the project; and
BE IT FURTHER RESOLVED that the City of Richmond attests to the accuracy of and approves the statements in Attachment A to this resolution; and
BE IT FURTHER RESOLVED that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim; and
BE IT FURTHER RESOLVED that the City Council of the City of Richmond, authorizes the City Manager, or designee, to execute all Agreements and any amendments 1555
Reso. No. xx-19
thereto with the Metropolitan Transportation Commission and to execute agreements with the identified project partners to complete the grant funded project; and
BE IT FURTHER RESOLVED the City Council of the City of Richmond accepts and appropriates the grant award for the City of Richmond Fiscal Year 2021-22 budget, should the grant be awarded.
*************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held February 16, 2021, 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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Reso. No. xx-19
Attachment A
REQUEST TO THE METROPOLITAN TRANSPORTATIO COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2021-22 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING
Findings
1. That the City of Richmond is not legally impeded from submitting a request to the Metropolitan Transportation Commission fo r the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Richmond legally impeded from undertaking the project described in “Attachment B” of this resolution.
2. That the City of Richmond has committed ade quate staffing resources to complete the project described in Attachment B.
3. A review of the project described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project.
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopa rdize the deadline for the use of the TDA funds being requested.
5. That the project described in Attachment B complies with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description of the project in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project.
7. That the project described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycl e lanes; and/or for the development or support of a bicycle sa fety education program; and/or for the development of a comprehensive bicycle and/ or pedestrian facili ties plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Richmond within the prior five fiscal years.
8. That the project described in Attachment B is included in a loca lly approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.
9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual.
10. That the project described in Attachment B will be completed before the funds expire.
11. That the City of Richmond agrees to mainta in, or provide for the maintenance of, the project and facilities described in Attachment B, for the benefit of and use by the public. 1557
Reso. No. xx-19
Attachment B
REQUEST TO THE METROPOLITAN TRANSPORTATIO COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2021-22 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING
Application Form
Fiscal Year of this Claim: FY 21/22 Applicant: City of Richmond Contact person: Patrick Phelan
Mailing Address: 450 Civic Center Plaza, Richmond, CA 94804 E-Mail Address: [email protected] Telephone: (510) 307-8111 Secondary Contact (in event primary not available): Tawfic N. Halaby E-Mail Address: [email protected] Telephone: (510) 621-1612 Short Title Description of Project: Richmond Greenway Rehabilitation & Richmond Bicycle Safety Education Project Amount of claim: $ 100,000
Functional Description of Project:
The City of Richmond and the Richmond Bicycle/Pedestrian Advisory Committee (R-BPAC) propose a three- part project including bicycle safety education with Bike East Bay, maintenance of the Richmond Greenway in collaboration with Safe Organized Spaces Richmond (SOS! Richmond), and the rehabilitation of a critical segment
of the Richmond Greenway where it is bisected by an underpass and railroad tracks. The project proposal was developed during three R-BPAC meetings, where members felt that the City should take advantage of the TDA3 program’s rare opportunity to fund bicycle safety education programming and multi-use path maintenance, in addition to a small construction project. Bike East Bay staff assist Richmond in multiple ways and regularly attend R-BPAC meetings. However, most of Bike East Bay’s award-winning education programming is currently based in Alameda County, with little education funding specifically for Contra Costa County. These grant funds would bring important programming to Richmond, providing one-on-one support and encouragement for residents to take advantage of the investments being made in active transportation infrastructure.
The Richmond Greenway is a 2.4 mile long multi-use path running in a former railroad right-of-way through the heart of Richmond. In 2019, a 3,000 foot long cycle track was added to the west end of the Greenway along a large unused railroad property, functionally extending the Greenway to connect with the San Franciso Bay Trail along the Richmond Parkway. Along the Greenway corridor are parks, playgrounds, community gardens, green infrastructure elements, native landscaping, and a bicycle skills park. The serious problems of illegal dumping and homelessness, and the lack of maintenance, especially litter removal, threaten the viability of this public space and active transit corridor. Volunteers and non-profit groups spend more time picking up trash than running their engagement programs. SOS! Richmond is a community network that engages with, provides stipends to, and employs leaders of the unsheltered community to self-manage shared public spaces. Fiscally sponsored by Richmond Friends of Recreation, SOS deploys its teams throughout greater Richmond. The Greenway is an excellent candidate for deepening its partnership with Friends of the Richmond Greenway (FORG) and City of Richmond Parks & Landscaping Division. SOS would help maintain the entire length of the Greenway including the cycle track extension.
A gap in the Greenway remains between 23rd Street and Carlson Blvd, where pedestrians and bicyclists must make a number of turns on city streets and through an underpass to get around the railroad tracks. At the corner of Ohio Ave and 23rd St, an undersized and failing sidewalk must be used to access the Greenway and Dirt World, a 2-acre free, public bicycle terrain park along the Greenway. Dirt World and its creators are frequent City and R-BPAC collaborators. The portion of the Greenway multi-use path along Dirt World is deteriorating and needs to be rehabilitated, contiguous with the failing sidewalk. These funds will improve safety and comfort along the path; will allow Dirt World to focus their efforts on the bike skills park itself; and will improve access to the Greenway at a critical junction with city streets.
Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3.
Project Elements: Bicycle Safety Education, Multi-Use Path Maintenance, Multi-Use Path Construction
Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $ 100,000 $ 100,000
list all other sources:
1. Local Funds $27,310 $27,310
Totals $127,310
Project Eligibility: YES/NO
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated).
NO –
2/16/2021
B. Has this project previously received TDA Article 3 f unding? If "YES," provide an explanation on a separate page. NO 1558
Reso. No. xx-19
C. For "bikeways," does the project meet Caltrans minimum safe ty design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).
YES
D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: __11/9/2020, 12/14/2020, 1/11/2021________________________________ YES
E. Has the public availability of the environmental complianc e documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction).
YES
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) _____December, 2023
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
Safe Organized Spaces Richmond )
YES
1559
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Audit Requirement
In January of 2019, City of Richmond staff contacted MTC staff via telephone to inquire on the audit requirement. City staff was informed the City is clear to submit this grant application.
1561
PHOTOS
Bike East Bay Urban Cycling Road Class
1562
SOS! Richmond at work on the Richmond Greenway
Before
After
1563
Trash and Illegal Dumping on the Richmond Greenway
1564
Cycle track extending Richmond Greenway on West Ohio Ave
1565
Multi‐use path and sidewalk rehabilitation
Richmond Greenway at 23rd Street facing west
Richmond Greenway at 20th Street facing east
1566
Looking north along sidewalk leading from Ohio Ave to Richmond Greenway
Looking south from end of Greenway along sidewalk leading to Ohio Ave
1567
January 28, 2021
Laura Snideman
City Manager
City of Richmond
Dear Ms. Snideman,
The Richmond Bicycle/Pedestrian Advisory Committee (R‐BPAC) supports the City of Richmond’s application for the 2021/2022 Transportation Development Act (TDA) Article 3 fund. Because this grant program provides funding for a variety of purposes, Richmond proposes a project that includes bicycle
safety education with Bike East Bay, maintenance of the Richmond Greenway in collaboration with Safe Organized Spaces Richmond (SOS! Richmond), and the rehabilitation of a segment of the Richmond Greenway multi‐use path. City staff presented several infrastructure, maintenance, and programmatic ideas to the R‐BPAC where these ideas were explored, vetted, and decided upon in a collaborative process over several meetings.
