December 19, 2023
Public Works
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Public Works Director
Josef Munoz, Capital Project Manger
Jene Levine-Snipes, Development Project Manager
Subject:
Resolution to approve the Sole Source contract for
CSW|ST2 for the Richmond Art and Lighting Project
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The actions contemplated here will be funded by a grant that does not have to be repaid.
These funds are administered by the Public Works
Department in accordance with CalTrans rules and
regulations for the Clean California Grant Fund. The
Public Works Department, Parks Division will adjust its budget accordingly for this program. Account String
15436431-400733-23031
PREVIOUS COUNCIL
ACTION:
October 18, 2022 - Accept and Appropriate Grant Funds
via Resolution 153-22
STATEMENT OF THE
ISSUE:
City staff is requesting City Council to approve a sole- source contract to CSW|ST2 formerly Vallier Design
Associates for the Richmond Art and Light Project in an amount not to exceed $485,526.
AGENDA
REPORT
1936
December 19, 2023
RECOMMENDED ACTION:
APPROVE a sole-source contract with CSW|ST2 to
provide professional design services to implement the
scope of work described in the Clean California
Enhancement Proposal for the Richmond Art and Light
Project, in an amount of $485,526, for a term from
November 1, 2023 to December 31, 2025 – Public Works
Department (Daniel Chavarria 510-620-6639/Josef
Munoz 510-620-6671/ Jene Levine-Snipes 510-307-
8132).
DISCUSSION:
Richmond Art and Lighting Project consists of beautification and safety projects to enhance local street undercrossings and one overcrossing in the City of Richmond.
The locations are Macdonald Ave., Barrett Ave., and San Pablo Ave. undercrossings on Interstate 80, and the Harbor Way overcrossing on Route 580. The project will install pedestrian scale lighting to brighten the pedestrian experience and artwork to help enliven the space for the community.
Interstate 80 is an eight-lane freeway that transects the City. The width of the structure leaves the sidewalk dark even during daylight hours. The pedestrian experience will be transformed through art and lighting. The artwork will significantly brighten the underpass locations both physically and emotionally by adding color to a drab space. It will also help reduce graffiti by enlivening these spaces and providing less blank canvas for taggers.
Early in the project and grant proposal preparation, CSW|ST2 worked with Caltrans and the City to secure the funding opportunity. On October 19, 2021, Caltrans requested a proposal for Beautification Projects on the state Right of Way. There was only a two- week time to provide the grant proposal.
On October 30, 2021, City of Richmond staff submitted the proposal for the Richmond Art and Lighting Project to Caltrans. On September 23, 2022, the City was provided the use of the Clean California funds for beautification projects on the State Right of Way to finalize the grant award. A Co-Op agreement is an agreement to use the funds in partnership with Caltrans on the Right of Way property. It was fully executed on January 30, 2023. The project must be completed by June 30, 2024.
City staff is requesting City Council to approve the sole-source contract with CSW|ST2.
CSW|ST2 met with the community on several occasions and created the work scope design selected and awarded by the State. The City, Caltrans, and CSW|ST2 had approximately two weeks to collaborate and prepare the budget and scope of the Richmond Art and Lighting Project. This included researching the existing site conditions and several collaboration meetings with Caltrans and City of Richmond, Planning, Cultural Arts, and Public Works staff. CSW|ST2 has worked with artists and Caltrans to successfully implement the Richmond Art and Light project. Additionally, 1937
December 19, 2023
CSW's president and Vallier worked on the original mural projects and lighting for the three underpasses for the Richmond Redevelopment Agency.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Sole-Source Justification
Attachment 3 – Co-Op Agreement
Attachment 4 – Resolution 153-22 CC Adopted 10-18-2022
1938
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties.
The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term.
The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit.
City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations.
Contractor shall provide those services and carry out
that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations.
City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Public Works Jené Levine Snipes
[email protected] (510) 307-8132
Design and Project Management Services for the Richmond Art and Lighting Project CSW ST2
121 Park Place
Richmond, CA 94801
Marcia Vallier
(510) 367-6166 [email protected]
November 1, 2023
December 31, 2025
485,526
✔
1939
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
CSW ST2
1940
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:
1.) Professional Design Fee Macdonald Ave $123,651
2.) Professional Design Fee Macdonald Ave $244,035
3.) Professional Design Fee Macdonald Ave $114,840
Total $485,526.00
Proposal dated March 21, 2023 and the work detailed therein are incorporated into this contract by this reference.