As R‐BPAC understands, opportunities to fund education and maintenance are rare. Both the lack of bicycle safety education and multi‐use path maintenance are serious issues in Richmond. The City has made significant investments in improving active transportation infrastructure in the ten years since Richmond Bicycle Master Plan was created ‐ creating this plan was one of the first projects the R‐BPAC took on. But physical changes alone cannot create a safe environment for new or less‐confident bike riders. Having bicycle safety education programming tailored to the City’s needs will go a long way to encourage more local residents to try out bike lanes and paths. Bike East Bay is a logical partner, as they are the established leader in bicycle safety education throughout the East Bay, and Bike East Bay staff attend R‐BPAC meetings and provide support to the group and the City in multiple ways.
The Richmond Greenway is a treasured walking, biking, and recreational path running east‐west through the heart of Richmond. Along the corridor are parks, playgrounds, community gardens, green infrastructure elements, native landscaping, and a bicycle skills park. The serious problems of Illegal
dumping and homelessness, and the lack of maintenance, especially litter removal, threaten the viability of this public space and active transit corridor. BPAC members have heard that some bicyclists have biked up the Ohlone Greenway, crossed over San Pablo Ave via the recently built traffic signal, and promptly turned around due to the broken glass and unsightly conditions on the Richmond Greenway. 1568
SOS! Richmond is a community network that engages with, provides stipends to and employs leaders of the unsheltered community to self‐manage shared public spaces and already has experience working on the Greenway. These maintenance funds would allow for a deepening of its partnership with Friends of the Richmond Greenway (FORG) and City of Richmond Parks & Landscaping.
The first bike park in the East Bay, Dirt World is a 2‐acre free, public bicycle terrain park on the Richmond Greenway between 20th and 23rd Streets. Dirt World and its creators are frequent City and R‐ BPAC collaborators. The portion of the multi‐use path in the vicinity of Dirt World is deteriorating and needs to be rehabilitated, which will improve safety and comfort along the path and will allow Dirt World to focus their improvement efforts on the bike skills park itself.
The Richmond Bicycle/Pedestrian Advisory Committee urges the Contra Costa County reviewing committee to consider this multi‐benefit proposal which was crafted in part by our organization. If awarded, this funding could create city‐wide educational programming, create local jobs for an underserved community, help clean and maintain the Richmond Greenway, and improve a section of the Richmond Greenway multi‐use path.
Sincerely,
Tawfic N. Halaby
Richmond Bicycle/Pedestrian Advisory Chair
1569
January 25, 2021
Laura Snideman, City Manager
City of Richmond
Dear Ms. Snideman,
The Friends of Dirt World is pleased to offer our support for the City of Richmond’s application for the 2021/2022 Transportation Development Act (TDA) Article 3 fund. We understand that Richmond is proposing a project that includes bicycle safety education with Bike East Bay, maintenance of the Richmond Greenway in collaboration with Safe Organized Spaces Richmond (SOS! Richmond), and the rehabilitation of a segment of the Richmond Greenway multi-use path at Dirt World (20th to 23rd Street).
We appreciate this opportunity to explore and develop ideas in a collaborative process.
In partnership with the Friends of the Richmond Greenway (FORG), the City of Richmond and R-BPAC, we have worked very hard to design and build Dirt World, a bmx bike park, on our adopt-a-spot on the Greenway. With an average of 75 visitors a day, and an active volunteer group, we have successfully activated this segment of the greenway, providing a clean, green, safe space for Bay Area youth and families to enjoy positive, outdoor experiences. Dirt World is the only bike park in the East Bay, and provides a unique recreational opportunity for local residents who are not able to travel further away visit to bike parks and regional trails.
Because bike riders visit Dirt World from all over the region, we want people to feel welcome and safe, and we want to represent Richmond in the best possible light. Illegal dumping, encampments, and biohazards have been a real challenge at our site on the Richmond Greenway, and this grant would allow our volunteers to focus on maintenance of the recreational bike facility. The proposed solution helps SOS participants get back on their feet by providing paid work for stewardship on the Richmond Greenway, and helps keep the parks along the greenway safe and clean. Also, the class I multi-use Richmond Greenway Trail along our segment is in poor condition and does not meet ADA accessibility standards.
Thanks to an ECIA grant and private donations, we completed the first phase of construction of the bmx facility in 2018. The Watershed Project recently received a $400k Urban Greening Grant from the Coastal Conservancy, so investment in the trail infrastructure of this segment of the greenway allows us to leverage that funding for an amazing park! The Friends of Dirt World appreciates that this funding could create city-wide educational programming, create local jobs for an underserved community, help clean and maintain the Richmond Greenway, and improve a section of the Richmond Greenway multi-use path.
Sincerely,
Jeanine Strickland, Landscape Architect
on behalf of the Dirt World Crew
1570
January 26, 2021
Laura Snideman
City Manager
City of Richmond
Dear Ms. Snideman,
Pogo Park supports the City of Richmond’s application for the 2021/2022 Transportation Development Act (TDA) Article 3 fund. Because this grant program provides funding for a variety of purposes, Richmond proposes a project that includes bicycle safety education with Bike East Bay, maintenance of the Richmond Greenway in collaboration with Safe Organized Spaces Richmond (SOS! Richmond), and the rehabilitation of a segment of the Richmond Greenway multi-use path. City staff presented several infrastructure, maintenance, and programmatic ideas to the Richmond Bicycle/Pedestrian Advisory Committee (R-BPAC), where these ideas were explored, vetted, and decided upon in a collaborative process.
The City of Richmond and R-BPAC accomplish many common goals by partnering with other local organizations and non-profits. Bike East Bay staff attend R-BPAC meetings and advise City staff on project design, active transit policies, and community outreach. Bike East Bay's award-winning education program has provided free classes to tens of thousands of adults, youth, and families in multiple languages over two decades. However, much of this programming is currently based in Alameda County, with little education funding specifically for Contra Costa County. These grant funds would bring important programming to Richmond, providing one-on-one support and encouragement for residents to take advantage of the investments being made in active transportation infrastructure.
The Richmond Greenway is a 2.4 mile long multi-use path running in a former rail right-of-way through the heart of Richmond. Along the corridor are parks, playgrounds, community gardens, green infrastructure elements, native landscaping, and a bicycle skills park. The serious problems of Illegal dumping and homelessness, and the lack of maintenance, especially litter removal, threaten the viability of this public space and active transit corridor. Volunteers and non-profit groups spend more time picking up trash than running their engagement programs. SOS! Richmond is a community network that engages with, stipends and employs leaders of the unsheltered community to self-manage shared public spaces. Fiscally sponsored by Richmond Friends of Recreation, SOS deploys its teams throughout greater Richmond. The Greenway is an excellent candidate for deepening its partnership with Friends of the Richmond Greenway (FORG) and City of Richmond Parks & Landscaping. 1571
The first bike park in the East Bay, Dirt World is a 2-acre free, public bicycle terrain park on the Richmond Greenway between 20th and 23rd Streets. Dirt World and its creators are frequent City and R- BPAC collaborators. The portion of the multi-use path in the vicinity of Dirt World is deteriorating and needs to be rehabilitated, which will improve safety and comfort along the path and will allow Dirt World to focus their improvement efforts on the bike skills park itself.
Pogo Park appreciates that Contra Costa County provides TDA funding for construction, education, maintenance and planning, and encourages the involvement of local BPACs. If awarded, this funding could create city-wide educational programming, create local jobs for an underserved community, help clean and maintain the Richmond Greenway, and improve a section of the Richmond Greenway multi- use path.
Sincerely,
Toody Maher
Executive Director
1572
January 27, 2021[a]
Laura Snideman
City Manager
City of Richmond
Dear Ms. Snideman,
Rich
City
Rides
supports
the
City
of
Richmond’s
application
for
the
2021/2022
Transportation
Development
Act
(TDA)
Article
3 fund.
Because
this
grant
program
provides
funding
for
a
variety
of
purposes,
Richmond
proposes
a
project
that
includes
bicycle
safety
education
with
Bike
East
Bay,
maintenance
of
the
Richmond
Greenway
in
collaboration
with
Safe
Organized
Spaces
Richmond
(SOS!
Richmond),
and
the
rehabilitation
of
a
segment
of
the
Richmond
Greenway
multi-use
path.
City
staff
presented
several
infrastructure,
maintenance,
and
programmatic
ideas
to
the
Richmond
Bicycle/Pedestrian
Advisory
Committee
(R-BPAC),
where these ideas were explored, vetted, and decided upon in a collaborative process.
The
City
of
Richmond
and
R-BPAC
accomplish
many
common
goals
by
partnering
with
other
local
organizations
and
nonprofits.
Bike
East
Bay
staff
attend
R-BPAC
meetings
and
advise
City
staff
on
project
design,
active
transit
policies,
and
community
outreach.
Bike
East
Bay's
award-winning
education
program
has
provided
free
classes
to
tens
of
thousands
of
adults,
youth,
and
families
in
multiple
languages
over
two
decades.
However,
much
of
this
programming
is
currently
based
in
Alameda
County,
with
little
education
funding
specifically
for
Contra
Costa
County.
These
grant
funds
would
bring
important
programming
to
Richmond,
providing
one-on-one
support
and
encouragement
for
residents
to
take
advantage
of
the
investments being made in active transportation infrastructure.
The
Richmond
Greenway
is
a
2.4-mile-long
multi-use
path
running
in
a
former
rail
right-of-way
through
the
heart
of
Richmond.
Along
the
corridor
are
parks,
playgrounds,
community
gardens,
green
infrastructure
elements,
native
landscaping,
and
a
bicycle
skills
park.
The
serious
problems
of
Illegal
dumping
and
homelessness,
and
the
lack
of
maintenance,
especially
litter
removal,
threaten
the
viability
of
this
public
space
and
active
transit
corridor.
Volunteers
and
non-profit
groups
spend
more
time
picking
up
trash
than
running
their
engagement
programs.
SOS!
Richmond
is
a
community
network
that
engages
with,
stipends
and
employs
leaders
of
the
unsheltered
community
to
self-manage
shared
public
spaces.
Fiscally
sponsored
by
Richmond
Friends
of
Recreation,
SOS
deploys
its
teams
throughout
greater
Richmond.
The
Greenway
is
an
excellent
candidate
for
deepening
its
partnership
with
Friends of the Richmond Greenway (FORG) and City of Richmond Parks & Landscaping.
The
first
bike
park
in
the
East
Bay,
Dirt
World
is
a
2-acre
free,
public
bicycle
terrain
park
on
the
Richmond
Greenway
between
20th
and
23rd
Streets.
Dirt
World
and
its
creators
are
frequent
City
and
R-BPAC
collaborators.
The
portion
of
the
multi-use
path
in
the
vicinity
of
Dirt
World
is
deteriorating
and
needs
to
be
rehabilitated,
which
will
improve
safety
and
comfort
along
www.richcityrides.org
| Rich City Rides | 323 brookside drive, richmond ca 94801 | 510.255.0625 | [email protected]
1573
the
path
and
will
allow
Dirt
World
to
focus
their
improvement
efforts
on
the
bike
skills
park
itself.
Rich
City
Rides
appreciates
that
Contra
Costa
County
provides
TDA
funding
for
construction,
education,
maintenance
and
planning,
and
encourages
the
involvement
of
local
BPACs.
If
awarded,
this
funding
could
create
city-wide
educational
programming,
create
local
jobs
for
an
underserved
community,
help
clean
and
maintain
the
Richmond
Greenway,
and
improve a section of the Richmond Greenway multi-use path.
So,
in
conclusion,
we
believe
this
project
is
very
advantageous
and
beneficial
to
the
city
and
its
citizens.
We
have
worked
with
all
of
these
parties,
so
we
know
that
these
funds
will
be
spent
effectively
and
judiciously.
Rich
City
Rides
will
help
and
support
this
grant
in
any
way
we
can.
Yours sincerely,
Najari Smith,
founding executive director of Rich City Rides
Direct # 1-347-721-7295
www.richcityrides.org
| Rich City Rides | 323 brookside drive, richmond ca 94801 | 510.255.0625 | [email protected]
1574
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1576
C ITY OF R ICHMOND B ICYCLE M ASTER P LAN Proposed Bicycle Network | 65
Focus Area 4: Connecting the west and east spans of the Richmond Greenway
The intersections of Carlson Boulevard/Broadway, the railroad tracks, and 23rd Street/Ohio Avenue comprise one of the most significant bar‐ riers on the City’s bicycle network. Located in Central Richmond, just south of the Richmond BART Station and Civic Center area, this site is defined by a series of railroad and BART tracks that restrict bicycle and pedestrian access to key destinations, including the Richmond Greenway, Bay Trail, BART Station and Downtown.
The area’s current configuration provides poor bicycle and pedestrian access. Both 23rd Street and Carlson Boulevard have fast‐moving ve‐ hicle traffic and poor sightlines. At the Carlson Boulevard/Broadway intersection, overhead BART tracks are supported by columns that reduce visibility around the intersection, and at‐grade railroad tracks are a significant barrier to east‐west connections. Additionally, 23rd Street runs below grade in this location, further limiting east‐west access.
As the roadway and railroad track configuration is confusing, bicycl‐ ists and pedestrians would benefit from signage and wayfinding di‐ recting users to surrounding destinations.
The western portion of the Richmond Greenway ends at Ohio Avenue and 23rd Street, where there is little accommodation for bicyclists or pedestrians. To connect to the eastern portion of the Richmond Greenway, users are supposed to travel under the railroad tracks on 23rd Street, and then loop back to the Greenway on Carlson Boule‐ vard. This route is neither direct nor intuitive, and as a result path us‐ ers have often used an unmarked trail across private property and cross the railroad tracks to Carlson Boulevard. Once at Carlson Boule‐ vard, there is no marked crosswalk or signal in this location for bicycl‐ ists and pedestrians to cross safely. Current efforts to fence the rail‐ road tracks may deter people from using the at‐grade crossing route, however the suggested route is not viable and vandalism will likely continue to be an issue along the at‐grade route.
The eastern portion of the Richmond Greenway ends at Carlson Bou‐ levard, where there is no comfortable access to and from the north.
The Greenway entrance lacks a curb cut, so northbound bicyclists ride on the sidewalk, and southbound bicyclists entering the Greenway must cut across several lanes of fast moving traffic. There is also an opportunity to provide a Class I connection along the east side of Carlson Boulevard adjacent to sidewalk, which may require right‐of‐ way acquisition.
In the short ‐term, the following improvements may be considered:
Improve crossings at the Carlson Boulevard/ Broadway/ 22nd Street intersection to create a seamless connection between the Greenway and on‐street facilities. Provide a pedestrian/bicycle actuated signal phase to allow Greenway users to cross diagonally across the intersection.
Construct a Class I spur path along the east side of Carlson Boulevard from the Richmond Greenway to Broadway. Right‐of‐ way acquisition may be necessary.