Public Works
CSW ST2
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950
1951
1952
1953
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
Jené Levine Snipes
CSW ST2
Public Works
Jené Levine Snipes
1954
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:
CSW ST2
CSW ST2
Jené Levine Snipes
440 Civic Center Plaza
121 Park Place
Richmond, CA 94801
1955
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers
. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property
. The rights to applicable plans, drawings, reports,
calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1956
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. 1957
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 1958
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work
. All changes and/or extra work under this
Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 1959
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.
1960
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest
. Contractor acknowledges, represents and warrants
that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification
.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1961
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 1962
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance
. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City . No official or
employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws
. Contractor shall comply with all federal, state and
local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 1963
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments
. This Contract may be modified or
amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions
. In the event of a conflict between these General
Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1964
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure
. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
1965
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law
. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims
. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation
. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 1966
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.
1967
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. 1968
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
None
CSW ST2
1969
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.
CSW ST2
1970
___ 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.
1971
___ 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. 1972
___ 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.
1973
___ 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.
1974
Page | 1 Sole Source Form – Rev. May 12, 2016
City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
(if additional space is needed, include them in a separate page)
DocuSign Envelope ID: BCB4DBCF-747F-45A5-83C3-820DD9DF5B04 [email protected]
Provide professional design services to implement the scope of work described in the Clean California Enhancement Proposal for the Richmond Art and Light Project. Scope of Work includes but is not limited to: design development, cost estimating, preparing documents and responding to community and City council meetings, geotechnical review, creating and submitting Preliminary Plans and Specifications, coordinating permits, submitting Final Plans and Specifications, construction contractor bidding, construction site visits and all items to assist with preparing the final punch list for the construction closeout.
1.5 Years - Oct 1, 2023 - March 1, 2025
The project is a result of a collaboration in project proposal submittal with CalTrans, the City and CSW ST2 (Vallier Design Associates). CSW ST2 created the CalTrans awarded proposal of the Richmond Art and Light project. Now that funds have been awarded, CSW ST2 will continue their services to carry out the awarded proposal.
CSW ST2 has worked with artists and Caltrans to successfully implement the Richmond Art and Light project. Additionally, CSW's president and Vallier worked on the original mural projects and lighting for the three underpasses for the Richmond Redevelopment Agency.
121 Park Place
485,526
Marcia Vallier/Robert Stevens
367-6166
TBD
CARichmond
CSW ST2
x
94801
510
1975
2 | Page
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
(if additional space is needed, include them in a separate page)
DocuSign Envelope ID: BCB4DBCF-747F-45A5-83C3-820DD9DF5B04
X
X
X
CSWST2 worked for several meetings with the community and created the work scope design selected and awarded by the State. The City and Caltrans and CSW ST2 had approximately two weeks to collaborate and prepare the budget and scope of the Richmond Art and Lighting Project. This included researching the existing site conditions and several collaboration meetings with CalTrans and City of Richmond, Planning, Cultural Arts and Public Works staff. Vallier Design (now CSW ST2) is listed on the Public Engagement Plan documents as a Project partner to complete the design and implementation of the project in the proposal.
CalTrans, city staff and CSWST2 have been in consistent monthly update meetings, and communication via emails, and since October 2021. Caltrans, CSWST2 and city staff conducted a walk through to verify the scope and make adjustments if necessary. As a result of the walkthrough, CSWST2 collaborated with Caltrans to leverage additional Caltrans funding for the project so the scope would not drastically be reduced. CSWST2 also coordinated with the existing muralist to ensure that the art is consistent and played an integral role in ensuring the artist updates the CalTrans required art agreements.
Based on their integral role in the grant award and the extensive experience with consulting for large grant funded development projects, City staff will continue to work with CSWST2 in the Richmond Art and Light Project.
Early in the project and grant proposal preparation, CSWST2 worked with CalTrans and the city to secure the funding opportunity. There was only a 2 week time to provide the grant proposal.
On October 19, 2021, CalTrans requested a proposal for Beautification Projects on the state Right of Way. Based on the Invitation letter, the proposed project should be completed by 6/30/2023. The Co-Op agreement was fully executed on January 30, 2023. On August 2, 2023, via an email, Caltrans agreed to a project completion date of June 30, 2024 if construction is in progress. CSW already has the existing lighting plans and has been in coordination with the City and Caltrans since the October 2021 submitted proposal. If the City were to begin solicitation for a new consultant, we would not meet the project deadline. If the City enters into a contract with CSWST2, construction will begin in May 2024 and we will meet the funding deadline.
1976
3 | Page
I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.
Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________
--------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager)
Finance Director:
APPROVED: ____________________ DATE: ___/___/___
NOT APPROVED: ________________ COMMENTS:
____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements.
DocuSign Envelope ID: BCB4DBCF-747F-45A5-83C3-820DD9DF5B04 Daniel Chavarria
Jene' Levine Snipes, Project Manager
11/14/2023 510-620-5478
11/14/2023
Public Works Department
Digitally signed by Andrea Miller
DN: cn=Andrea Miller, o=City of Richmond, ou=Finance,
[email protected], c=US
Date: 2023.11.15 17:47:48 -08'00'
11 15 2023
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
December 19, 2023
Mayor's Office
DATE: December 19, 2023
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
State of the City Address by Mayor Eduardo Martinez
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Richmond Mayor Eduardo Martinez will deliver the
annual State of the City Address to the Richmond City
Council and the public.
RECOMMENDED ACTION:
RECEIVE the Annual State of the City Address from
Mayor Eduardo Martinez – Mayor Eduardo Martinez
(510-620-6503).
AGENDA
REPORT
2008
December 19, 2023
DISCUSSION:
The Charter of the City of Richmond under Article III-A states the following: The Mayor shall make an annual report to the City Council as to the conditions and affairs of the City.
This annual report will be presented by the Mayor as the State of the City Address.
DOCUMENTS ATTACHED:
The State of the City presentation is available on the City of Richmond’s website. It can be found on the Mayor’s Office website (http://www.ci.richmond.ca.us/3539/State-of-the- City) and you may call the office at (510) 620-6503 for assistance in obtaining a copy.
2009
(December 19, 2023)
Mayor's Office
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Eduardo Martinez, Mayor
Subject:
Presentation on AB-617 guided Community Emission
Reduction Plan
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Community Emission Reduction Plan (CERP)
Community Steering Committee has agreed to provide a
presentation to share the work and development of a
community body to oversee Richmond’s community
interest with the reduction of air pollution.
RECOMMENDED ACTION:
RECEIVE a presentation from the Community Emission
Reduction Plan (CERP) steering committee (guided by
AB-617) to explain the oversight and new rules pertaining to Bay Area Air Quality Management District (BAAQMD) -
Mayor's Office (Mayor Eduardo Martinez 510-620-6503)
DISCUSSION:
The Community Air Protection Program (outlined in AB617) is a state mandated community air protection program. This program is a community-based approach to improve community health by reducing exposure to air pollution in the most impacted neighborhoods through the development of Community Emission Reduction plans. This AGENDA
REPORT
2010
(December 19, 2023)
plan is vital due to the empowerment and involvement of residents in the oversight of their own health and safety.
The presentation will include:
Background on AB617
Community Selection
Air Pollution Health Impacts
Plan Process
Community Concerns
Community Emissions Reduction Plan Goals
Example Actions from the Draft Community Emissions Reduction Plan A Focus on Fuel Refining
Community Engagement
DOCUMENTS ATTACHED:
Attachment 1 – Presentation on the Community Air Protection Program AB617
2011
City of RichmondAn Overview to the Community Emissions Reduction Plan(in draft) November 14, 2023
2012
Contents
● Background to AB 617
● Community Selection
● Air Pollution Health Impacts
● Plan Process
● Community Concerns
● Community Emissions Reduction Plan Goals
● Example Actions from the Draft Community Emissions Reduction Plan
● A Focus on Fuel Refining
● Community Engagement
2013
October 26, 2023
Background
Community Air Protection Program (AB 617)
● State-mandated community air protection program
● Community-based approach to improve community health by reducing exposure to air pollution in the most impacted neighborhoods through the development of Community Emissions Reduction Plans
Community Emission Reduction Plan
● Plan, co-developed with community, that contains new strategies and actions (e.g., regulations, enforcement, incentives, enforceable agreements) that go beyond existing efforts to further reduce air pollution disparities
● Adopted by the Air District Board of Directors
2014
Why was our area selected for a community emissions reduction plan? The cities of Richmond and San
Pablo, and several unincorporated
areas in Contra Costa County are
severely impacted by air
pollution from:
● Ports
● Ships
● Marine
terminals
● Railroads and
railyards
● Heavy-duty
trucks
● Congested
freeways
● Fuel Refining
● Landfill
● Other industrial
and
commercial
operations
2015
Who is impacted?