Install Class II physically separated bike lanes on Carlson Boulevard.
Potential lane narrowing or lane reduction on Carlson Boulevard and S. 23rd Street.
Install a two‐way cycle track adjacent to southbound S. 23rd Street below the railroad tracks. Provide switchback connections to the Greenway at Ohio Avenue on the south end and 22nd Street on the north end.
1577
66 | Proposed Bicycle Network O CTOBER 2011
Install a bike lane along the section of 22nd Street that bridges 23rd Street, from the two‐way cycle track on S. 23rd Street to the Broadway/ Carlson Boulevard intersection.
Install a bike box on 23rd Street at Bissell Avenue to transition bicyclists east. Consider a switchback path that would connect to a two‐way cycle track on the 23rd Street frontage road to provide a direct connection between 23rd Street northbound bike lane and the eastern span of the Richmond Greenway. Install wayfinding and signage
Improve the Ohio Avenue crossing for bicyclists and pedestrians
In the medium ‐term, the following improvements may be considered:
At‐grade bicycle and pedestrian railroad crossing, and associated crosswalk improvements across Carlson Boulevard and 23rd Street to connect the east and west portions of the Richmond Greenway. Right‐of‐way acquisition may be necessary to provide a pathway connection from 23rd Street to the railroad tracks. Permission from the Public Utilities Commission to construct a new at‐grade railroad crossing at this location may be difficult. This improvement should be considered in combination with safety enhancements of other nearby railroad crossings at Carlson Boulevard/Maine Avenue and Carlson/Cutting Boulevard.
Install a staggered crosswalk with median refuge across Carlson Boulevard to connect to the railroad crossing
In the long ‐term, the following improvements may be considered:
Grade‐separated bicycle and pedestrian crossing over 23rd Street to connect the east and west portions of the Richmond Greenway.
Figure 6‐4 | Richmond Greenway gap closure
Proposed short, medium‐and long‐term improvements
Richmond Greenway gap closure – proposed short‐term improvements Project
Location
1578
C ITY OF R ICHMOND B ICYCLE M ASTER P LAN Proposed Bicycle Network | 67
Richmond Greenway gap closure – proposed mid to long‐term improvements
Graphic Source: Richmond Pedestrian Plan
Project
Location
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November 7, 2023
Public Works
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works
Lina Velasco, Director of Community Development
Subject:
Housing Resolution for Compliance with One Bay Area
Grant (OBAG) Funding Requirements
FINANCIAL IMPACT: Adoption of the recommended resolution will make the City eligible to receive $2,703,000 in OBAG Round 3
funding for the Bayview to BART and McBryde Ave Safe-
Routes-to-Parks projects.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The City’s Bayview to BART and McBryde Ave Safe-
Routes-to-Parks projects have been selected for funding under Round 3 of the One Bay Area Grant (OBAG)
program. Prior to receiving its OBAG funding, the City
must adopt a resolution wherein the City agrees to
continue complying with specific state housing laws
related to surplus lands, accessory dwelling units, and density bonuses.
RECOMMENDED ACTION:
ADOPT a resolution wherein the City agrees to continue
complying with various state housing laws as a condition of receiving its One Bay Area Grants (OBAG) 3 funding
awards for the Bayview to BART and McBryde Ave Safe-
Routes-to-Parks projects – Public Works Department
(Robert Armijo 510-620-5478/Josef Munoz 510-620-
6671/Lina Velasco 510-620-6841).
AGENDA
REPORT
1590
November 7, 2023
DISCUSSION:
The One Bay Area Grant (OBAG) program is designed to help communities invest in transportation infrastructure that supports infill development by providing funds for bicycle and pedestrian improvements, local road repair, and planning activities, while also providing funds for Safe Routes to School programs and for Priority Conservation Areas. The City Council adopted Resolutions authorizing applications for OBAG funding and allocating matching funds for two projects in December 2022 (see Attachments 2 and 3).
The City’s Bayview to BART Project is one of two Richmond proposals that have been selected for funding under round 3 of the OBAG program. As shown in Exhibit A, this project will provide a safe and comfortable walking and biking route connecting the Del Norte BART Station to the San Francisco Bay Trail. It will leverage existing multi-use paths, tie into El Cerrito’s Transit Oriented Development Complete Streets Project, improve conditions around parks and schools, and implement elements of the South Richmond Transportation Connectivity Plan.
The other Richmond proposal selected for OBAG funding is the McBryde Ave Safe- Routes-to-Parks Project. As described in Exhibit B, the project will provide a safe and comfortable walking and biking route from Wildcat Canyon Regional Park to the amenities and bus service along San Pablo Avenue and an existing crosstown bike route on 37th Street. The project will improve pavement conditions, calm traffic, add audible pedestrian signals, restripe the roadway with bike lanes, and build curb ramps, high visibility crosswalks, and other pedestrian improvements.
The Bayview to BART Project will receive $1,675,000 in OBAG funding and the McBryde Ave Safe-Routes-to-Parks Project will receive $1,028,000. Once the City receives the funding, the project designs will be further developed and finalized with extensive community input.
City staff will apply for the California Environmental Quality Act (CEQA) Notice to Exemption Section 15301.The projects do not have significant effect on the environment, and therefore can be deemed categorically exempt from CEQA.
To maintain funding eligibility, all cities and counties receiving OBAG money must authorize the submission of an application for financing allotted to the Metropolitan Transportation Commission (MTC), as well as the commitment of any necessary matching funds and assurance of completion of the project. On December 20, 2022, the City Council passed and adopted the local support resolution for Bayview to BART and McBryde Ave Safe-Routes-to-Parks Projects (refer to Attachment 2 and 3).
Jurisdictions are required to self-certify compliance with specific state housing laws related to surplus lands, accessory dwelling units, and density bonuses through adoption of a local resolution. The Resolution in Attachment 1 has been prepared for 1591
November 7, 2023
this purpose and is in substantial compliance with the template provided by the Metropolitan Transportation Commission (MTC).
DOCUMENTS ATTACHED:
Attachment 1 – Proposed Resolution
Attachment 2 – Resolution No. 186-22 MTC Bayview to BART Project Attachment 3 – Resolution No. 187-22 MTC McBryde Safe Routes to Park Project Exhibit A – Bayview to BART Project Description
Exhibit B – McBryde Ave Safe-Routes-to-Parks Project Description
1592
01337.0013/854333.2 1
ATTACHMENT 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND AGREEING
TO COMPLY WITH STATE HOUSING LAWS
WHEREAS, the San Francisco region has the highest housing cos ts in the United States; and
WHEREAS, the Bay Area pro duced less than 30% of the need for low - and moderate-income housing units from 2007 -2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and
WHEREAS, there are limited funding sources available to secure lan d for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply o f land for affordable housing; and
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and
WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and
WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining t he programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain re quirements to access these funds.
NOW, THER EFORE, BE IT RESOLVED that the City Co uncil of the Ci ty of Richmond does hereby resolve, declare, determine, and order as follows:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The City of Richmond agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), a s it exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development
1593
01337.0013/854333.2 2
3. The City of Richmond agrees to comply with state laws related to ADUs and JADUs, as it exists now or may be amend ed in the futu re, including, but not limited to California Government Code Sections 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code Sections 17980.12; and
4. That the City of Richmond agrees to comply with state Density Bonus Law (California Government Code Section 65915 et seq.), as it exists now or may be amended in the future; and
5. That the City of Richmond warrants and represents that it is in compliance with the aforementioned state housing laws and that there are no claims, acti ons, suits, or proceedings pending to the best of the City of Richmond ’s knowledge, alleging violations of the state housing laws by the City of Richmond.