The majority of the
community
members living in
the Path to Clean
Air area (which
includes Richmond,
North Richmond,
and San Pablo) are
Latinx, Asian, and
Black/African
American.
Source: Community Description, Page 17
2016
Plan Process
● Community Assets
& Air Pollution
Mapping Project
2017
Community Concerns
2018
The PTCA Community
Emissions Reduction Plan
Richmond-North Richmond- San Pablo
2019
Just Transition: In pursuit of our right to breathe clean air, promote environmental justice, and ensure the well-being of our residents and workers, our community-driven emissions reduction plan is rooted in Just Transition principles. This plan seeks to address the consequences of historical racial disparities by developing more stringent air pollution policies that advance social healing and restoration.
Health: In pursuit of reducing historically high rates of asthma, cancer, and other chronic health conditions, our plan seeks to lower our community’s disproportionate exposure to air pollution by reducing toxic emissions from local sources by 30-50% by 2035.
Community Engagement: Through education and engagement, our plan aims to empower our community by providing resources and tools to promote understanding of air pollution and its impact on our health and environment.
Hold Government Accountable: Our goal is to hold our government accountable for implementing our plan, including its strategies and actions, to protect our health and environment and effectively enforce regulations on high-polluting industries and other toxic sources of emissions in our community.
Community Emissions Reduction Plan Goals
2020
Example Actions
Community Concern Example Plan Actions
Mobile Sources (freight
trucks, cars)
● Heavy-duty truck management (such as designating truck routes and installing design deterrents to prevent trucks from using residential streets) ● Invest in zero emission bus fleets
Public Health and
Reducing Exposures
● Reduce vulnerabilities to air pollution by expanding health care ● Reduce exposure in homes by upgrading windows and installing air filtration systems
Marine and Rail ● Implement locomotive regulations to regulate emissions from freight rail operations, prioritizing zero emission technology
● Advocate for the State to establish more stringent rules to require zero emission cargo handling equipment at ports and railyards 2021
Example ActionsExample Actions
Community Concern Example Plan Actions
Commercial and
Industrial Near
Community
● Use best practices to control dust at commercial and industrial businesses
● Require more stringent review of industrial businesses proposed to be located near residential uses
Land Use and Urban
Greening
● Plant trees in priority neighborhoods (near freeways and within the “fenceline” of industrial facilities)
● Update regulations to buffer residents from sources of pollution such as freeways and industrial uses (by requiring developers to install air filtration systems and locate windows, balconies and plazas away from pollution sources)
Compliance &
Enforcement
● Develop an education and outreach campaign to inform the community about the Air District Complaints System
● Investigate targeted facilities of concern
2022
Fuel Refining Strategy 1
Move Towards a Just Transition
2023
FR 1.1. Educate the CSC and Air District on how Just Transition would apply to the Zero Emission Future and a managed phase-down of fossil fuels in the PTCA area. The CSC will establish a Just Transition Subcommittee (JTS) as part of Path to Clean Air Plan Implementation by Q2 2024
FR 1.2. Incorporate Just Transition Principles and Criteria in the prioritization and implementation of the PTCA Plan and explore incorporating these in governmental policymaking and rulemaking Strategy 1 Actions- Just Transition
2024
STRATEGY 2
Reduce Persistent Flaring and Improve
Incident Response
2025
FR 2.1. Air District and the CSC will work with the City of Richmond to strengthen the Industrial Safety Ordinance (ISO)
FR 2.2. The Air District will coordinate with the CSC to improve and expand communications about all flaring events for the fuel refining sector in the PTCA area and also for major incidents at both fuel-refining and non-fuel refining sources
- Communications mechanisms will be developed in collaboration with a CSC Communications Subcommittee and include (A) a new webpage and (B) standardized internal and external communication protocols.
FR 2.3. Air District and CSC will collaborate with Contra Costa County to recommend improvements for their Community Warning System.
Strategy 2 Actions- Flaring and Major Incidents
2026
STRATEGY 3
Hold Chevron and Other Emitters Accountable for
Reducing Pollution and Negative Public Health Impacts
from their Operations
2027
FR 3.1. Air District will develop and implement a standardized Chevron inspection protocol in partnership with the CSC
FR 3.2 Increase the frequency of Air District inspections, audits, and investigations at Chevron and Chemtrade
FR 3.3. Build a stronger collaborative relationship with operators and USW Local 5 Health and Safety representatives
FR 3.4. Transparent, Regular, and Inclusive Updates on Compliance and Enforcement Activity at Chevron
Strategy 3 Actions - Compliance and Enforcement
2028
FR 3.7. Air District will provide quarterly and annual updates to CSC about penalties assessed against fuel refining sector facilities and all other sources in the PTCA area
FR 3.8. Air District will collaboratively develop, with the CSC, and pilot legal enforcement approaches then expanded to cover all PTCA sources
FR 3.9. First, Air District will partner with the CSC to develop a Community Benefits Policy (CBP) that invests up to 100% of penalty monies from the fuel refining sector back into the PTCA area then be expanded to all sectors in the PTCA area.
Strategy 3 Actions - Legal and Penalties
2029
How can local residents and communities get involved?
The success of the plan depends on continued participation and activism of the Richmond, North Richmond and San Pablo community.
● Register to receive regular electronic email updates by visiting the project webpage (and scroll to the bottom of the page)
● Attend the public (virtual) Community Steering Committee meetings; visit the calendar of meetings webpage and look for the “Path to Clean Air Community Emissions Reduction Plan Steering Committee”
● Look out for calls to action
2030
December 19, 2023
Finance Department
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Subject:
Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the corresponding rates.
FINANCIAL IMPACT: The financial impact of creating this new classification and rate structure will result in a decrease of
approximately $10,000 in Business Tax Revenue in the
General Fund.
PREVIOUS COUNCIL
ACTION:
STATEMENT OF THE
ISSUE:
The proposed Ordinance will create a new Business
Activity, Class P – Wholesale, and the corresponding
rates.
RECOMMENDED ACTION:
INTRODUCE an Ordinance (first reading) amending
Chapter 7.04.103 of the Richmond Municipal Code by
creating a new Business Activity Classification, Class P – Wholesale, and the corresponding rates – City Attorney’s Office (Dave Aleshire 510-620-6509); Finance
Department (Nickie Mastay/Andrea Miller/Mubeen
Qader/Antonio Banuelos 510-620-6741).
DISCUSSION:
City Council placed Measure U on the November 3, 2020, ballot that was approved by the voters. The Measure changed the business tax calculation methodology to be based AGENDA
REPORT
2031
December 19, 2023
on gross receipts instead of the prior methodology that was based upon the number of employees employed by a business.
Measure U (Richmond Municipal Code 7.04) contains fifteen (15) Business Activity Classifications but does not include wholesale as a business activity classification class.
City staff is requesting to amend the Ordinance by adding, Wholesale, in section
7.04.130) of the Richmond Municipal Code as follows:
7.04.130 Business Activity Classifications Class
Class Industry
A Retail Sales
B Grocers
C Automobile Sales, Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll based, not gross receipts) J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale
Additionally, this new Wholesale class will be assigned a new business tax at the rate provided below amending the ordinance to include this section after 7.04.205 (J):
7.04.205 Tax Rates for Class A through Class J, and Class P —Progressive Rates K. Class P. Business engaged in Class P business activities shall pay a business tax as follows:
If annual gross is: Then the business tax is:
Not over $1,000,000 $1.20 per $1,000 of annual gross
receipts
Over $1,000,000 but not over
$2,500,000
$1,200, plus $1.50 per $1,000 of annual
gross receipts over $1,000,000
Over $2,500,000 but not over
$25,000,000
$3,450, plus $1.90 per $1,000 of annual
gross receipts over $2,500,000
Over $25,000,000 but not over
$50,000,000
$46,200, plus $2.20 per $1,000 of
annual gross receipts over $25,000,000
Over $50,000,000 $101,200, plus $2.40 per $1,000 of
annual gross receipts over $50,000,000
2032
December 19, 2023
A wholesale classification was omitted from the original voter approved ordinance.