----------------
I certified that the foregoing Resolution was passed and adopted by the City Counc il of the City of Richmond at a regular meeting thereof held on _______________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLERK OF THE CITY OF RICHMOND
Approved:
_______________________________________
EDUARDO MARTINEZ
Mayor
Approved as to form:
_______________________________________
DAVE ALESHIRE
City Attorney
1594
1595
1596
1597
1598
1599
1600
1601
1602
El Cerrito Del Norte TOD
Complete Streets Project
Resurface Potrero Ave
Replace Sharrows
with Bike Lanes
Build Bicycle Boulevards
With Traffic Calming
Install ADA-Compliant Curb Ramps
Throughout Project
Repair & Improve
Existing Paths
Build Bicycle Boulevard
With Traffic Calming
Install Buffered
or Protected
Bike Lanes
Install Protected Bike Lanes
on I-580 Overpass
Bay Trail Access
SOUTH RICHMOND PDA
SAN PABLO
AVENUE
CORRIDOR
PDA
580
80 BOOKER T
ANDERSON
JR PARK
CRESCENT
PARK
BAYVIEW
BRANCH
El Cerrito
Richmond
KENNEDY
HIGH
SCHOOL
STEGE
ELEMENTARY
SCHOOL
EL CERRITO
DEL NORTE
SOUTHWEST
RICHMOND
ANNEX
PARKVIEW
EASTSHORE
RICHMOND
ANNEX
PANHANDLE
ANNEX
LAUREL PARK
PARK
PLAZA
CORTEZ/STEGE
MARINA
BAY
BNSF
UNION PACIFIC
BNSF
AT & SF
SPT CO
S
51ST
ST
BAYVIEW
AVE
S 47TH ST
POTRERO AVE
CYPRESS AVE
ELLS
ST
ELLS LNCARLSON BLVD
SAN PABLO AVE
CUTTING BLVD
S 48TH ST
MEADE ST
HARTNETT
AVE
S 55TH ST
S 45TH ST
S 56TH ST
E MONTGOMERY AVE
SEAPORT AVE
BERK AVE
EGRET W
AY
FLEMING AVE
EASTSHORE BLVD
BERK PL
SANTA CLARA ST
FALL AVE
S 46TH ST
CASTILLA AVE
NUNNST
CARL AVE
SAN JOAQUIN ST
S 41ST ST
CAM
PBELL ST
HILL ST
FALLON AVE
JAY W
AY
ROBIN DR
MONTEREY ST
STATE CT
REID CT
ARNO CT
S 50TH ST
S
49TH
ST
FRAY AVE
CREELY AVE
GATELY AVE
MARIPOSA ST
EXIT 15
STATE AVE
EXIT11
0 0.06 0.12
Miles
1 Inch = 600 Feet
New Trees
City Limits
Existing Bikeways
Class 1 Path
Class 2 Lane
Class 3 Sharrow
ADA Compliant
Needs Detectable Warning Surface
Build Curb Ramp
Rebuild Non-Compliant Ramp
Potential Stormwater Planter
Priority Development Area
BAYVIEW TO BART PROJECT
This project idea envisions a safe
and comfortable walking and
biking route connecting the Del
Norte BART station to the Bay
Trail. It capitalizes on existing
multi-use paths, ties into El
Cerrito's Transit Oriented
Development Complete Streets
Project, improves conditions
around parks and schools, and
implements elements of the
South Richmond Transportation
Connectivity Plan.
1603
PROJECT LOCATION
R I C H M O N D
EL CERRITO
80 580
EL CERRITO
DEL NORTE
BOOKER T
ANDERSON
JR PARK
CUTTING BLVD
S 37TH ST
BLAKE ST
HUNTINGTON AVE
S 48TH ST
MEADEST
KNOTTAVE
CARLSON BLVD
GATTO AVE
S 47TH ST
S 49TH ST
HILL ST
S 35TH ST
HARTNETTAVE
S 43RD ST
S 55TH ST
S 36TH ST
S 45TH ST
S
41ST
ST
BERK AVE
S 39TH ST
VICTOR AVE
E MONTGOMERY AVE
SOUTHST
SEAPORT AVE
ROBIN DR
POINT ISABEL REGIONAL SHORELINE TRL
JULIGAWOODS ST
ELM
ST
FLEMING AVE
S34THST
LARK DR
EASTSHORE
BLVD
KEY BLVDOHLONE
TRL
S 59TH ST
SAN MATEO ST
AVO
CETW
AY
JEFFERSON AVE
EGRET W
AY
GLEN MAWR AVE
SNOWDON AVE
HIGHLAND AVE
TEHAMA AVE
CYPRESS AVE
P LAZA
C
IR
SAN
JOAQUIN
ST
MONTEREY
ST
HERONDR
OSCAR ST
ALAMEDA AVE
MERCED ST
S 52ND ST
HAGEN
BLVD
MADISON AVE
S 56TH ST
WALNUT ST
WALL AVE
S 42ND ST
CARLOS AVE
BURLINGAME AVE
SANTA CRUZ AVE
SANTA CLARAST
SAN
LUIS
ST
KEARNEY
ST
S 46TH ST
S 51STST
S 33RD ST
NUNNST
CARL AVE
S 53RD ST
BERK PL
IMPERIALAVE
JUNCTION
AVE
TAPSCOTTAVE
FLORIDA AVE
MENDOCINO ST
OVEREND AVE
S 57TH ST
ELLS ST CAM
PBELL ST
HARPER ST
SUTTER AVE
FALLON AVE
SCH
O
OL
REID CT
ARNO CT
OW
LW
AY
POINT
ISABEL
CT
S 50TH ST
REGATTA BLVD
LIBERTY ST
CENTER AVE
WREN DR
DOW
NEYPL
WALLER AVE
FRAY AVE
ELLS LN
CREELY AVE
CROW DR
SPRING ST
GATELY AVE
MARIPOSA ST
WENK AVE
BUTTE ST
PLACER ST
SHASTA ST
EXIT 15
STATE AVE
LEXINGTON AVE
ORCHARD AVE
S 38TH ST
S 58TH ST
BELL AVE
STARLING W
AY
STEGE AVE
EXIT 11
EXIT 10B
TAFT AVE
MANOR
CIR
SAN PABLO AVEPOTRERO AVE
BAYVIEW
AVE
0 0.1 0.2
Miles
1 Inch = 1,000 Feet
BAYVIEW TO BART CONTEXT
Equity Priority Community
Priority Development Area
Transit-Rich Outside HRA
Parks/Public Areas
City Limits
AC Transit Bus Line
Proposed Bikeways
Existing Bikeways
Class 1 Path
Class 2 Lane
Class 3 Sharrow
1604
*R3-8a
WAIT HERE
STOPSTOPSTOP
STOPSTOP
COVER SHEET OF DRAFT STRIPING PLAN
1605
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Protected Bike Lanes
Build Curb Extensions
to Shorten Crosswalks
at Skewed Intersections
Close Gap in Sidewalk
Install Crosswalks
And Traffic Calming
Install ADA-Compliant Curb Ramps
On Entire Corridor
EAST
RICHMOND
HEIGHTS
80 SAN PABLO AVENUE
PRIORITY DEVELOPMENT AREA
SAN PABLO
RICHMOND
WILDCAT CANYON
REGIONAL PARK
AMADOR ST
ANDRADE AVE
NATALIE CT
CASINOAVE
MCBRYDE AVE
SAN PABLO AVE
BERNHARDAVE
HUMBOLDT ST
GLENN AVE
MONTOYA AVE
PARK AVE
ARLINGTONBLVD
YUBAAVE
KIRK LN
VENTURA ST
RAMP
RALSTON
AVE
ESMOND AVE
MARIN
AVE
MCLAUGHLIN ST
SONOMA ST
LASSEN ST
SHASTAAVE
37TH ST
WILSON AVE
BROOKSIDE AVE
JOEL CT
KERN ST
YUBA
ST
GERALD AVE
RIVERSIDE
ELEMENTARY
SCHOOL
SAINT DAVIDS
ELEMENTARY
SCHOOL
WILDCAT CREEK
WILDCAT CREEK
RICHMOND WILDCAT
CANYON
McBryde Ave Safe-Routes-To-Parks Project Concept
1 Inch = 325 Feet
0 200 400
Feet
Proposed Curb Extension
Proposed Traffic Circle
Existing Speed Hump
ADA Compliant
Needs Detectable Warning Surface
Build Curb Ramp
Rebuild Non-Compliant Ramp
New Trees
Traffic Signal
City Boundaries
Watercourse
PDA
Parcel Owner
EBRPD
WCCUSD
Existing Bikeways
Class 2 Lane
Class 3 Sharrow
The goal of this project is to provide a safe and comfortable walking and biking route from Wildcat Canyon Regional Park to the amenities and bus service along San Pablo Ave and an existing crosstown bike route on 37th St. Project will improving pavement condition, calm traffic, add audible pedestrian signals, restripe the roadway with bike lanes, and build curb ramps, high visibility crosswalks, and other pedestrian improvements. If funded, design will be finalized with community input, and additional protected bike lanes are possible.