City staff attempted to clarify this oversight via an Administrative Ruling placing Wholesale businesses in the same classification as Retail Sales businesses. The issue with this approach is that the definition of “Retail Sales” in the approved Ordinance excludes the resale of items such as with wholesalers:
“Retail sales” means the sale of goods, wares, or merchandise for any purpose other than resale in the regular course of business, including restaurants and peddlers. (emphasis added)
Other communities have a wholesale category in their ordinances and the City has businesses that could be classified as wholesale. The definitions in the ordinance excluding wholesale from retail and vice versa create legal confusion which would make the Ordinance subject to challenge.
The new classification clarifies both Business Class and their respective Business Tax Rate structure for Wholesale Businesses. Currently, without a clear guidance for this category, Wholesale businesses fall into “Class J – Miscellaneous” which has significantly higher rates than “Class A – Retail Sales”.
AMENDMENT PROCESS
While any amendment to Measure U that would increase the rate of taxation is subject to approval by a vote of the voters, the City Council has the authority to adopt modifications that decrease the rate of taxation and that applies in this instance.
BUSINESS TAX UPDATE
City staff recently mailed out the 2024 renewal notices for both rental property businesses and non-rental businesses. The due date for the rental properties is March 1, 2024, while the due date for the non-rentals is April 1, 2024. The Finance Department is providing augmented business tax services to the Richmond business community in person, via phone calls, through our online payment portal, and through virtual online appointments.
The community can leave questions for City staff on the business tax hotline at 510-620- 5555 or email to [email protected].
DOCUMENTS ATTACHED:
Attachment 1 – Administrative Ruling No. 1
Attachment 2 – Redline Ordinance
Attachment 3 – Final Ordinance
2033
CITY OF RICHMOND
FINANCE DEPARTMENT
FINANCE DIRECTOR ADMINISTRATIVE RULING NO. 1
ADMINISTRATIVE RULING AND INTERPRETATION (1.0)
Authority. Pursuant to Section 7.04.670 of the City of Richmond Gross Receipts Business Tax Measure U, the Director of Finance, upon delegation from the City Manager, hereby adopts the following administrative rulings:
PURPOSE
This Administrative Ruling clarifies certain sectio ns of the Measure U Gross Receipts Tax Ordinance approved by Richmond voters in November 2020.
BACKGROUND
The rulings herein promulgated provides specific ap portionment criteria to be used by the City of Richmond staff and the taxpayer in determining application if the Business Tax of gross receipts.
RULING OF THE DIRECTOR OF FINANCE
The following guidelines shall be used to determine the percentage of gross receipts to be used for the tax base:
A. Administrative Ruling - Definitions and Classifications (Section
7.04.100)
1) If a business operator has earned gross receipts in Richmond, and provides other services where the gross receipts is earned outside of Richmond, such as trucks, water or rail transportation, the tax will be calculated on the gross receipts from sales in Richmond.
2) “Wholesale Sales” is defined as “the sale of go ods, wares, or merchandise for the purpose of resale in the regular course of business. However, it is not included in any of the Business Activity Classifications. Businesses categorized as Wholesale Sales will fall under Business Activity Classification of Class A – Retail Sales with the following rates:
2034
If annual gross receipts are: Then the business tax is:
Not over $1,000,000 $1.20 per $1,000 of annual gro ss receipts Over $1,000,000 but not over $2,500,000 $1,200, plus $1.60 per $1,000 of annual gross receipts over $1,000,000
Over $2,500,000 but not over
$25,000,000
$3,600, plus $2.00 per $1,000 of annual
gross receipts over $2,500,000
Over $25,000,000 but not over
$50,000,000
$48,600, plus $2.40 per $1,000 of annual
gross receipts over $25,000,000
Over $50,000,000 $108,600, plus $3.20 per $1,000 o f
annual gross receipts over $50,000,000
3) Any business that is not otherwise defined nor i ncluded in the various classifications will fall under Business Activity Classification of Class J – Miscellaneous.
Limitation. This Ruling and Interpretation is intended to give general guidance and should not be viewed as providing a definite answer to all factual situations, as the exact application of the tax will depend on the nature of the service, the manner in which it is billed ( e.g., bundled or unbundled), and other factors.