1606
PROJECT LOCATION
WILDCAT
CANYON
REGIONAL PARK
RICHMOND
CITY HALL
CENTER
RICHMOND
EL CERRITO
SAN PABLO
80 LINCOLN AVE
PINE AVE
HELLINGS AVE
ALFREDA BLVD
ANDRADE AVE
ALLEY
ESMOND AVE
ARLINGTON
BLVD
EMERIC AVE
BUSH AVE
MARKET AVE
SUTTER AVE
BONITA
RD
RHEEM AVE
LOWELL AVE
BARRETT AVE
SANPABLOTOWNE CTR
GARVIN AVE
MACDONALDAVE
HAZEL AVE
COSTA AVE
GLENN AVE
38TH ST
23RD ST
MARINA WAY
MORAN AVE
PENNSYLVANIA AVE
RUMRILL BLVD
SOLANO AVE
ZARA AVE
PARK AVE
EDW
ARDS
AV
E
35TH ST
22ND ST
POST AVE
MESAWAY
BERNHARD
AVE
SILVA AVE
N ARLINGTON BLVD
GRANT AVE
RALSTON
AVE
HIGHLAND
AVE
CARQUINEZ
AVE
PLYMOUTH
AV
E
BEAU
RIVAGE
ALPINE RD
MONTE CRES TA AVE
BURBECK AVE
KERN ST
YUBA ST
WILDCAT CANYON PKWY
ROOSEVELT AVE
VILLADR
YALE AVE
37TH
ST
DOREMUS AV
E
W
ILLOW
RD
HAYES ST
MOUNTST
DOWNER AVE
KIRK LN
POR
TOLA
AVE
PATTERSO
N
CIR
33RD
ST
ZINN ST
34TH ST
CERRITO AVE
24TH ST
SANFORD AVE
28TH ST
30TH ST
YUBA
AVE
SIERRA AVE
DIM
M
ST
13TH ST
26TH ST
CALIFORNIA AVE
20TH ST
MARIN
AVE
WILSON AVE
36TH ST
19TH
ST
CLINTON AVE
VALERD
AMADOR
ST
NEVIN AVE
CHURCH LN
HOWARDST
SONOMA ST
MARICOPA AVE
TULARE AVE
M
IRA
VISTA
DR
15TH ST17TH ST
14TH
ST
18TH ST
KEY
BLVD
MONTEREY
AVE
CASINOAVE
25TH ST
FRANCISCO
W
AY
VILLAGEWAY
32ND
ST
43RD ST
31ST ST
42ND ST
16TH ST
21ST ST
ROSE ARBOR AVE
27TH ST
JOEL CT
29TH ST
41ST ST
HUMPHREY AVE
DUNN AVE
COALINGA AVE
GAYNOR AVE
40TH ST
44TH ST
CALIFO
RNIABLVD
39TH
ST
MCLAUGHLIN ST
VISALIA AVE
WILCOX AVE
CIVIC CENTER ST
TISBURY
LN
WENDELL AVE
DIMM
WAY
VENTURA STLASSEN ST
TULLER
AVE
HUMBOLDT ST
VENTURA AVE
CARLSTON
ST
FELIX
AVE
BAYO
VISTA
AVEHILLC
REST
RD
W
ILDC
AT
C
REEK
TRL
M CBRYDE AVE
SAN PABLO AVE
SA
N
PAB
LO
DAM
RD
RICHMOND
WILDCAT CREEK
EAST RICHMOND
HEIGHTS
RICHMOND WILDCAT
CANYON
McBryde Ave Safe-Routes-To-Parks Project Context
1 Inch = 1,250 Feet
0 0.15 0.3
Miles
Equity Priority Community
Priority Development Area
Transit-Rich Outside HRA
Parks/Public Areas
City Boundaries
Watercourse
BART Track
AC Transit Bus Line
Proposed Bikeways
Existing Bikeways
Class 1 Path
Class 2 Lane
Class 3 Sharrow
Class 3 Boulevard1607
P:?Dept?PS-EnJ-WasteWater?EnJineerinJ - StaII?Keelan -ones?;RBSTRIPIN* MCBR<DE ALT II CALTRANSBrev 1.dwJ 14 -ul 0 1:56:46pm Eustam- 1608
November 7, 2023
Public Works
DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Josef Munoz, Capital Projects Manager
Subject:
As-Needed Landscape Architectural Design Services for
Various City of Richmond Projects
FINANCIAL IMPACT: The term of each of the contracts will be three (3) years with two one-year extension options. The total not-to-
exceed amount for each consultant contract during the
initial term is $500,000. The as-needed architectural
design services will be provided for projects funded
through various sources. The approval of these contracts will not result in an additional appropriation of funds.
Funds will be identified prior to the performance of the design services.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is recommending City Council approval of
standing contracts for as-needed landscape architectural design services to expedite the design of capital
improvement and operational projects. The time and
costs currently expended in selecting consultants on a
project-by-project basis will be significantly reduced.
AGENDA
REPORT
1609
November 7, 2023
RECOMMENDED ACTION:
ADOPT a resolution authorizing service contracts with
seven architectural design firms for as-needed landscape architectural services, in an amount not to exceed
$500,000 per firm, over a three-year period from
December 1, 2023, through December 31, 2026, with two
one-year extension options, for a total amount not to
exceed $300,000 per firm for the total extension period - Public Works Department (Robert Armijo 510-620-
5477/Josef Munoz 510-620-6671).
DISCUSSION:
It is anticipated that several capital improvement projects funded by various capital improvement funds, bonds, and grants will require the use of as-needed landscape architectural design services. Additionally, unscheduled projects will occur throughout the three-year period and will most likely require the use of the service agreements as needed. As-needed landscape architectural services agreements allow the City to provide necessary design services in an efficient and timely manner. The agreements will eliminate the lengthy process and costs associated with selecting consultants on an individual project-by-project request for proposals basis.