City of Richmond, Director of Finance
______________________________
Belinda Brown
Date: November 2, 2021
2035
ORDINANCE NO. N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 7.04 TO THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “BUSINESS LICENSES”
The City Council of the City of Richmond do ordain as follows:
SECTION 1. Section 7.04.130 of the City of Richmond Municipal Code is hereby amended to read as follows:
7.04.130 Business Activity Classifications Class
Class Industry
A Retail Sales
B Grocers
C Automobile Sales, Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll
based, not gross receipts)
J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale
SECTION 2. Section 7.04.205 of the City of Richmond Municipal Code is hereby amended to read as follows:
7.04.205 Tax Rates for Class A through Class J, and Class P —Progressive Rates
2036
K. Class P. Persons engaged in Class I business activities shall pay a business tax as follows:
If annual gross receipts are: Then the business tax is:
Not over $1,000,000 $1.20 per $1,000 of annual gross receipts Over $1,000,000 but not over $2,500,000 $1,200, plus $1.50 per $1,000 of annual gross receipts over $1,000,000
Over $2,500,000 but not over $25,000,000 $3,450, plus $1.90 per $1,000 of annual gross receipts over $2,500,000
Over $25,000,000 but not over $50,000,000 $46,200, plus $2.20 per $1,000 of annual gross receipts over $25,000,000
Over $50,000,000 $101,200, plus $2.40 per $1,000 of annual gross receipts over $50,000,000
SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION 4.
This Ordinance becomes effective thirty (30) days after its final passage and adoption.
*****************************
(This section to be completed by Clerk’s Office)
First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
2037
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
2038
ORDINANCE NO. N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 7.04 TO THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “BUSINESS LICENSES”
The City Council of the City of Richmond do ordain as follows:
SECTION 1. Section 7.04.130 of the City of Richmond Municipal Code is hereby amended to read as follows:
7.04.130 Business Activity Classifications Class
Class Industry
A Retail Sales
B Grocers
C Automobile Sales, Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll
based, not gross receipts)
J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale
SECTION 2. Section 7.04.205 of the City of Richmond Municipal Code is hereby amended to read as follows:
7.04.205 Tax Rates for Class A through Class J, and Class P —Progressive Rates
2039
K. Class P. Persons engaged in Class I business activities shall pay a business tax as follows:
If annual gross receipts are: Then the business tax is:
Not over $1,000,000 $1.20 per $1,000 of annual gross receipts Over $1,000,000 but not over $2,500,000 $1,200, plus $1.50 per $1,000 of annual gross receipts over $1,000,000
Over $2,500,000 but not over $25,000,000 $3,450, plus $1.90 per $1,000 of annual gross receipts over $2,500,000
Over $25,000,000 but not over $50,000,000 $46,200, plus $2.20 per $1,000 of annual gross receipts over $25,000,000
Over $50,000,000 $101,200, plus $2.40 per $1,000 of annual gross receipts over $50,000,000
SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION 4.
This Ordinance becomes effective thirty (30) days after its final passage and adoption.
*****************************
(This section to be completed by Clerk’s Office)
First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
2040
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
2041
December 19, 2023
Community Development
DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Chris Castanchoa, Building Official
James Atencio, Senior Assistant City Attorney
Subject:
Amendments to Richmond Municipal Code Chapter 6.48
Gas Shut-Off Devices
FINANCIAL IMPACT: There is no fiscal impact to the General Fund related to these amendments. The installation of these gas shut off valves would reduce the impact of Fire resources
following an earthquake.
PREVIOUS COUNCIL
ACTION:
October 10, 2000 – City Council passed and adopted
Ordinance No. 32-00 N.S., adding Chapter 6.48 to the
Municipal Code.
STATEMENT OF THE
ISSUE:
The City Council adopted Ordinance No. 32-00 N.S. on
October 10, 2000, adding Richmond Municipal Code
Chapter 6.48 Shut-Off Devices. Currently, the scope of
this ordinance contains only construction triggers for
compliance. Contra Costa County’s Municipal Code
Chapter 718-8 Gas Shut-Off Devices contains both
construction triggers and a point-of sale trigger. The
proposed amendments to RMC 6.48 would add a point-
of-sale trigger to comply within Richmond’s Ordinance, in addition to the current construction trigger; thereby,
aligning the City’s ordinance with the County’s
requirements.
AGENDA
REPORT
2042
December 19, 2023
RECOMMENDED ACTION: INTRODUCE (first reading) an ordinance amending Richmond Municipal Code Chapter 6.48 adding a point-
of-sale trigger to add a gas shut off device, in addition to the current construction trigger – Community
Development Department (Lina Velasco/Chris
Castanchoa 510-620-6764).
DISCUSSION:
The Richmond City Council adopted Ordinance No. 32-00 N.S. adding Richmond Municipal Code (RMC) Chapter 6.48 Gas Shut-Off Devices on October 10, 2000. RMC Section 6.48.020 (2)(C) requires the installation of a gas shutoff device in an existing residential, commercial, or industrial building during an alteration/addition not involving fuel-gas piping, when the value of such alteration/addition is more than $60,000 for single-family dwellings and $50,000 for all other buildings.
Contra Costa County Municipal Code (CCCMC) Chapter 718-8 Gas Shut-Off Devices requires the installation of a gas shutoff device in an existing residential, commercial, or industrial building during an alteration/addition not involving fuel-gas piping, when the value of the alteration/addition is more than $15,000. Additionally, CCCMC 718-8 requires the installation of a gas shutoff device in any existing residential, commercial, or industrial building that has fuel gas piping supplying the building and the building is sold on or after December 1, 2006. Contra Costa County’s ordinance only applies to areas under Contra Costa County jurisdiction, including unincorporated North Richmond and El Sobrante. Consequently, the County’s point-of-sale trigger has resulted in some confusion and regular inquiries from realtors who are unsure if the ordinance applies to properties within the City of Richmond.
The proposed amendments to RMC Chapter 6.48 would lower the alteration/addition threshold to match the County’s ordinance and will also add the point-of-sale requirement. Adopting and implementing these amendments will increase the number of devices installed within the City, improve public safety, and reduce confusion for realtors and owners by aligning the City’s requirements with those of the County.
In an earthquake, the shaking of a building can cause damage to gas piping and appliances. This damage can result in a release of natural gas that can lead to fires or explosions. Structural weaknesses, the absence of appliance anchors, and lack of flexible pipe connectors can all contribute to greater possibility of natural gas leaks. This problem is so prevalent that natural gas contributes to one of every four fires after an earthquake. After a large earthquake, the occurrence of multiple fires will quickly deplete fire department resources, thereby delaying their response time to any given emergency. Installation of approved gas shut-off valves would significantly reduce the risk and spread of fires caused by damaged gas piping in the event of an earthquake.
2043
December 19, 2023
CONCLUSION:
Adopting and implementing these amendments will increase the number of devices installed within the City, improve public safety, and reduce confusion by realtors and owners by aligning the City’s requirements with those of the County.
DOCUMENTS ATTACHED:
Attachment 1 – Ordinance No. 32-00 N.S. adding RMC Chapter 6.48 Attachment 2 – Ordinance adopting Amendments to RMC Chapter 6.48
2044
2045
2046
2047
2048
2049
2050
ORDINANCE NO. N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 6.48 OF THE RICHMOND MUNICIPAL CODE ENTITLED “GAS SHUT-OFF DEVICES”
The City Council of the City of Richmond does ordain as follows:
SECTION 1. Section 6.48.020(2)(C) of the City of Richmond Municipal Code is hereby amended to read as follows:
(C) Where fuel gas piping is not involved in the alteration or addition, the value of such alteration/addition is more than $15,000.
SECTION 2. Section 6.48.020(3) is hereby added to the City of Richmond Municipal Code to read as follows:
(3) Any existing residential, commercial, or industrial building that has fuel gas piping supplying the building and the building is sold on or after July 1, 2024. The device must be installed before the parties to the sale enter into an agreement for sale, or before the close of escrow when an escrow agreement has been executed in connection with the sale. If an individual condominium unit in a building is sold, an approved gas shut-off device must be installed downstream of the meter on the gas piping serving that individual condominium unit.
SECTION 3. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION 4. This Ordinance becomes effective July 1, 2024.
*****************************
First introduced at a regular meeting of the City Council of the City of Richmond held on December 19, 2023 and finally passed and adopted at a regular meeting held on ___________ by the following vote:
AYES:
2051
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Eduardo Martinez, Mayor
Approved as to form:
____________________________
Dave Aleshire, City Attorney
2052