On March 10, 2023, the City issued a Request for Qualifications (RFQ) for as-needed architectural services. The RFQ was posted on the City's BidsOnline System and 52 firms received copies of the proposal.
Fourteen firms submitted proposals. The evaluation criteria included:
1. Relevant experience and strengths of the firm;
2. Organization of firm, availability of resources and capability to meet project schedules;
3. Qualifications of project team and project manager; and
4. Ability to provide high quality customer service to the city and the community.
On September 5, 2023, a panel of three City employees selected seven landscape architectural firms. The selected firms are highly qualified to provide as-needed landscape architectural services for the City of Richmond for the anticipated professional services workload for the next three years with two additional one-year extension options.
The seven firms that are being recommended for approval are:
Adrienne Wong Associates, Inc.
CSW/Stuber-Stroeh Engineering Group, Inc.
Gates + Associates
Groundworks Office
Nichols Consulting Engineers, Chtd
1610
November 7, 2023
PlaceWorks
Royston Hanamoto Alley & Abey, Inc.
Each service contract is for an amount not-to-exceed $500,000 over a three-year period with two one-year extension options, for a total amount not to exceed $300,000 per firm for the entire extension period. Public Works Engineering will manage these contracts. The firms hired with as-needed landscape architectural design services will provide site analysis and investigation, structural analysis, permit coordination, preparation of conceptual and schematic designs, preparation of construction documents for bidding, cost estimating, and construction sup port for libraries, gymnasiums, community centers, senior centers, parks, fire stations and maintenance yards, as well as other yet unspecified Public Works related projects.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution As-Needed Architectural Design Services Attachment 2 – PlanetBids Vendor Portal Bid Detail
Attachment 3 – Rating Matrix
Attachment 4 – AWA Contract
Attachment 5 – CSW-ST2 Contract
Attachment 6 – Gates+Assoc Contract
Attachment 7 – GWO Contract
Attachment 8 – NCE Contract
Attachment 9 – PlaceWorks Contract
Attachment 10 – RHAA Contract
1611
Reso. No.
XX-23
RESOLUTION NO. XX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
AUTHORIZING STANDING CONTRACTS FOR AS-NEEDED LANDSCAPE
ARCHITECTURAL DESIGN SERVICES WITH SEVEN FIRMS FOR AN AMOUNT NOT TO EXCEED $500,000 PER FIRM OVER A THREE-YEAR PERIOD FROM DECEMBER 1, 2023 THROUGH DECEMBER 31, 2026, WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR A TOTAL AMOUNT NOT TO EXCEED $300,000 PER FIRM FOR THE ENTIRE EXTENSION PERIOD.
WHEREAS, the City anticipates several capital projects and public right-of-way improvement projects funded by various capital improvement funds, Measure funds, bonds, and grants will require the use of specialized architectural design services; and
WHEREAS, the project-by-project selection process for landscape architectural design services can take several months and involve substantial and inflated per-project consulting costs; and
WHEREAS, City has demonstrated that the use of a pool of landscape architectural design firms that have passed a competitive bidding process on an as- needed basis eliminates much of the delay and costs associated with project-by-project bidding; and
WHEREAS, on March 10, 2023, the City issued a Request for Qualifications for as needed architectural design services through the City's BidsOnline system; and
WHEREAS, fourteen firms submitted proposals; and
WHEREAS, the firms selected on September 5, 2023, are: (l) Adrienne Wong Associates, Inc., (2) CSW/Stuber-Stroeh Engineering Group, Inc., (3) Gates + Associates, (4) Groundworks Office, (5) Nichols Consulting Engineers, Chtd., (6) PlaceWorks, and (7) Royston Hanamoto Alley & Abey, Inc.; and
WHEREAS, each service contract with an approved firm will be for an amount not-to-exceed $500,000 over a three-year period with the option to extend the contracts for up two, one-year periods; and
WHEREAS, the additional two-year extension period is not to exceed $300,000 per vendor; and
WHEREAS, these design firms will provide as-needed services for a variety of projects providing site analysis and investigation, permit coordination, preparation of conceptual and schematic designs, preparation of construction documents for bidding, cost estimating and construction support for libraries, gymnasiums, community centers, senior centers, parks, fire stations and maintenance yards, as well as other yet unspecified Public Works related projects; and
WHEREAS, anticipated services include preparation of environmental documents and permitting; preparation of documents required by funding entities; field reviews and surveys; preparation of exhibits; public presentations; preparation of project plans, specifications and cost estimates; design services during construction; record-keeping; environmental work, and special documentation required for federally funded projects; and additional Public Works tasks related to design services; and WHEREAS, the Public Works Department will manage the contracts;
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution. 1612
Reso. No. XX-21
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute and make amendments to the contract as needed to facilitate the completion of the Project.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held [enter date], by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
EDUARDO MARTINEZ
Mayor
Approved as to form:
DAVE ALESHIRE
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-XX, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on [enter date].
Pamela Christian, Clerk of the City of Richmond
1613
Reso. No. XX-21
CLERK’S
CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of Resolution No. XX-XX duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the [X day of Month Year] , of which meeting all the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting.
Said resolution h as not b een amended, mod ified or rescinded s ince the d ate of its adoption and the same is now in full force and effect.
Dated: , 2023.
City Clerk of the City of Richmond
[SEAL]
1614
Bid Detail
Pre-Bid Meeting Information
Online Q&A
Contact Information
Description
As-Needed Landscape Architectural Services for Various City of Richmond Projects Project Title As-Needed Landscape Architectural Services for Various City of Richmond ProjectsInvitation #Bid Posting Date 03/10/2023 1:20 PM (PDT)Project Stage ClosedBid Due Date 04/14/2023 5:00 PM (PDT)Response Format Electronic Project Type RFQual (Request for Quali cation)Response Types Cost FileResponse FileType of Award Lump SumCategories 90600 - Architectural Services, Professional90602 - Acoustics; Noise Abatement - Architectural Services90608 - Automation; Controls; Instrumentation - Architectural Services90610 - Buildings - Architectural Design90616 - Chemical Processing And Storage - Architectural90618 - Cold Storage; Refrigeration; Fast Freeze - Architectural90622 - Corrosion Control; Cathodic Protection; Electrolysis - Architectural90656 - Landscape Architecture90700 - Architectural And Engineering Services, Non-Professional90735 - Designing Services90742 - Geotechnical - Soils91800 - Consulting Services91815 - Architectural Consulting91842 - Engineering Consulting91843 - Environmental Consulting91855 - Geological Consulting And Study92500 - Engineering Services, Professional92517 - Civil Engineering99999 - Capital Improvement ProjectsLicense Requirements Department Public WorksAddress 450 Civic Center PlazaRichmond, California94804County Contra Costa Bid ValidLiquidated DamagesEstimated Bid ValueStart/Delivery DateProject Duration Pre-Bid Meeting No
Online Q&A YesQ&A Deadline 03/31/2023 5:00 PM (PDT)
Contact Info Josef Munoz [email protected] toOwner's Agent Scope of Services The City of Richmond is requesting proposals from rms interested in providing Landscape Architectural consulting services forvarious infrastructure and capital improvement projects. The prime consultant responding to the Request for Quali cations (RFQ)shall be a registered professional. The City of Richmond will receive proposals for As-Needed Landscape Architectural Services until 1615
Friday, March 31, 2023, at 2:00 p.m., via the City’s secure online bidding system at www.ci.richmond.ca.us/bids. All rms will receivean e-bid con rmation number with a time stamp.Other Details All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 p.m. PST, on March 17, 2023. If the City nds it necessary to issue an addendum, prospective Offerors will receive e-mail noti cation of addendum. Otherwise, answers toquestions received will be provided on the Q&A tab and noti cation will be sent by March 21, 2023. It is the proposer’s responsibility toperiodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFQ that may have beenposted.Notes For assistance with downloading the RFQ, please contact Patrick McKenzie at [email protected] NoticesLocal Programs & Policies 1616
Rater 1 Rater 2 Rater 3 TOTAL
CSW/Stuber-Stroeh 95 100 95 290
PlaceWorks 95 100 94 289
Nichols Consulting 90 97 94 281
Gates + Associates 96 100 85 281
Royston Hanamoto Alley & Abey 90 95 96 281
Groundworks Office 88 98 91 277
Adrienne Wong Associates 94 95 82 271
As Needed Landscape Architectural Services RFQ Rating Matrix RFQ Rating Matrix 9-5-23
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CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: Contract No/P.O:
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.
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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
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For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
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For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT 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. 1621
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1623
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. 1624
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make 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. 1625
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 1626
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.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest
. Contractor acknowledges, represents and warrants
that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification
.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1628
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 1629
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 1630
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1631
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 1633
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.
1634
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. 1635
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):
1636
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)
1637
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.
1638
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
1639
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 1640
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
1641
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1642
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
10/16/2023
License # 0E67768(925) 918-453111000Adrienne Wong Associates54 PIER STE 206San Francisco, CA 94158223572942416691 A 2,000,00057SBWBM348010/22/202310/22/20241,000,00010,0002,000,0004,000,0004,000,0001,000,000B 57UEGFP836710/31/202310/31/20241,000,000A 57SBWBM348010/22/202310/22/20241,000,00010,000C 57WEGAE3EEZ10/31/202310/31/20241,000,0001,000,0001,000,000DProfessional Liab.DPP420352511/14/2022Per Claim2,000,000DProfessional Liab.DPP420352511/14/202211/14/2023Aggregate4,000,000RE:City of Richmond is additional insured on General Liability and Auto Liability, as required by written contract. Waiver of Subrogation and Primary and Non-Contributory Provision included on General Liability and Auto Liability, as required by written contract. Workers' Compensation: Waiver of Subrogation is in favor of City of Richmond, as required by written contract City of Richmond450 Civic Center PlazaRichmond, CA 94804 ADRIWON-01SEITAS
IOA Insurance Services3875 Hopyard RoadSuite 200Pleasanton, CA 94588Ashley [email protected] Insurance Company, LtdHartford Accident & Indemnity CompanyHartford Casualty Insurance CompanyGreat American Insurance Company X11/14/2023
X XXXXXX
1643
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 11 of 24
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
1644
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. – Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
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, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
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 sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
1645
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 17 of 24
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer’s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
1646
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader bene fits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply .
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
D. Additional Insurerr d if Required by Contrarr ct
POLICY NUMBER: 57UEGFP8367
1647
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
E. Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
E. Primary and Non-Contributory if
Required by Contract
1648
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 If an "employee’s" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee’s" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
1649
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 (4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b . S e c t i o nI I I–V e r s i o nC A0 00 10 31 0o ft h e Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
A C C I D E N T ,C L A I M ,S U I TO RL O S S
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
15. OF SUBROGATIONWAIVER
1650
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto’s
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
1651
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 09/21/23 Policy Expiration Date: 10/31/24
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEG AE3EEZ Endorsement Number:
Effective Date: 10/31/23 Effective hour is the same as stated on the Information Pa ge of the policy.
Named Insured and Address: Adrienne Wong Associates, Inc. 54 PIER STE 206
SAN FRANCISCO CA 94158
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
1652
1653
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: Contract No/P.O:
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.
1654
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
1655
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:
1656
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. 1657
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1659
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. 1660
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make 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. 1661
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 1662
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability
. Contractor acknowledges, represents and warrants
that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default
. Notwithstanding any provision herein to the
contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest
. Contractor acknowledges, represents and warrants
that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification
.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1664
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 1665
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 1666
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1667
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City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 1669
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest
. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance
.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 1671
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Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
1672
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)
1673
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.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
1675
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 1676
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
1677
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1678
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/30/2023
AssuredPartnersDesignProfessionalsInsuranceServices,LLC 3697Mt.DiabloBlvd.,Suite230
LafayetteCA94549
NancyFerrick
510-272-1400
[email protected]
License#:6003745
USSpecialtyInsuranceCompany
29599
CSWSENG-01
SentinelInsuranceCompany
11000
CSW/Stuber-StroehEngineeringGroupInc
504RedwoodBlvd.,Suite310
NovatoCA94947
HartfordAccidentandIndemnityCompany
22357
HARTFORDINSURANCECOMPANY
38288
1512885244
B
X
2,000,000
X
1,000,000
X
ContractualLiab
10,000
Included
2,000,000
4,000,000
X
X
Y
Y
57SBWBO0500
3/31/2023
3/31/2024
4,000,000
C
1,000,000
X
X
X
Y
Y
57UEGBC2987
3/31/2023
3/31/2024
B
X
X
4,000,000
Y
57SBWBO0500
3/31/2023
Y
3/31/2024
4,000,000
X
10,000
D
X
Y
57WEGAL1BZF
3/31/2023
3/31/2024
1,000,000
1,000,000
1,000,000
A
ProfessionalLiability
USS2333699
3/31/2023
3/31/2024
PerClaim
AggregateLimit
$2,000,000
$4,000,000
UmbrellaLiabilitypolicyisfollow-formtounderlying:GeneralLiability/AutoLiability/Employer'sLiability.
RE:AllOperationsoftheNamedInsured.TheCityofRichmond,itsofficers,officials,employees,agentsandvolunteersareAdditionalInsuredtoGeneral LiabilityandAutomobileLiabilityasrequiredbywrittencontractoragreement.Insuranceisprimaryandnon-contributoryperpolicyform.Scheduleof UnderlyingCoveragetoUmbrella:GeneralLiability,AutoLiabilityandEmployer'sLiability.TheUmbrellaisfollowform.AWaiverofSubrogationappliesto GeneralLiability,AutoLiabilityandWorkers'Compensation. 30DaysNoticeofCancellation.DEDUCTIBLES:ProfessionalLiabilityDeductible=$35,000per claim. ExcessLiabilitySIR=$10,000eachoccurrence.OtherLiabilityDeductibles=$0. 30DayNoticeofCancellation
CityofRichmond
450CivicCenterPlaza
Richmond,CA94804
1679
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford
ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.
The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F-
OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:
The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.
The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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57SBWBO0500
1680
BUSINESS LIABILITY COVERAGE FORM
(b) b.Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury"any partner or member (if you are arising out of an offense committeda partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization.liability company).
4. Operator Of Mobile Equipmentb. Real Estate Manager
With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationProperty responsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b. "Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance.
5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part. organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by,Any organization you newly acquire or form, rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
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57SBWBO0500
1681
BUSINESS LIABILITY COVERAGE FORM
(e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional
(f) Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract, except such operations performedagreement or permit.
at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g) Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part, or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF. – Optional Additional Insured Coverages. (h) "Bodily injury" or "propertya. Vendors
damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i) The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1) The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:
course of business, inThis insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement;
(1) Any person or organization from(b) Any express warranty whom you lease equipment; but onlyunauthorized by you;
with respect to their liability for "bodily(c) Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor; caused, in whole or in part, by your (d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;